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05-17-05 Agenda Reg ~ City of Delray Beach Regular Commission Meeting I ==::J 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 Tuesday. May 17. 2005 and the right to limit discussion rests with the Commission. Generany, remarks by an individual will be limited to three minutes or less. The Mayor or Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. A. Public Hearings: Any citizen is entitled to speak on items under this Commission Chambers Dekay Beach City Hall section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be at the specific request of individual City Commission members. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such 100 NW 1st Avenue record. Delray Beach, Florida 33444 The City will furnish auxiliary aids and semces to afford an individual with a disability an opportuntty to partlcipate 1n and enJoy the benefits of a service, Phone: (561) 243-7000 program, or actlvity conducted by the City. Contact Doug Randolph at 243- Fax: (561) 243-3774 7127,24 hours prior to the event in order for the City to accommodate your request. Adaptlve listening devices are avatlable for meetings in the CommisslOn Chambers. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: . May 3, 2005 - Regular Meeting . May 10, 2005 - Special Meeting 6. PROCLAMATIONS: A. Recognizing Student Ambassadors: Danielle Birney, Jessica Crowe!, Ray F eran, Roumen Iordanov, Reynold Urias, Julia Yip, and Lukas Jaworski B. Magnet School of Distinction - Morikami Park Elementary School C. Top Montessori School- S.D. Spady Elementary School D. 18th Best High School in the United States - Atlantic Community High School E. National Safe Boating Week - May 21-27, 2005 F. Code Enforcement Officers' Appreciation Week - June 6-10, 2005 G. Office Depot Hazard Fair Day - May 20, 2005 H. Elder Law Month - May, 2005 7. PRESENTATIONS: A. "Spotlight on Education" - Carole Sheder, South Area Superintendent B. A wards Presentation - Historic Preservation Month Poster Contest 8. CONSENT AGENDA: City Manager Recommends Approval. A. RESOLUTION NO. 30-05/ ABANDONMENT OF EASEMENT: Approve Resolution No. 30-05 abandoning a portion of the east-west alley and north- south alley within Block 77, Town of Linton (Delray) Plat associated with the Worthing Place Development; located between S.E. 1st Avenue and S.E. 2nd Avenue and S.E. 1st Street and Atlantic Avenue. B. FINAL BOUNDARY PLAT APPROVAL/WORTHING PLACE BLOCK 69 PLAT: Approve the boundary plat for Worthing Place Block 69, located on the west side of S.E. 1st Avenue, between Adantic Avenue and S.E. 1st Street. C. FINAL BOUNDARY PLAT APPROVAL/WORTHING PLACE BLOCK 77 PLAT: Approve the boundary plat for Worthing Place Block 77, located between S.E. 1 st Avenue and S.E 2nd Avenue and Atlantic Avenue and S.E. 1 st Street. 05-17 -2005 - 2 - D. RESOLUTION NO. 28-05: Approve Resolution No. 28-05 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 217 N.E. 10th Street. E. RESOLUTION NO. 29-05: Approve Resolution No. 29-05 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 103 N.W. 3rd Avenue. F. ACCEPTANCE OF EASEMENT DEED/DELRAY INN: Approve and accept an easement deed providing a 4.5' wide by 30' long easement adjacent to northbound Federal Highway, as part of the development approval of the Delray Inn Project, to be used for the installation of a bus shelter, located along North Federal Highway. G. CONSENT TO ASSIGNMENT /LAWSON. NOBLE & WEBB. INC.: Approve Consent to Assignment with Lawson, Noble & Webb, Inc., which merged with Arcadis G & M, Inc., for general consulting engineering services. H. GRANT APPLICATION TO FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM: Authorize staff to submit a grant application to the Florida State Department of Environmental Protection's Recreation Development Assistance Program for funding in the amount of $200,000.00 for the renovation of Lake Ida Park. I. SPECIAL EVENT REOUEST /2ND ANNUAL ALL AMERICA DUCK DERBY: Consider approval of a special event request to allow the 2nd Annual All America Duck Derby, sponsored by the Sunrise Rotary Club of Delray Beach, to be held November 19, 2005 &om 11:00 a.m. until 5:00 p.m. at Veteran's Park, including temporary use permit per LDR Section 2.4.6(H) for the use of Veteran's Park and the parking lot, and authorize staff support for security and traffic control, barricade set- up/removal, trash removal and clean up, with event signage to be installed no earlier than November 10, 2005; contingent on the sponsor providing a hold harmless agreement and receipt of the Coast Guard approval one week before the event. J. AMENDMENT /TICKETMASTER L.L.C. AGREEMENT /FED CUP: Approve an amendment to the Ticketmaster Agreement between the City and Ticketmaster L.L.c. to provide that all proceeds received &om the Fed Cup ticket sales shall be paid direcdy to the United States Tennis Association (USTA) Fed Cup box office. K. CONTRACT ADDITION (CHANGE ORDER NO. l)/OVERHOLT CONSTRUCTION CORPORATION: Approve a Contract Addition (Change Order No.1) between the City and Overholt Construction Corporation in the amount of $217,930.00 for the Delray Swim and Tennis Center Clubhouse Project. Funding is available &om 380-4150-572-62.60 (2004 G.O. Bond/Delray Swim and Tennis) and 117-4133-572-63.90 (Recreation Impact Fee/Other Improvements). 05-17-2005 - 3 - L. GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL: Authorize staff to submit a grant application to the Children's Services Council (CSC) for funding in the approximate amount of $293,298.00 for the City's out of school program, day camps, and summer camp programs. M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 2, 2005 through May 13, 2005. N. AWARD OF BIDS AND CONTRACTS: 1. Bid award to various vendors for pipe fittings at an annual cost of $202,586.06. Funding is available from various departmental operating budgets. 9. REGULAR AGENDA: A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/INTERSTATE SIGNCRAFTERS: Consider an appeal of the Site Plan Review and Appearance Board's decision regarding an exception to the Master Sign Program for Subway, located at 660 Linton Boulevard. (Quasi-Judicial Hearing) B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/GRAMERCY SQUARE: Consider an appeal of the Site Plan Review and Appearance Board's decision regarding the request for internal adjustment to reduce the required 25' first/second-floor side street building setback from the street system/access tract {LDR Section 4.3.3(O)(3)(b), "Setbacks"} for Gramercy Square, pursuant to LDR Section 2.4.7(C)(5), "Internal Adjustment Findings". (Quasi-Judicial Hearing) C. WAIVER REOUEST /GRAMERCY SQUARE: Consider a waiver request to waive Land Development Regulations (LDR) Section 6. 1. 2 (C) (3) (a), "Paving Widths", to reduce the required minimum paving width for an interior road from 24' to 20' for Gramercy Square, pursuant to LDR Section 2.4.7(B)(5), ''Waiver Findings". (Quasi- Judicial Hearing) D. RECONSIDERATION OF CONDITION OF APPROV AL/IN-UEU PARKING/111 EAST ATLANTIC AVENUE (fRAMONTI'S RESTAURANT): Reconsider a condition of approval for In-Lieu parking spaces granted to 111 East Atlantic Avenue (framonti's Restaurant). (Quasi-Judicial Hearing) E. CLEAR CHANNEL OUTDOOR REOUEST: Consider a request by Clear Channel Outdoor to reduce the local billboards in exchange for four (4) new 1-95 locations. Staff recommends denial. F. YOUTH COUNCIL SCHOLARSHIP REOUIREMENTS: Consider approval of the proposed Youth Council Scholarship Requirements. 05-17-2005 - 4 - G. AGREEMENT/COLETTA AND COMPANY. INC.lCULTURAL PLAN: Consider approval of an agreement with Coletta and Company, Inc. (CCI) for the development of a cultural plan for the City; the City shall pay CCI $50,000.00 plus a maximum of $6,000.00 for travel expenses. H. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA)/CULTURAL PLAN: Consider approval of an Interlocal Agreement with the Community Redevelopment Agency (CRA) for funding of a Cultural Plan developed by Coletta and Company (CCI) which the CRA will provide funding to the City in the amount of $25,000.00 plus travel expenses not to exceed $3,000.00. I. RESOLUTION NO. 31-05: Consider approval of Resolution No. 31-05 authorizing the Community Redevelopment Agency (CRA) to acquire property located at 133 N.W. 5th Avenue by gift, purchase, or eminent domain for the redevelopment of N.W./S.W. 5th Avenue. J. TRIPARTITE AND INTERLOCAL FUNDING AGREEMENT/SCHOOL DISTRICT OF PALM BEACH COUNTY, PALM BEACH COUNTY. AND CITY /REGARDING ATLANTIC COMMUNITY HIGH SCHOOL CAMPUS CONVERSION: Consider approval of the Tripartite and Interlocal Agreement between the School District of Palm Beach County, the City, and Palm Beach County for funding of the development of a Master Plan for the Adantic Community High School Campus Conversion. K. TERMINATION OF INTERLOCAL AGREEMENT /CITY OF BOCA RATON/FIRE TRAINING FACILITY: Consider approval of termination of the Interlocal Agreement, dated August 24, 2004, with the City of Boca Raton for the fire training facility. L. OFFER OF JUDGMENT /PROPOSAL FOR SETTLEMENT IN CHARLES AND ELINOR MELL v. CITY OF DELRAY BEACH AND FLORIDA EAST COAST RAILWAY: Consider approval of an Offer of Judgment/Proposal for Setdement in the total amount of $3,500.00 in Charles and Elinor Mell v. City of Dekay Beach and Florida East Coast Railway. M. DEMAND FOR JUDGMENT IN FREEDMAN v. CITY OF DELRAY BEACH: Consider a Demand for Judgment in the total amount of $55,000.00 in Freedman v. City of Delray Beach. Staff recommendation is acceptance. N. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) regular member to the Civil Service Board for an unexpired term ending July 1,2006. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). 05-17-2005 - 5 - O. APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to the Police and Firefighters Retirement System Board of Trustees for a two (2) year term ending April 22, 2007. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). P. MALKEMES PROPERTY: Provide direction concerning a letter received regarding the acquisition of the Malkemes Property. 10. PUBLIC HEARINGS: A. ORDINANCE NO. 28-05 (SECOND READING/SECOND PUBLIC HEARING): Privately initiated amendment to Land Development Regulations (LDR) Section 4.4.20, "Industrial (I) District", Subsection 4.4.20(B), "Principal Uses and Structures Permitted", Paragraph (5), "Service Industry", to add food preparation and/ or processing as a principal use. B. ORDINANCE NO. 27-05: An ordinance amending the Code of Ordinances by enacting Chapter 59, "Reclaimed Water", to provide for guidelines regarding the use of reclaimed water and amending Section 52.19, ''Vegetation Water Meters", to clarify the use of vegetation water meters versus reclaimed water meters. C. ORDINANCE NO. 30-05: An ordinance amending Chapter 35, "Employees Policies and Benefits", Subheading "Retirement Plans", of the City Code of Ordinances, Section 35.089, "Definitions", to revise the definition of "Credited Service" to provide for a member who dies within thirty (30) days prior to attaining five (5) years of credited semce. 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. 38-05: City initiated amendment to Land Development Regulations (LDR) , Section 4.5.3, "Flood Damage Control Districts" and Appendix "A", "Definitions", to provide for a definition of "Lowest Floor" to comply with National Flood Insurance Program Regulations. If passed, a public hearing will be scheduled for June 7, 2005. 05-17-2005 - 6 - 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: MAY 13, 2005 05-17 -2005 - 7 - ¡A~ CITY COMMISSION CITY OF DELRAY BEACH. FLORIDA REGULAR MEETING - TUESDAY. MAY 17. 2005 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 9. REGULAR AGENDA Q. POLICE EXECUTIVE RESEARCH FORUM (PERF) PROPOSAL: Consider approval of the Police Executive Research Forum (PERF) Proposal regarding the review of the City's use-of-force policies and training for the Police Department. ******************************************************************************** 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. -- MAY 3. 2005 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice Mayor Levinson in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, May 3, 2005. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Rita Ellis Vice-Mayor Jon Levinson Commissioner Alberta McCarthy Absent - Mayor JetIPerlrnan Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Brian Shutt, Assistant City Attorney Chevelle D. Nubin, City Clerk Vice Mayor Levinson stated he would like to dedicate the prayer to Marian Dillon Rabinowitz who was the President of Aid to Victims of Domestic Abuse (A VDA) who passed away suddenly over a week ago. He stated Commissioner Archer has now been nominated and made President of A VDA. 2. The opening prayer was delivered by Rabbi Chaim Wender with Temple Sinai. 3. The Pledge of Allegiance to the flag of the United States of America was gIven. 4. AGENDA APPROVAL. Vice Mayor Levinson stated there is additional infonnation for Item 8.C., SDecial Event Request/4th of July and Item 9.G., Amendment No. 1/License Ae:reement/Pile:rim Belle Cruises. LLC. He stated Item 9.A., Waiver ReQuest/Gramercy Square has been removed from the Agenda per the request of the applicant. In addition, Vice Mayor Levinson stated Item 6.D., Distine:uished Mothers of the Year Proclamation is being added to the Agenda. He requested Item 8.C., SDecial Event Request/4th of July be moved to the Regular Agenda as Item 9.A.A. Ms. McCarthy moved to approve the Agenda as amended, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of April 19, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: 6.A. Drive to Support the Arts Month - Mav 2005 Vice Mayor Levinson read and presented a proclamation hereby proclaiming May 2005 as Drive to Support the Arts Month. Mr. Bill Nix came forward to accept the proclamation. 6.B. National Preservation Month - Mav 2005 Vice Mayor Levinson read and presented a proclamation hereby proclaiming May 1, 2005 through May 31, 2005 as National Preservation Month to the Historic Preservation Planner. 6.C. Neurofibromatosis Awareness Month - Mav 2005 Vice Mayor Levinson read a proclamation hereby proclaiming May 2005 as Neurofibromatosis Awareness Month. He noted this proclamation will be mailed. 6.D. Distinl!uished Mothers of the Year -2005 Vice Mayor Levinson read a proclamation hereby congratulating Alberta McCarthy, Betsy Owen, Shirley Plummer, H. Ruth Pompey, and I. Elizabeth Wesley as the 2005 Distinguished Mothers of the Year. Ms. McCarthy came forward to accept the proclamation. 7. PRESENTATIONS: 7.A. 16th Annual DelAirelDelrav Citizens for Delrav Police - Charity Golf Tournament - Perry DonFrancisco Perry DonFrancisco, owner of Boston's on the Beach Restaurant, stated the residents of DelAire Country Club recently held their 16th Annual Charity Golf Tournament to benefit Delray Beach Fire-Rescue and Police. The funds raised at this event will be utilized by the Fire-Rescue and Police Department to purchase non- -2- 05/03/05 budgeted equipment to assist the entire community. The generosity ofDelAire allows the Fire-Rescue and Police Department to purchase advanced technological equipment and keeps the City current with the most lifesaving and crime fighting innovations. Harvey Lurey and Mel Katz came forward to present a check in the amount of $23,000 to Chief Schroeder and a check to Chief Koen in the amount of $23,000. In addition, a check in the amount of $5,000 was presented to Perry DonFrancisco. Mr. Lurey stated DelAire raised a total of $66,685 for one day of golf. Chief Koen and Chief Schroeder came forward to accept the checks and thanked DelAire for their continued support. At this time, Mr. Lurey recognized Dan Bernheim, President of DelAire for his efforts. 7.B. Police Deoartment's Youth Vocational Charter School Presentation - First Presbyterian Church Dr. Theodore Bush (Reverend) First Presbyterian Church presented a check to Dr. Frank Little in the amount of $5,000 for the Youth Vocational Charter School. Dr. Frank Little, Director of the Youth Vocational Charter School, came forward to accept the check and thanked the First Presbyterian Church for their partnership with the Police Department, the local Board, and the students. Dr. Frank Little stated they will be increasing the student enrollment next year from 25 to 100 students and will be relocating to Delray Beach. He stated the money will be used for equipment and educational supplies for the students and thanked the Commission for their support. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting of April 21, 2005. 8.B. RIGHT OF ENTRY AGREEMENTS AND EASEMENT DEEDSIHIGH POINT: Approve and accept right of entry agreements and easement deeds to allow the City to go onto certain common areas of High Point West, Sections 2 and 3 to install a water main to increase the fire flow capacity. 8.C. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. -3- 05/03/05 8.D. SPECIAL EVENT REQUESTIHOW ARD ALAN 11TH ANNUAL DELRA Y BEACH CRAFf FESTIV AL: Approve a special event request for the 11 th annual Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. to be held from 10:00 a.m. until 5:00 p.m. on September 24 and September 25, 2005, ranting a temporary use pennit per LDR Section 2.4.6(H) for the closure ofN.E.lS.E. 4t Avenue, two blocks south of Atlantic Avenue, and the Vittorio's parking lot for vendor parking, and authorize staff support for police security with the sponsor paying all overtime costs; contingent upon receipt of certificate of liability insurance. 8.E. SPECIAL EVENT REQUEST/2005 EXCLUSIVE SPORTS MARKETING VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports Marketing for the 2005 Exclusive Sports Marketing Volleyball Tournament to be held at the municipal beach on June 11 and 12,2005. 8.F. CHANGE ORDER NO. 1/FINAL PAYMENT/CONSTRUCTION QUALITY CONTROL. INC.: Approve Change Order No. I in the amount of an $864.52 decrease, and final payment in the amount of$9,812.15 to Construction Quality Control, Inc. for construction of the Delray Swim and Tennis Storage Building Project. Funding is available from 117-4133-572-62.10 (Recreation Impact Fee FundlBuildings). 8.G. CHANGE ORDER NO. 1/FINAL PAYMENT/COLONNA CONSTRUCTION CO.. INC.: Approve Change Order No. I in the amount of a $44,893.09 decrease, and final payment in the amount of $12,670.75 to Colonna Construction Co., Inc. for the 2002 Sidewalk Improvement Program Project. Funding is available from 334-3162-541-65.61 (General Construction Fund/Downtown Pedestrian Network). 8.H. GRANT APPLICATION/PALM BEACH COUNTY PUBLIC LANDS GRANT PROGRAM: Approve the application for a 50%/50% matching grant in the estimated amount of $14,860.00 for the Palm Beach County Public Lands Grant Program for the removal of exotics and invasive vegetation at Barwick Park. Funding is requested from the 2005-2006 operating budget. 8.1. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve Housing Rehabilitation grant/contract award through the Community Development Division in the amount of $24,932.25 to South Florida Construction (925 S.W. 10th Avenue). Funding is available from 118-1924-554-49.19 (State Housing Initiatives Partnership (SHIP) Program!Housing Rehabilitation). 8.J. PALM BEACH COUNTY AGREEMENT/FED CUP: Approve an agreement with the Palm Beach County Board of County Commissioners for the reimbursement of funds to the City in an amount up to $40,000.00 for expenses incurred by the City for the Fed Cup. -4- 05/03/05 8.K. PALM BEACH COUNTY GRANTIEMERGENCY MEDICAL SERVICES: Approve the application for a non-matching grant to the Palm Beach County Department of Emergency Medical Services in the amount of $41,199.50 to upgrade eight (8) Zoll M Series defibrillator/monitors and the purchase of two (2) AED's for the Fire-Rescue Department and approve Resolution No. 27-05. 8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 18, 2005 through April 29, 2005. 8.M. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Hartzell Construction, Inc. in the amount of $177,157.00 for the Southwest Area Sidewalk Project. Funding is available from 118-1965-554-63.11 (Community Development Fund/Southwest Area Sidewalk). 2. Contract award to Ranger Construction, Inc. in the amount of $112,948.50 for the 2005 Street Resurfacing Project. Funding is available from 334-3162-541-61.17 (General Construction Fund/2005 Resurfacing). 3. Purchase award to A2000 Network Solutions, Inc. in the amount of $24,650.00 via the State Contract #250-000-03-1 for the purchase of switches and fiber connections to activate the fiber optic cables per the Adelphia Dedicated Capacity Agreement. Funding is available from 334-6111-521-64.11 (General Construction Fund/Computer Equipment). 4. Purchase award to Hector Turf in the amount of$17,019.74 via the Florida State Contract #515-630-03-1 for the purchase of a ToTO Groundsmaster 328-D Mower for the turf maintenance of the new park facilities. Funding is available from 001-4138-572-64.90 (General Fund/Other MachineryÆquipment). Ms. McCarthy moved to approve the Consent Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A. WAIVER REOUEST/GRAMERCY S~UARE: Consider a waiver request to waive Land Development Regulations (LDR) Section 6.1.2(C)(3)(a), "Paving Widths", to reduce the required minimum paving width for an interior road from 24' to 20' for Gramercy Square, pursuant to LDR Section 2.4.7(B)(5), "Findings". (Quasi- Judicial Hearing) - 5 - 05/03/05 This item has been removed from the Agenda due to the applicant's request. 9.A.A. SPECIAL EVENT REQUEST/4th OF JULY: Approve a special event request for the 4th of July Celebration event to be held from noon until 12:00 midnight, including a temporary use pennit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from the east side of N.E./S.E. 6th Avenue to Ocean Boulevard, and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard, waiver of City Ordinances 101.25 and 101.32 to allow assembly on the beach and vendors on AlA; and to allow all beach parking lots to remain open until midnight, staff support for security and traffic control, street barricading, banner hanging, stage set up/use, and clean up/trash removal. Robert A. Barcinski, Assistant City Manager, stated this is a request to grant a temporary use pennit for the closure of Atlantic A venue from the east side of NE/SE 6th A venue to Ocean Boulevard and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard from noon to midnight, to waive City Ordinances 101.25 "Commercial Enterprises" and 101.32 "Assemblies" to allow assembly on the beach and vendors, and to allow all beach parking lots to remain open to approximately midnight. The request also includes staff support for security and traffic control, street barricading and banner hanging, stage set up and use, and clean up and trash removal. Overtime costs for staff support are approximately $27,450, with barricade rental costs and portable lighting rental costs at about $2,500 and stage rental is $266. Prior to the vote, Vice Mayor Levinson stated based upon the partnership agreement with the Palm Beach Post he will not support the item because he believes it is inappropriate of the Joint Venture to partner with organizations who are in fact not good corporate citizens. Mr. Levinson stated he does not feel we should be using City resources to support a partner that does not adequately deal with their business in a responsible manner. He stated he will not support this as long as it has the partnership with the Palm Beach Post in it. He stated he does not expect only good news; however, he expects accurate reporting. Mrs. Archer stated although she does not always agree with what is said by its reporters or its editorial content at times; she believes the news and the sponsorship of events in a municipality are two separate items. She stated the partnership with the news media is imperative to our community's success. They have been a partner with us up to this point and have helped us greatly with our events. In addition, she stated lack of their participation would have much greater consequences on the City than they would on the newspaper. Therefore, Mrs. Archer stated she supports this item. Mrs. Ellis concurs with comments expressed by Mr. Levinson about the media coverage (Editorial page) and stated it certainly has not been kind to Delray. She stated numerous articles have been printed inaccurately. However, in looking at the entire sponsorship of the events in Delray Beach and the boomerang effect that would -6- 05/03/05 apply regarding the media sponsorship, Mrs. Ellis stated the sponsors giVIng contributions to the City expect media coverage in order to support the events. She suggested that everyone sit down with the people who are making these decisions from the newspapers and see what it will take to get them back on track. She believes the overall effect will not be felt by the newspaper but will be felt by those charities and events that contribute a great deal to the economic impact of Delray Beach. Therefore, Mrs. Ellis stated she will support this item. Ms. McCarthy stated when she travels she gets a sense of the community through the newspaper. She stated in other newspapers she sees "the good, bad and the ugly" being reported and expects the same in our City as well. She concurs with Mr. Levinson's comments that the editorials should be in the Editorial Section. In addition, Ms. McCarthy concurs with Commissioner Ellis that she does not feel this is the avenue the City should use to address this situation. She stated if the City has an issue with the news department then she feels the City needs to express its concerns directly to the editor to the newspaper who is in charge of what gets printed and what does not get printed. Ms. McCarthy stated she supports this endeavor and embraces what they have done to help Delray Beach become the active community that it is and to incorporate other entities and give them exposure for the healthiness for their businesses as well. Mrs. Archer moved to approve the special event request for the 4th of July Celebration event, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - No. Said motion passed with a 3 to 1 vote; Commissioner Levinson dissenting. 9.B. CONDITIONAL USE REOUESTIEBENEZER WESLEYAN METHODIST CHURCH: Consider a request for conditional use approval to allow the relocation and construction of a new 214 seat sanctuary for Ebenezer Wesleyan Methodist Church, located on the east and west sides of S.W. 6th Avenue, north of S.W. 2nd Street. (Quasi-Judicial Hearing) Vice Mayor Levinson read into the record the procedures for a Quasi- Judicial Hearing for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk swore in those individuals who wished to give testimony on this item. Vice Mayor Levinson asked the Commission to disclose any ex parte communications. No ex parte communications were disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file #2005-100 into the record. - 7 - 05/03/05 Mr. Dorling stated the Ebenezer Wesleyan Methodist Church is currently located at the southeast comer of S.W. 6th Avenue and S.W. 2nd Street. The church is seeking to relocate its facility to the northwest comer of S.W. 6th Avenue and S.W. 2nd Street and construct an off-site parking lot at the northeast comer ofS.W. 6th Avenue and S.W. 2nd Street. The conditional use request involves the construction of a 6,575 square foot sanctuary building and a 22-space off-site parking lot on the east side of S.W. 6th Avenue. At its meeting of April 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with the conditional use request. There was significant discussion over the existing facility. After significant discussion, the Board voted (7-0) in favor of the Conditional Use request based upon findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E)(5), and Chapter 3 of the LDR's, subject to the conditions contained in the staff report with condition #2, #3 and #6 being modified as follows: (2) that the seating capacity is limited to 214 people, (3) that the existing church facility be retained as a support facility to the Ebenezer Wesleyan Methodist Church, for a period not less than six (6) months from the date of the issuance of the certificate of occupancy of the new facility, and (6) that driveway stacking modification be made to the northeast driveway by eliminating one parking space on the north side of the driveway. Karin Mannchen, Architect, 8 S. "J" Street, Lake Worth, stated this was presented to the Planning and Zoning Board and she is agreeable to certain changes. She stated the number of parking spaces on the main church lot was the only thing which had to be clarified and they agreed to a reduction from 51 spaces to 50 spaces. Reverend R.L. Howard Ebenezer, 201 S.E. 6th Avenue, Delray Beach, stated the church has been a contributor to this community by helping to develop the youth and has been saving for years to acquire this land. He urged the Commission to remove the conditional use and consider the request. Vice Mayor Levinson asked if anyone else from the public would like to speak in favor or in opposition, to come forward at this time. No one from the public came forward to speak. Mr. Dorling reiterated that there was a concern from the Planning and Zoning Board about the possibility that an additional church and its related impacts could relocate in the existing building. Ms. McCarthy asked if there is an ordinance in place that restricts churches from being built across the street from each other. Mr. Dorling stated there is not an ordinance in place that would restrict this; however, in reviewing a church one would look at how the impacts would be accommodated. He stated in this case it is clear that the existing site has insufficient parking and they utilize the parcel for overflow parking. Ms. McCarthy asked what the current occupancy of the church is. Reverend Ebenezer stated at this time the church seats approximately 126 people. - 8- 05/03/05 Mrs. Archer inquired how this fits in with the Southwest Redevelopment Plan. Mr. Dorling stated this area in the Southwest Plan was recently rezoned for commercial property. Mrs. Ellis asked if the other pieces of property they own have residential houses on them now. Mr. Dorling stated number one is their proposed facility, number two is a vacant parcel, number three is the current church, and number four is The Church of God. Hence, the three churches together could potentially have an impact on overflow parking into the neighborhood streets. Brief discussion between staff and the Commission followed. Mrs. Archer moved to approve the Conditional Use request for Ebenezer Wesleyan Methodist Church subject to the conditions in the staff report and as modified in the City Commission documentation dated May 3, 2005, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.C. WAIVER REOUESTIEBENEZER WESLEYAN METHODIST CHURCH: Consider a waiver request to waive Land Development Regulations (LDR) Section 4.6.9(D)(3)(c)(I), "Stacking Distance", to reduce the required parking lot stacking distances associated with the construction of a new 214 seat sanctuary for Ebenezer Wesleyan Methodist Church. (Quasi-Judicial Hearing) Vice Mayor Levinson asked if there is anyone who would like to speak who has not been previously sworn in. No one from the public came forward to be sworn m. Vice Mayor Levinson asked the Commission to disclose any ex parte communications. No ex parte communications were disclosed. Mr. Dorling stated the LDR's require that in parking lots of 50 or less parking spaces required 20 foot storage. The parking lot adjacent to the sanctuary was originally proposed as a 51 space lot. Modifications as a result of a condition of approval will reduce the parking lot to 50 spaces which requires a minimum 20 feet stacking distance at each entry. While one of these entries meets this requirement, 23 feet on (SW 2nd Street), two others only provide approximately 13 feet each. Mr. Dorling stated this is consistent with waivers that have been approved elsewhere in the City. At its meeting of April 18, 2005, the Planning and Zoning Board considered the waiver request and recommended approval (7 to 0) of the waiver for both entrances on SW 6th Avenue provided that a stacking distance of no less than 13 feet was provided [thereby requiring the elimination of one parking space at the northeast entrance (north side of the driveway)]. -9- 05/03/05 Mrs. Archer moved to approve the waiver request to LDR Section 4.6.9(D)(3)(c)(1), to reduce the required stacking distance for both driveways on S.W. 6th A venue from 20 feet to 13 feet, based on positive findings with respect to LDR Section 2.4.7(B)(5), seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:00 p.m. the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 25-05: Approve Resolution No. 25-05 adopting the final assessment roll, Seacrest/Del-Ida Special Assessment District. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 25-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE FINAL ASSESSMENT ROLL FOR THE SEACREST/DEL-IDA SPECIAL ASSESSMENT DISTRICT TO INCLUDE THOSE PROPERTIES GENERALLY NORTH OF N.E. 4TH STREET, SOUTH OF N.E. 22ND LANE, WEST OF THE FEC RAILROAD, AND EAST OF SWINTON A VENUE, AS MORE FULLY DESCRIBED HEREIN; PROVIDING FOR THE ASSESSMENT AMOUNT AS TO EACH PROPERTY; PROVIDING FOR THE METHOD OF PAYMENT OF THE SPECIAL ASSESSMENT; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 25-05 is on file in the City Clerk's office. ) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Del ray Beach, Florida. The City Attorney stated this is Resolution No. 25-05 which adopts the final assessment roll for the Seacrest Del-Ida Special assessment. Brian Shutt, Assistant City Attorney, stated in 2000, the City Commission adopted the preliminary assessment roll for the Seacrest Del-Ida neighborhood which involved repaving certain areas, constructing sidewalks, beautification, and traffic -10 - 05/03/05 calming measures. Staff adopted the estimated amount to be about $1.5 million and the City actually spent more money on the assessable improvements. Mr. Shutt stated the City also did other improvements that were not included in the assessment roll. The cost to the City is approximately $2 million; however, by State law, the City can only go up to the estimated amount of $1.5 million. The City and the property owners will split the cost based on the square footage of the lot and therefore the property owners will be paying the maximum amount of the assessment but they will not be paying any greater amount than what was estimated. Vice Mayor Levinson declared the public hearing open. Patty Wilder. 254 N.E. 220d Street. Delrav Beach. expressed concern as to why her neighborhood is being assessed for improvements and why property owners have to pay for improvements but according to an article in the Delray Times there is money allotted for these improvements to be done in areas like Chatelaine and Rainberry Bay. Mrs. Wilder expressed concern that she did not receive any improvements although she is being assessed. She expressed concern over the safety of her children because people speed up and down the street. She suggested that speed humps be installed on her street and stated she would like to know why her community is being assessed while other communities are not. Sarah Rutland. 1401 N. Swinton Avenue. Delrav Beach. stated she requested that the City come out and fix the grass outside her house and they refused. Mrs. Rutland distributed photographs to the Commission and stated everybody else's was done except for hers. She expressed disappointment that she received an assessment for something that has never been done. Keith Hartv. 225 N.E. 14th Street. Delrav Beach. stated several residents on N.E. 14th Street came before the Commission and spoke at the Budget approval meeting. He stated the residents expressed concern that from the time the Redevelopment Plan had been written up and the time of the budget approval that the speed humps on their street had been taken out due to a lawsuit in Tampa and were informed that if the lawsuit was favorable, that this matter would be resolved and the lawsuit did work out favorably. Mr. Harty stated in the original Plan they had a round-a- bout at the end of their street on 3rd and two speed humps. He stated approximately 1,200 cars a day go up and down that street. Mr. Harty stated after the improvements were made the speed humps were no longer there. A meeting was set with the neighborhood, the City Engineer, and the Association President and residents were informed that they would get one speed hump and a temporary speed hump along with a traffic count to see if this would be suitable. Mr. Harty stated they currently have one temporary speed hump; the round-about and neither of the other speed humps is there. Mr. Harty stated in his opinion taking the traffic calming devices out of one of the busiest streets in the neighborhood is not responsible. He stated he was informed that the residents would not have to pay for the traffic calming devices until it is completed and noted they do not have their traffic calming devices. He expressed concern over the safety of the children in the neighborhood and feels that the City should provide two speed humps and the - 11 - 05/03/05 round-a-bout. Mr. Harty stated he does not feel the assessment is considered finished until the residents get what was in the Redevelopment Plan in the first place. Lois Brezinski. 110 N.E. 7th Street. Delrav Beach. representing a few of the neighbors who could not attend this evening and stated those who living on N.E. 7th Street who called her this evening does not know what the assessment is for. She asked if the assessment was publicized and commented that someone on her street suggested speed bumps and lighting. Beril Krue:er. 9 N.E. 16th Street. Delrav Beach. stated he and many of his neighbors on N.E. 16th Street came before the Commission in 2000 opposing this assessment. Mr. Kruger stated everyone felt for what residents had to pay for the assessment did not show them it would do anything for their neighborhood. He stated it is costing him $1,000 to have a swale put in the front of his house where they have killed the grass. Secondly, Mr. Kruger stated planters were installed at each end of the street so every time a fire truck comes down the street they hit the curb which he feels is very dangerous. He stated N.E. 16th Street is the first street after 13th Street to go east from Swinton A venue. He stated cars speed down this street being clocked at 60 mph creating a dangerous situation for children in the area. He stated if speed humps were installed he would have appreciated it and noted that they have no sidewalks but only a curbing at both ends of the street and swales. He stated his driveway does not have a swale. Mr. Kruger stated he has come before the City Commission numerous times complaining about the traffic on N.E. 16th Street. He stated he does not understand how the association made an agreement with the City when ninety percent of the people who are living in this area do not belong to this association. Mr. Kruger strongly opposes this assessment and suggested that this be looked into again. Beniamin Antal. 15 N.E. 16th Street. Delrav Beach. concurs with comments expressed by Mr. Kruger and reiterated that they are paying for something they are not getting. He stated he would have appreciated if a sidewalk was installed and noted his driveway was tom up even though his driveway was in perfect condition. Mr. Antal stated he is strongly opposed to the assessment and stated if he had something given to him then he would willingly pay for it. Mr. Antal stated he is a retired engineer from Pratt & Whitney Aircraft for the last 17 years and is 82 years old. Brian Shutt, Assistant City Attorney, stated in the year 2000, public notices were sent out to the then residents of both of these neighborhoods. He stated the way this process started was the associations came to the City and requested the City to do some work in that area, a plan was formulated, it came before the Commission and the Commission approved the preliminary assessment roll. Notices were sent out and people could come and speak at that point in time and voice their opinion. Mr. Shutt stated not everyone received something tangible in front of their house; the special assessment worked as far as an improvement or an improved value to a property over the entire area for both the Seacrest and the Del-Ida neighborhoods. Mr. Shutt stated sidewalks were installed and trees were planted to improve the neighborhood as a whole. He stated this work continued to approximately 2004 and this is when staff started the process of - 12- 05/03/05 adopting the final assessment roll. Notices were sent out in the very beginning and many properties have changed ownership since that time and the preliminary assessment roll and the assessment amounts were recorded in the public records. The City Manager stated with regard to the funding being spent in other neighborhoods, there were additional improvements put into this neighborhood beyond what was in the original plan that was paid for from Neighborhood Enhancement funds. Secondly, the two neighborhoods requested that this work be done quickly. The City Manager stated the City is budgeted $250,000 per year for neighborhood improvements. At that rate, the work that has been done would take eight (8) years if they got all the money that was budgeted for that eight (8) year period. The City Manager reiterated that this was done at the request of the neighborhood in order to accelerate the process. Vice Mayor Levinson stated it is important to note that the City requires the homeowners' associations to make an application for traffic calming elements. Ms. McCarthy stated where there was to be a round-a-bout at one time when the associations asked for additional things to be done for their plan that was devised some of the round-a-bouts were relocated to other locations and traffic calming was developed in a different avenue. She recommended that residents get a copy of the SeacrestlDel-Ida Plan. Mrs. Ellis asked if there is some obligation to someone who would be acquiring property in this area to infonn them of the assessment. The City Attorney stated they are on notice because this is filed in the public records. Ms. McCarthy moved to approve Resolution No. 25-05, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. 10.B. ORDINANCE NO. 26-05: An ordinance designating The Hartman House, located at 302 N.E. 7th A venue, to the Local Register of Historic Places. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 26-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE HARTMAN HOUSE, LOCATED AT 302 NE 7TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRA Y BEACH, FLORIDA, JULY, 2004"; PROVIDING A GENERAL REPEALER - 13- 05/03/05 CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 26-05 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Warren Adams, Historic Preservation Planner, stated The Hartman House is an example of a 2-story Frame Vernacular House built in 1923 during the Florida Land Boom years of the 1920's. The first occupant, Mr. Gustav R. Hartman, was the Assistant Postmaster of the City of Delray Beach, and lived in the house for 48 years which contributed to its level of preservation and lack of alterations. The residence at 302 NE 7th A venue is being considered for listing in the Local Register of Historic Places as it fulfills three of the criteria. It is associated in a significant way with the life or activities of a major person important in city, state, or national history; it exemplifies the historical, political, cultural, economic, or social trends of the community; and portrays the environment in an era of history characterized by one or more distinctive architectural styles. At its meeting of March 16, 2005, the Historic Preservation Board (HPB) set a public hearing date of April 6, 2005, to discuss the proposed designation and provide a recommendation to the City Commission for the individual historic property listing. On April 6, 2005, the Historic Preservation Board (HPB) voted unanimously (4- 0) to fOlWard a recommendation of approval to list the Hartman House (302 NE 7th Avenue) in the Local Register of Historic Places. Vice Mayor Levinson declared the public hearing open. Jason Mankoff, Attorney with Weiner & Aronson, P.A., 102 N. Swinton Avenue, Delray Beach, representing the applicant stated he is present for any questions. There being no one who wished to address the Commission regarding Ordinance No. 26-05, the public hearing was closed. Mrs. Ellis moved to adopt Ordinance No. 26-05 on Second and FINAL Reading designating The Hartman House (NE 7th Avenue) to the Local Register of Historic Places, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. to.C. ORDINANCE NO. 28-05 (FIRST READINGIFIRST PUBLIC HEARING): Privately initiated amendment to Land Development Regulations (LDR) Section 4.4.20, "Industrial (I) District", Subsection 4.4.20(B), "Principal Uses and Structures Pennitted", Paragraph (5), "Service Industry", to add food preparation and/or - 14- 05/03/05 processing as a principal use. If passed, a second public hearing will be scheduled for May 17, 2005. Prior to consideration of passage of this ordinance on First ReadinglFirst Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 28-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.20, "INDUSTRIAL (I) DISTRICT" , SUBSECTION 4.4.20(B), "PRINCIPAL USES AND STRUCTURES PERMITTED" , PARAGRAPH (5), "SERVICE INDUSTRY"; TO ADD FOOD PREPARATION AND/OR PROCESSING AS A PRINCIP AL USE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 28-05 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City ofDelray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is a privately initiated LDR text amendment that has been submitted by Hua Restaurant Group to allow food preparation and/or processing, and catering operations as principal uses in the MIC (Mixed Industrial and Commercial) and I (Industrial) zoning districts. The proposed food preparation business and catering are currently allowed in other industrial-related zoning districts (PCC, LI, CBD-RC) and are appropriate uses within the Service Industry category of the Industrial zone district. These types of uses are appropriate in an industrial setting as they are primarily related to preparing a product for distribution to a facility in a commercial area or providing a service to an off-premise customer/consumer. At its meeting of April 18, 2005, the Planning and Zoning Board held a public hearing regarding the amendment. After discussing the amendment, the Board voted 7-0 to recommend to the City Commission approval of the proposed amendment, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Vice Mayor Levinson declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 28-05, the public hearing was closed. - 15 - 05/03/05 Ms. McCarthy stated in adopting this ordinance she is concerned about the possibility of additional odors and the attraction of rodents because there will be food preparation. She asked if the City has any control on the time and the odors in addition to making sure the scraps of foods or preparations are done inside; and because the waste will be discarded in dumpsters, she asked if there is anything to protect the residential areas that may be impacted by this. Mr. Dorling stated he believes there would be some Health Department regulations on the appropriate disposal of foods. Mr. Dorling stated food preparation businesses and catering are currently allowed in the PCC, LI, and CBD-RC zoning districts and he is not aware of any issues that may have arisen where it is currently allowed. Mr. Dorling stated the MIC zone district allows (by reference) the same industrial and service industry uses as those that are allowed in industrial zoning district and references the uses allowed in the Industrial zone district regulations. The City Manager gave direction to Mr. Dorling to have staff look into the concerns expressed by the Commission regarding the control of odors and food waste. Vice Mayor Levinson declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 28-05, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 28-05 on First ReadinglFirst Public Hearing, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes. Said motion passed with a 4 to 0 vote. 10.D. ORDINANCE NO. 25-05 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to Land Development Regulations Section 2.4.4(E), "Expiration of Approvals", to specify that extensions of time granted pursuant to Section 2.4.4(F)( 4) shall not be deemed a previous extension. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 25-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING SECTION 2.4.4(E), "EXPIRATION OF APPROVALS", SUBSECTION 2.4.4(E)(2), "CONDITIONAL USES, SITE PLANS, LANDSCAPING PLANS, ARCHITECTURAL PLANS, PRELIMINARY SUBDIVISION PLATS", AND ORDINANCE NO. 11-05 - 16- 05/03/05 TO PROVIDE THAT EXTENSIONS OF TIME GRANTED PURSUANT TO SECTION 2.4.4(F)( 4) SHALL NOT BE DEEMED TO BE A PREVIOUS EXTENSION PURSUANT TO SECTION 2.4.4(E)(2), PROVIDING FOR APPLICABILITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 25-05 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated on March 15,2005, the City Commission approved an amendment to the LDR's to lengthen the initial time frame to establish a project from 18 months to 24 months. This applies to the properties that have had a site plan extension. This amendment clarifies that the word "extension" would not apply to a development that has had an automatic extension relating to the litigation process where the City is partied to that litigation. At its meeting of April 18, 2005, the Planning and Zoning Board considered the proposed amendment and unanimously recommended approval. Vice Mayor Levinson declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 25-05, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 25-05 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda items. B.A. City Manaeer's reSDonse to Drior DubUc comments and inquiries. With regard to a prior concern expressed by Mr. Augustyn about improving street lights in the La Hacienda neighborhood, the City Manager stated the City has sent a letter to the President of the neighborhood association explaining that while the pole space is adequate, staff will upgrade the lighting lumens from 5,800 to 9,500; however, the City would need a petition from at least the majority of the residents on the street stating that they wish to have this done. The City Manager stated they had - 17 - 05/03/05 submitted an email type transmission to the City that was referred to as a petition; however, it did not have any signatures. Mr. Levinson requested that staff send a standard petition fonn back to these people because he feels it would be fairly easy to generate one. The City Attorney stated this could be done. With regard to several concerns expressed by Mr. Glover regarding the operation of the Pompey Park pool, the City Manager stated Mr. Glover stated he had observed the pool empty with lifeguard staff reading and tanning. The pool has an automated chlorination system that was set to super chlorinate the pool on Friday, April 15, 2005. The pool was also dusted with a strong granular chlorine hand feed directly into the dye well to combat green blooming algae. Chlorine was tested at six parts per million and the staff reads the chlorine levels twice a day (once at opening and at mid- day). These checks are done to ensure the water is safe for the patrons to enter. The decision was made by the head lifeguard not to allow patrons in because of the high chlorine reading. Also, with regard to Mr. Glover's concern about the fees being charged at the pool, the City Manager stated he was told that the fee is nonnally $1.00 and if one wanted to use the pool for free, one can obtain a RecTrac card for children that would allow free admission to the facility. The City Manager stated the reason this cannot be done right now at Pompey Park is because of the slow speed of the computer connection. However, these RecTrac cards will eventually be issued at Pompey Park. The City Manager stated staff recognizes that there has to be a better job of publicizing the cards although staff does infonn children and families that they can obtain RecTrac cards; however, we need to do a much better job of publicizing the fact that they can get free admission to the pool with the RecTrac card. The City Manager stated staff has found that although many of the children in the After School Program are getting RecTrac- cards, the cards are not actually given to the child because of the fear of the cards being lost so they are kept to record the attendance of the children. He suggested that a duplicate card be made or indicate on the card that it is also good for admission to the pool. The City Manager reiterated that staff has some work to do about infonning our residents better about the availability of free admission to the pool with the RecTrac card. H.B. From the Public. H.B.I. Steve Alexander. 3535 Hawatha. Miami. FL. stated he is puzzled over the Agenda and stated Item I.C. (Rules for Public Participation) states that people from the public can speak about Regular Agenda items when extraordinary circumstances or reasons exist; however, he expressed concern that there is no place on the Agenda where the opportunity exists. The City Attorney infonned Mr. Alexander if this is requested at the time the Commission addresses the item on the Agenda, it would be at the discretion of the Commission to determine whether he can speak. - 18- 05/03/05 II.B.2. Lois Bowman. 2943 Sabalwood Court. Delrav Beach. distributed photographs to the Commission of the damage done to her community (Andover) from DelAire. She explained the photographs show the damage done due to vegetation debris along the two communities. Mrs. Bowman stated she came before the Commission previously urging them to put an ordinance in place before this next hurricane season in order to defer the cost of debris removal. She stated this ordinance would make each homeowner or community responsible for cutting back their vegetation prior to the hurricane season and would eliminate some of the costs to the City after hurricane cleanup and there would be less damage. Mrs. Bowman asked what she needs to do to have an ordinance passed. The City Attorney stated she has a draft ordinance that has been finalized but not circulated to any departments so the process is ongoing. One ordinance will include modifications to the City's nuisance ordinance to allow various forms of enforcement and the other is an expanded tree ordinance that has some provisions in it that may be helpful to Mrs. Bowman. I1.B.3. Michael Idoni. 3232 Lowson Boulevard. Delrav Beach. asked how Sherwood Park can get sidewalks for their children so they can enjoy the neighborhood even with the traffic. The City Manager stated he will send Mr. Idoni a copy of the City policy regarding sidewalk installation. II.B.4. Robert Rudoloh. 3319 Lowson Boulevard. Delrav Beach. submitted a series of questions from residents in the 3300 block (including the 3200 block) of Lowson Boulevard regarding the sidewalk issue. I1.B.5. Willie Potts. 634 Amder Drive. Delrav Beach. asked if he can speak on an item this evening that is on the Regular Agenda (Item 9.H.) and inquired if the City will have a meeting with the Task Force. Mr. Potts asked why the City has to hire outside counsel to do the job that the City Attorney is capable of doing. Mr. Levinson stated the public can speak on any agenda item to any Commissioner prior to the City Commission meeting. He stated at the meeting, the Regular Agenda is limited to discussion amongst the Commission. 11.B.6. Alice Finst. 707 Place Tavant. Delrav Beach. stated she recently attended a Site Plan Review and Appearance Board (SPRAB) meeting and because of absences and people having to step down, some items had to be postponed Mrs. Finst stated with regard to the appointments that the Commission propose two alternates to help eliminate the problem of people being absent and having to step down. In addition, she stated it would also provide training opportunities for people who would like to go to the next step (i.e. regular appointment) depending on the discretion of the Commission. She stated this is unfair to all parties concerned not to be able to have their item presented as planned. - 19- 05/03/05 At this point, the Commission moved back to Item 9.D. of the Regular Agenda. 9.D. CULTURAL PLAN PROPOSAL: Consider approval of the new proposal for a cultural plan for the City and provide direction to staff. The City Manager stated the initial price was $68,000 and the new proposal is for a fee of $50,000. He stated the initial thought is that the CRA would pay half the cost and that there would be an effort to secure funding from foundations or other sources. The City Manager stated if the Commission is satisfied with the proposal, then the City Attorney would need to compile it into proper agreement fonnat. Vice Mayor Levinson suggested that the City may want to consider a maximum commitment of $25,000.00 and ask the Community Redevelopment Agency (CRA) for $25,000.00 and hope that both of these can be reduced by contributions from foundations or grants that may be available. Mrs. Archer stated she supports the Cultural Plan proposal and feels the City needs to move forward on this. Mrs. Ellis stated she too is in consensus and asked who spoke to the consultant. The City Manager stated individuals involved in other cultural organizations in addition to Old School Square. Mr. Levinson stated the consultant has met with several individuals in the last year. Mrs. Ellis stated she likes this idea and asked if the Commission is providing any direction as to who actually gets interviewed for developing this Plan. Mr. Levinson stated he feels the City would want to interview as many people as possible. Ms. McCarthy stated this is a wonderful idea and she does not want to see the process held up. She stated she would like to make certain that when we have these types of ideas for things that we want to accomplish that we do not move completely away from RFP's or letters of qualifications being requested. It was the consensus of the Commission to support moving forward with the Cultural Plan proposal and secure funding from the CRA and see if the City can find grant funding or foundation funding and bring back an agreement as soon as possible which would include Commission suggestions as to interviewees. 9.E. REJECTION OF BIDSIPURCHASE A W ARDIBUS SHELTERS PROJECT: Consider rejection of all bids received for the Bus Shelter DesignlBuild Project due to receiving bids out of scale and significantly in excess of the project budget; and provide direction regarding purchasing and installing 47 bus shelters. Richard Hasko, Director of Environmental Services, gave a brief overview of the project and explained that initially the City had a contract with DayTech to perfonn the prefabrication, manufacture, and installation of the bus shelters, etc. They were non-responsive and it took staff approximately one year to discover they filed - 20- 05/03/05 Chapter 11 and were forced to rescind their contract. Mr. Hasko stated staff then re-bid the contract. Two respondents were in excess of $1 million which was significantly over budget. Therefore, staff recommends rejection of the bids. Mr. Hasko stated out of the five firms that that staff solicited, one of them did not respond, one declined to quote and the rest are listed on the spreadsheet. The City Manager stated he recommends taking Tolar Manufacturing Company with all three options because they are the low bidder. He concurs that Enseicom (Option #2) is not aesthetically what staff desires. The City Manager suggested not awarding the installation this evening in order to give staff the opportunity to talk to more contractors about the installation piece. Steve Alexander, City Manager in Dade County and representing Sanchez Arango Construction Company (low bidder of the previous bid that the City had that the City is seeking to reject), stated the City put out bids and now before those bids have been rejected officially they have gone out and created another bidding process and his client was not involved in bidding on that. Mr. Alexander stated the City is dealing with Tolar (the supplier for Sanchez Arango Construction Company) directly and allowing Tolar to change the product which changes the price which changes the assembly without rejecting the first bid. Mr. Alexander stated Sanchez Arango has essentially built every bus shelter and are they most experienced shelter building firm in South Florida. He stated they know what it takes to buy, ship, build, electrify, and to put solar in them and this is where the price came from. Mr. Alexander suggested that the City take the experienced contractor who was the low bid and break it up into two fiscal years. Mrs. Ellis moved to reject all bids received for the Bus Shelter DesignlBuild Project, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarty - Yes. Said motion passed with a 4 to 0 vote. At this point, brief discussion followed between the Commission and staff. Mr. Levinson asked if staff would like to buy the bus shelters directly from the manufacturer and have someone bid on the installation. Mr. Hasko stated he believes that this would be the fastest way to get this done. The City Manager stated the idea was to buy an off the shelf shelter and find someone to install it. Mr. Levinson asked if this has to be re-advertised to insure that anyone who has the opportunity to bid does bid. The City Attorney stated the Commission can declare an emergency and waive the purchasing ordinance (which would require some advertising). She stated this is a rush situation due to grant funds that may lapse. Therefore, the process could be done by quotes if the Commission waives the ordinance. Otherwise, the City would have to go out to bid again. - 21 - 05/03/05 Mr. Levinson inquired about the grant funding. Mr. Hasko stated the City has an extension to November 30, 2005. Mr. Levinson asked if staff can declare an emergency for the purchase of the shelters because of the time and then re-bid since there is 8-10 weeks on the installation. The City Attorney stated staff can advertise the waiver. Ms. McCarthy asked if the bus shelters will have some form of lighting. The City Manager stated that the bus shelters will have lighting. It was the consensus of the Commission to move forward on the waiver to the purchasing ordinance and re-bid the installation of bus shelters. 9.F. REQUEST FOR FUNDING/ATLANTIC HIGH SCHOOL: Consider a request from Kathleen Weigel, Principal of Atlantic High School, to subsidize the athletic insurance fee for 100 students. Funding is available from 001-1111-511-48.10 (General Fund/Special Events). Robert A. Barcinski, Assistant City Manager, stated this is a request from Kathleen Weigel, Principal of Atlantic High School, to help subsidize the athletic insurance fee for approximately 100 students to provide a $30.00 scholarship with the students paying be $20.00 (full cost per student is $50.00). Mr. Barcinski stated the total request is for $3,000.00 and funding is available in the City Commission Special Event account. Staff recommends approval of this request. Mrs. Archer moved to approve the request from Atlantic High School for the City of Delray Beach to provide a $30.00 scholarship to subsidize the athletic insurance costs for 100 students, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. 9.G. AMENDMENT NO. l/LICENSE AGREEMENT /PILGRIM BELLE CRUISES. LLC: Consider approval of Amendment No. I to the license agreement with Pilgrim Belle Cruises, LLC to allow the Pilgrim Belle to continue to vacate the dock from June 1st through September 15th and the City will be allowed to lease the dock space unless the Pilgrim Belle pays the required monthly fee. The City Attorney stated this is an amendment to the agreement. Pilgrim Belle may vacate the dock area from June 1st to September 15th of each year. If Pilgrim Belle vacates the dock area for this time period, the City is allowed to lease the dock space to another charter company during this time. Brief discussion by the Commission followed. Mrs. Archer stated she is in favor of approving this for one year only. The Commission concurred with comments expressed by Mrs. Archer. - 22- 05/03/05 Mrs. Ellis moved to approve Amendment No. I to the license agreement with Pilgrim Belle Cruises, LLC as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.H. APPOINTMENT OF OUTSIDE COUNSEL/STEVENS. BROWN. AND MILLER CLAIMS/CASES: Consider approval of outside counsel, Fred Gelston, Esq., for the Paul Stevens, Antonio Brown, and Jerrod Miller cases. The City Attorney stated the City received claims regarding the Paul Stevens, Antonio Brown, and Jerrod Miller cases. Staff is requesting the appointment of Fred Gelston, Esq., as outside counsel. Mrs. Archer moved to approve the appointment of Fred Gelston, Esq., as outside counsel for the Paul Stevens, Antonio Brown, and Jerrod Miller cases, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes. Said motion passed with a 4 to 0 vote. 9.1. TERMINATION OF LICENSE AGREEMENT~ORLD~DE ENTERTAINMENT. INC.: Consider authorizing staff to tenninate the license agreement with Worldwide Entertainment, Inc. with the City retaining the $50,000.00 security deposit for failure to fulfill the obligations of the agreement for the promotion of concerts at the Delray Stadium. Brian Shutt, Assistant City Attorney, stated the City entered into an agreement with Worldwide Entertainment, Inc. (WE!) for the exclusive use of the stadium to have concerts and events. Staff is requesting direction from the Commission regarding the tennination of the agreement as well as the issue of a $50,000.00 security deposit that was given to the City of Delray Beach from Worldwide Entertainment, Inc. Mr. Shutt stated Worldwide Entertainment, Inc. has expressed that the security deposit was to be forfeited only in the event that they failed to make a required payment to the City regarding an event. The City Manager stated Worldwide Entertainment, Inc. has indicated that they are not able to get the types of acts that they promote. He stated he is very disappointed because WEI is the third biggest promoter in the world and the City expected great things from them. Mrs. Archer moved to tenninate the license agreement with Worldwide Entertainment, Inc. (WE!) with the City of Delray Beach retaining the $50,000.00 security deposit for failure to fulfill the obligations of the agreement for the promotion of concerts at the Delray Beach Stadium, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion to terminate the license agreement passed with a 4 to 0 vote. - 23- 05/03/05 9.J. PROPOSAL FOR SETTLEMENT IN LEVENE v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the total amount of $12,000.00 in Howard and Carole Levene v. City of Delray Beach. Staff recommendation is denial. Brian Shutt, Assistant City Attorney, stated this case arises out of a trip and fall on the Colony Hotel front steps. The Plaintiff sustained some injury and also sued the Colony Hotel. The Plaintiffs wife also has a consortium claim. The proposal for settlement is for $10,000.00 for the plaintiff and $2,000.00 for his wife. Staff recommends denial of the settlement. Mrs. Archer moved to approve the Proposal for Settlement in the Howard and Carole Levene v. City of Delray Beach, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - No; Mrs. Archer - No; Vice Mayor Levinson - No; Ms. McCarthy - No. Said motion to approve the Proposal for Settlement was DENIED with a 4 to 0 vote. 9.K. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board for an unexpired term ending July 31, 2005. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). Ms. McCarthy moved to appoint Paul Seal as a regular member to the Education Board for an unexpired tenn ending July 31, 2005, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis -Yes. Said motion passed with a 4 to 0 vote. 9.L. APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to the Police and Firefighters Retirement System Board of Trustees for a two (2) year tenn ending April 22, 2007. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). Vice Mayor Levinson clarified with the City Attorney that Mr. Glenn Goss is ineligible due to dual office holding. Ms. McCarthy stated she would like to defer her appointment to the next regular meeting of May 17,2005. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: - 24- 05/03/05 12.A. ORDINANCE NO. 29-05: Privately initiated amendment to Land Development Regulations (LDR) Section 4.3.3(AAA)(1)(c) "Adult Gaming Center Requirements", to allow the use of gift certificates, gift cards, credit cards, or other cash substitutes for payouts. Ifpassed, a public hearing will be scheduled for May 17, 2005. The caption of Ordinance No. 29-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.3(AAA), "ADULT GAMING CENTERS" , SUBSECTION 4.3.3(AAA)(I) "DEVELOPMENT STANDARDS FOR ADULT GAMING CENTERS", TO ALLOW THE USE OF GIFT CERTIFICATES, GIFT CARDS, CREDIT CARDS OR OTHER CASH SUBSTITUTES FOR PAYOUTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 29-05 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this is a privately initiated WR amendment being processed by New Hope USA, Inc. to allow the use of gift certificates, gift cards, credit cards or other cash substitutes for payouts at Adult Gaming Centers. This is in conjunction with the proposed text amendment, a conditional use request has been submitted by New Hope USA, Inc. who wishes to establish an Adult Gaming Center within a 1,221 square foot bay at Delray Square Shopping Center Phase II (14570 South Military Trail). At its meeting of October 19, 2004, the City Commission approved an amendment to the LDR's to provide regulations concerning Adult Gaming Facilities after a short moratorium. In that amendment, there was a prohibition of gift certificates, gift cards, credit cards or other cash substitutes specifically included to prohibit abuses associated with redemption of gift certificates or cards for cash or prizes which exceed maximum allowed values. It is noted the applicant's request includes pennitting credit cards or other cash substitutes, which would appear to be a violation of Florida Statutes. At its meeting of April 18, 2005, the Planning and Zoning Board held a public hearing regarding the amendment and after discussion, the Board voted 7-0 to recommend denial of the proposed amendment. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the goals, objectives, and policies of the Comprehensive - 25- 05/03/05 Plan. The proposed amendment does not further specific goals, objectives, and policies of the Comprehensive Plan. Therefore, staff recommends denial of this ordinance. Mrs. Archer moved to approve Ordinance No. 29-05 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Vice Mayor Levinson - No; Ms. McCarthy - No; Mrs. Ellis - No; Mrs. Archer - No. Said motion to approve was DENIED with a 4 to 0 vote. 12.B. ORDINANCE NO. 27-05: An ordinance amending the Code of Ordinances by enacting Chapter 59, "Reclaimed Water", to provide for guidelines regarding the use of reclaimed water and amending Section 52.19, "Vegetation Water Meters", to clarify the use of vegetation water meters versus reclaimed water meters. If passed, a public hearing will be scheduled for May 17,2005. The caption of Ordinance No. 27-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, BY ENACTING CHAPTER 59, "RECLAIMED WATER", TO PROVIDE FOR GUIDELINES REGARDING THE USE OF RECLAIMED WATER; AMENDING SECTION 52.19, "VEGETATION WATER METERS" TO CLARIFY THE USE OF VEGETATION WATER METERS VERSUS RECLAIMED WATER METERS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 27-05 is on file in the City Clerk's office.) Commissioner McCarthy stepped away from the dais. The City Attorney read the caption of the ordinance. Brian Shutt, Assistant City Attorney, stated this is the same ordinance which came before the Commission at their April 12, 2005 Workshop meeting. Staff has modified the definition of "Utility Service Area" to clarify that it is the City's planning area exclusive of the Country Club Acres development located west of Military Trail. In addition, Mr. Shutt stated Section 52.19 has been modified to clarify that if reclaimed water is available then one cannot get a separate water meter from the potable water supply if it is available. Brief discussion between the Commission and staff followed. - 26- 05/03/05 Mrs. Archer moved to approve Ordinance No. 27-05 on FIRST Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes. Said motion passed with a 3 to 0 vote. At this point, Ms. McCarthy returned to the dais. 12.C. ORDINANCE NO. 30-05: An ordinance amending Chapter 35, "Employees Policies and Benefits", Subheading "Retirement Plans", of the City Code of Ordinances, Section 35.089, "Definitions", to revise the definition of "Credited Service" to provide for a member who dies within thirty (30) days prior to attaining five (5) years of credited service. If passed, a public hearing will be scheduled for May 17, 2005. The caption of Ordinance No. 30-05 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.089, "DEFINITIONS", TO REVISE THE DEFINITION OF "CREDITED SERVICE" TO PROVIDE FOR A MEMBER WHO DIES WITHIN THIRTY DAYS PRIOR TO ATTAINING FIVE YEARS OF CREDITED SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 30-05 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. The City Manager stated there is a City employee who is terminally ill and will reach her 5th anniversary on May 15, 2005 and she has a great deal of anxiety that she may not live until May 15, 2005. Therefore, she wants to make sure that her husband receives the pension benefit that he would be entitled to if she lived that long and is able to continue to receive health insurance through the City's group plan. Ms. McCarthy asked if this has ever been done before and inquired about what happens if the length of time changes and if the ordinance will keep changing. The City Attorney stated this ordinance provides a grace period in that five (5) year period. - 27- 05/03/05 The City Manager stated this particular employee has unused sick and vacation time that would get her past May 15th. He explained that if an employee were to resign with two weeks notice they would get that additional time counted toward their pension benefit. However, if an employee dies they do not. Mrs. Ellis moved to approve Ordinance No. 30-05 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy -Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Mana2er The City Manager had no comments or inquiries on non-agenda items. 13.B. City Attornev The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.I. Mrs. Archer Mrs. Archer announced that the President of Aids to Victims of Domestic Abuse (A VDA) Marian Dillon Rabinowitz passed away suddenly from a tragic accident. Therefore, Commissioner Archer is now the new President of the Board for A VDA. 13.C.2. Mrs. Ellis Mrs. Ellis commented about the procedure on public speaking and referred to Item 1.C. under the Rules for Public Participation on the Agenda. Secondly, she stated she enjoyed the FED Cup very much and her dinner. Mrs. Ellis stated she attended her first South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) meeting. 13.C.3. Ms. McCarthv Ms. McCarthy inquired if everyone received the infonnatÎon regarding the benefits of gas chlorination. - 28- 05/03/05 Secondly, she stated the FED Cup celebration was wonderful as well as the events that surrounded it. Ms. McCarthy stated it was the first time she had dinner with Commissioner Ellis and her husband. 13.C.4. Vice Mavor Levinson Mr. Levinson stated there is a memorial fund set up at A VDA for any donations for Marian Dillon. He expressed his sympathies to A VDA. Mr. Levinson expressed concern about the description of the "Code Red" in the News for Neighborhoods and stated it was his understanding that if there is a listed telephone number then, you are already in the system. The City Manager stated the telephone company will not provide this infonnation to the City. Robert Barcinski, Assistant City Manager, stated Bell South will not give electronic infonnation regarding telephone numbers. Mr. Levinson stated he received a request &om someone who plays volleyball and noted that the beach cleaning people have been going over the volleyball courts where the lines had been set and the ropes that are staked down are being ripped out. He stated the volleyball players have to buy new lines because the lines are being dragged away. He urged staff to be sensitive to the fact that it is important for those to be used if they leave the lines there. He asked that this be reiterated to Universal Beach Services. He concurred with comments expressed by Commissioner Ellis and Commissioner McCarthy regarding the FED Cup being spectacular. Lastly, Mr. Levinson stated the Growth Management Act had an amendment which is moving along by Representative Arza which basically reverts control of Comprehensive Plan issues back to the municipalities and emphasized it is critical that the City have this control. He encouraged everyone to send an email to the Legislative Delegation. The City Manager stated this also fixes the annexation issue. There being no further business, Mayor Perlman declared the meeting adjourned at 8:58 p.m. - 29- 05/03/05 City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on May 3, 2005, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. - 30- 05/03/05 SPECIAL MEETING MAY 10, 2005 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, May 10,2005. Roll call showed: Present - Commissioner Patricia Archer Commissioner Rita Ellis Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - City Manager David T. Harden City Attorney Susan A. Ruby and City Clerk Chevelle D. Nubin Deputy City Clerk Janet K. Whipple Mayor Perlman called the meeting to order and announced that it had been called for the purpose of considering the following item: 1. CONTRACT AWARD/CATHERINE STRONG PARK: Consider approval of a contract award for the Catherine Strong Park Project to either Miami Skyline Construction Corp., in the amount of $1,888,926.00 or Rosso Paving & Drainage, Inc., in the amount of $1,980,621.90. The Commission may waive Miami Skyline's bidding errors and excessive mobilization percentage; or consider the bid non-responsive due to irregularities and award to second bidder, Rosso Paving. Funding is available from 380-4150-572-62.59 (2004 G.O. Bond/Catherine Strong Center). Richard Hasko, Environmental Services Director, presented the item and gave an overview of the bids presented by Miami Skyline Construction Corporation and Rosso Paving & Drainage, Inc. Brief discussion followed between the Commission and staff. Mr. Levinson moved to reject Miami Skyline's bid as non-responsive and award contract to Rosso Paving & Drainage, Inc. in the amount of $1,980,621.90 for the Catherine Strong Park Project, seconded by Mrs. Ellis. Upon roll call, the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed 5-0. Mayor Perlman declared the Special Meeting adjourned at 6:10 p.m. City Clerk ArrEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Tuesday, May 10, 2005, which Minutes were formally approved and adopted by the City Commission on May 17, 2005. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 2 May 10, 2005 ~ WHEREAS, the Sister Ory Program was initiated by President Dwight D. Eisenhower in 1956 as an avenue to open communication and a means to promote friendship and understanding between nations and lessen the chance of future world conflicts; and WHEREAS, the relationship between the people of Mfya!(!', Japan, and Delray Beach, Florida, actuallY began at the turn of the century when the Florida East Coast Railwqy helped Jo Sakai establish the Yamato Colony along the railroad near Boca Raton; and WHEREAS, among those earlY settlers was Ge0'l.e Sukeji Morikami, whose hometown was Mfya!(!', Japan, and who later donated his land near Delrqy Beach to the Counry of Palm Beach and which now is home to the Morikami Museum and Japanese Gardens; and WHEREAS, the Sister Ory prouam seroes as a vehicle to bring people of dijJerent geographic areas of the world together. To that end, the Ory of Delrqy Beach, Flon"da and Mfya!(!', Japan established a Sister Ory affiliation in April 1977; and WHEREAS, during the past 28 years our communities have had ciry ojJidais and citizens exchange visits and have established Student and Business Exchange Programs. Delrqy Beach Sister Cities is enthusiasticallY sending its Jòurth Student Exchange delegation to Mfya!(!' on June 10, 2005; and WHEREAS, the relationship between Mfya!(!' and Delrqy Beach brings about a great sense of brotherhood, friendship and amiry between our two great cities. NO~ THEREFORE, 1, JEFF PERLMAN, Mqyor of the Ory of Delrqy Beach, Florida, on behalf of the Ory Commission and citizens of Delrqy Beach, do hereby recognize DANIELLE BIRNEY JESSICA CROWEL RAY FERAN ROUMEN IORDANOV REYNOLD URIAS JULIA YIP and LUKAS JA WORSKI as Student Ambassadors representing both the Ciry ofDeirqy Beach and the Student Body of Atlantic High Schoo/. We send our best wishes for good health and Jòrtune to aJi the citizens, and especiallY the Students, ofMfya!(!', Japan, and extend our hands infn'endship and peace. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the Ory of Delrqy Beach, Florida, to be affixed this 17th dqy of Mqy, 2005. JEFF PERLMAN .MAYOR 19A - Ok c1 WHEREAS, Morikami Park Elementary Hchool has earned the Magnet School of Distinction A ward from the Magnet Schools of America for the second year in a row; and WHEREAS, the International Baccalaureate Magnet Program at Morikami Park Elementary School was selected based on their innovative criteria which includes desegregation and diversity goals, innovative instructional strategies, student achievement, and parent and community involvement; and WHEREAS, the philosophy of the program emphasizes an international education and development of the whole child through a curriculum that is challenging, relevant, engagIng, and offers a comprehensive inquiry-based approach to teaching and learning; and WHEREAS, the students of Morikami Park Elementary School will leave the International Baccalaureate program equipped to face the world with self-reliance, scholarly success, and an understanding of the importance of responsible citizenship. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and the Citizens of Delray Beach, do hereby extend our congratulations to MORIKAMI PARK ELEMENTARY SCHOOL for the hard work of their students who demonstrated their ability to understand the philosophy and importance of an international education which can be attributed to the dedication of the Morikami Park Elementary School Community, including the Principal, staff, parents, and business partners. 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 17th day of May 17, 2005. JEFF PERLMAN MAYOR (P6 - ------- - 01< 01 WHEREAS, on April 20, 2005, S.D. Spady was awarded the Eugene Uram Montessori Distinguished Magnet School of Merit Award; and WHEREAS, the award recognizes the top Montessori school in the United States in memory of Eugene Uram, founding member of Magnet Schools of America; and WHEREAS, the Montessori program has proven to be one of the most successful magnet school strategies used nationally to bring about school improvement, innovation, excellence, and racial integration across the nation; and WHEREAS, the award recognizes S.D. Spady Elementary school's commitment to high academic standards, curriculum innovation, successful desegregation/diversity efforts, and the consistent delivery of quality services to all school stakeholders; and WHEREAS, the entire S.D. Spady Community is excited and proud to be honored for their hard work in achieving this prestigious award. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and the Citizens of Delray Beach, do hereby extend our congratulations to S.D. SPADY ELEMENTARY SCHOOL who have demonstrated their ability to understand and implement the philosophy of the Montessori Magnet program that elevated S.D. Spady Elementary school to be named the Top Montessori School in the United States. IN THE WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 17th day of May, 2005. JEFF PERLMAN MAYOR 19L ~ WHEREAS, Adantic Community High School ranked in the top group of America's Best High Schools; and WHEREAS, Adantic Community High school was ranked 18th out of 27,468 public high schools located throughout United States in Newsweek Magazine's Top 100 High Schools; and WHEREAS, the School District of Palm Beach County has afforded its diverse student population the opportunity to participate in Advanced Placement courses and the International Baccalaureate program has created an environment that fosters high student achievement; and WHEREAS, Newsweek Magazine states that while the ratio that is used to detennine the ranking of the school does not tell the whole story of the school, it is one of the best measures to compare a wide range of students' readiness for higher- level work which is crucial for the postindustrial age; and WHEREAS, the students of Adantic Community High School should be commended for their ability to achieve in Advanced Placement classes, which can be attributed to the dedication of the School District and the high school community including the Principal, staff, parents, and business partners from both the public and private sectors; and WHEREAS, the City of Delray Beach will continue to be a strong partner and supporter of The School District of Palm Beach County and Adantic Community High School in all of its efforts to provide quality education to its students. NOW, THEREFORE, I JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and the Citizens of Delray Beach, do hereby extend our congratulations to A~Com.ttUU'Út)' tl~S~ staff, students, parents, and business partners for their dedication and hard work. IN THE WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of De1ray Beach, Florida, to be affixed this 17th day of May 2005. JEFF PERLMAN MAYOR lotJ DI\ D1 WHEREAS, our De/ray Beach residents and visitors are increasingly utilizing our waters for recreation and relaxation, and as opportunities for on-the-water activities expand yearly, be it known that with growth comes additional responsibility. It is essential that both novice and experienced boaters practice safe boating habits, such as wearing a life jacket, avoiding the abuse of alcohol, having a vessel safety check, and taking a safe boating course; and WHEREAS, on average 700 people die each year in boating-related accidents in the United States; nearly 70% of these are fatalities caused by drowning; and WHEREAS, the vast majority of these accidents are caused by human error or poor judgment and not by the boat, equipment, or environmental factors; and WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets; and WHEREAS, modern life jackets are more comfortable, more attractive, and more wearable than styles of years past and deserve a fresh look by today's boating public; and WHEREAS, the law requires that life jackets be carried for each person on board a boat and we must recognize that hundreds of lives could be saved each year by the wearing of life jackets. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May 21, 2005 through May 27, 2005 as NATIONAL SAFE BOATING WEEK in Delray Beach, Florida, and urge all citizens to support the goals of the National Safe Boating Campaign and U.S. Coast Guard Auxiliary and start the year-round effort to promote safe boating. 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 17th day of May, 2005. JEFF PERLMAN MAYOR 19E Apr 26 05 01:27p p... 1 UNITED STATES COAST GUARD AUXILIARY 'WmeriCa'S DEPARTMENT OF HOMELAND SECURITY . Volunteer The civilian component of the U.S. Coast Guard LifesaverssIA (Autt'lOñzed by Congress in 1939) OFFICE OF THE FLOTILLA COMMANDER FIQtilla 36 3939 N. Ocean Boulevard Boca Raton, Florida 33429 FAX COVER SHEET ~ TO ~~II.¡; '- f-) ",' .J .y Lj...J - 377 'j _.~ FROM /,::"'7 h,(.,oU.A.....-I' ,R/-ðL,G-C.¡"",y P<i"'¡'~'-fL~~r-l' ~<-L<)-,?)..,J (,-,">1 / f -.J , DATE -.J" )~"..rLl~ ~flJ.J -:- ---:J REPLY TO t-/-) 1 Fci(.¡-JI:^y' , NO OF PAGES .3 / V J'~ -' NOTES ¡-.I <\ T"'L.. S:-r"\t' Æ.. ¡; ,]";-;,.1C- L~ f. {'L t />.-<':;.i,JLrn"" 7/.;:: r( Dedicated to promotíng recreational boating safety Apr 26 05 01:27p p.2 :2005 North American Safç Boating Campaign Page lof2 Proclamation A SAMPLE Recreational boating is fun and enjoyable. and we are fortunate that we have Sl PROCLAMATION resources to accommodate the wide vanety of pleasure boating demands. How our wdl~rwdY~ t-all btc.ome crowded at times and be a plaçe of chaos and cont While being a marvelous source of recreation, boating, to the unprepared. can t risky sport, Not knowing or obeying the NavIgation Rules or the nautical "Rules Road" dnnking alcohol or taking drugs while operating a boat. or choosing not 1 your life Jacket when doing so IS clearty not the smart thing to do. are aU exampl human error or a lack of proper Judgment. One partic.ular behavior that can œdt number of boaters who lose their lives by drowning each year by approximately the wearing of a lite Jacket. It IS a simple task that has the potential to reduce tel loss In lives. Knowledge and skills are important in reducing human error and Improving judg people are aware of the risk, they are likely to take the precautionary measures protect themselves and their friends and family. That is why we must continue if spread the messages of boating safety not only dUring National Safe Boating W also throughout the entire year Whereas" on average, 700 people die each year in boating-related accidents if U.S I nearly 70"/0 of these are fatalities caused by drowning, and Whereas. the vast majority of these accidents are caused by human error or pc judgment and not by the boat, eqUipment, or environmental factors; and Whereas, a significant number of boaters who lose their lives by drowning eact would be alive today had they worn their life jackets, and Whereas, modern life jackets are more comfortable, more attractive, and more wearable than styles of years past and deserve a fresh look by tOday's boating I Therefore, I, , do hereby support the goals of tt American Safe 80atll1g CampaIgn and proclaim May 21-27,2005, as National Boating Weel\ and the start of the yeaNound effort to promote safe boating, In Witness Thereof, I urge all those who boat to "Boat Smart. Boat Safe. We. and practice sate boating habits Given under my signature and the seal of lì!t--/IC-\J)rH'1JmC"nt" and Setting<;\Par Feigher) \Deskl0p\NSBW\NSWB2005ProdamatÏons.... 4/:!6/2005 Apr 26 05 01:27p p.3 }005 North Arneri~an Safe Boating Campaign Page 2 of2 ~ at the city of this day of .-' .~ In 2005. tile:/ Ie :\Dücmnenls and St"1t1ng<;\ Par FeÌghC'Ty\Desk1op\N SB\V\NSWB2005ProdarnatioTls.... 4/26/2005 ---- ~ WHEREAS, Code Enforcement Officers provide for the safety, health and welfare of the citizens in this community through the enforcement of building, zoning, housing, animal control, fire safety, environmental and other codes and ordinances; and WHEREAS, Code Enforcement Officers are often not credited for the jobs that they do in improving neighborhoods; and WHEREAS, every day, assisted by support and program staff, they attempt to provide quality customer service to the public for the betterment ofthe community; and WHEREAS, too many times their efforts go unnoticed, even after code compliance has been accomplished due to their efforts and expertise; and WHEREAS, Code Enforcement Officers are dedicated, well-trained, and highly responsible individuals who take their jobs seriously and are proud of their department and the local government within which they serve; and WHEREAS, the Florida Association of Code Enforcement, Inc. (F.A.C.E.) has declared the first week of June to be set aside by local government to honor and recognize their Code Enforcement Officers. NOW, THEREFORE, I, JEFF PERLMAN, MAYOR of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim June 6, 2005 through June 10, 2005 as CODE ENFORCEMENT OFFICERS' APPRECIATION WEEK in Delray Beach, Florida, in accordance with the state-wide observance of the same and encourage all citizens of the City of Delray Beach to join this Commission in expressing appreciation for the dedication and outstanding service provided by the individuals who serve as our Code Enforcement Officers. 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 17th day of May, 2005. JEFF PERLMAN MAYOR é9f - ó/( ttWì WHEREAS, Office Depot has been an active member of the Delray Beach community for over 17 years; and WHEREAS, Office Depot serves the local business community with numerous retail stores and 2,200 employees at their Delray Beach Corporate Headquarters; and WHEREAS, Office Depot's employees have been active supporters of our community through their commitment to the Company's Community Relations Mission of "Caring and Making a Difference"; and WHEREAS, Office Depot's 2nd Annual Hazard Fair will educate the Company's employees about how to prepare for and react to natural disasters in our communtty. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and proclaim FRIDAY, MAY 20,2005 AS OFFICE DEPOT HAZARD FAIR DAY in recognition of the company's commitment to preparing its employees for natural disasters in our great City of Delray Beach. 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 17th day of May, 2005. JEFF PERLMAN MAYOR (¡¿~ - ~ WHEREAS, the National Academy of Elder Law Attorneys is a professional association of attorneys dedicated to improving the availability and delivery of legal services to elder Americans; and WHEREAS, Delray Beach is home to many citizens aged 60 years or older; and WHEREAS, the well-being of our society depends upon, and benefits from, nurture and support shared between the generations, and in recognition of these significant members of our society who share their wisdom and experience, enriching and improving the lives of younger citizens, educating the young in preserving and developing our community and its traditions; and WHEREAS, as Americans grow older, our community strives to meet the legal needs of our older citizens and the people who care for them, which requires special attention and knowledge; and WHEREAS, the month of May has been traditionally proclaimed and observed nationally as "Older Americans Month" and "Law Month". NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the month of May, 2005 as "DELRA Y BEACH ELDER LAW MONTH" and urge all citizens to join us in recognizing the importance of the contributions made to our community by our Senior Citizens and the Elder Law Attorneys dedicated to serving their needs. 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 17th day of May, 2005. JEFF PERLMAN MAYOR lot\ >t"lAY-l0-2005 17:03 LAW OFFICES OF SUSAN KING 5619899982 P.Ol , ~~ Law Offices of Susan M. King, P.A. 2255 GUDES ROAD SUSAN M KlNG 524 S. ANDREWS A VENUE SUlTE 335W LElGH McJllLLAN SUlTE lOIN BOCARAroN, FLORIDA 33431 FT. LAUDERDALE, FLORIDA 33301 TEL: 561-989-0622 Of Counsel TEL: 954-760-7269. F4x:56I-989-9982 NANCY D. WlENER FAX: 954-523-~.lf3 ':: '. ELDERLA WF/ Rll·/@BELLSOUTH.NET FACSIMILE TRANSMITTAL COVER SHEET f'.1AY I 1 ,-- ~ , , Date: Mav 10. 2005 From: Leigh McMillan. Esq.. for Susan M. King. Esq. Total number of Pages, including cover page: 3 The following pages are for: Facsimile number: The Honorable Jeff Perlman Mayor, City of Defray Beach Telephone: (561) 243·7000 COMMENTS Dear Mayor Perlman: Attached please find a request for a proclamation for the obsenrance of National Elder Law Month; the Academy of Florida Elder Law Attorneys is promoting greater awareness of the legal needs of Florida's elder citizens. Thank you. Sincerely, eC~, \À~(L ~ Leig~cMiUan i 2005 . . . c "\ K '" ~ ,.or- ...._~ _, "": c¡ -", v \ \ · '.'''' NOTICE TO RECIPIENT THE IN FORMATlO"J CONTAINED N THIS FACSIMrLE MESSAGE IS A nOR'JI:Y PK.IVfLEGI:D A'JD CONFIDENTIAL I),IFORMATJON INTENDED ONLY FOR THE USE OF THF TNDlVIDUAI.(S) OR ENTITY NA:-'!ED ABOVE IF THE READER OF THIS MESSAGE IS "JOT THE I~TENDED RECIPIENT, OR TI Œ EMPLOYCE ORAGCKT RCSPONSJßLETO DELIVER ITTOTHE ~TENDED RECIP!E~T, YOU ARE HEREBY KOTlFIED THAT ANY DISSE:>UNATJON, DISTRIßUTlON OR COPYING or THIS COMMUNICATION IS STRICTLY PROHIßITED Ir YOU HAVE RECEIVED TI liS COMML'NJCATION IN ERROR, PLEASE 1M tvIEDIATEL Y KOTIFY US BY rELEPHONE. AND RJ: ruR~ THE. ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SER VICE. THAc"JK YOU. - Original not being sent unless otherwise indicated - ------ . r1AY-10-2005 17:04 LAW OFFICES OF SUSAN VING 5519899982 P.02 . . Law Offices of Susan M. King, P.A. One Boca Place Susan M. King The Justice Building 2255 Glades Road Leigh McMillan 524 S. Andrews A venue Suite 335W Suite lOIN Boca Raton, FL 33431 Of Counsel Ft. Lauderdale, FL 33301 Tel: 561-989-0622 Nancy D. Wiener Tel: 954-760-7260 Fax: 561-989-9982 Fax: 954-523-2243 elderJawfi.rm@beUsouth.net PI F -\SF: REPLY To. BOCA RATON May 10, 2005 The Honorable Jeff Perlman, Mayor, Delray Beach 100 NW IS' Avenue Delray Beach, FL 33444 Re' May is National Elder Law Month Dear Mayor Perlman. On behalf of the Academy of Florida Elder Law Attorneys (AFELA) and the National Academy of Elder Law Attorneys (NAEL.A), we cordially invite your town to support National Elder Law Month and enhance publIc awareness by declaring the month of May, 2005, as "DelTay Beach Elder Law 1\1onth." Please consider issuing a proclamation, if you have not already done so, at your next Town Commissioner's meeting or as your schedule permits It is a wonderful opportunity to honor our senior cItizens. A proclamation would serve as an effective endorsement and greatly enhance the potential for cItIzens to participate, as communities across the country celebrate National Elder Law Month during May. Elder La\\' is an area of legal specialty comprismg Estate Planning, Probate, TaxatIOn, Housing, Guardianship, Conservatorship, EntItlement Programs, RetIrement Benefits, Age Discrimination, Elder Abuse and Neglect, Long Term Care Financing, Medical DecIsIOn Making, DisabIlity Planning and Insurance. This month, Elder Law attorneys in south Florida are conducting free programs and public seminars for senior citizens in cooperation with the Florida Bar Association and local voluntary bar associations, Flonda's Department of Elder Affairs, AFELA. the American Association of Retired Persons. the AlzheImer's Association, the Ombudsman '5 Council. and others, in providing resources to promote informative, successful events at senior centers, health care facilities, banks, law schools, social clubs, and libraries. Media has been notified of upcommg events, and has reported news and feature stones In connectIon with this month and the attendant events in the past. If you or members of your "taff have any questions about NatIOnal Elder La\\' Month. please contact me dIrectly at 561-989-0622. Sincerely. ~hì7)1S-- Susan M. KIng, Esquire -------- ---- . MR'r' -10- 2005 17:04 LRW OFFICES OF SUSRN KING 5619899982 P.03 .. ~ . . PROCLAMATION IN OBSERVANCE OF MAY AS ELDER L4W MONTH FOR THE CITY OF DELRAY BEACH, FLORIDA WHEREAS, the City ofDELRA Y BEACH, FLORIDA is home to many citízens aged 60 years or older, and WHEREAS, the well-being of our society depends upon, and benefits from, nurture and support shared between the generations, and in recognition of these significant members of our society who share their wisdom and experience, emlching and improving the Jives of younger citízens. educatmg the young III preserving and deve10ping our community and its tradiÜons; and WHEREAS, as Americans grow older, our community strives to meet the legal needs of our older citizens and the people who care for them, which requires special attention and knowledge; and WHERE4S, the month of May has been traditionally proclaimed and observed nationally as "Older Americans Month" and "La'''' Month;" NOW, THEREFORE, L JEFF PERLMAN, MAYOR of DELRA. Y BEACH. do hereby proclaim MAY, 2005 as "Delray Beach Elder Law Month," and urge all citizens to join in recognizing the importance of the contributions made to our community by our Senior Citizens and the Elder Law Attorneys dedicated to serving their needs. Signed in Delray Beach City Hall. this day of May. 2005 The HONORABLE JEFF PERLMAN MA YOR, DELRA Y BEACH, FLORIDA TOTRL P. 03 - - -- -- - --- . ~ 0011001 05/10/2005 TeE 17:20 FAX . . . Bob and Mary Montgol11ery Ton1 and Joyce Rossin Senator Dave Aronberg BaITY Krischer lV1ichael Edmonson (Host Conmlittee in Progress) Invite you to a complimentary reception with State Senator Rod S111ith - Del110crat Cal1didate for Governor of Florida Saturday May 14,2005 5:30pm-7:30pm Allhe home of Bob and Mar)' Montgomel)' 1800 South Ocean Boulevard Palm Bcach, Florida Please RS"V'P t<) Femand Amandi 305-479-8074 femand(ã¿rodsmi th2 006. com Dm;clÏon:< from J·95: 1-95 10 S0uthem Boulevard. Drive ca.~t on Southern Boulevard TO ~Quth Ocean Boulevard Turn nght onto ~oulh Oce<Ul Boule"arù Conlmu<." on Soulb Ocean Boukvard until you reach 1800 SOUÙl Ocean Boulevard. .Pnhriçal adveITisement p':lld for and appn)\Td by Rod Smllh. Democrat for Govemn! of CITY COMMISSION DOCUMENTATION M TO: THRU: T R OF PLANNING AND ZONING FROM: ORIC PRESERVATION PLANNER SUBJECT: MEETING OF MAY 17, 2005 2005 HISTORIC PRESERVATION MONTH POSTER CONTEST I BACKGROUND I The City of Delray Beach and the Delray Beach Community Redevelopment Agency (CRA) sponsored an annual poster contest to celebrate historic preservation. This year, Preservation Month is recognized as May 1-31 and the theme is "Restore America: Communities at a Crossroads". Delray Beach students between 4th and 1 ih grade were encouraged to design posters which reflect the theme and to utilize the City's historic built resources for inspiration. The Historic Preservation Board reviewed the submittals during their meeting of April 20, 2005 and awarded 1st place to Tyler Ranew (American Heritage), 2nd place to Elizabeth Seminano (American Heritage), and 3rd place to Catherine Dubin (American Heritage). The first place winner will receive an award certificate and a $500 savings bond. Second and third place winners will receive award certificates. The certificates for all three winners will be presented at the City Commission meeting on May 17, 2005. ~ß éf\ t1l-f TO: DAVID T. HARDEN, CITY MANAG ~ " THRU: PAUL DORLlNG, DIRECTOR OF PANING AN ING FROM: NGUYEN TRAN, SENIOR PLANNER SUBJECT: MEETING OF MAY 17, 2005 ***CONSENT AGENDA*** ABANDONMENT OF A PORTION OF THE EAST -WEST ALLEY AND NORTH- SOUTH ALLEY LYING WITHIN BLOCK 77, TOWN OF LINTON (DELRAY) PLAT ASSOCIATED WITH THE WORTHING PLACE DEVELOPMENT. r BACKGROUND I The east-west alleyway in Block 77 extends from S.E. 1st Avenue, on the west, to S.E. 2nd Avenue on the east The north-south alleyway extends from S.E. 1st Street on the south, to the east-west alleyway on the north. The subject alley is made up of four parcels of land, each with their own legal description (see attached map). The alleyway depicted on the map as Parcel A and Parcel B were dedicated with the recordation of the Town of Linton Plat (PB 1, PG 3) in July of 1896. The additional 16' wide east-west alleyway depicted on the map as Parcel C and Parcel D were dedicated by a right-of-way deed dated September 14, 1936 (Deed 533, Page 103). The property has an extensive land use history and the following are the most recent land use actions regarding the subject property. At its meeting of December 13, 1999, the Planning and Zoning Board recommended approval of the abandonment request based upon positive findings with respect to LDR Section 2.4.6(0)(5), Abandonment of public rights-of-ways. At its meeting of January 4, 2000, the City Commission approved the Conditional Use request for Worthing Place included the alley, with a density over 30 units per acre and a building height of up to 60 feet. At its meeting of May 24, 2000, the Site Plan Review and Appearance Board granted site plan approval for a 219-unit, 12,292 square foot mixed use development on the subject property. The Worthing Place - Block 77 Development is being platted concurrent with this abandonment request. The relocation and/or removal of existing utilities have been adequately addressed on the engineering plans and all necessary easements have been provided on the plat. Additional background and a complete analysis of the request are found in the attached Planning and Zoning Board report. I PLANNING AND ZONING BOARD CONSIDERATION I On December 13, 1999, the item was considered by the Planning and Zoning Board. Chairman Bird opened the public hearing and no one from the public spoke. The Board voted 6-0 (Morris abstained) to recommend approval of a portion of the east-west alley and north-south alley lying within Block 77, Town of Linton, based upon positive findings with respect to LDR Section 2.4.6(0)(5). I RECOMMENDED ACTION I Approve the request for the abandonment of a portion of the east-west alley and north-south alley, lying within Block 77, Town of Linton Plat, by adopting the findings of fact and law contained in the Planning and Zoning staff report of December 13, 1999, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth In Section 2.4.6(0)(5), Abandonment of Public Rights-of-Ways of the Land Development Regulations. Attachments: Location Map, Abandonment Resolution, P&Z Staff Report of December 13, 1999 S'\Planmng & Zomng\BOARDS\CITY COMMISSION\Worthing Place Abandonment-Block 77 doc ~A RESOLUTION NO. 30-05 A RESOLUTION OF 1HE GTY COMMISSION OF 1HE GTY OF DELRAY BEAŒI, FLORIDA, VACATING AND ABANDONING A PORTION OF THE EAST- \VEST ALLEY AND NOR1H-SOUIH ALLEY LYING WI1HIN BLOCK 77, TOWN OF LINTON (NOW DELRAY BEAŒI), AS RECORDED IN PLAT BOOK 1, PAGE 3, AS MORE P ARTICULARL Y DESCRIBED IN EXHIBIT "A". WHEREAS, the Gty of Delray Beach, Florida, received an application for abandonment of a portion of the east-west alley and north-south alley lying within Block 77, Town of Linton, as more particularly described in Exhibit" A"; and WHEREAS, said application for abandonment of a general public right-of-way was processed pursuant to Section 2.4.6(0), "Abandonment of Rights-Of-Way", of the Land Development Regulations of the Gty of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(0) (3) (e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on December 13, 1999, and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(0)(5); and WHEREAS, the Gty Commission of the Gty of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the Gty of Delray Beach to vacate and abandon said right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(0)(5). NOW, THEREFORE, BE IT RESOLVED BY THE OTY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby detennined by the Delray Beach Gty Commission to vacate and abandon all right and interest it holds to the following real property for right-of-way putposes only, as more particularly described as follows: See Exhibit "N' - --- PASSED AND ADOPTED in regular session on this the _ day of ,2005. MAYOR ATTEST: Oty Oerk 2 Resolution No. 30-05 - Exhibit "A" DESCRIPTION: THAT PORTION OF THE 16 FOOT ALLEY RIGHT OF WAY LYING SOUTH OF AND ADJACENT TO LOTS 4, 5 AND 6; AND THAT PORTION OF THE 16 FOOT ALLEY RIGHT OF WAY LYING WEST OF AND ADJACENT TO LOTS 13, 14, 15, AND 16; AND THE NORTH 16.0 FEET OF LOT 7; AND THE NORTH 16.0 FEET OF LOT 13; ALL BEING IN BLOCK 77, TOWN OF LINTON (NOW DEL RAY BEACH), ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. - - PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: December 13,1999 .- AGENDA ITEM: V.D. ITEM: Abandonment of a Portion of the EastMJest and North/South Alleyways within Block 77 in Conjunction with the Worthing Place· Development, Located South of E. Atlantic Avenue, Between S.E. 1st Avenue & S.E. 2nd Avenue. . f- W w- > > « « I- a VJ z - N OLD t SCHOOL W /§n ," W fS),J ¡. f>- Z SJ'þif Z f9JSif SOOA~ 98 ~Æ ff9 9-'1/ GENERAL DATA: ATLANTIC AVENUE Owner............................ City of Delray Beach Applicant........................ Block 77 Development Group,' _ '" .., .1 '" ~ L cwo õ õ ÕI õ õ w _. >-J-J-J-J-J....J> Agent.............................. Michael Weiner, Esquire « « Location.......................... South of E. Atlantic Avenue, between S.E. 1 st Avenue & ¡g¡!¿~"( LOT 7 LOT 13 !§JILl!! S.E. 2nd Avenue ~ ~ $) ~ lOT 8 lOT l4 Property Size.................. 0.262 Acre Future Land Use Map...._ Commercial Core LOT 9 LOT 15 Current Zoning................ CBD (Central Business District) Adjacent Zoning....North: CBD LOT 1D LOT 16 East: CBD IffJIl. {Ç'¿{f South: CBD LOT 11 Ã '7 LOT.7 I- a / West: OSSHAD (Old School Square ~ LOT 12 LOT '8 ~ Historic Arts District) & CBO Existing Land Use........... Improved North/South and S.L 1ST ST., EastlWest Alleyways Proposed Land Use........ Abandonment of portions of the alleyways in association with the Worthing Place 1'5;'" ¡V?" f3 , ,W' ~ fEYbLr0. 9' I{' ~ ~ Development. F tJi '" :, :=:! Water Service................. Existing on Site. -"'" ~ Sewer Service................. Existing on Site. '- ~ ~ (:;J L.. '- '- N ~ I ----- I ITEM BEFORE THE BOARD I The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of a portion of the east-west alley and north-south alley lying within Block 77, Town of Linton (Delray) Plat. This right-of-way abandonment is being processed pursuant to LOR Section 2.4.6(0), Abandonment of Rights-of-Way. I BACKGROUND I The east-west alleyway in Block 77 extends from S.E. 1 st Avenue, on the west, to S.E. 2nd Avenue on the east. The north-south alleyway extends from S.E. 1st Street on the south, to the east-west alleyway on the north. The subject alley is actually made up of four parcels of land, each with their own legal description. . Please see the attached "Parcel Descriptions" map. Parcels "A" and lOB" were dedicated with the recordation of the Town of Linton (Oelray) Plat, dated July 29, 1896 (Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida). Parcels "C" and "0" represent the north 16.0 feet of Lots 7 & 13 (respectively), Block 77, of said Town of Linton Plat, and were subsequently dedicated by a right-of-way deed dated September 14, 1936 (according to Oeed 533, Page 103, of the public records of Palm Beach County, Florida). The entire subject abandonment area is currently improved, and functions as both an alleyway and circulation system I parking lot. I ABANDONMENT DESCRIPTION I Parcel A: This portion of the subject alleyway is the east half of the original 16 foot east-west alley, lying directly adjacent to the south lines of Lots 4, 5, and 6 of Block 77. Parcel "A" measures 16' x 143.13', and contains approximately 2,290 sqft. Parcel B: Represents the portion of the 16-foot north-south alley, directly adjacent to the west lines of Lots 13, 14, 15, and 16 of Block 77. Parcel lOB" measures 16' x 298.92', and contains approximately 4,783 sqft. Parcel C: Parcel "C" is the north 16 feet of Lot 7, Block 77. Parcel "C" measures 16' x 135.14 and contains approximately 2,162 sqft. Parcel D: Parcel "0" is the north 16 feet of Lot 13, Block 77. Parcel "0" measures 16' x 135.13 and contains approximately 2,162 sqft. - Planning and Zoning Board Staff Report Block 77 Alleyway Abandonment Page 2 The abandonment request was submitted by the Block 77 Development Group, which were chosen by the Community Redevelopment Agency (CRA) through a Request for Proposal (RFP) process and subsequent contract, to develop a mixed-use project on this block. The proposed project, known as 'Worthing Place", will contain 219 residential units and 12,292 sqft. of retail in a six-story structure. An associated parking garage is to be constructed on the adjacent Block 69, and transferred to the City upon completion. . Please see Reference Maps "Bn & "on for the following section. The Block 77 Development Group currently owns: the south 9.5 feet of Lot 15; Lot 16, the north 50.5 feet of Lot 11; and Lot 10. Through agreements and contract with the CRA they will receive: the south 59.84 feet of Lots 4, 5, and 6; the south 58 feet of Lots 7 & 13; Lot 14; and the north 65.2 feet of Lot 15. The Block 77 Development Group also has Lots 8 and 9 under contract. The total land area of the project, including subject alleyways, is 2.37 acres. The applicant has concurrently submitted for Conditional Use Approval for the intended project. The aggregated parcels will also require site plan and plat approval. According to the aforementioned contract the applicant is to receive the abandoned right-of-way on the closing date. In order to accommodate this condition, the effective date of the abandonment resolution will be the closing date of the contract. I ABANDONMENT ANALYSIS I Pursuant to LDR Section 2.4.6(0)(1), public right-of-way may be abandoned (returned) to the adjacent property to the same degree in which it was originally obtained, i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels. Accordingly, the Applicant is entitled to the entirety of the subject abandonment, as they will be the fee simple owners of all adjacent lots, on the effective date of the abandonment resolution. Improvements in the Allev . Please see Reference Map "en for the following section. Together, Parcels A, C, D, and the portion of Parcel B adjacent to lots 7 & 13, in conjunction with the west half of the platted 16' east-west alley (not part of the abandonment proposal), the south 58 feet of Lots 7 & 13, and the south 59.84 feet of Lots 4, 5, & 6, currently function as both an alleyway (providing access between S.E. 1 st Avenue and S.E. 2nd Avenue, and to the rear of the G.R.I.P. Building), and a public parking lot. According to the aforementioned contract, Section XIII (D)(9) states that the applicant shall execute and deliver a temporary easement to the City for the Planning and Zoning Board Staff Report Block 77 Alleyway Abandonment Page 3 continued, unobstructed use of the existing 63 parking spaces, until such time that the associated parking facility in Block 69 is completed and conveyed to the City of Delray Beach. The north-south alley is paved, and provides access to the rear of all parcels lying south of the east-west alley. Utility Services The Environmental Services Department (ESD) has identified water & sewer facilities in the subject area. ESD has stated that all facilities located in the subject abandonment area will need to be relocated. The Florida Public Utilities Company has identified a 2" natural gas main running through Parcel "A", and a 1.25" natural gas main through Parcel "B". These facilities will need to be relocated. Florida Power & Light (FPL) has identified numerous existing facilities located in the subject area, which include, but not limited to: 40 foot class 5 poles, two (2) phases of primary overhead lines, multiple services drops, street light facilities, and overhead transformers. FPL will require a ten (10) foot easement that centers on the existing distribution facilities, or relocation of facilities. BellSouth and Adelphia Cable have also identified existing utilities in the subject abandonment area, and will require replacement easements or relocation. The City's Fire Department has reviewed the request and has no objection to the abandonment. According to Section XIII (I) of the contract between the CRA and the Applicant: Buyer further acknowledges that Buyer shall be required to provide, at Buyer's expense, such utility easements or replacement easements for the relocated utilities together with temporary easements to the utilities and facilities on the property conveyed hereunder which temporary easements shall be terminated on the relocation of said utilities and the City's receipt of the permanent easements thereby as the City and applicable utilities may reasonably require. Buyer shall be responsible for all costs of relocating and substituting any required utilities. Satisfactory disposition of all utility issues, according to the terms and conditions of the aforementioned contract will be a condition of approval for this abandonment. Planning and Zoning Board Staff Report Block 77 Alleyway Abandonment Page 4 I REQUIRED FINDINGS I Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. Currently, water & sewer mains, Florida Public Utilities, Florida Power & Light, Adelphia Cable and BellSouth services are located within the subject alleyway. As per the terms and conditions of the aforementioned contract, the applicant is responsible to grant replacement easements and/or provide for the relocation of existing utilities. The contract specifically states that the applicant will be responsible for all associated costs of this process. B) That the abandonment does not, nor will not, prevent access to a lot of record. The subject alley will not prevent access to any adjacent parcel, as all affected parcels will be owned by the applicant, and incorporated into the development plan. Primary access to all parcels within Block 77 from S.E. 1st & 2nd Avenues and S.E. 1st Street will not be affected from the proposed abandonment. In addition, parcels not included in the proposal that currently utilize the alleyway for secondary access will maintain this ability via the remaining portion of the alleyways. However, the proposed abandonment will result in the remaining portions of both the east-west alley and the north-south alley becoming dead-ends. The current site plan shows adequate turn-around areas at the interior terminus of each alleyway. The adequate provision of turn-around areas, through the site plan approval, will be a condition of approval for this abandonment. C) That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. As noted above, access will continue to be provided to the parcels on the south end of the block via S.E. 1st & 2nd Avenues, S.E. 1st Street, and the remaining portion of the north-south alley. The GRIP Building will retain their present access to the rear of their building from S.E. 1st Avenue and the remaining portion of the east-west alley. Adequate turn around will be provided at the terminus of each alley. All utilities currently located in the subject alley will be relocated so that they will provide the same or better services to the adjacent lots. This will be a condition of approval for this abandonment. Planning and Zoning Board Staff Report Block 77 Alleyway Abandonment Page 5 I REVIEW BY OTHERS I The development proposal is within the geographical area requiring review by the CRA (Community Redevelopment Agency), and the DDA (Downtown Development Authority). The CRA considered the Worthing Place mixed-use development at its October 28th meeting, and recommended approval. The DDA also recommended approval after reviewing the development proposal at the October 20th meeting. The development proposal is not within a geographical area requiring review by the HPB (Historic Preservation Board). Courtesy Notices: In conjunction with the concurrent conditional use request, numerous courtesy notices were provided to homeowner associations and other groups. A complete list of recipients can be referenced in the conditional use file. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. I ASSESSMENT I By abandoning this area to private interests, the City is fostering growth and the redevelopment of the downtown. As the purpose of the abandonment is to incorporate the vacated area with the adjacent parcels in an overall mixed-use development plan, surrounding business owners will benefit from the increased customer base. The abandonment will not prevent access to adjacent lots of record. Disposition of existing utility services located within subject area must be addressed as per the terms and conditions of the contract between the applicant and the CRA. Utility services will also be addressed with the site plan and plat submittals. Inclusion of adequate turnarounds for the remaining portions of the alleyway system must be addressed in the site plan. Planning and Zoning Board Staff Report Block 77 Alleyway Abandonment Page 6 I ALTERNATIVE ACTIONS I 1. Continue with direction. 2. Recommend to the City Commission approval of the abandonment subject to positive findings with respect to LDR Section 2.4.6(0)(5). 3. Recommend to the City Commission denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5). I RECOMMENDED ACTION I By motion, recommend to the City Commission approval of the abandonment of a portion the east-west alley and north-south alley lying within Block 77, Town of Linton (Delray) Plat, based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachments: · Location Map · Block 77 Reference Map · Block 77 Parcel Descriptions Map · Reduced Survey File: S:\Planning&Zoning\Boards\P&Z\Block77 Aban.doc A lLANTIC AVENUE ------1 I --- - I I I I I I I I I I I I I I -1 I I J I I 5 I I ¡ I 12 I I 4 I I 6 I I I I I I I I I I I I I I I I Iw wi 1- > > \ -« « I I I I I en I If-- 8 ....J 14 I lLJ (J 0 Q:: I (/j <( Z I ------- - -- Q. - - --- ---- - ~ 0J I I I -~ - -1- 1 15 I I I . --------_. luj . I w !v) 10 16 (.f) I I I I --_.- --- - _.--- - -- I I 1 1 17 I I I I - ------- - -------. I I 1 " 78 I I IL I __ _ _ -1 L______ __ S.E. 1ST ST. N BLOCK 77 - OlY or OELRA Y BEACH. FL PARCEL DESCRIPTIONS PLANNING & ZONING OEPARTUENT -- DIGITAL BASE: MAP SYSTE:M -- , , ~ LOT 4 LOT 5 LOT 6 I I ' :'~I 0/ I I / ~ . . ¡:;.: B LaC K 7 7 .' : t.., ., I "·C. I ~. ~ -, UH .'" f ¡; ~ H I L " , lO.IJ' .._vrr I (:~, ~ ~ r " 0 't-... / ,- I ,..~ /....~\ Z, H_ --o('~ _ '::C;;"'\j P;.A~';£Z "'~Cr k/:;HT or WAyJ _.. '---/ 16- Pl..ArTCD A.LL£r RJCn, or nAyJ .~ C ¡ ,J = \ . C ·7.35 ¡¿ ;"'vrr . _.. 'N" ... .:'~CD .. <". "'r ~ : o ~.~, '::t:",'::'..,J ") . ~ t..,1 ~ ,-c ,~"',S< ¡¡ ::::) 'CCWa1t.IlJ' t ~ D5~~~ , ~. "-"<.....V ~ '<;:1 ./ \ -- I ~t I ~ .. £ ~ ...., (, M C ~I _7 vi LOI LOT 13 BLOCY 77 BLOCK 77 (,.u f o .,.... ,.......W" uJ;"i!k../ o I ~ , ..,.~ ~-" to I ::::: ,--' ............. .II' __::> I c:.g ~ -lfl I ~ ~ ~ 8 , I o !: I " " ~ 0/' ¡ o ::.ð ~ ~ I ~~ ~ c,,:" -.!~ u _..... c:! -\:) I ~~ a>c ....., ~-.J (t,.-..A-) \ ... Q) I ~ I Q !~ ": ! ~J' --- ~i I I " ~ " 0" ~" - ,,- " u " ~g 1~ ë;g -:'ö3 .. -~./ /- ~-- ~,:"'l ". =.:5.t'Þ'-A' I ~. ~SU"'~ __ , -- " " -" ~" " :>:: kG '::;::0 aa v~ -~ -:~ ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # cgß - REGULAR MEETING OF MAY 17. 2005 FINAL PLAT APPROVAL/WORTHING PLACE BLOCK 69 DATE: MAY 13, 2005 This is before the Commission to approve the final boundary plat for Worthing Place Block 69. The property is a replat of Lots 20, 21, and 22, subdivision of Block 69, located on the west side of S.E. 1"t Avenue between Adantic Avenue and S.E. 1st Street. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final boundary plat for Worthing Place Block 69. S:\City Clerk\agenda memos\Final Plat Wortlung Place Block 69 051705 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden, City Manager FROM: Jill Skaggs, PE ~ DATE: May 9, 2005 SUBJECT: Worthing Place Block 69 Plat Agenda Request The attached agenda request is for Commission approval of the Worthing Place Block 69 Plat. This property is a replat of all of Lots 20, 21 and 22, subdivision of Block 69, according to the plat thereof, as recorded in Plat Book 2, Page 43 of the public records of Palm Beach County, Florida, said lands lying in Section 16, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. This is a Final Boundary Plat processed as a minor subdivision; therefore, no additional approvals were required. This property is located on the west side of S.E. 1 sl Avenue, between Atlantic Avenue and S.E. 1 sl Street. Enclosed are a location map and a reduced copy of the plat. If this meets with your approval, please place it on the May 17, 2005 Commission Agenda for approval. Thanks! enc cc Richard Hasko Joe Safford City Clerk T AC file S:IEngAdmmlTACIWorthmg Place Block 69\2005 May 17 agenda memo. doc · ___ -~¡-- t- ~ ¡ \ ;..-- _.-,~ -- ~- .-- ¡ --- '- -----' !.._-- .- ':>! -- --;:- --, r-- --- .¡ i i - ':. -- -:1 \-_=-._-~i --' ~ ~- ---- ,- ~ c_',u~iH,~,t,~~ _ ._ _ __ ,; '; i z: I : I r F , , , frr I A T LAN TIC A V E N U E L........._. - JiL, . L __m, , rT----r-î '-ìTT'-;~) ,...,- i! i , " '" I ' I I ' i I ~,,__,~ I _,-- -1 _I'~~ 11~e=:'U I : · ,. I i__ ---- ==- i " - ê j [ - ; ¡____J ~~--- 0"' -. - U ,- ' I .., ~ ¡ +_ "." ' {=:f ".'~C- ..u', -i--il~w-_~ Cl) I I l..--.-- --. > i- -.- :§ __ I t-- n« ~----: « L- 0...' l------' 0-- ~ I _ .- ~, . I I ' If) ; ,If) o ----j i ;.-_-' l I :1 1"'- u I I --1 ~------ I . t--""""""-'" ¡ i ' -. ,T -- '-, --- -'>~-' . -- 2Ç[; ~ ' I~_~ ~ j o . . i ---1 -- -'-' ( ~ i 'I' .-"- o .__,_ ,__." ~ ~f .--- --, ,- -0 -~ i-- .-- - --. r--- . r- t -- -- --1 - --" - I 01 .__ - -1----- -- < <.0 I 6 ..' r= ____~--.:..:... ,-u-- ~ '_ o. .__ L w -- Si .' . ---- . -- - -..,. ._~ i '- ,~:_- ";=-\!~r~f o :-- !,Ir--j t- '¡:::I ~ ~~I-= c-.::o::: i ',_uu : _:~~~~. 'nu~__ ,f-=j8~~~1~1, ~ CITY of DELRA Y BEACH WORTHING PLACE BLOCK 69 DATE OS/Oô/200S g, ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP .œl1lNGPlAŒil.0CK69,n .';;!- 434 SOUTH SWINTON AVENUE, DELRAY BEACH, R..ORIDA 33444 2005-200 1 of 1 en ! I ~~ r I- -- A iii ~~ J~~~ ~~uE':'~I~ ~ ~. ~ ~ . == I ' ' .., r,;ll!lll '1'11:1 II - i ~ _ I III¡II.~L!,' I. i ~__-::.=__u_ · 111!!dl :;;~I~I~~~~~I 'I ,,___~__ ..;;=--, ! 1,1 :u;:J~ Ito!1i'i1!1 I 'i\'--""--'-! I' !!!il"~ I'~r:l!íitl! ~& !Ii.: , '. \'" Ed I Ii ,~, ¡~~ III !í~ 2i ~h æ~ '" \ \ Ii I. .' I !If . " ~~ \ ~ ¡g "' \ - \ "" \ ; , I ~. £-.;;;;;~-,~~'. j ~- \ ~ _ ~ ___,,___-' ; 0 ~ .~ _ i'" ~ ·I~~ !III' I ~!""í tw, 101' .¡. t;;j ~ ' . ¡-ä<t -"""'" _ =1 ,L"'" ~ ~ ~~~ /' "1 !~ Þ-..I 1:1" \J , il I. '1' 'I s: I ~ II I ~g Ii! l!iU=11 !!I' !;.~ i! ¡~il II II nillìil" i~ni 1!~;li Ili¡ ¡mmn I~¡ III II;I!I ¡I,! t2j I . ¡ . ,.' -I ~ .¡ "I~i¡lil ~~. ¡ i ""hi ..~ Ii ' j ! ! : !:~lil ~~i !~ l:i~I'ïjl ¡: ¡II ¡Iii ;;. ~ . ,', I .!.li.1 I ~I II 1,1 "i II "i "'1 .~ L ~ Ol~ I I Ii! !! 1!5!!11' ' II .II! ¡II~¡I~¡! i! Ii! ¡II!!! ~!Q ,C ' .",.11 ,. I "'II I cii· ~ i~ ~ :; ~ O . ':!~Ii¡ III!! I !I!:i,! I Iii !¡II ¡ .I. .,II·!" ....' I' ~ 'I ø i fll ~ ""'" ill! · "1,11 P I¡¡I' .!:I~< I ~ !I!~ ~ 'i' . . ' .' ' :", 1'1, 'OW . . ¡. O ~ I~!IIIIII ' II . ¡ S~~ I i !!I!i.!i !¡!¡i I !11!1iJ!r !!e I 1~5f Ir~1 !rId I I ih~S l~1 O ~IJI~~51 ã!U~ I~ ¡~it ~! .~~~ .I~ ~~I IIEI~~ ! Ii ~i~~III!'s !I' liil, ¡!:¡I!ii I M~ ;11 ~ i ~~ill ~iillll· O '!¡II! ¡ II' ¡Ii "Ii !li,I!!! ¡ i I I,~!.; d;! j, .Illh! : ~ J 1.11 !h~&I~ ~ Jill I~II~ , I I ¡I.I B ~J il i~~III!! I.. IIII .~ - ... II 1~~I¡i ~ I ~~1;; Date: ~1av 9, 2005 AGENDA ITEM NUMBER: ~ 0 AGENDA REQUEST Request to be placed on: --2L Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: May 17, 2005 Description of Agenda Item (who, what, where, how much): ThIS CommisslOn request for Commission approval of the Worthing Place Block 69 Plat. This property IS a replat of all of lots 20, 21 and 22, subdlVision of Block 69, according to the plat thereof, as recorded in Plat Book 2, Page 43 of the public records of Palm Beach County, Florida, said lands lying III Section 16, TownshIp 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Flonda. This is a Final Boundary Plat processes as a minor subdivision; therefore, no additional approvals were required. This property is located on the west side of S.B. 1st Avenue, between Atlantic Avenue and S.B. pt Street. Staff Recommendation: Approval ~ Department Head Signature: ( - <c ~ ,~ f. lO. OS City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes I No Initials: N.A. Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: (fjl No Initials: f1l/) Hold Until: Agenda Coordinator Review: Received: S.\EngAdmm\TAC\Worthmg Place Block 69\2005 May 17 agenda. doc ---~- ~ MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CI1Y MANAGER SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF MAY 17, 2005 FINAL PLAT APPROVAL/WORTHING PLACE BLOCK 77 PLAT DATE: MAY 13,2005 This is before the Commission to approve the final boundary plat for Worthing Place Block 77. The property is a replat of Lots 7, 8, 9, 10, 13, 14, 15, and 16; together with a portion of Lots 4, 5, 6, 11, and the abandoned 16 foot alley right-of-way, all lying in Block 77, Town of Linton (Dekay). All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final boundary plat for Worthing Place Block 77. S.\Clty Clerk\agenda mernos\Fmal Plat wortlung Place Block 77 051705 City Of Delray Beach Department of Environmental Sen'ices M E M 0 R A N D U M TO: David T. Harden, City Manager FROM: Jill Skaggs, PE 9:/J DATE: May 6, 2005 SUBJECT: Worthing Place Block 77 Plat Agenda Request The attached agenda request is for Commission approval of the the Worthing Place Block 77 Plat. This property is a replat of all of lots 7, 8, 9, 10, 13, 14, 15 and 16; together with a portion of lots 4, 5, 6, 11 and the abandoned 16 foot alley right-of-way, all lying in Block 77, Town of Linton (now Delray Beach), according to the plat thereof as recorded in Plat Book 1, Page 3 of the public records of Palm Beach County Florida. Said lands lying in Section 16, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. This is a Final Boundary Plat processed as a minor subdivision; therefore, no additional approvals were required. This property is located between S.E. 1st and S.E. 2nd Avenue and Atlantic Avenue and S. E 15t Street. Enclosed are a location map and a reduced copy of the plat. If this meets with your approval, please place it on the May 17, 2005 Commission Agenda for approval. Thanks! enc cc Richard Hasko Joe Safford City Clerk T AC file S IEngAdmmlTACIWorthmg Place - (Block 77)12005 May 17 agenda memo doc .if ---- ,l._ _ < ........._ .--:~ ï- - --~ - ¿" - -- f--- -, , -- ~ '<. ..:. ! '.. ~u-! ~-¡¡~ ~J~;~~f~- __ _ _ ~__ __ - - _~ L I' l " ___.J \.._ ~M.J _.J \..__ :~' i (- --.l?~_ ---- i/ ~ _--t--j~-=-:~- J;~ ~~ ~I ¡ : I !~r - -f-~-~L__ 'l 'r---~ ' -' ¡ ¡-- --.-- , - .L -¡ . I 'f=l~L=-~f:-=~~~C _ _ _j ! L-- I --~ I ! ' -r-;'2~~~ -l ! 112J-~- A T LAN TIC A --V--Li ---~j ,! i [ --:- -, (--r-- -~~ I ¡ ¡ J , ,. ~L _1 --- -- - ! S· . IT:' E. .-- . F~:_ ; . ! - --- - >-.. - -j ! ~---_. . --- ] -;1 ,i "-...-------,~¡~=- -1:~~-' ,I I 1-- o ' ;----- -! ! ~ . E . ,--- S E--·--~ST ST '- .-~; ~ i ~ i . -~--- I: -r -T-T -, ,---- ¡- ---I ./- en I I i I. W , ---~ 0 i ~ ¡ '~'.~~~.~_: i 1--.. :z ',_~~~i -¡~___ ¡ - L:-':--1,1: ~ _(~i:[J=¡~, -\~ 5- CT S E 2'\~:· o 1· ! I ~ Q) . ¡ z ~- -- o ., ~-- o _._ ,--. ¡ :~ .~ . I_~-=: j ,- ~f-=_ i . ! z ~ '.~ i- ; .-...::---. 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I ~t.niii 'hj!'~i ~ilgU ~ í: I\> ~ II~i;f I- ~Ii fi ~ q"'. 1"1 - -I ~ I ;~f,oi···. II ·1' I ~ I 0- I\> . Date: May 6. 2005 AGENDA ITEM NUMBER: ~ 0 AGENDA REQUEST Request to be placed on: -LConsent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: May 17, 2005 Description of Agenda Item (who, what, where, how much): ThIS CommIssion agenda request IS for CommIssIOn approval of the Worthmg Place Block 77 Plat. This property IS a replat of all oflots 7.8,9, 10, 13, 14, 15 and 16; together wIth a pOl,tion oflots 4.5,6, 11 and the abandoned 16 foot alley right"of"way, alllymg m Block 77, Town of Lmton (now Delray Beach), according to the plat thereof as recorded in Plat Book 1, Page 3 of the public records of Palm Beach County FlorIda. SaId lands lymg in Section 16, TownshIp 46 South, Range 43 East, CIty of Delray Beach, Palm Beach County, Flonda. ThIs IS a Fmal Boundary Plat processed as a minor subdivisIOn; therefore, no addItional approvals were reqUlred. ThIs property IS located between S.E. 1st and S E. 2nd Avenue and Atlantic Avenue and S.E. 1"t Street. Staff Recommendation: APprovall_ Department Head SIgnature: G ~ >~ .{ (0. oS City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: N.A. Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: @/ No Initials: tft1 Hold Until: Agenda Coordinator Review: Received: S:\EngAdmm\TAC\\Vorthing Place" (Block 77)\200ó l'vfay 17 agenda.doc ----- -- --~ -- - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER óJí1 SUBJECT: AGENDA ITEM # ~~ - REGULAR MEETING OF MAY 17.2005 RESOLUTION NO. 28-05 DATE: MAY 13, 2005 This is a resolution assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 217 NE 10th Street. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessment remains unpaid. Recommend approval of Resolution No. 28-05. Agmemo.BOARDUP.Res.No.28-0S.doc RESOLUTION NO. 28-05 ! 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 RESOLUTION, 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 demolished from the I 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 ci ty 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) indicated 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 2 Res. No.28-05 · .' the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. 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 (8%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and I upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this day of , 2005. MAYOR ATTEST: City Clerk 3 Res. No.28-05 CITY OF DELRA Y BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: LUTERS DE SARME AND CHRISHAINE ANCENE MAILING ADDRESS: 217 NE 10th Street, Delray Beach, Florida 33444 110 SW 9th Street, Delray Beach, Florida 33444 PROPERTY ADDRESS: 217 NE 10TH STREET, DELRAY BEACH LEGAL DESCRIPTION: LOT 24, BLOCK 8, DELL PARK, PLAT BOOK 8, PAGE 56 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FL. You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $1.052.77 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 2005 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 March 10. 2005 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 of Construction Appeals. 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 Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by 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 Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on January 19. 2005 at a cost of $1.052.77 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. 4 Res. No.28-05 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 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 COMMISSION City Clerk 5 Res. No.28-05 -- -- ----- - ---- - --- --- - - -~- --- - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJ/1/1 SUBJECT: AGENDA ITEM # 8~ - REGULAR MEETING OF MAY 17,2005 RESOLUTION NO. 29-05 DATE: MAY 13, 2005 This is a resolution assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 103 NW 300 Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessment remains unpaid. Recommend approval of Resolution No. 29-05. Agmemo.BOARDUP Res No 29-0S.doc RESOLUTION NO. 29-05 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 RESOLUTION, 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 I has, pursuant to Article 7.8 of the Land Development Regulations, declared I 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 bui lding 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 demolished 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 Ci ty of Delray i 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.ê 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 I 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) indicated 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. I Section 3. That the City Clerk of the City of Delray Beach is I 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 2 Res. No. 29-05 I the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. 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 (8% ) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30 ) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this day of , 2005. MAYOR ATTEST: City Clerk 3 Res. No. 29-05 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: GERTRUDE R. CARTER MAILING ADDRESS: 211 NW 15TH AVENUE DELRA Y BEACH, FL 33444 PROPERTY ADDRESS: 103 NW 3rd AVENUE LEGAL DESCRIPTION: Wl00' OF LOT 8, BLOCK 43, TOWN OF LINTON ACCORDING TO PLAT BOOK 1, PAGE 3 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FL You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $2.376.46 by resolution of the City Commission of the City of Del ray Beach, Florida, dated , 2005 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 April 18. 2005 that the Chief Building official had detennined 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 of Construction Appeals. You were infonned 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 Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by 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 Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on April 5. 2005 at a cost of $2.3765.46 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 4 Res. No. 29-05 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 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 COMMISSION City Clerk 5 Res. No. 29-05 . ~ . [IT' DF DELRA' BEA[H CITY ATTORNEY'S OFFICE 200 NW J 5t AVENUE' DELRAY BEACH. FLORIDA 33444 TELEPHONE 5611243-7090' FACSIMILE 561/278-4755 DELRA Y BEACH Wnter's DIrect Lme 561/243-7091 f l 0 . I D A ........ Aß.Amerlca City MEMORANDUM ~IIE DATE: May 10, 2005 TO: City Commission David Harden, City Manager Q....; ----.:::;=;:;. FROM: Brian Shutt, Assistant City Attorney SUBJECT: Acceptance of Easement Deed The following easement deed provides a 4.5' wide by 30' long easement, adjacent to northbound Federal Highway, to be used for the installation of a bus shelter. The easement deed is part of the development approval of the Delray Inn project located along North Federal Highway. Our office requests that this item be placed on the May 17, 2005 City Commission agenda for acceptance. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Randal Krejcarek, City Engineer 2S~ - -- - ----- 5812784755 CITY þ., TTORNEV ¡g¡ 002/003 . 04t11/2005 08 37 FAX , -' " Prepared by: RETURN: It Brian Shutt, Esq. City Attomcy's Office 200N.W.1stAvenuc Deny Beacl1, Florida 33444 EASEMENT DEED Tms INDENTURE. made this .9:!::.. day of M Q'1 . 200~ by and between 1:}A-o\d ~.:r ðY1q S ,with a mailing address of ~9ì ÙG .~+t... A~nvJ.. , party of the f1I'St part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N,W. 1st Avenue, Delray Beach, Florida 33444, a munícipaJ corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, fOT and in consideration of the mutual promises herein contained and other good and valuable considerations. does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and pe¡petual easement for the purpose of the construction and maintenance of a bus shelter with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such bus shelter well under, across) through and upon, over, under or within the following described property located in PalIn Beach County, Florida, to-wit: DESCRJPTION See Exhibit "N' Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes ofthe easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reserYations of record. That the party of the first part agrees to provide for the release or subordination 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 completion of such construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. 1 IaJ 003/003 P4(11/2005 08 37 FAX 5612784155 CITY ATTORNEV ( party of the tirst 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 right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1: P~TPART ~~ B~ ~U-SOf\ ~1,,^-f'''o.S _ ~'t~~~ (name printed or typed) ~~ ~ ,~e....-. ~~r (name printed OT typed) STATE OF FI ~dc.. COUNTY OF fC7t)c- ßeud.- The foregoing instrument was acknowledged before me this ~ day of M fi~ ,200,1'by ¡..Jar-old 1\11 . 'j"OY'lo$" (name of officer or agent), of D:: Inl\'1 'Tt"r'1 IT nC' . _ (name of ~orporation), a r= I Q"i cJ 4. (State or place of ìncoYporation) corporation, on behalf of the corporation. He/She is pc;c:SQmdly known to me or has produced r: } III. 'Oovt--> \ L. LA. r>CA- (type of identifi~ation) as identification and did/did nottakeanoatb. *J"Slo...3ç3-~ý· 1./''1.0-0 FI... ff7Ct:> I}- ~O-Z.OIQ C evlej . ~íi- J ~~ ~d Signature of Notary Públ - State of FI a...) tis. (SEAL) ~,..,,'I' 8úð I"'O~ ~ CATJ.¡ERINE INGLESE .... 'C.r;r0 r; :. ~ COMMISSION NUMBER ~ S 00135747 ((' OF \.0Q: MYCOMMISSIONE)(pIRES F JUL Y 22,2006 2 In ~~; .i- J I I~ l I I , -, , - ~...:. ,L: .... . ""~: ':..:' I .CLT. . ..'9¡ '" , " -: &P, , .;·U ::::~. ~ 2: l .. 2 .. - "'I .£'~ I 0 I!~ è ~ - 0 :.. 0 DIii J Efi$ ~IJ ~r "U ¡:am II,!D 10"0 I I I I I"' I i'š ~il ... °ro;n ~... . '" .S'¡'t ... ¡:¡ ",,:!I\li p(A .... , ... ¡ I!I~ ..p i.! , :.z , ~~ , ~ , :I~ , I~ I , , §§ , , ~Iiii ~~ S , I! ",,, i ~§ I~ ",0 I , , , , II: J , ~ 5'5 I ..~ ...,... _ NI_ !;¡ ;II;;¡ :I II : ~~ª :8 : I ",J ~;~ " ~ ~~ . J -----~~---f ç _ _ _ _ _ -.--E_ -4- _.. ='~~1~.~· ~D... w) _ _ _ __ E!, .. -----¡ (10- A$PIW.T +/-) ~ -I ~~~ I ~¡i I .... 0 Ji ~ i ~im >I~~'~§ ~ r · ,. · ~ I ~ I ~g~a ~ :i! ~j- i ~ I'" ¡;; ~ ~ ~I '" d ~~~d §~;~~..~5 ?ñ _ ~i ~ i .:.. I '"i~ P ~i~n¡i~::ii I Ii n¡ I ~! ~ 0 ¡z IJ . Î ° ~. ~~f~;' ~ ~I ~ !. HI t:x:I ~ ~ ga.... ~ 8~~6~ ~¡ ~ ~ ~ ~ i:i 0 ~!!~ : i ~~sl ~i h~J' ~~ g I å ~ S ~ '<~CD § '" ~! ~ Z§~ n ~~~Di~ · ~ ~ ~;~ Q. Š ~ '" ~~~~ ~~å i~ ~ ! I i g M !" CD SÞ "' ~ ~I~ ~~~;~g:! ~ § ~ ~ i i1=ï ~ ~ ~i s: ä' ¡ ~Ift ~'~i ~- ~ , c b ~!; ~ ~ i!!~ ,,~ n ." ~ ñ-t<==- ! ~ i ~,¡~~~~ ~ i i ~ ¡'u~' l .. I'D IT ~ t:I ~ ~~~~ nø! ' 'J' ~i ~'~îi' . !.. r?¡~ "1.8 I Iii ~ iII;II; i ..""'" ~ 0 z ~ ~ x III ~ ?¿ ~ ~i5m~~i ~ ~ s§ ~ fit ¡.. .!..I!jtl! (I C ~~ ~ !' ~ . !iI~z "EI~ ~¡!i! '" - ~ ....Æ~ 0 a' i ~ ~ ~ U ~~ ~ ~ ~ iiI ~ =~ ~ Q ~ ~ ~ ~à z~ ~ ... . .. G''''''~~a. I A" ~ . . . . [ÎTV DF DELIAV BEA[H CITY ATTORNEY'S OFFICE 200 NW 1 st AVENUE· DELRAY BEACH. FLORIDA 33444 TELEPHONE 561/243-7090' FACSIMILE 561/278-4755 DELRA Y BEACH Writer's Direct Line' 561/243-7091 F l 0 . I D A b.fIrd AJl.Amerlca City ~n I J!' MEMORANDUM DATE: May 11, 2005 TO: City Commission David Harden, City Manager ~~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Consent to AssiQnment of Contract from Lawson. Noble & Webb. Inc. to Arcadis G & M. Inc. The City entered into an agreement with Lawson, Noble & Webb, Inc. on April 28, 2004 for general consulting engineering services. The agreement provides that prior to any assignment of this agreement each party must obtain the other party's written consent. Lawson, Noble & Webb, Inc. has requested, see attached letter, that the City allow the assignment of the agreement to Arcadis G & M, Inc.. Arcadis merged with Lawson, Noble & Webb on August 18, 2003 and Lawson, Noble & Webb now requests that the agreement be assigned to Arcadis. Richard Hasko, Director of Environmental Services, does not have an objection to this request. Our office requests that this item be placed on the May 17, 2005 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Richard Hasko, Director of Environmental Services ~~ LN\\' . - . . . . . . . - .-. May 2, 2005 Lawson, Noble & Webb, Inc. .""INIiIiR. · P "ANNER. . S URVI!YORa SBtting the standard...Leading the Way.... City of Delray Beach 200 NW 1 sr Avenue Delray Beach, FI. 33444 VIA FACSIMILE: 561-278-4755 Attn: Mr. Brian Shutt RE: Assignment of Lawson, Noble & Webb, Inc. Annual Contract for General Consulting Engineering Services to ARCADIS G & M, Inc. Dear Mr. Shutt, Per our discussion, the firm of Lawson, Noble & Webb, Inc. merged with the finD. of ARCADIS G & M. Inc. August 18,2003. By June 30. 2005 we will be changing the name of the finn to ARCADIS G & M, Inc. and are requesting that the above stated contract be assigned to ARCADrs G & M. Inc. As I also mentioned, Henry W. Deibel, Jr. will remain the project manager for the contract and the employees of the finn have remained the same along with the location of our office at: 420 Columbia Drive, West Palm Beach. Fl. 33409. I currently remain an officer of both Lawson, Noble & Webb, Inc. and ARCADIS G & M, Inc. and have the authority to request the above stated transaction. Please advise me of the process and documents the City will require in order to complete. the name change for the contract assignment. Sincerely. G:\FLORIDA smcorporarc: BD\Clty of Delray Contract Assignment doc LAWSON, NoeLl! . Wuø.INc. - 420 Columbia Drive, Suite 110- West Palm Beach. Florida 33409 561-684-fi688. Fax 561-684-1812 - E-mail: westpBlmbeachOarcadls-us.com ·tlttp:/lWww.arcarjÏ$-us.com l . d 886l'ON . J U ¡ I qq8M ~ 8qoN 'UOSMEl ~~O9:6 gOal . Z . H~~ -- --- --------- . . . CONSENT TO ASSIGNMENT The undersigned, the City of Delray Beach, a Florida municipal corporation, being a party under that certain agreement dated April 28, 2004 and originally between the City of Delray Beach and Lawson, Noble & Webb, Inc., does hereby give consent to the assignment of the above-stated Agreement from Lawson, Noble & Webb, Inc. to Arcadis G & M, Inc. which shall assume all tenns and conditions of the original Agreement. IN WITNESS WHEREOF, the undersigned has signed this instrument on this _ day of ,200_. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk Jeff Perlman, Mayor Approved as to legal fonn and Sufficiency: By: City Attorney MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER p/Î. SUBJECT: AGENDA ITEM # ?;\\ - REGULAR MEETING OF MAY 17. 2005 GRANT APPLICATION TO FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (F.R.D.A.P.) DATE: MAY 13,2005 This item is before Commission to authorize staff to submit a grant application to the Florida State Department of Environmental Protection's Recreation Development Assistance Program for funding in the amount of $200,000.00 for the renovation of Lake Ida Park. The grant is on a reimbursable basis. As part of the grant requirement, the City must show that the money has been budgeted for fiscal year 2005-2006. Recommend authorizing staff to submit the F.R.D.A.P. grant application. s:\Ctty Clerk\agenda memos\Aonda Recreation Development AssIstance Grant.051705 , [IT' DF DELRA' BEA[H DELRAY BEACH f , ) II IJ A tied AII·America City 100 N W. 1st AVENUE DELRAY BEACH. FLORIDA 33444 561/243-7000 , III I! 1993 MEMORANDUM 2001 TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: F.R.D.A.P. Grant for Lake Ida Park DATE: May 9, 2005 The purpose of this memorandum is to request City Commission authorization to apply for a Florida Recreation Development Assistance Program grant for Lake Ida Park in the amount of $200,000. The submission deadline for the grant is expected to be September/October of this year. As you know, the grant is on a reimbursable basis which means we have to upfront all costs. As part of the grant requirement, we also have to show that the money has been budgeted for fiscal year 2005 - 2006. Please place this on the May 19, 2005 agenda for City Commission consideration. Joe~ l)~ Director of Parks and Recreation Ref:lakeidagr * Printed on Recycled Paper THE EFFORT ALWAYS MATTERS FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT APPLICATION PACKAGE 2005-2006 WHAT IS FRDAP AND HOW IS IT ADMINISTERED? The Florida Recreation Development Assistance Program (FRDAP) is a competitive program which provides grants to local governmental entities for acquisition and development of land for public outdoor recreation use or to construct recreational trails. The Florida Department of Environmental Protection (DEP), Office of Information and Recreation Services administers FRDAP. FRDAP funds are distributed as reimbursement grants by the Department on a project-by-project basis to applicants eligible under the Florida Administrative Code (F.A.C.). DEP evaluates grant applications according to policies and procedures described in Chapter 62D-5, Part V, F.A.C. This is commonly known as the FRDAP Rule. Applicants should familiarize themselves with these policies and procedures. This packet will assist all applicants in preparing and presenting the information needed for DEP to evaluate proposed FRDAP applications. WHO MAY APPLY FOR FRDAP FUNDS? Municipal and county governments or other legally constituted entities with the legal responsibility to provide public outdoor recreation. WHAT IS THE GENERAL APPLICATION INFORMATION? A proposed FRDAP project must be for one of the three following categories: acquisition ofland for public outdoor recreational purposes, development of land for public outdoor recreational purposes, or construction or renovation of a public recreational trail. If an acquisition project receives a FRDAP grant, the applicant must develop the acquired site for public outdoor recreation use within three (3) years. A development proposal should consist of the complete or partial development of the site for public outdoor recreational use. A development project may consist of one improvement/renovation or a group of related improvements/renovations designed to provide primary facilities for outdoor recreation. A trail project should consist of a new trail or renovation of an existing trail for public outdoor recreation. A trail project may consist of one trail or multiple trails and related improvements within one project boundary. Secondary or support facilities or improvements for access, safety and protection of the project are viable project components for development or trail projects, but should not dominate the proposed project. Primary facility costs must be greater than or equal to fifty percent of the total project cost. Support facilities alone do not constitute an eligible project, except development projects which provide or improve sandy beach access and trail projects which provide trailhead or trailside facilities. HOW DO I APPLY? Applicants must submit a completed FRDAP Grant Application during an announced submission period. Applicants may submit up to two applications during the submission period. Each agency may only have a total of three (3) active projects, including any applications being submitted. Applications must involve only one project site except for acquisition or development of sandy beach access. Applicants must submit proposals for FRDAP grants on application form FPS-A033. DEP evaluates applications on the basis of the information provided by the applicants, except where such data is superseded by official DEP information. Failure by an applicant to present all required application information and documentation may result in the application being declared ineligible for funding consideration. Failure by an applicant to provide accurate information and documentation relating to the evaluation criteria for the proposed project set forth in the FRDAP Rule may result in a loss of points for the applicant's competitive score. Application will be evaluated and scored based on the information submitted bv the end of the submission period. The deficiencv period has been eliminated under the new rule. Page I of25 FPS-A033 Applicants must submit three copies (I original and 2 copies) of the completed application and all supporting documents during the announced submission period of September 13, 2004, through October 13, 2004. Applications must be postmarked NO LATER THAN October 13, 2004, and submitted to: DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF RECREATION AND PARKS OFFICE OF INFORMATION AND RECREATION SERVICES 3900 COMMONWEALTH BOULEVARD, MAIL STATION 585 TALLAHASSEE, FLORIDA 32399-3000 If you plan to prepare this document by retyping or downloading it to your computer, the language and format used must exactly match this application. You may request an electronic application by e-mailing: Mahoe:anv .R.Simmons<ædeD.state.fl. us WHAT IS THE MAXIMUM GRANT AMOUNT? Maximum grant funds an applicant may apply for is $200,000 GRANT MATCH RATIOS: (Based on the grant cap of $200,000) Proiect Cost State Share Grantee Share $50,000 or less 100% 0% $50,001 to $150,000 75% 25% $150,001 up to $400,000 50% 50% Project Cost = Grant Funds + Grantee Match Please refer to Chapter 62D-5.055(4), F.A.C. for complete information on match requirements and match types. WHAT CAN I USE TO MATCH A FRDAP GRANT? · Cash · Value of undeveloped land owned by applicant (subject to conditions) · In-kind services HOW ARE FRDAP GRANTS AWARDED? Each application is reviewed to determine eligibility. Following DEP staff review of the applications, DEP may request clarification of eligibility criteria (site control, grant match ratios, etc). Applicants must submit requested information by the deadline given. DEP ranks all eligible applications in accordance with the evaluation criteria set forth in the FRDAP Rule and assigns a final score. Based on the scores, DEP prepares and submits a recommended priority list to the Florida Legislature for funding consideration. The Department's performance and obligation to award program grants is contingent upon an annual appropriation by the Florida Legislature. Should the project receive funding, the grantee will have up to three (3) years from the start of the state's fiscal year in which funds are appropriated to complete the project. If questions arise while preparing the application, please contact the Office of Information and Recreation Services at 850/245-2501 or SUNCOM 205-2501. Page 2 of 25 FPS-A033 PART I. APPLICATION CHECKLIST Please use this list to make sure that all applicable and all required documentation is included. To facilitate review and scoring, please tab all exhibits. ANY APPLICATIONS SUBMITTED WITHOUT EXHIBITS BEING TABBED, WILL BE SENT BACK TO THE APPLICANT AND ASKED TO BE TABBED AS REQUESTED BELOW OR WILL BE CONSIDERED INELIGIBLE. Attach supporting documents asfollows: '" ¡-:.- ,:, ':,; "~/~ ;,' ;" Development Acquisition ,', ." ., 4pplication 1t~m - q Applicable & Trails Projects Tab a~' Exhibit , '. ". Proiects NOTE: Three (3) copies of the completed Please use and signed application and all supporting Ý Ý a soft documents must be submitted before October 13, 2004. (1 original and 2 copies). covered . A letter from the City or County Manager or binder. a resolution authorizing application Ý Ý (No Hard submission. 3-ring binders) A. 1) A letter from the agency's chief administrator certifying the five year capital Ý Ý A improvement schedule is officially adopted and the date adopted and 2) a copy of the Capital improvements schedule OR 1) a copy of a resolution amending the existing schedule to include the proposed project. Designate orooosed project by name, date and year. B. SCORP objectives support documentation -- Written response to Part IlL Item 2A on page 11 of this application. Include a brief _I _I narrative explaining how the project Y Y B implements one or more of the outdoor recreation goals and objectives as listed in the 2000 SCORP. Provide quotations or other appropriate references with explanations to iustifV the correlation. C. Public participation documentation: 1. Copy of public meeting advertisement for SO~E PURPOSE of discussing _I j Cl the project. Y Y --------------------------~-------------------------- 2. Agenda and minutes of REGULARLY ____~~~~~_~~=~_~~~~~'!_~~~~~_':~~~~~~~__ ý ý C2 3. Documentation of presentation to community groups (agenda and minutes, letter of thanks from organization, etc.) OR.. . A copy of the survey summary results as they relate to the proposed project. (Support Ý Ý C3 letters are not acceptable for points) Page 3 of25 FPS-A033 · "": .'" Applicåiio1ÍJiêm - J(equiiêtf.~b-,;c7~r Developmè-'t~: ';!}t£qùlijiì;ln'~:, /TafifiS''itX1ìlljit - Proiect . -- ." ,:p¡.òiéci ," D. Documentation of ability to support programming and maintenance of project Ý Ý D site. Provide a copy of an agency organizational chart AND an explanation of ability to provide development, prowamminf! and maintenance. E. Copy of cooperative agreement between applicant and a private or public nonprofit Ý Ý E entity with the applicant holding the lead managing responsibilitv. F. Excerpts of the Recreation/Open Space element of the local comprehensive plan Ý F identifying needed acreage. Please provide excerpt which indicates needed number of acres and provide how much acreage local government already controls. G. Conceptual site plan for development of the project area: Submit a conceptual site plan displaying the areas and facilities to be developed as proposed in the scope of the application. The site plan must correlate with the project area identified in the project boundary map and cost estimate. The site plan must CLEARLY DELINEATE .¡ .¡ G between facilities/opportunities currently existing, facilities proposed for funding Please Use only if in this application and facilities planned for identify requesting future development. Please color code your different trail con- site plan to indicate facilities that are funding nectivity existing, proposed for funding and planned for future development (not in phases points. this pro;ect). H Excerpts of the Connecting Florida's v' Communities with Greenways and Trails. Trails Only H 1 Letter from the Office of Greenways & Trails documenting project is located on or .¡ I connects with a designated State of Florida Trails Only Greenway or Trail. J. Copy of Regional or Local Governmental adopted Greenway Plan .¡ J Trails Only Page 4 of25 FPS-A033 ').~ /. " > > Application Item - Required' D~velopment Acquisitükr . Tab a." Exhibit > ;p,.(iect... P,,iects' K Boundary map of the project area: Submit a boundary map of the project area. The map must provide a description and sketch of the project area boundaries, display known easements and be legally .¡ .¡ sufficient to identify the project area. Plat K maps may be accepted if the above criteria are identified. Aerial photographs are not accepted as boundary maps. L. Photographs of the project area: Submit color, on-site photographs sufficient to depict the physical characteristics of the project area. Provide color photographs for all three copies of your application. Aerial photographs are requested, but not required. .¡ .¡ L Please mark an approximate boundary of the project site and note major roads and/or landmarks on the aerial photo (note --this is not the boundary maD). M Location map and directions: Submit a detailed street, road or highway map precisely locating the project site. Also, provide clear and concise written driving instructions from the nearest .¡ federal or state highway. NOTE: Please Ý M confirm that street names listed in the written directions are the same as those posted on street signs in the area. Please do not use Map Quest or any other computer maDDin~ prowamfor this. Page 5 of 25 FPS-A033 A. Site Control (e.g. , deed, lease): 1) Attorney's Certification of Title: Ý The city or county attorney must complete and sign this certification and include it in this exhibit. 2) Submit a copy of the site control document N for the project site. If submerged lands are included in the development area, provide a legal document (i.e., permit, management agreement, etc.) which indicates permission to use and develop the submerged lands. State Ý owned property must include a letter from Department of Environmental Protection's Division of State Lands approving application of grant funding and development. Site control must be effective bv the close of the submission oeriod. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM PART I - GENERAL INFORMATION (DEP USE ONLY) * RECEIVED: POSTMARKED.: APPL. NO.: J. APPLICANT INFORMATION A. Name of Applicant: B. Federal Employer Identification Number: C. Population: D. Current Operating Budget: (This is the operating budget for the city, county or special district. and not just the department budget) E. Contact Person: Title: ([he contact person is someone who will be m direct contact with DEP and be responsible for admmistermg this grant if awarded) Address: Street/P.O. Box: City/State: Zip Code: Telephone:( ) E-mail: Page 6 of25 FPS-A033 FAX: I hereby certify that the infonnation provided in this application is true and accurate. I further certify that I possess the authority to apply for this grant on behalf of the applicant. (Attach a letter or resolution giving authorization to apply for this grant) Signature of Authorized Representative Date 2. PROJECT INFORMATION A. Name of Project: B. Project Type (Check One): Project cannot be a combination of acquisition and development Acquisition: Development: On land owned by applicant On land currently under site control by applicant Date site control expires: Trail Construction: On land owned by applicant On land currently under site control by applicant Date site control expires: Development projects must be under site control (owned by deed, or leased or dedicated for minimum of 30 years from the date of application) by the close of the submission period (October 13, 2004). · School board property is ineligible either by lease or ownership. · State owned property must include a letter from Department of Environmental Protection's Division of State Lands approving application for development. · Include a copy of the site control documents (e.g., deed, lease, etc.) and a completed Attorney's Certification of Title on page 8 of this application. (please Tab as Exhibit "N") C. PROJECT LOCA nON: Street Address: City: County: Zip Code: - - D. LEGISLATIVE DISTRICTS IN WHICH THE PROJECT SITE IS LOCATED: This should be the Florida Senate and Florida House district in which the proposed project site is located. If you are not sure of the district, contact your local office of the Supervisor of Elections. (There is only one each.) Page 7 of 25 FPS-A033 State Senator: Senate District Number: State Representative: House District Number: E. Describe the physical characteristics of the project. Include land resources, vegetation, fish and wildlife, historical, archaeological resources, previous recreational usage and transportation access as well as other pertinent information. (Development Projects Only) Include in Exhibit N with Deed or Lease ATTORNEYS CERTIFICATION OF TITLE OFFICE OF THE (City or County) ATTORNEY (Address) ,20_ TO WHOM IT MAY CONCERN: I, , am the Attorney for the (City or County), Florida. I hereby state that I have examined a copy of a (deed, lease, management agreement,_etc.) from to the (City or County) dated conveymg (type of interest, ie. Fee simple, easement, 30 year lease, etc.) in the following described property: (Legal Description of Property) I have also examined a document showing that this property is listed on the tax rolls as belonging to the (City or County). Finally, I have also examined such documents and records as necessary for this certification. Page 8 of 25 FPS-A033 This property is what is now called "(Name of Property as Refèrenced in the FRDAP application)" . I certify that the (City or County) does in fact (own, lease, etc.) this property for years. Very truly yours, (Name) (City or County) Attorney 3. FINANCIAL INFORMATION GRANT MATCH RATIOS: (Based on the grant cap of $200,000) Proiect Cost State Share Grantee Share $50,000 or less 100% 0% $50,001 to $150,000 75% 25% $150,001 up to $400,000 50% 50% Project Cost = Grant Funds + Grantee Match Please refer to Chapter 62D-5.055(4), F.A.C. for complete infonnation on match requirements and match types. The Total Project Cost (Line F) must equal the grant request (Line A) plus the total local funds available (Line E). This figure (Line F) should not total more than 5400,000 for the purpose of this application. A. FRDAP Funds Requested (State Share) Line A $ B. Local Funds Available: (Grantee Share) 1. Cash: Line B $ 2. In-Kind: Line C $ 3. Land Value Line D $ If property is developed, land value CANNOT be used as a match. Total Local Funds Available: Line E $ Sum of lines B, C and D C. Total Cost of Proposed Project: Line F $ Page 9 of 25 FPS-A033 Sum of Lines A and E D. PROJECT COST ESTIMATE (COMPLETE ONLY FOR DEVELOPMENT & TRAILS PROJECTS): The project cost estimate break down is on the following page of this application. If land value is used as match, it should be included under primary cost. Primary costs include all recreation facilities and opportunities. Primary cost must be equal to or greater than fifty percent of the total cost. Remember to include each element in vour conceotual site olano Submit a conceptual site plan displaying the areas and facilities to be developed as proposed on page 10 of this application. The site plan must correlate with the project boundary map and cost estimate. The site plan must CLEARLY DELINEATE between facilities/opportunities currently existing, facilities proposed for funding (page 10) in this application and facilities planned for future development. Please color code your site plan to indicate facilities that are existing, proposed for funding and planned for future development (not in this project.) Also identifv different FRDAP ohases on the site olano (please Tab As Exhibit "G") PRIMARY RECREATION AREAS AND FACILITIES: Including, but not limited to, beach access, picnic facilities, fishing piers, ballfields, tennis courts, trails, trailheads, etc. Costs of planning and site preparation should be included within the cost of each element. If this is a trail project, list the uses or types of trails. Quantity Description Estimated Cost N E W R E N 0 V A T I 0 N S Total Primary $ SUPPORT FACILITIES AND IMPROVEMENTS: Parking, restrooms, landscaping, security lighting, and other such costs should be included under support costs. Costs of planning and site preparation should be included within the cost of each element. Amenities such as benches, trash cans, utilities, water fountains, or bike racks will receive no points when being scored. D Qwmrity I ""oripri" I Estimated Cost I Page 10 of25 FPS-A033 N E W R E N 0 V A T I 0 N S Total Support $ TOTAL COST OF PROPOSED PROJECT $ PART 111- EVALUATION CRITERIA I. GENERAL EVALUATION CRITERIA 1. CAPITAL IMPROVEMENT PLAN A. Is the proposed project identified, in whole or in part, in the applicant's capital improvement plan or schedule during the current or next three (3) fiscal years? Please provide: 1) a letter from the agency's chief administrator certifying the five year capital improvement schedule is officially adopted. 2) a copy of the five-year capital improvement schedule included in the applicant's adopted Local Comprehensive Plan, stating project by name, amount and year (County or City budgets are not the same as capital improvement schedules and are not acceptable) Please highlight project name, amount and year. (20 points) Yes No --- OR --- B. Is the proposed project identified as part of the plan through an adopted resolution committing the applicant to amend their capital improvement plan or schedule and complete the project should it receive program funds? Please provide: a copy of a fully executed resolution amending the existing schedule to include the proposed project. The resolution must clearly indicate the proposed project by name, amount and year. (10 points) Yes No (please tab as Exhibit "A") 2. STATE COMPREHENSIVE OUTDOOR RECREATION PLAN Page 11 of 25 FPS-A033 A. Explain how the proposed project would address one or more of the issues or goals identified in the State Comprehensive Outdoor Recreation Plan. Use the OUTDOOR RECREATION IN FLORIDA- 2000 (Chapter 6). Provide quotations or other appropriate references with explanations to justify the correlation. (please tab as Exhibit "B") (4 points) B. 2005 RELATIVE NEED INDEX BY REGION Locate the applicant's region and circle each priority resource/facility need as proposed in the project cost on page 10 of this application which is included in the applicant's planning regIon: (7 points) I Bicycle Riding * Hiking * Nature Study * Outdoor Swimming Pool Use * Shuffleboard X II Bicycle Riding III Saltwater Beach Activities * Saltwater Fishing (No Boat) IV Bicycle Riding * Saltwater Fishing (No Boat) * Freshwater Beach Activities XI V Freshwater Beach Activities * Saltwater Beach Activities * Bicycle Riding þ'''' VI Saltwater Beach Activities * Bicycle Riding - ~~,...r " ::;- Saltwater Fishing (No Boat) * Hiking * Outdoor Swimming Pool Use VII Bicycle Riding * Freshwater Fishing (No Boat) VIII Saltwater Beach Activities * Bicycle Riding * Hiking Outdoor Swimming Pool Use * Golfinr Page 12 0 25 FPS-A<ßt Bicycle Riding * Saltwater Beach Activities * Nature Study * Hiking Tent Camping * Outdoor Swimming Pool Use * Shuffleboard * Golfing 3. PUBLIC PARTICIPATION Indicate which of the following apply (Check ALL that apply): (To receive points for this section any meetings, presentations, or surveys must be held in the current year or within the previous 3 years of application. Also each of the three meetings must be held separately to receive each set of points.) A. An advertised public meeting was held solely for the purpose of discussing the proposed project. Attach a copy of proof of publication for the advertisement. If submitting 2 applications, must hold separate meeting for each project (unless they are phased projects of the same park). (please tab as Exhibit"C-l") (10 points) B. The project was discussed at a rel!ularlv scheduled meeting of the applicant's advisory board responsible for park, recreation and leisure service activities. Provide a copy of the minutes of the advisory board meeting(s) where this project was discussed The board must be an appointed group of citizens, such as a parks and recreation advisory board, who would normally review projects similar to the proposed grant application. Planning and zoning or similar boards may be used if a parks and recreation advisory board does not exist. CITY OR COUNTY COMMISSIONS ARE NOT CONSIDERED ADVISORY BOARDS. (please tab as Exhibit "C-2") (7 points) C. Public input on the proposed project was obtained through presentations to community organizations, neighborhood associations and/or a written opinion survey. Provide documentation (minutes of meeting project discussed at or thank- you letter from an organization, association, etc.) showing that presentations regarding this project were made to community organizations or groups OR provide a copy of the survey summary of the results and explain how the results relate to the proposed project. Letters of support are not acceptable to receive points. (please tab as Exhibit "C-3") (4 points) 4. OPERATION AND MAINTENANCE Capability to develop, operate and maintain the project site: (Please check ONLY one): Provide a brief position description of how development, programming and maintenance will be provided and a copy of an agency organizational chart. Page 13 of25 FPS-A033 The applicant has a full-time recreation or park department staffed to provide facility development, programming and maintenance. (please tab as Exhibit "D") (6 points) The applicant has demonstrated the existence of a full-time ability to provide facility development, programming and maintenance. (please tab as Exhibit "D") (4 points) The applicant has other means of providing facility development, programming and maintenance. (please tab as Exhibit "D") (2 points) 5. PARK PARTNERSHIP The proposed project is supported through a fully executed written cooperative agreement between the applicant and a private or public entity in which said entity agrees to furnish 10% or more of the total project costs in cash, land, or labor services for the development/construction of this project with the applicant holding the leading management responsibility. The written agreement must be executed by the end of the submission period and quantify the donation in monetary units. (A management or maintenance agreement is not acceptable.) Yes No (please tab as Exhibit "E") (3 points) 6. TRAIL CONNECTIVITY The project provides for increased trail access by (a) connecting an existing, publicly owned and designated recreational trail with a project trail outside the project boundary; or (b) connecting two publicly designated trails outside of any park. Please indicate new project trail and where it connects to the existing trail(s) on the project site plan. Yes No (Please tab as Exhibit "G") (5 points) II. DEVELOPMENT CRITERIA (COMPLETE ONLY FOR DEVELOPMENT PROJECTS) 1. NEW DEVELOPMENT List the existing facilities/improvements on the project site. Include improvements such a baseball fields, basketball courts, trails, boat ramps, etc. (Bullet lists are encouraged If undeveloped, state None.) The site plan must clearly delineate between facilities/opportunities currently existing, facilities proposed for funding in this application and facilities planned for future development. Please identify different fundin~ phases from the existing facilities. (please tab as Exhibit "G") (5 points, if undeveloped) Page 14 of25 FPS-A033 2. INFRASTRUCTURE ASSESSMENT OF LOCAL GOVERNMENT RECREATION AND PARK DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA A. List the facilities which are addressed on page 10 of this application which are identified in the priority ranked index clusters of outdoor facilities needs for renovation and/or new construction identified within the applicant's population density as set forth in the Department's study entitled "Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida" effective December 1995. (See attached pages 19-23 for Priority Ranked Index Clusters. A project facility not listed in the priority ranked indexes will receive a score of a similar facility included in the indexes, as determined by the Department staff) (If developing trails, must have separate trails to receive separate points.) (Maximum 30 points) B. Does the proposed project, in whole or in part, address the highest priority of infrastructure funding needs for the applicant's population density as set forth in the study titled "1995 INFRASTRUCTURE ASSESSMENT OF LOCAL GOVERNMENT RECREATION AND PARK DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA". Use the table below to determine in which priority funding need ranking the project falls. (Check ONLY one): Highest Priority Funding Need (13 points) Second Highest Priority Funding Need (8 points) Population Density 1 - Population Under 10,000 Rank Fundin2 Index 1 Construction 87.7 2 Renovation 84.0 Population Density 2 - Population 10,000 to 24,999 Rank Funding Index 1 Renovation 86.9 Page 15 of25 FPS-A033 2 Construction 79.8 Population Density 3 - Population 25.000 to 49.999 Rank Funding Index 1 Construction 88.8 2 Renovation 76.7 Population Density 4 - Population 50.000 to 99.999 Rank Funding Index 1 Construction 93.8 2 Renovation 91.8 Population Density 5 - Population 100.000 and Over Rank Funding Index 1 Renovation 97.4 2 Construction 82.2 Source: The 1995 Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida III. ACQUISITION CRITERIA (COMPLETE ONLY FOR ACQUISITION PROJECTS) 1. INFRASTRUCTURE ASSESSMENT OF LOCAL GOVERNMENT RECREATION AND PARK DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA List all the facilities that will be developed for this project. Only facilities identified in the top three priority ranked index clusters of outdoor facilities needs for new construction identified within the applicant's population density as set forth in the Department's study entitled "Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida", effective December 1995, will receive these points. (Priority ranked index clusters are attached as pages 19-23.) (15 points) 2. NEEDED RECREATIONAL ACREAGE Describe how the project provides for identified need(s) for additional park acreage pursuant to the applicant's adopted local comprehensive plan. Provide the following: 1) _Needed acres/Person and _Total Acreage Under Local Control 2) Provide excerpts of the applicant's local comprehensive plan as supporting back-up documentation and highlight the information that pertains to this section. 3) Give a brief narrative describing how this project will assist in off setting the deficiency of the applicant's land needs. (please tab as Exhibit "F") (15 points) 3. CAPITAL IMPROVEMENT PLAN A. Is the proposed develoDment of the property identified in the applicant's capital improvement plan (CIP) or schedule during the current or next three (3) fiscal years? Please provide: Page 16 of25 FPS-A033 1) a letter from the agency's chief administrator certifying the five year capital improvement schedule is officially adopted. 2) a copy of the five-year capital improvement schedule included in the applicant's adopted Local Comprehensive Plan, stating project by name, amount and year (County or City budgets are not the same as capital improvement schedules and are not acceptable) Please highlight project name, amount and year. (6 points) Yes No ---OR---- B. Is the proposed development of the property included as part of the plan through an adopted resolution committing the applicant to amend their CIP and develop the property should it receive program funds? Please provide: a copy of a fully executed resolution amending the existing schedule to include the development of the proposed project. The resolution must clearly indicate the development of the proposed project by name, year and amount. (3 points) Yes No (please tab as Exhibit "A") IV. TRAIL CONSTRUCTION CRITERIA (COMPLETE ONLY FOR CONSTRUCTION OF TRAIL PROJECTS) 1. NEW DEVELOPMENT List the existing facilities/improvements on the project site. Include improvements such as trails, trailheads, ballfields, basketball courts, etc. (Bullet lists are encouraged. If undeveloped, state None.) The site plan must clearly delineate between facilities/opportunities currently existing, facilities proposed for funding in this application and facilities planned for future development. Please identify different funding vhases from the existing facilities. (please tab as Exhibit "G") (5 points, if undeveloped) 2. STATE GREENW A YS AND TRAILS PLAN Explain how the proposed project would address one or more issues or goals as identified in the State's Greenways and Trails Plan. Use "Connecting Florida's Communities with Greenways and Trails - September 1998". Provide quotations or other appropriate references to justify the correlation. Use a separate sheet ifnecessary. (please tab as Exhibit "H") (6 points) 3. STATE OF FLORIDA DESIGNATED RECREATIONAL GREENWAY OR TRAIL The project is located on or connects with a State of Florida designated greenway or trail. Please provide a map and documentation (letter from Office of Green ways and Trails) indicating connectivity. Designation Agreements must be fully executed by the end of submission period. Page 17 of25 FPS-A033 Yes No (please tab as Exhibit "I") (3 points) 4. REGIONAL OR LOCAL GREENW AYS AND TRAILS PLAN Explain how the proposed project would implement a Greenway and Trail Plan adopted by either a regional or local governmental entity. Provide quotations or appropriate references with explanations to justify correlation. Enclose a copy of the regional or local governmental adopted Greenway Plan. (please tab as Exhibit "J") (4 points) 5. MIXED USE OR SINGLE USE TRAILS Does the specific trail design demonstrate that the project will support: Mixed use recreational trail opportunities, either motorized or nonmotorized, or both? Yes No (8 points) --OR- Single use recreational trail opportunities? Yes No (6 points) 6. INFRASTRUCTURE ASSESMENT OF LOCAL GOVERNMENT RECREATION AND PARK DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA Does the proposed project, in whole or in part, address the highest priority of infrastructure funding needs for the applicant's population density as set forth in the study titled "1995 INFRASTRUCTURE ASSESSMENT OF LOCAL GOVERNMENT RECREATION AND PARK DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA". Use the table below to determine in which priority funding need ranking the project falls. (Check ONLY one): Highest Priority Funding Need (13 points) Second Highest Priority Funding Need (8 points) Population Density 1 - Population Under 10.000 Rank Fundin2 Index 1 Construction 87.7 2 Renovation 84.0 Population Density 2 - Population 10.000 to 24.999 Rank Funding Index 1 Renovation 86.9 2 Construction 79.8 Page IS of25 FPS-A033 Population Density 3 - Population 25.000 to 49.999 Rank Funding Index 1 Construction 88.8 2 Renovation 76.7 Population Density 4 - Population 50.000 to 99.999 Rank Funding Index 1 Construction 93.8 2 Renovation 91.8 Population Density 5 - Population 100.000 and Over Rank Funding Index 1 Renovation 97.4 2 Construction 82.2 Source: The 1995 Infrastructure Assessment of Local Government Recreation and Park Department FacilIty Needs in the State of Florida Outdoor Facility Needs Ranked by Priority Index: Population Density 1 Rank Renovation Construction Facility Points Facility Points I Playgrounds 6 Baseball Fields 6 Cluster I 2 Support Facilities 5 Softball Fields 5 3 Tennis Courts 5 Playgrounds 5 Cluster II 4 Rest Rooms 5 Rest Rooms 5 5 Picnic Facilities 4 Support Facilities 4 6 Baseball Fields 4 Soccer Fields 4 7 Basketball Courts 4 Basketball Courts 4 Cluster III 8 Softball Fields 4 Bike Trails 4 9 Swimming Pools 4 Swimming Pools 4 10 Boating Facilities 4 Tennis Courts 4 11 Fishing Piers 3 Picnic Facilities 3 12 Camping 3 Handball Courts 3 13 Handball Courts 3 Fishing Piers 3 Cluster IV 14 Football Fields 3 Football Fields 3 15 Soccer Fields 3 Boating Facilities 3 16 Beach Access 2 Exercise Trails 2 17 Historical Facilities 2 Camping 2 18 Shuffleboard Courts 2 Beach Access 2 Cluster V 19 Nature Trails 2 Historical Facilities 2 20 Other 2 Shuffleboard Courts 2 21 Golf Courses 2 Nature Trails 2 22 Bike Trails I Golf Courses 1 23 Exercise Trails I Hiking Trails I 24 Hiking Trails I Horse Trails I Cluster VI Page 19 of25 FPS-A033 25 Horse Trails 1 Other I Population Density I - Population Under 10,000 Outdoor Facility Needs Ranked by Priority Index: Population Density 2 Rank Renovation Construction Facility Points Facility Points I Rest Rooms 6 Support Facilities 6 Cluster I 2 Support Facilities 6 Rest Rooms 6 3 Playgrounds 6 Playgrounds 6 4 Baseball Fields 5 Softball Fields 5 5 Tennis Courts 5 Soccer Fields 5 Cluster II 6 Softball Fields 5 Baseball Fields 5 7 Basketball Courts 4 Basketball Courts 4 8 Boating Facilities 4 Picnic Facilities 4 Cluster III 9 Swimming Pools 4 Swimming Pools 4 10 Picnic Facilities 4 Football Fields 4 11 Soccer Fields 4 Tennis Courts 4 12 Exercise Trails 3 Handball Courts 3 13 Football Fields 3 Nature Trails 3 Cluster IV 14 Shuffleboard Courts 3 Bike Trails 3 15 Handball Courts 2 Boating Facilities 2 16 Beach Access 2 Other 2 17 Fishing Piers 2 Exercise Trails 2 18 Camping 2 Golf Courses 2 Cluster V 19 Bike Trails 2 Hiking Trails 2 20 Nature Trails 2 Fishing Piers 2 21 Other 2 Camping 2 22 Golf Courses I Beach Access I 23 Hiking Trails I Historical Facilities 1 24 Historical Facilities I Horse Trails I Cluster VI Page 20 of 25 FPS-A033 25 Horse Trails I Shuffleboard Courts I Population Density 2 - Population From 10,000 to 24,999 Outdoor Facility Needs Ranked by Priority Index: Population Density 3 Rank Renovation Construction Facility Points Facility Points I Rest Rooms 6 Baseball Fields 6 Cluster I 2 Playgrounds 6 Soccer Fields 6 3 Support Facilities 5 Support Facilities 5 4 Tennis Courts 5 Softball Fields 5 Cluster II 5 Baseball Fields 5 Playgrounds 5 6 Basketball Courts 5 Boating Facilities 5 7 Beach Access 4 Football Fields 4 8 Swimming Pools 4 Tennis Courts 4 Cluster III 9 Soccer Fields 4 Rest Rooms 4 10 Picnic Facilities 4 Picnic Facilities 4 11 Football Fields 3 Basketball Courts 3 12 Softball Fields 3 Other 3 Cluster IV 13 Boating Facilities 3 Exercise Trails 3 14 Exercise Trails 2 Bike Trails 2 15 Handball Courts 2 Nature Trails 2 16 Other 2 Camping 2 17 Golf Courses 2 Handball Courts 2 18 Shuffleboard Courts 2 Historical Facilities 2 Cluster V 19 Fishing Piers 2 Swimming Pools 2 20 Bike Trails 2 Hiking Trails 2 21 Hiking Trails 2 Golf Courses 2 22 Nature Trails 2 Beach Access 2 23 Camping 2 Fishing Piers 2 24 Historical Facilities I Horse Trails I Cluster VI Page 21 of25 FPS-A033 25 Horse Trails I Shuffleboard Courts 1 Population Density 3 - Population From 25,000 to 49,999 Outdoor Facility Needs Ranked by Priority Index: Population Density 4 Rank Renovation Construction Facility Points Facility Points I Playgrounds 6 Soccer Fields 6 Cluster I 2 Rest Rooms 5 Playgrounds 5 3 Support Facilities 5 Picnic Facilities 5 Cluster II 4 Tennis Courts 5 Baseball Fields 5 5 Soccer Fields 5 Support Facilities 5 6 Baseball Fields 5 Swimming Pools 5 7 Swimming Pools 4 Softball Fields 4 8 Exercise Trails 4 Basketball Courts 4 Cluster III 9 Softball Fields 4 Rest Rooms 4 10 Basketball Courts 4 Other 4 11 Handball Courts 3 Exercise Trails 3 Cluster IV 12 Picnic Facilities 3 Golf Courses 3 13 Boating Facilities 2 Tennis Courts 2 14 Beach Access 2 Boating Facilities 2 15 Fishing Piers 2 Fishing Piers 2 16 Shuffleboard Courts 2 Football Fields 2 17 Football Fields 2 Handball Courts 2 18 Golf Courses 2 Bike Trails 2 Cluster V 19 Nature Trails 2 Nature Trails 2 20 Other 2 Hiking Trails 2 21 Bike Trails 2 Horse Trails 2 22 Camping 2 Beach Access 2 23 Hiking Trails 2 Camping 2 24 Historical Facilities I Historical Facilities I Cluster VI Page 22 of 25 FPS-A033 , 25 Horse Trails I Shuffleboard Courts I Population Density 4 - Population From 50,000 to 99,999 Outdoor Facility Needs Ranked by Priority Index: Population Density 5 Rank Renovation Construction Facility Points Facility Points I Support Facilities 6 Support Facilities 6 Cluster I 2 Rest Rooms 5 Baseball Fields 5 Cluster II 3 Playgrounds 5 Playgrounds 5 4 Tennis Courts 4 Softball Fields 4 5 Swimming Pools 4 Rest Rooms 4 Cluster III 6 Boating Facilities 4 Soccer Fields 4 7 Basketball Courts 4 Picnic Facilities 4 8 Golf Courses 3 Bike Trails 3 9 Softball Fields 3 Swimming Pools 3 10 Picnic Facilities 3 Exercise Trails 3 11 Historical Facilities 3 Hiking Trails 3 Cluster IV 12 Baseball Fields 3 Other 3 13 Fishing Piers 3 Golf Courses 3 14 Exercise Trails 3 Camping 3 IS Soccer Fields 3 Beach Access 3 16 Handball Courts 2 Historical Facilities 2 17 Camping 2 Tennis Courts 2 18 Football Fields 2 Basketball Courts 2 Cluster V 19 Nature Trails 2 Boating Facilities 2 20 Beach Access 2 Fishing Piers 2 21 Bike Trails 2 Football Fields 2 22 Other 2 Nature Trails 2 23 Hiking Trails 2 Handball Courts 2 Page 23 of25 FPS-A033 · 24 Horse Trails I Horse Trails I Cluster VI 25 Shuffleboard Courts I Shuffleboard Courts I Population Density 5 - Population From 100,000 & Over CONTACT FOR ADDITIONAL INFORMATION: Ctinìâd > ' .' Phone SUNCOM A. FRDAP Application Information & Help 850/245-2501 205-2501 B. Statewide Comprehensive Outdoor 850/245-3051 205-3051 Recreation Plan (SCaRP) c. Bureau of Appraisal 850/245-2658 205-2658 D. Recreational Americans with Disabilities 850/488-5090 278-5090 Act (ADA) Information E. Olfice of Green ways & Trails 850/245-2052 205-2052 F. Florida Statewide Greenways & Trails Plan 850/245-2052 205-2052 Page 24 of25 FPS-A033 . . Date: May 9, 2005 AGENDA ITEM NUMBER: 'X tt AGENDA REQUEST Request to be placed on: _Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda When: May 19, 2005 Description of Agenda Item (who, what, where, how much): Request approval to apply for a $200,000, grant from Florida Recreation Development Assistance Program for renovation of Lake Ida Park. The grant is on a reimbursable basis., Up front funding will come from the Parks and Recreation bond issue. Department Head ~ Signature: City Attorney Revie I ecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes I No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: @I No Initials: 4 Hold Until: Agenda Coordinator Review: Received: [ITY DF DELRRY BEA[H fJ1 DEL RAY BEACH F lOR I II A tI.tb:II AlI·America City 100 N.W. 1 st AVENUE DElRAY BEACH. FLORIDA 33444 561/243-7000 , 1111 ~o: MEMORANDUM David T. Harden, City Manager 1993 2001 FROM: ~obert A. Barcinski, Assistant City Manager DATE: May 9, 2005 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING MA Y 17,2005 SPECIAL EVENT REQUEST- ALL AMERICA DUCK DERBY ACTION City Commission is requested to consider approval of the 2nd Annual All America Duck Derby sponsored by the Sunrise Rotary Club of Delray Beach proposed for November 19th from II :00 a.m. to 5:00 p.m. at Veteran's Park. Commission is requested to grant a temporary use permit per LDR' s Section 2.4.6(h) for the use of Veterans Park and the parking lot and to provide staff assistance for traffic control and security, barricading, and trash removal and clean up assistance. The applicant is also requesting the standard event signs and directional signs. BACK6ROUND Attached is a permit request for this event received from Dario Ayala on behalf of the Sunrise Rotary Club along with a site plan, budget, and certificate of insurance. The event sponsor will manage the event. Staff assistance has been requested for traftìc and security. barricading, clean up, and signage. The estimated staff overtime for this event is $750 and the estimate for event signage is $250. Per event policies and procedures since the applicant is a 501 (c) 3 organization there are no charges for City overtime and signage. We have been advised that the Coast Guard will not grant approval until one week prior to the event. RECOMMENDATION Staff recommends consideration of approval of the event, the temporary use permit for Veterans Park and the parking lot, staff assistance as requested and event signage request to be installed no earlier than November 10th with the following conditions: 1. Receipt of Hold Harmless agreement. 2. Receipt of the Coast Guard approval one week before the event. RAB/tas FII~ u sw~en~y¡evenls Doc Agenda All America Duck Derby 2005 @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS ~I It&t c~ ~we~t'\~, . V\"J c; s I (l~ - f111ti'~fl Z- ~ site IA ¿'; City of Delray Beach DURAY BEACH >0 Ie 3 J , U .. I P. ... ...... Special Event Permit All American Application '1111. PLEASE PRINT lq93 2001 Event Approved/Denied Date of Approval/Denial Approved/Denied by Title 1. Event NamelTitle: 1>\Ac.\( beKht ~ he\ {V..~ ., 2. Event Date(s): ~ Event Time(s): "1t - 5f \\ c:; 3. Event Sponsor/Producer: 4. Event Contact/Coordinator: 5. 6. f, 7. 8. (If neighborhood block party, then please skip questions #10-35 and go to question #36) 9. Sponsor Category: (please check) City (Non-Profit/Charitable D Private D Co- Sponsor - Non-Profit/Private D (If Non-profit attach proof of 501c(3), c(4), c(6), c(10) or cÇ!» 10. Event Location/Address: \{e:r-€.J.AN~ ~A~ -:J:ON Site plan attached: yes )(.. no (Site plan required for entire event site) i. 12. Event budget attached: yes no (Required for all events) X 13. Serving or selling alcoholic beverages: yes no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) X 14. Event certificate of insurance attached: yes no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) ~ 15. Playing of amplified music: yes no (Waiver required) K 16. Requesting Police assistance: yes no (Traffic control/security) I 17. Will supplement with private security: yes no 1. (If yes, need plan attached) '" 18. Requesting Emergency Medical assistance: yes no 19. Requesting barricade assistance : yes Jl. no 20. Requesting trash removal/clean up assistance: yes K. no 21. Requesting trash boxes and liners:. L yes I( no 22. Requesting stage use: "er~lUaN.s pþtþ, yes ^ no (If yes, check type) Large stage covered ~ Large stage no cover 0 Small stage 0 Half small stage 0 þ( 23. Requesting signage : yes no sì (;rN S Fo~ Type: Event sign (4'x4') Directional signs b<. '! Banner hanging Indicate dates required ~~(N9 (Waiver required if more than one (1) week prior to event) 24. Food and beverage vendors: yes 1\ no If yes, please provide the approximate number, as well as the name, address, and contact phone number O~Ch vendor Whr~~ due no lat~ than ~tJeek prio~~h~r¿ \5 VW'f\(. 0« <# M Mt ~ dO ~'r ~ , '\~'" Af \G\ - 25. Health Department approval: (see attached) yes no IX.. 26. Other vendors: yes no of. 27. Tents: yes no tJl... (If yes, tent permits and fire inspections maybe needed) 28. Will the event include amusement rides? requiring state approval? yes no Þ<.. (If yes, type and location and copy of liability insurance required)(Also, please provide the name, address and contact phone number for each amusement provider along with copies of their liability insurance) 29. Will the event be gated? yes no K. (Show on-site map) ()( 30. Will there be fireworks or other pyrotechnics? yes no (If yes, contact Fire Marshall) 31. Will there be cooking with compressed gas? yes no 0<- (If yes, contact Fire Marshall) ~ 32. Will you be providing port-a-Iets for the event? yes no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) f~(L't. ~<; &t"'S-r~otJ\S <# 33. Will there be a charge for the event? yes no {j. (If yes, indicate ticket prices) 34. Is reserved parking requested? yes oc. no (If yes, indicate locations) 2 -- 1) QAAD 35. Nei hborhood Block Parties Nei hborhood block arties onl 6\9~ '18' 1- L{ ¡6"Lt . Is event sponsored by the Homeowner's Association? yes_ no_ (If not, then individual(s) submitting permit application must also submit a petition signed by 51% of the homeowners who live on the block) . Please note the following: 1 ) Approvals will only be given for a one (1) block area 2) Permit applications must be received in writing by the City Manager's Office at least thirty (30) days prior to the event.3) Consumption or sale of alcohol on City rights-of-way will not be permitted.4) Structures other than barricades are not allowed in City rig hts-of-way. 5) Homeowners Association will be required to pay all overtime costs that may be incurred as a result of City staff involved in the event. Event Contractor/Coordinator Date Please print: Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. -~ Application fee received $ Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 3 Message Page I of 1 Sweeney, Tracey - - . -- - ----- ___ _~____.. _____v________ __~___~__ __._..____________~_ - ___ +__.. _____ - . ________ ~_ - _____ ____ __m_____ From: Ayala, Dano [dano ayala@wamu.net] Sent: Fnday, Apnl 29, 20054.34 PM RECE\VED To: Sweeney, Tracey MAY (; 1 2005 Subject: RE Duck Derby Importance: High AS - .,-.,~ I CITY '-'MANAGER Tracey, My apologies for the delay Enclosed you will find the budget and Insurance Policy does not renew until 7/05, I will fax you new certificate at that time Tracey Map location IS where the crane will be positioned (up to the median). we will dangle the ducks over the grass area and drop off via hook release directly onto the water No weight will be placed on any part of the park I hope this IS satisfactory Regards, Dario Ayala - Home Loan Consultant 561-981-4175 Office 561-441-6511 Mobile 800-995-8654 ext 4175 866-467-9415 Facsimile dano ayala@wamu net -----Original Message----- From: Sweeney, Tracey [mailto:Sweeney@ci.delray-beach.fl.us] Sent: Monday, April 25, 2005 3:57 PM To: soyday@gmail.com Cc: Delraycommish@aol.com Subject: Duck Derby Dano, In order for an agenda Item to be complete for City Commission approval( 05/03/05) I need the following Information by April 28, 2005 morning · Budget (revenue and expenses) · Certificate of Insurance (City of Delray Beach as Certificate Holder) - the certificate I have on file expires 07/01/05 · More explanation on location for #1 on the map (i e. what type of weight of equipment IS going to be in area #1 on the map) Thanks, Tracey A. Sweeney * "'* '::~df~_:; S~~>-:l--Yl?~~j t~l~S f":[r;di ~ FC! Y;-,ê! _ i ~.::__ons ccnte~:-. *7.-,.: .,.. *' ¡. l~~ORTA~T: ~c :10t o~~r_ att~~~D~~-S frcm ln~-~·:~::JG~i.l.:>~C. s~::·j.¿.!,~~ ' . * 5/2/2005 ROTARY CLUB OF DELRA Y BEACH, SUNRISE FOUNDATION, INC. ALL AMERICA DUCK DERBY 2005 BUDGETED REVENUE AND EXPENSES BUDGETED REVENUES: Duck Sales & Sponsorships $45,000 BUDGETED EXPENSES: Game (3 payments @ $4,333.33) $13,000 SCA (Insurance / Million Dollar Duck) 2,500 Games Conference 420 Delray Affair Registration Fee 170 Garlic Festival Registration Fee 175 Renaissance Festival Registration Fee 50 Duck Costume Rental 300 Game Expenses (including Ducks, Pins and other merchandise) 2,500 Individuals out-of pocket costs (postage, stationary, city) banners, printing, etc.) 3,000 Commissions paid to Organizations which sold ducks 2,000 Contingency Expense 885 $25,000 NET PROFIT (LOSS) $20,000 ------- 04/29/~005 03:26:04 PM Bonnie Katten FAXSERVER Page 2 ACORDT" CERTIFICATE OF LIABILITY INSURANCE DATECMM/DD/VYYY) 04/29/2005 PRODUCER THIS CERTIFICATE IS ISSL'ED AS A MATTER OF INFOR\iATIO:'li Aon Risk Servlces, Inc. of Illlnois 200 Ease Randolph ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER chicago IL 60601 USA THIS CERTIFICATE DOES i\"OT AMEND, EXTE:\'D OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE· (866) 283-7122 FAX· (847) 953-5390 Il'\SURERS AFFORDIl'\G COVERAGE NArC # INSù'1GR A Greae Amerlcan Insurance Co, 16691 .. INSURED .. ROeary Ineernational q,¡ INS1J1ŒR ?- westcheseer Fire Insurance co 21121 I: Aeen: Elaine Marin :c 1560 sherman Avenue = DlSURER C <:.0 Evanston IL 60201-3698 USA ::: INSURER :J .. q,¡ '1:1 DlSURER E ë COVF.RAGRS SIR Ma Apply = TIlE POLICIES OF INSURA.'iCE LISTED BELOW HAVE BEEN ISSUED TO TIlE INSURED N.u.!ED ABOVE FOR TIlE POLICY PERlOD j},'DICA TED NOTWITHSTA.>IDING M'Y REQUIREMENT, TERM OR CONDmON OF AJ\'Y CONTRACT OR OTIIER DOC1.;~NT \\TI1I RESPECT TO WHICH TIllS CERTIFICATE ~!AY BE ISSUED OR ~!AY PERTADI. TIlE INSlTRA."CE AFFORDED BY TIlE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TIlE TERMS, EXCLUSIOKS AND CON'DmO~S OF SUCH POLICIES AGGREGATE LßfiTS SHOVv"N MAY Ii.. \'E BEEN REDUCED BY P"JD CLAlliS INSR IAJ))'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INS1.;'RANCE POLICY Nl'MBER DATE(MJ\f\J)D\Y\) DATE(MM\DDI\'Y) LIMITS A ~~~ GLP574666B 07/01/04 07/01/05 EACH :::CC'!JF3.ENCE $750,000 X COMMERCIAl. GTh"ERAL UAELITY DAMAG?-:C lŒN'3D $750,000 CLAJMS MADE ~ :)CCUR PREMISES (Ea o;:cur~nc~; I MEr; J::X? .A1.1v ¢ne p~son) X s10 S2SC,C>OO PERSONAL & ADV INJUR: $750,000 0 0 LI'I GENERAL AGGlŒGATE $1,500,000 \D N GL'I'L AGGREGATE LIMIT APPLIES PER o:r $750,000 M PRODUCTS· CCMPIOP AGG ..... ~ POLICY D ;:6: D WC 0 L1QUQr" L'ab,11ty Included 0 r-- LI'I A AUTOMOBll.E LIABILITY GLP574666B 07/01/04 07/01/05 COMBINE:) S:NGL;:'IMr:' .. r- ("EaacClde-t) $750,000 ~ ANY AUTO ;z: I- ALL OWNED AU'!'OS ! I- 30Dll.Y:¡UURY ~ SCHECULED AUTOS (Ferpmor.) I: ~ HIIŒD AUTOS 1: BODILY nrnJR Y q,¡ NO~1 OV·J'NEJ) AUTOS (per aCClCie..1t) U ~ SIR $:'5C,":)00 PROPE~'-TY DA...\4AGE - (?e' accldt:1t) GARAGE LIABILITY A:JTO ONLY - EA ACC:DENT B ANY AUTO 01'H3 THAl'¡ EAACC AUTO ONLY AGG 8 E.XCESS IIJMBRELLA LIABILITY cu..n0942 07/01/04 07/01/05 EACH OCCURRENCE ~5,OUO,OOC ~ CCCE o CLAll..íS Y..ADE AGGREGA7.E $5,000,000 ~DEDUCTIBLE RETE¡"'110N $10,000 ~C STAro· I I~TH. WORKERS COMPENSATION AND ·COY""""" EMPLOYERS'LIABILITY E L EACH ACCIDEN':: ANY PROPIUET-:R ' PARTNER' EXE~UTIVE OFFICERlMEUBER EXGlC>ED' E L DISEASE-EA EMPLOYEE Ifyc¡ descrbe W".der SPECIAL PRO\'ISICN: E L DISEASE·POLICY:'2£T b~low OIHER - ~ DES'èRJPT!ON OF OPERA:JONSn.OCA:JONSNEEICLES'EXCLUSJONS ,ODED BY ENDORSEMENTISPECIAL ?:èOVlS:CNS ~ Re: Duck Derby of Del ray Beach, 11/19/05, Delray Beach, FL. The certificaee holder is included as addieional S insured wieh respect cO the general liability POllCY. Delray Beach Rotary sunrise, Distrlce 6930. fi ,~n.. ',\I'I.("~'T . ,. . "n," ~ City of Delray Beach SHO~'I.D ANY OF THE ABCVE :JES=ED P:)UCIES BE CANCE:.::ED BE::)lŒ THE EXPIRATION ~ Attn: Tracy sweeney DATE THEREOF, TEE ISSUING INSURER '1JJl.L EÌ';'"DEA VOF:O MAlL ~ 10 NW 1se Avenue 30 DAYS ~'RrITENNCTICE TO THE CER:ll'ICATE H:)LDER ~AMED TC THE LEFT ~ BU':: F All.1BE TO DO SO SHALL IMI'OSE NC :)BLIGATION OR LIAKLITY ~ Del ray Beach FL 33444 USA OF AN:'K1ND:JPONTIŒ1NSTJRER, :TSAGENTS ORREPRESElCA'I'PJES ~ ~~~~ -... AUTdOIUZED REPlŒSEN':'ATIVE ~ AIY'I'Dn ; IIJXI - ------ MAR-l 0-2005 05:40Pt.! FROt.!-RUTHERFORD MULHALL, PA +5612413815 T-960 P 002/003 F-458 - .. - - INT~RNAL REVENUE 9£)~ICE DEPARTMENT OF THE TREASURY P. O. BOX 2508 CINCINNATI, OR 452\11 Employer Iden~1f1cation Number: Dace: OCT 2 5 2C04 03-0547065 DW: 17053237050014 ROTARY CLUB OF D:E:LR.~Y BE1\.CH SUNRISE Conl;act Person: FOUNDATION INC £VELYN D GRIFFITHS ID# 31432 2150 S OCE:.AN BLVD Sot'S 4E Contac~ Telephone Nurnb~r: C£LAAY BEACH, FL 3~4B3 (677) 829-5500 Accoun~~ng Per.od Ending~ DECEMBER 3J. PuÞliC Char1ty S~atus: ¡70 (b) (11 (A) (nl Form S90 Requir~d: YES Effect~ve Date of Exemption: AUGUST 3, 2004 - Contr1bution Deãuccib11ity~ YES ~vance Rul1ng End~ng Date: DECEMBER 31. 2008 Pear App11cant: We are plea5eå to inform you that upon review of your application for ~ax exempt 5tacus we have determined that you ar~ exempt from Federal 1ncome tax under 5eCt10n 501(e) (3) of the Int;ernal Revenue Code. Conl;rlbut10ns to you ar~ deductible under 5~ction 110 of the Code. YOu are ~lBo qualified to rece.V~ tax deductible beque5tS, dev1ses, tran5fers or g.fl;s under section 2055, 2106 or 2522 of the Code. Because th15 le~ter could help resolve any quest10nS regarding your exen.pt: status. you should keep 1t 1n your permanent records. Ors~ni%ation5 ex~m¡t under 5eOt~on SOllC) (31 of the Code are further classif~6d as e~ther pub11c clarit1es or private foundat~ons. Dur~ng your advance rul~ng period. you will be treated as a public char1ty. Your advance ruling period begins w1th che ef1eCt1Ve date of your exemption and ends \.11th advance rul~ng end1ng date shown In the h6ading of the letter. Shortly þefore ~he end of your advance rul~ng per.od. we will ~end you Form 8734. support: schet\tle for Mvance Ruling per.od. You ~ill have 90 daY5 aft:~r the end of your ad~ance ru11ng period to return the completed form. We w111 che.n not1fy you, ~l, writing, about your publ~c char~ty Statu5. please see enclose« Inforrnat~on for Exempt organizat~Ons Under Secl;ion 50¡ (c) (3) for some helpful information about your responsib1l~t1es as an exempt organ1zation. If you distr1bute :unds to other organu:aI;10ns. your records mU6t show whether they are e~empt u~Ler seOC10n SOl(C) l3). In cases wh~re the recipient organization is nOl exempt under section 501(cl (3) . you muSt have ev~dence the funds ~.ll be used for seCtion SOllc) (3) púrposes. Letter 1045 (DO¡CG) ------ MAR-I 0-2005 05:40PI.I FROM-RUTHERFORD MULHALL, PA +5612413815 T-960 P 003/003 F-458 , - - ~2· ROTARY CLUB OF D2LR ~y BEACH SUNRISE If you discribute f,mds to inãj.viduals. you should keEp case histor~es Showing r;he recipient'S nam~ and address; ~h~ purpose of the award; ¡;he manne:r of selectlOn; and the celatiDn5h~p of the recip~ent to any of your off~cers. dl.rec1:.ors, trustees. members, or major contriputors. We have sent a copy of thl.s letter to your represencacl.ve as indicated l.n your po~er of actorney. Slncerely, ci~ /'" -.. -:j ... ,,~ ') ~ ~. . - " .......~. - .- . ... \,.0." I!'is G. Lerner Director. Exempt Organ~:atl0n5 Rullngs and ~reemenc5 Enclosures: Inform.tion for Organi~ation5 ~x~mpt UndEr Sect~on SOl(c) (3) Form 8í2-C Letter 1Q45 (DO/CG) -- !i..... .:~._ ." _ _~. .,. · -. NE 'J; '. _,1-'~' . . -.,..". '-'-'--~. .. ..-'~;J . ~~. ." -. - __a... .1 !:,I.> . _ 'Ii I , ',.... I ..'," it ¡ I ¡ .J .' . ..- '-- , ';a-, f.1t : ~ I ..~ . .. I I l Fl~> ~, Pr I¡ _ . t;:: ~. {'F, ~".,~. _ AVENUE II)rr . ~- TLANTIC. er n ' , , EAST A.... .., -, . , cr"~ - "' "'... ,. r, , ~J' ~ '. :,;'. ¡ . f1 - '11;'" ...,'T. !" , -"",'IJ, ~ ,.4.... ~. A [iTV DF DELRRV BER[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444 TELEPHONE 561/243-7090' FACSIMILE 561/278-4755 DELRA Y BEACH Wnter's Direct Line: 561/243-7091 F l 0 . I D A bad Aß.Amerlca City ~ 1I'l, MEMORANDUM DATE: May 9, 2005 TO: City Commission David Harden, City Manager þ.-o-~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Amendment to Ticketmaster Aqreement Reqardinq the Fed CuP The City's agreement with Ticketmaster provides that the proceeds from events shall be paid to the City. The attached amendment provides that the proceeds from the Fed Cup event shall be paid directly from Ticketmaster to the UST A. The City's agreement with the UST A provides that all proceeds from ticket sales will go to the UST A. This was the same process that was followed with the Davis Cup ticket proceeds. Our office requests that this item be placed on the May 17, 2005 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Joe Safford, Finance Director )S'J" APR-29-2005(FRI) 09:15 JCD SPORTS GROUP (FAX)561 2652752 P.003/005 .. ticlCetrr.aster '~ ".....,'t...'IIn:'JL~1 .,r:;/i'''' ~;--l+øLo:;,../.i~,,"':" Assignment of Ticket Proceeds AMENDMENT TO LICENSED USER AG1ŒEMENT THIS AMENDMENT TO LICENSED USER AGREEMENT ("Amendment") is made and entered into as of this 1st day of April, 2005 by and between City of Delray Beach, a Florida municipal corporation ("Principal") and Ticketmaster L.L.C., a Delaware limited liabili ty company ("T icketmaster") with reference to the following facts: A. Ticketmaster and Principal entered into that certain Licensed User Agreement dated as of November 15, 1999, whereby Principal aut..horized Ticketmaster to act as Principal's exclusive agent for the sale of all remote (e.g. at outlets and by telephone) Tickets to attend each of the Attractions upon the terms and conditions set forth in the Licensed User Agreement. B. Ticketmaster and Principal hereby desire to amend the Licensed User Agreement to provide for the assignment of certain Ticket sales proceeds owing to Principal under the Licensed User Agreement, and Ticketmaster desires to consent to such assignment subject to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties hereby agree as follows: 1. Assi.gnment of Ticket Prooeeds by Princ.i.pa1.. Principal has assigned its right to receive a portion of the proceeds of Ticket Sales from the Federation Cup events (EDD0423, EDD0424, EDDFED), on April 23rd and 24th, 2005 at Delray Beach Tennis Center owing 'to Principal from Ticketmaster under the Licensed User Agreement, to United States Tennis Association ("Assignee"). The amount of proceeds from said Ticket sales under the Licensed Oser Agreement which is assigned hereunder, is êill roceeds. 1M __ ~c.orporo..4c.J u~'t'A ~ 2. C~nsent by Ticket:master. Ticketmaster hereby consents to the assignment and agrees to pay the Assignee cut of the first ~~ funds which become due to Principal under the Licensed User ~J Agreement with respect to the entire funds a sum up to, but not to i?T(~ exceed, all proceeds. Principa~ and Assignee(s) agree th~t this assignment does not and will not transfer to Ticketmaster or release Principal or Assignee{s) from, any tax reporting, payment, wi thholding or other responsibility of Principal or Assignees. Ticketmaster's obligation to pay Assignee is subj ect to all the sarne terms and conditions as its obligation to pay Principal and the rights of Assignee against Ticketmaster can rise no higher than those of Principal. Ticketmaster reserves the right to set off against any amoun'ts owed by it under the Licensed User Agreement any amount owed to it by Principal, whether arising APR728-2005(FRI) 08:15 JCD SPORTS GROUP (FAX)561 265 2752 P.004/005 before of after the execution hereof. 3. Payment of Assigned Amount. Payment of the amount assigned hereunder shall be made by means of Ticketmaster's check payable to the order of Assignee, in the same manner, and upon the same terms and conditions, as payment is required to be made to Principal under the Licensed User Agreement. 4. Conditions of Assiq.mnent. Principal acknowledges and agrees that Ticketmaster's obligation to make payment to the Assignee hereunder accrues directly to the Assignee and that the assignment may not be unilaterally revoked by Principal after the execution hereof. Any payment made by Ticketmaster in accordance wi th this Amendment shall be conclusively deemed to be correct. Principal and Assignee agree that Ticketmaster shall not be liable to either of said parties for any reason whatsoever, other than for its negligent failure to make payments in accordance with this Amendment, and both of said parties hereby waive any and all rights either may have in law or equity against Ticketrnaster, other than by reason of Ticketmaster's negligent failure to comply wi th the terms of 'this Amendment. Except in the case of Ticketmaster's negligent failure to comply with the terms and conditions of this Amendment, Principal and Assignee agree to indemnify and hold Ticketmaster harmless from and against any and all liabilit.ies, claims, damages, expenses, taxes or other obligations (including costs and attorneys' fees) arising out of Ticketmaster's performance of this Amendment. !n no event shall Ticketmaster be liable for special or consequential damages. S. DiSjpUted Payments. Principal agrees to assert any and all claims relating to a disputed payment directly against Assignee and not against Ticketm21ster. Ticketmaster shall be entitled to continue to make payments to Assignee hereunder during the course of any such dispute. 6. Conf~:i.c:t:.inq Te:z:ms. In the event a conflict arises between this Amendment and the terms and conditions of the Licensed User Agreement the terms and conditions of this Amendment shall control. Except as specifically set forth herein to the contrary, all of the terms and conditions of the Licensed User Agreement are in full force and effect, sha.ll continue in full force and effec't throughout the term and are hereby ratified and confirmed by the parties. J -2- APR:~9-20Ø5(FRI) 09:15 JCD SPORTS GROUP (FAX)561 265 2752 P.005/005 IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first written above. TICKETMASTER L.L.C., CITY OF DELRAY BEACH a Delaware Limited Liability Co. a Florida municipal corporation By: By: Print: Print: Title: Title: Florida Sa.les Tax 1:. D . number: . Assignee hereby acknowledges its agreement with and shall comply with the terms and conditions of this Amendment to the extent such terms and conditions are applicable to Assignee. UNITED STATES TENNIS ASSOCIATION ~~ccRP~,~ JI1 a New Yo not fo profit corporation -----....... By: 0~A¢- Print: JE~¡e. ~ Title: p/~~c.To;L r¿:/I~ évé7J7Y ~,h~:Y;J3 P'~or:i.da Sal.es Tax J:. D . number: -3- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ty1-'1 SUBJECT: AGENDA ITEM # ~-K. - REGULAR MEETING OF MAY t7, 2005 CHANGE ORDER NO. t/OVERHOLT CONSTRUCTION CORPORATION DATE: MAY 13, 2005 This is before the Commission to approve a Contract Addition (Change Order No.1) between the City and Overholt Construction Corporation in the net add amount of $217,930.00 for the Delray Swim and Tennis Center Clubhouse Project. Funding is available from 380-4150-572-62.60 (2004 G.O. Bond/Delray Swim and Tennis) and 117- 4133-572-63.90 (Recreation Impact Fee/Other Improvements). Recommend approval of Change Order No. 1 in the amount of $217,930.00 to Overholt Construction Corporation for the Delray Swim and Tennis Center Clubhouse Project. S:\Ctty Clerk\agenda memos\Change Order Overholt Tenrus Center 051705 ---- - City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www mydelraybeach com TO: FROM: Victor Majte SUBJECT: DELRA Y SWIM & TENNIS CENTER CLUBHOUSE (PIN 2004-038) Agenda Request; Change Order #1 for Rehabilitation of Swimming Pool DATE: May 9,2005 Attached is an Agenda Request for a Contract Addition (Change Order #]) in the net add amount of $217.930.00 to Overholt Construction Corporation for the rehabilitation of the swimming pool and associated bathhouse at the Delray Swim & Tennis Center facility. 0\ elllOlt Construction Corporation, the genera] contractor currently constructing the clubhouse, submitted a quote of $335,325 00 for the rehabilitation of the pool which includes all new filtration and pump equipment, associated concreted pads and retaining wall, al1 new discharge and return plumbing lines, and new automatic filtration and chemical controllers. In addition, the bathhouse wil1 be remodeled from its current use as a bathhouse to a new office for the pool attend.ant and an area for pool chemical storage. The project was awarded with the construction of the clubhouse as the base bid and the parking area (western area) improvements as an add-alternate bid. The alternate amount is $] 17, 395.00. Since the parking area improvements have been deferred to coincide with the eastern parking area improvements, this amount will be deducted from their current contract. Staff recommends approval of a Contract Addition (Change Order #1) in the net add amount of S2l7,930.00 to Overholt Construction Corporation for the rehabil itation of the Delray Swim and Tennis Pool and Bathhouse. After budget transfers, funding will be available from 380-4150-572-62.60 (2004 G.O. Bondi Delray Swim & Tennis) and account 1] 7-4133-572-63.90 (Recreation Impact Fee Fundi Other Improvements). cc Richard Hasko, P E , Director of Environmental Services Randal KreJcarek, P E . City Engineer Rafael Ballestero, Dep Dlr of Construction Joe Weldon, Parks & Recreation Director Carolanne Kucmerowskl. City Clerks Office Agenda file, 05/17/05 Project File, 2004-038(A) S \fngAdmm\Projects\2004\2004-038\CONSTRCT\Agnd memo CO#1 Overholt 05 1705 doc - CITY OF DELRA Y BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. t (Contract Addition) PROJECT NO. 04-038 DATE: PROJECT TITLE: Delray Swim and Tennis Center Clubhouse TO CONTRACTOR: Overholt Construction Corporation YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLA1'\S AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Add to rehabilitation of the pool and associated bathhouse to the scope of work, as outlined in attached schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $865,109.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED SO.OO ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $865,109.00 COST OF CONSTRUCTION CHANGES THIS ORDER $217.930.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER SI,083,039.00 PER CENT INCREASE THIS CHANGE ORDER 25.2 % TOTAL PER CENT INCREASE TO DATE 25.2 % 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 Overholt Construction Corporation (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding IS available from accounts' 380-4150-572-6260 ($118,500.00), 117-4133-572-63.90 ($99,430.00). DEPARTMENT FUNDING CERTIFIED BY DELRA Y BEACH, FLORIDA by its City Commission RECOMMEND: By: Environmental Services City Manager ATTEST: APPROVED: By: City Attorney CIty Clerk S \EngAdmm\ProJects\2004\2004-038\CONSTRCT\CO# 1 Overholt 05 1705 doc Delray Beach Swim and Tennis Center Clubhouse PIN 2004-038 Schedule A Contract Award ITEM )[SCRJI'TION EST. EXTEl'mED TOTAL NO. UNIT QTY. UNIT PRICE PRICE Base Bid, Phase II-A 1.00 Clearing and Grubbing, New Compacte L.S. I _____E9.-'_9.2:º:ºº__ ___u______~_~212_?g_:ºº_ 2.00 New Clubhouse Building L.S. I __~~_ª}_,_~_?Z:ººu u_______~2~~1_~_~Lºº_ 3.00 Landscaping 3.01 Coconut Palm EA 6 $270.00 Sl,620.00 3.02 Purple Showers EA 48 --------u----$6:3õ-- -------m------$Jf2:ë>ö- 3.03 Florida Gardenia 40 EA 36 u------------n:ÖÕ-- -----------u---S:z-S-2-:ÖÕ- 3.04 Florida Gamma Grass EA 40 ---u--------l6:3õ-- -----------u---SI6-Ö:ÖÕ- 3.05 Plumbago Impenel Blue EA 77 --------------$6:3õ-- ----------------s-s-M:sõ- 3.06 Dwarf Crown of Thorns EA 44 u-----u---uS't:C)õ-- --------u------S-3-õ-š-:õif 3.07 Triple Pigmy Date Palm EA I ---------l2Š-Õ:ÖÕu -------u-uu--"$'is-o:öõ- 3.08 Foxtail Fern EA 27 uu----------s3:3õ-- -----u------UUU$-5f43ö- 3.09 Trinette EA 15 --------------S7:ÖÕ-- -------U--------$Toš-:oõ- 3.10 Montgomery Palm EA 12 ----------S2ro:ÖÕ-- uu---------S:fS-20:0Õ- 3.11 Veriegated Ginger EA 13 -u---------STõ:öõ-- ---------u-----S-r3-Õ-:ÕÕ- 3.12 Xanadu EA 18 --------u--nÕ:ÖÕu ----------------STš-o:oõ- 3.13 Wart Fern EA 55 ------------us4:öër- ----------------S:z-:m:OÕ- 3.14 European Fan Palm EA 9 u--u-----lss:öõ-- -------------u-S-''rß:ÕÕ- 3.15 Jatropha Standard EA 3 ---------lfsõ:öõ-- ----------u----$4-Š-O:ÕÕ- 3.16 Green Island Ficus EA 57 ----uu------S8:ÖÕ-- u--------------$':rs-g:ÕÕ- 3.17 Paurotis Palm EA 2 u--------S23Õ:ÖÕ-- -------u-------l,fgo:õõ- 3.18 Orange BIrd Paradise EA 20 -u---------Sï-õ:öõu --------------u$:z-Õ-O:ÕÕ- 3.19 Thryallis EA 20 --------u----$6:3õ-- -----------U---$Tj-o:õõ- 3.20 Dwarf Firebush EA 16 ---u--------l6:)õu ----------------S-¡-Õ-4:ÕÖ- 321 St. Augustine Sod SF 10,000 -----u-----u$Õ:~m-- -------------tr,-Mõ:õö- 3.22 Mulch CY 30 -----------l3S:ÖÖ-- :::::::::::::~:CQ}º-~Qº: ---_...------------------ 4.00 Irrigation L.S. I _~_um?-'_~_ºº:ºº__ _____u______~21_~g_º:ºº_ 5.00 Asphalt Pavement Repair/Restoration L.S. I _~___u_?-'_~_ºº:ººu _____________~;?l_~gg_:ºº_ 6.00 As-Built Drawings L.S. I S750.00 $750.00 ------------------------- - ----- ----- ----- ---- - - -- -- ----- 7.00 Contingency Allowance L.S. I _~__}g-'_9_ºº:ºº__ __~__________~º1º_9_9_:ºº_ ~.uu Indemnitïcation L.S. I ~ IU.UU ~ IU.UU TOTAL EV ALVA TED BASE BID $747,714.00 Add Alternate Bid, Phase II-B A.IOO Mobilization LS I _~_u_!g_,g_ºº:ººu u~_________Jºlggg_:ºº_ A.200 Maintenance of Traffic LS I _~___u_?-'_~_ºº:ºº__ Jì.__________}l_~gg_:ºº_ A.3.00 Clearim! & Grubbinl.!: LS 1 _~___L9}1.ºº:ºº__ u~________u_~ºlQgg_:ºº_ A.4.00 Asohalt removal LS I _~_____2-,_~_ºº:ººu __~_______u___21_~gg_:ºº_ Change Order #1 Delray SWim Tennis Clubhouse BUilding. PIN 2004-038 Page 1 012 Delray Beach Swim and Tennis Center Clubhouse PIN 2004-038 Schedule A ITEM D[SCRII'TIOJ'lì UNIT EST. UNIT PRICE EXTENDED TOTAL NO. QTY. PRICE A.5.00 Concrete curb FOOT tvpe "D" LF 580 S 16.00 ..~..__.....___2J?~.º_:º_º. --------.--------_._----- A.6.00 Pavement Markings & Signage LS I .~....__~.'.9.!.!.:ºº.. ..L..._.....~Jg.!Lº_º. A.7.00 I" Overlay Asphalt SY 2311 S 10.00 ._~......___.~~J.!.!.9.:º_º. --------------.---------- A.8.00 I 1/2" Asphalt SY 632 $ 15.00 .J..___...___2J~.~.9.:º_º. - ...-..- ----- -- -.-.- ----- A.9.00 8" Limerock Base SY 643 $ 10.00 ._~.....___..__~J~}.9.:º_º. -----------.------------- A.l0.00 12" Stabilized Subgrade SY 656 $ 1.50 S 984.00 -_._~_.---------_.------- --- ----- ----- ----- ----- ----- --- '\.11.00 5' Wide-4 Thick Concrete Sidewalk LF 130 $ 50.00 __?_.._...___..~J.~g.9.:ºº_ --.---------------------- A.12.00 Parking Area Irrigation System LS I .~..___.?J.?ºº:ºº__ ._~....___....}J~gg.:ºº_ A.]3.00 Parking Area lighting LS I .~....!gJ.9.ºº:ºº.. __~._.......}QJgg.9.:ºº. /\.14.00 UtiItyallowance LS 1 .~.___..!J.9.ºº:ºº_. __~...____.___}JQg_9_:ºº. A.15.00 Video allowance LS 1 $ 150.00 S 150.00 ----- --_.- ----- ------- .-- ---------_..-.----------------- \.16.00 Landscaping \.16.01 Foxtail Fern EA 37 S 3.50 $ 129.50 \.16.02 Dwarf Crown of Thorns EA 43 -S---··---·---·7:0<)"' --ç·······-·-----3·õT:öõ· A.1603 Plumbago Impenel Blue EA 33 -S·········-'-·6:SC)- --ç······----··--21·4:5Õ· \.16.04 Green Island FIcus EA 34 'Š---·---···---8:00·· --S······--·------2'7Töõ· -\.16.05 Orange Geiger Tree EA 5 ·Š·----··--275:00-- -S--····-------i~·:r7'š·:Öõ· £\.16.06 Cocoplum EA 132 '$······-------6:50·- --S··---·--m··---g·š·g-:õëf '\.16.07 Remove Exist Acacia EA 2 ·$·--------2ÕÕ:00·· --Š··------····----,fõ·(Œõ· '\.16.08 Remove Exist. Queen Palms EA 2 ·$··-------25(5:00-- ··Š·-·---·······---5·õ·õ·:Oëf '\.16.09 Remove Exist Pink Tabebua EA 1 '$··---···T~;'Q~oo-- 'S···········----I·š·õ:Oëf - - ~ -- .---- ----~ ------- --- ---~--------------------------. ;\.I/.UU As-buïlts record drawings LS I ~ /:'U.UU ~ /:'U.UU TOTAL EV ALVA TED ADD AL TERNA TE BID $ 117,395.00 I TOT AL BID I $865,109.00 I co 1.\ LS 1 $ 24,493.00 S 24,493.00 CO 1.2 LS 1 I~Iº~[~~~ºº~~ ~~t:~~~JIQ~:$Irºº~ TOTAL CHANGES, POOL REHAB $ 335,325.00 Contract Award $865,109 00 Previously Approved Changes $000 Award to Date S865,109.00 Proposed Changes, Pool Rehab $335,325.00 Less Deleted Alternate Bid, Phase II-B ($117,39500) Change Order # 1 $217,930.00 Revised Contract Award $1,083,039 00 Change Order #1 Delray SWim Tennis Clubhouse BUilding. PI\! 2004,038 Page 2 of 2 ---- - - . Agenda Item No .'6\(. AGENDA REQUEST DATE: May 9, 2005 Request to be placed on: ~ Regular Agenda _ Special Agenda _ Workshop Agenda When' May 17, 2005 Description of item (who, what, where, how much): Award of Change Order #1 (Contract Addition) to Overholt Construction Corporation in the net add amount of $217,930 00 for the rehabilitation of the pool and bathhouse bUilding at the Delray SWim and TenniS Center facility, PIN 2004-038 The funding for this project will be provided from the following accounts Funding Source Account Number Amount 2004 GO Parks Bond / Delray Swim 380-4150-572-62.60 $118,50000 * and Tennis Recreation Impact Fee/Other 117-4133-572-6390 $99,430 00 * Improvements 'after budget transfer Total $217,930.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of Change Order #1 (Contract Addition) to Overholt ConstructIon Corporation for the rehabilitation of the pool at the Delray SWim & Tennis Center facility, PIN 2004-038. Department Head (1QŒ¿L ð. lo , OS Signature Determination of Consistency with Comprehensive Plan City Attorney Review/Recommendation (If applicable) Budget Director Review (required on all items Involving expenditure of funds): Funding available ~NO Funding alternative (If applicable) Z ) Account No & Description See above "hUJ ...Ç /I oS-- Account Balance See above . CIty Manager RevIew: @ î d~(}A-t'd 1I1/~9GG . <{1I~ý' /rcvlißy Approved for agenda Ë NO (fY-/ 117 /kef-- / tJ'?, "){)(). a#py 1nZM'-/er Hold Until. Agenda Coordinator Review Received Placed on Agenda. Action. ApprovedlDlsapproved file 2004-0438(A) S \1 n~t\dmll1\ProJects\2004\2004-038\CONSTRCT\agnd req CO #1 Overholt 05 1705 doc --~- ~ MEMORANDUM TO: MAYOR AND CIlY COMMISSIONERS FROM: CIlY MANAGER SUBJECT: AGENDA ITEM # ~L - REGULAR MEETING OF MAY 17.2005 GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL DATE: MAY 13,2005 Staff is requesting authorization to submit a grant application to the Children's Services Council (CSC) for funding in the approximate amount of $293,298.00 in support of our out of school program, day camps and summer camp program. Services are provided to 300 children at three (3) sites during the school year, which includes an After School Program, Holiday Camp, Spring Fling, One Day Camps, and nine (9) weeks of Summer Camp. I recommend that staff be authorized to submit the grant application. S.\Clty Clerk\agenda memos\cluldren's se1'V1ces Out of School 051705 - [I" DF DELRR' BER[H DElRAY BEACH f , 0 II .> A tzed AII·America City 100 N.W. 1st AVENUE DELRAY BEACH. FLORIDA 33444 561/243-7000 , III I! 1993 MEMORANDUM 2001 TO: David Harden, City Manager FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: Children's Services Council DATE: May 10, 2005 The Parks and Recreation Department is in the process of completing its budget for the eighth year of funding from the Children's Services Council for our Out of School Program. We will enroll 300 children at three (3) sites during the school year, with CSC funding the actual attendance which is anticipated to be approximately 250 children. The Out of School Program wi 11 consist of an After School Program, Holiday Camp, Spring Fling, One Day Camps, and 9 weeks of Summer Camp. CSC funding will amount to approximately $293,298. We are submitting for your review the agency certification requirement with the attached agenda request. Please place this on the May 17, 2004 agenda for City Commission consideration. Uy-N Parks and Recreation Attachment cc: Carolanne Kucmerowski, Agenda Coordinator Alberta Gaum-Rickard, Administrative Office Manager Ref:dhcsc05 * Printed on Recycl9d Pap"r THE EFFORT ALWAYS MATTERS AGENCY CERTIFICATION In submitting this proposal to CSC, City of Delrav Beach certifies that 1. The applicant agency qualifies to submit a proposal under the provisions in the RFP Minimum Requirements; 2. The date that this proposal was or will be approved by the agency board of directors was/is 3. All agency decisions regarding recruitment, hiring, promotions, release, and conditions of employment will be made without regard to consideration of race, creed, religion, gender, country of national origin, age, physical or mental handicap, marital status or any other factor which cannot lawfully be used as a basis for an employment decision; 4. The agency agrees to negotiate, if deemed necessary, with CSC to refine service levels, procedures, objectives, budget, and any other relevant matter for incorporation into a contract; 5. The applicant agency does not intend by this proposal to replace existing funding resources with CSC ______ _ _ ____--1ìmds; ------ -- - ----~~-~-- ~-------- ~-- 6. The budget included in this proposal is a reasonable estimate of the anticipated revenues and expenditures for the activities proposed; 7. A copy of the current IRS 501(c)(3),(4),(6),(7), or (10) Certificate (for not-for profit agencies) or a copy of the pending application for a 501(c)3 Certificate is included with the submission of this proposal; 8. Any of the following documents are available and upon request by CSC will be produced by the applicant agency within five (5) working days, but do not need to be submitted with this proposal: a) Articles of Incorporation b) Personnel Policies and Procedures c) Job Descriptions d) Certificates of Insurance and Bonding e) Licenses to Operate Agency/Program 9. NO litigation is threatened or pending which could impair the applicant agency's ability to fulfill the provisions of this proposal. 2004-2005 Agency Certification Document # 9142 Page 1 of 184 10. NO adverse action is pending or threatened by any regulatory, licensing, or oversight agency which could impair the applicant agency's ability to fulfill the provisions of this proposal. If any of the above documents are not available or any of these statements cannot be made, please explain below: OFFICIAL AUTHORIZED TO SIGN AND BIND AGENCY TO PROPOSAL (Authorized officials recognized by CSC are the Board Chair or President and Executive Director.) - - - ------ - --- ------ - -- - -. . ---- ----- City of Delrav Beach Agency Board Chair Signature David H. Harden Date: Print Name j2JJ. . Joe Weldon Date: -) -(O-t,}') Print Name t 2004-2005 Agency Certification Document # 9142 Page 2 of 184 - I " c f :E ~ ,~ ..-." , .c <:-"' >- .. (J () - :.~ CD ~ 'C :: ~!:; ;:i ,&.;. ']k .E CD -'-;,"':~ ¡:: 11>' ,C) ,Q U) ~, ... '0 .... E ,.;; CI)c C c Q. :0 ,Q C'II Q) .::J 0 J.n .c :0 E c>Z CD' .. II> 111- ;:i m 0 f 0 ::J E c .CD II> Z 111 C ¡:: Ö -.. CD .... C'II :2: 0 Q) "1"'"' c <0 'tS ':: Z Q),c a:: .N' ~ 0 'tS o Q;. 0 <, u.. '0 IE: ~. ,cð .......' ns N CD ('I): a. ëi c. 011> UI ~ ..0 .... .-.~ 0 () >- Q) ~. .... C M .... 111 0 .... 0 ~. a.. "C .. 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J:I :c - >- ,.~ ::s IV 0 t~f1j u f ..;"., '4f C C C) I ;..t: - .~ ~ (/J - 0 I- Q) 0 :, .$ C) ~ It) CD ..... co < 0.. .. ::;;¡, N N N N ,rt BUDGET SUMMARY FORM 2005-2006 Agency Funded Agency Name: City of Delray Beach by CSC Since: Program Funded Program Name: Out of School Enrichment Program by CSC Since: Total Clients (Program) Select 1 Capacity Children 300 Families: Employees Funded by CSC (FTE) 46.7%-28 --~ - _' --';..__~L r. i.~ .<!~\-·.~i:..t j_,.__ . ",~·____.-__..;,.;~--;ç.~.~"'&rw:?~--;'_·_F,_~.;~~_·~~:~.,·z,!g:~4\Tÿ;-¥*'~"'~ - : -:~~ ': -;'.:)-~Y':'<_: (:.t:~:~;;::"".~.:~~~ _, . '.'". _.j :'".- ,.'):;',.:' :\~·:;:.¡,!~:,;T;'iš.:·.\:.;tE1S~A~J~r=.Ö,RïYlATION 2004-2005 2005-2006 $ BUDGET BUDGET CHANGE PROGRAM CSC Funds $ 283,467.00 $ 293,298.00 $ 9,831 3.47% Total ProQram Budget $ 607,005.00 $ 670,489.00 $ 63,484 10.46% CSC % of Program Budget 46.70% 43.74% '.\:' "\';)" ':;~,::,.:C··. AGENCY Total Agency Budget $ 6,860,448.00 $ 9,707,050.00 $ 2,846,602 41.49% Total CSC Funds (Agency) $ 283,467.00 $ 293,298.00 $ 9,831 3.47% CSC % of Agency Budget 4.13% 302% ;~.FOR'¢SC\j$Ê:qNÎ;Y: .' , ~ .' . '~?f?F:; CSC Cost per Client (Capacity, Children, Family) Instructions 1 Complete agency and program name and indicate date when CSC first funded each. 2 Give number of clients to be served by the CSC funded program by selecting only one of either capacity or children or families. 3 Complete FTE's funded by CSC by adding percent of funded positions (whole or part) as noted in column 8 of Form A-1. Note 100% = 1 FTE. 4 Complete other fiscal information for your program and agency giving comparison with previous year, dollar change and percentage change 5 Leave section "For CSC Use Only" blank <0 0:> 0:> · .... U') <0 <0 0) 0) N N X.c T""" t-- t-- ro E I I I U') ('t) ('t) U-:J ('t) ~ ~ z ~ ~ ~ T""" T""" T""" - <0 <0 <0 ~ ~ ~ ~ 0) "0 ~ 0) 0 0 <0 c: .... 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E Cl)O)"O II) ã) l!! -- >.- · -.... -e: 0 E OO)ro " I!:! - l!! .... u e :2 0 C) » "'C ~ D- U 0) ,', i: 0 æ~ ¡~ .... - ü ü D- c: 0) C> - E rojB _ c: ..c: ..c: o ro U U g¡<'3 ro '¡;: , . 0) e: · , aJ UJ ~ " 'õ ::::I " 0 '. 0 '" - Q.j ..c: . . U ro - ro (f) - E - II) '.¡j - 0 ::¡ '" <3 - : UJ - ::::I ë¡j 0) ë3 0 ; - c: c: vi 0 ~ 0) 0) tS E ~ ::::I 0) ë¡j .... · )~( ~ - - C> II) ::::I e: e: Q; e: .c l!! :~ Q; - <~ E E <.9 l!! E ca .... .':.;::j ..... ëj) - 'C: '" "'C ca Z c: 0:: e: Z " W 0) 0 e: E .... Q E "'C ~ ª » t! ". c: c: ëõ ro CJ · ~ .... U "'C ~ C en ',. c: 0) '5 c: 0) CI) e 'co > 0) ::::I ..c: en .. .... 0 0 - « a.. C> <.9 ~ u.. 0 . Date: May 10. 2005 AGENDA ITEM NUMBER:~L <Ð '~-"">'") ~ "';¡--<w"'" ~~ ~ - . . . AGENDA REQUEST Request to be placed on: _Consent Agenda LRegular Agenda _Workshop Agenda _Special Agenda When: May 17, 2005 Description of Agenda Item (who, what, where, how much): Request approval to apply for funding from Children's Services Council in the approximate amount of $293,298 for our Out of School Program which includes After School, Holiday/ Spring Camps, One Day Camps and Summer Camp. Department Head Signature: City Attorney Revi ecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes I No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved fur Agenda: @¡ No Initials: tJ'f1 Hold Until: Agenda Coordinator Review: Received: ------~ ~ MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CI1Y MANAGER SUBJECT: AGENDA ITEM # ~~ REGULAR MEETING MAY 17, 2005 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: MAY 13, 2005 Attached is the Report of Appealable Land Use Items for the period May 2,2005 through May 13,2005. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S: \ City Clerk \agenda memos \apagmem 05 17 05 t" CITY COMMISSION DOCUMENTATION t TO: DA~~MANAGER THRU: PA L DORLlNG, D E ~OR Of PLANNING ~~D ZONING FROM: JASMIN ALLEN, PLANNEiaJ'''Í\ ~ SUBJECT: MEETING OF MAY 17, 200 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS MAY 2,2005 THRU MAY 13, 2005 I ACTION REQUESTED OF THE COMMISSION i 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 2, 2005 through May 13, 2005. J BACKGROUND t This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. I PLANNING AND ZONING BOARD f No Regular meeting of the Planning and Zoning Board was held during this period. I SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF MAY 11, 2005 I A. Approved (3 to 1, Reginald Cox dissenting, Dan Carter stepped down, Jose Aguila, and Christina Morrison absent), a Class I site plan modification associated with elevation changes for Village Grande, a townhouse development, located on the east side of NE 4th Avenue, north of East Atlantic Avenue (65 NE 4th Avenue). B. Approved with conditions (4 to 0, Dan Carter stepped down), a Class II site plan modification associated with the expansion of the existing parkin~ lot for Spa Eleven, located on the west side of North Federal Highway, north of NE 14 h Street (1440 North Federal Highway). Concurrently, the Board approved the following waivers: . Reduced the required stacking distance at the NE 14th Street entrance from 50' to 22'. ----- - City Commission Documentation Appealable Items Meeting of May 17, 2005 Page 2 . Reduced the minimum size and width of the terminal landscape islands adjacent to the parallel parking spaces from 5' to 4'. . Reduced the required width of the landscape strip adjacent to the parallel parking spaces from 5' to 3'2". C. Postponed (5 to 0), a request for a color change for Palm Court Plaza, located at the southwest corner of Linton Boulevard and Military Trail (5130 Linton Boulevard). The Board directed the applicant to provide a softer color palette. D. Approved (5 to 0), a request for a color change for Warehouse -1000 Lake Ida Road, located at the southwest corner of Lake Ida Road and NW 10th Avenue. E. Approved (5 to 0), a request for a color change for Plastridge Insurance Center, located on the west side of North Federal Highway, north of George Bush Boulevard. F. Approved (5 to 0), a request for a color change for BJB Group, Inc - Citgo, located at the northeast corner of East Atlantic Avenue and NE 6th Avenue (5 NE 6th Avenue). G. Approved (5 to 0), a Class I site plan modification associated with architectural elevations for South Palm Beach County Courthouse, located at the southwest corner of West Atlantic Avenue and SW 2nd Avenue. In addition the Board granted an eighteen month extension (expires May 19, 2007) of the site plan. H. Postponed (5 to 0), a Class I site plan modification and architectural elevations associated with installation of an exterior exhaust duct for Bi-Low Market, located on the west side of NW 8th Avenue, just north of West Atlantic Avenue (24 NW 8th Avenue). The Board directed the applicant to provide a screening solution for the exhaust duct. J. Approved (5 to 0), Class II site plan modification associated with landscape modification to the entrance of the Rainberry Bay development, located at the intersection of Lake Ida Road and Rainberry Boulevard. J. Approved (4 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 100-unit townhouse development for Banyan Village, located at the southwest corner of South Swinton Avenue and SW 10th Street. Concurrently, the Board granted the following internal adjustments and waivers: . Reduced the required 25'/30' second/third floor front and side building setback from the street system/access tract for: Buildings # 4, 6, 7, 8, 10 from 30' to 25' feet for three-story end units and from 25' to 17' for two-story center units; and Buildings # 1, 2, 3, 5, 9, 11, 12, 13, and 14 from 25' to 17' feet; . Reduced the required 25'/30' second/third floor side building setback from the street system/access tract for: For building # 3 from 25' to 18.46' for the south end unit; For building # 4 from 30' to 17' for the east end unit; City Commission Documentation Appealable Items Meeting of May 17, 2005 Page 3 For building # 7 from 30' to 22.21' for the east end unit and from 30' to 19.68' for the west end unit; For building # 9 from 25' to 15' for the west end unit; For building # 10 from 30' to 22' for the east end unit and from 30' to 11.13' for the west end unit; For building # 11 from 25' to 21.35' for the north end unit; . Reduced the minimum pavement width of the interior roadway from 24' to 22'. K. Approved (5 to 0), a Class V site plan, landscape plan and architectural elevation plans associated with the construction of a three/five-story 46 unit townhouse/condominium development for Miraflores (fka First Avenue Townhomes), located on the east side of SE 1st Avenue, approximately 76.5' south of SE 1st Street. Concurrently, the Board approved a waiver reducing the required stacking distance from 50' to eleven feet-two inches (11'-2") where the alley intersects the southernmost drive aisle for the covered parking area. I HISTORIC PRESERVATION BOARD MEETING OF MAY 4,2005 I 1. Approved (6 to 0, Maura Dersh arrived late), a request for a Certificate of Appropriateness associated with the replacement of an existing gray tile roof with a tan shingle roof for 98 NW 5th Avenue, located on the west side of NW 5th Avenue, north of West Atlantic Avenue. Other Items . The Board established on a 7 to 0 vote the public hearing date of May 18, 2005, for the designation of an individually listed property "The Sewell Briggs House" located at 212 Seabreeze Avenue to the Local Register of Historic Places. . Recommended approval to the Planning and Zoning Board (7 to 0), of an amendment to the Land Development Regulations to allow "senior housing developments" as a conditional use in the CF (Community Facilities) zoning district with the condition that the minimum size of the units be reduced so as not to require a reduction in the size of the lobby of the La France Hotel (current proposal); and rezoning from R-1-A (Single Family Residential~ to CF (Community Facilities) for the La France Hotel, located on the west side of NW 4t Avenue, north of NW 1st Street (140 NW 4th Avenue). I RECOMMENDED ACTION I By motion, receive and file this report. Attached: Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - MAY 17,2005 L-30 CANAL ~ ~ § '" I ~ :5 I 0 « '" --' ..J ~ ð I- :z f:3 '" 0 Ct: uJ I- OJ :z i:;'j ;: ø '" '" I C1 C§ I Ct: LAKE IDA G I ",' '" ) OJ ~I ;: 4:>-4 { ~I Ct: ~ ROAD I c I r- - L___ i-- I L-___~---, r- I I 1 , '--- L__ _______.J I I 1 S W 2ND ST I '--, ATLANTIC / ,n ~ LJl¡ ~ <:::: « L ~ '" ~ C1 ~ ~ I Ct: § '" =::!I '" ~I :5 "", 0 ~ '" LOWSON BOULEVARD SW 10TH ..... .... I ~ :.-1 C1 ~ 0 ~ '0( <:::: "'I i!: ...... ~ '" 2 _I ~ .... 5i, '" ~ ~ LINTON BOULEVARD '" Ie r- - -~ I "'" OlO LINTON BLVD I ì G$R4t L_ I I "I4?-04¡o¡ I I 1 I I ¡:I , 1 :::>1 I I 0 ,-__.J "'I tJ) ~ I tJ) .... ð I It: C> '" :z uJ 0 u ------------------------ - L -38 CANAL ~ SPRAB K. MJRAFLORES A. VILLAGE GRANDE B. SPA ELEVEN - - - - - CITY LIMITS - - - - - C. PALM COURT PLAZA D. WAREHOUSE-1000 LAKE IDA ROAD I ONE MILE I E PLASTRIDGE INSURANCE CENTER Hf!ß F. BJB GROUP, INC - CITGO GRAPHIC SCALE G. SOUTH PALM BEACH COUNTY COURTHOUSE 1.98 NW 5TH AVE H. BI-LOW MARKET CITY OF DELRA Y BEACH. FL I. RAIN BERRY BA Y PLANNING & ZONING DEPARTMENT J. BANYAN VILLAGE MA Y 2005 - - DIGITAL BASE MAP SYSTEM -- --- - ----- MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CITY MANAGER tJ7V] SUBJECT: AGENDA ITEM # ~N - REGULAR MEETING OF MAY 17.2005 AWARD OF BIDS AND CONTRACTS DATE: MAY 13,2005 This is before the City Commission to approve the award of the following bids: 1. Bid award to various vendors for pipe fittings at an annual cost of $202,586.06. Funding is available from various departmental operating budgets. Recommend approval of the above bids and purchases. S.\C,ty Clerk\agenda memo\B,d Memo 051705 ----- MEMORANDUM TO: David T. Harden, City Manager FROM: J acklyn Rooney, Purchasing Manager 'if- Joseph Saffor~ance Director 1/ THROUGH: DATE: May 09, 2005 SUBJECT: DOCUMENT AnON - CITY COMMISSION MEETING MAY 17, 2005 - BID AWARD - BID #2005-01 PIPE FITTINGS & ACCESSSORIES - ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve multiple awards to low responsive bidder(s) listed below for the purchase of pipe fittings and accessories stocked in the Purchasing Warehouse and ordered by the Construction DivisIOn at an estimated annual cost of $202,586.06. Background: The Water/Sewer Network and Construction Division have a need for an annual contract for pipe fittings and accessories with funding from their operating budgets. Bids for this contract were received on February 23,2005, fÌom six (6) vendors all in accordance with City's purchasing procedures. (Bid #2005-01 on file in the Purchasing Office.) This bid contains seventeen (16) groups for commodities which are inventoried in the Utilities Warehouse, and last group number seventeen (17) is for the Capital Construction Division, which is ordered on an as needed basis by Construction Division. A tabulation of bids is attached for your review. A meeting was held with the Manager of the Water/Sewer Network and Purchasing Staff to review the bids and make award recommendations. Awards were made to low bidders for each group as listed below and highlighted on the attached tabulation of bids and group/item breakdown. Recommended vendors are as follows: Vendors: Estimated Annual Amount Ferguson Enterprises 5) 8,613.20 Hughes Supply Orlando $ 20,867.95 Lehman Pipe & Plumbing S 1,998.74 National Waterworks S 170,468.57 Sunstate Meter & Supply Inc. $ 637.60 Total Estimated Annual Cost $202,586.06 ~ "-\.t Recommendation: Staff recommends award to multiple vendors as stated above at an estimated annual cost of $202,586.06. Funding from various departments operating budgets and construction projects. Attachments: Tabulation of Bids Award Memo From Construction Division Award Memo From Manager Water/Sewer Division City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www mydelraybeach com TO: Patsy Nadal, Buyer FROM: Rafael Ballestero, Deputy Director of Construction ~ SUBJECT: Bid # 2005-01, Pipe Fittings and Accessories - Annual Contract DATE: April 7, 2005 The low bid for Group 17, Construction Division pipe materials for the next year is National Waterworks. National Waterworks was a material supplier a couple of years ago. There were instances when the quality of the material was substandard. Although they responded to the quality issue expeditiously, and at no additional cost, time was lost while resolving the issue. This issue was discussed with Jeff Brouillette, the representative from National Waterworks. He assured us that they will take all precautions to insure there are no quality issues during the next year. It is understood that if there are quality issues during the duration of this contract, that the City reserves the right to terminate this contract. Staff recommends award to National Waterworks for Group 17 Pipe Materials. Please use the bid Quantities to determine the total budget amount. cc: Richard Hasko; Director of ESD Dan Beatty, Deputy Director of Utilities ~ \EngAdmm\Constructlon Divlslon\Ballestero\Annual pipe matenals memo doc 7ItS1Itð [ßII DF DELRAY BEA~ PURCHASING DIVISION TO: Dan Beatty, Deputy Director Public Utilities FROM: Patsy Nadal, BUye~ SUBJECT: Bid #2005-01 Pipe Fittings and Accessories-Annual Contract DATE: March 11, 2005 Attached is a 'Tabulation of Bids" and a copy of all bids opened on February 23, 2005, for the above referenced subject. Please review tab sheet and forward to Purchasing your award recommendation. 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CD iii R C. .J=~ CO cå cocå ocå 10 cå ii: o e o::t co 10 co W~a 0) ..... 0) 1(0) CD Q) 0) I I- 0: 0 W Z 0 c:: (/) 0 ::æ: w c:: !:: w l- e: c:: u.. 0 :5 <C 10 0 10 0 0 10 ~ (/) 0 0 0 ('I) ('I)~ o::t ::æ: ~ C1)('I) 0..... .....('1) N('I) o::t('l) ....ÈN 00 .....0 .....0 .....0 ....0 ....0 Ci5 NO NO NO NO NO NO ...(/)..... 0 c.e:('I) Z E~ E&5 E&5 E&5 E&5 E&5 ::2 0 I c:: e 0)0 Q)O 0)0 Q)O Q)O Q)O oU~ 0 <C ==('1) - - - - - (5-æN 0 0 0 - ('I) -('I) -('I) -C"') -('I) Z ;i .... .... .... l"'- I"'- .... - W C. CO CO CO co CO CO 'ë.. c:: W .t: co W ....I U 0 u.. <C 0 u.. U a) 0 ~ C - I- ~ Ö z z ::::>"' . c. 00 W = OW > e (/)1- :J -(/) W C) O:J 0 -- AGENDA ITEM NUMBER: ~N ,i. AGENDA REQUEST Request to be placed on: May 17, 2005 Date: May 9, 2005 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Bid Award -Bid #2005-01 -Pipe Fittings and Accessories -Annual Contract. Award to various vendors at an estimated annual usage of $202,586.06. ORDINANCE/RESOLUTION REQUIRED: YES NO _X Draft Attached: YES NO _X Recommendation: Approve award to various vendors listed at an estimated annual cost of $202,586.06 for items for the City Utilities Warehouse and the Construction Division for various pipe fittings and accessories. Funding from various departments operating budgets and construction projects. Funding from account code: Department Head Signature: - -J¡ ~ ~ Detennination of Consistency with Comprehensive P n: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~~.s No Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: è!Y zt11 No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved - ------ -- - oK ~ s I If 16C" Memo To: David Harden, City Manager From: Lula Butler. Director, Community Improvem~ Date: May 10,2005 Re: Request for Appeal of a Decision by the Site Plan Review and Appearance Board Decision for an Exception to the Master Sign Program ITEM BEFORE THE COMMISSION: Consideration of a request from the agent representing "Subway", a tenant located at 660 Linton Boulevard, Bay 118, for an exception to the Master Sign Program for flat wall signs in the "Lavers International Plaza". This exception request was considered by the Site Plan Review and Appearance Board (SPRAB) at their regular meeting on February 23, 2005. The Board voted 6-0 to deny the request. BACKGROUND: The Master Sign Program for Lavers Intemational Plaza was approved by SPRAB on August 2, 1991, pursuant to Section 4.6.7(E) (2)(a) of the Land Development Regulations. The flat wall signs have individual green letters and mayor may not be illuminated. The agent requested consideration by SPRAB on February 23, 2005, for an exception to the Master Sign Program to allow corporate colors & font, and to have front lit channel letters placed on a raceway. "SUB" was proposed to have a face color of #7328 white acrylic with white trim-cap and returns, and "WAY" a yellow face #2037 (PMS #109-C) with yellow trim-cap and returns. The raceway would match the color of the building. SPRAB voted 6-0 to deny the request stating that all of the tenants have green reverse channel letters, no raceways and all the wiring is behind the wall. The Board felt the sign could incorporate their corporate font using reverse channel letters, with silhouette lighting and green colored face to meet the blanket and master sign requirements established for the shopping center. The Board also acknowledged the fact that "Subway" has conformed to color criteria different from their corporate colors in other plazas in the cities of Boca Raton, Deerfield Beach, Coconut Creek and Coral Springs. SPRAB granted approval for the use of corporate colors, fonts and logos for three out-parcel buildings in the shopping center and for the flat wall sign associated with the "Lucille's Bad to the Bone BBQ business." Section 2.4.7(B) of the LDR's allows the City Commission to grant waivers to this section of the code after making a finding of fact based on one of the following: · Shall not significantly diminish the provision of public facilities · That the sign shall not adversely affect the neighboring area · Shall not create an unsafe situation; and · Does not result in the granting of a special privilege in that the same waiver would not be granted under similar circumstances on other property for another applicant or owner. RECOMMENDATION: Staff is recommending that the City Commission uphold the decision by SPRAB to deny the request, which will require the tenant to adhere to the Master Sign Program Criteria established for "Lavers International Plaza". qA ¿ h > SIGI'ICI=lAI=TI:I=lS f:¡ ........ '!~CË . I\/~D HAR March 1,2005 o 3 2005 C/f}'" <""\ Ms. Chevelle Numbin - Ï,.¿LERK City of Delray Beach City Clerk's Office toO N.W. 1st Avenue 2nd Floor Delray Beach, FL 33444 Reference: Subway 660 Linton Blvd Delray Beach, FL Permit #: 05-95957 Process #: 05-36231 Dear Ms. Numbin: As agent for Subway, Interstate Signcrafters is requesting an appeal to the City Commission of the Site Plan Review and Appearance Board's decision on February 23, 2005. The board denied the r~quest for Subway's registered trademark colors and signage being placed on a raceway in favor of maintaining the sign criteria for the center. The criteria is green reverse channel letters with halo lighting. Please place this on tlìe City Commission Agenda at the earliest convenience. If you have any questions or"require any additional information, please do not hesitate to contact me at 561-547-3760 x 19. I look forward to hearing from you. Sincerely, ~gcr Permitting Supervisor Interstate Signcrafters, Inc. cc: John Gorgi - Subway 130 COMMERCE ROAD. BOYNTON BEACH, FLORIDA 33426 · (561) 547-3760· FAX (561) 547-3842 1591 FIFTH AVENUE· BAY SHORE NY 11706· 516-968-6879· FAX: 516-968-6897 -----~------~------- -- - · 1··".}S'ÌTE·~P~[Ä~1REViËWÄWí5~~~í¥fJ'r1 Agent: Interstate Sign Crafters Project Name: "SUBWAY" Project Location: 660 Linton Boulevard, Bay #118 "Lavers International Plaza" ITEM BEFORE THE BOARD The item before the board is an exception to the Master Sign Program, established August 2¡ 1991, for "Lavers International Plaza" also knows as the "Linton International Plaza", 660-950 Linton Boulevard. The applicant is requesting consideration to allow corporate colors & font for a flat wall sign. BACKGROUND Lavers International Plaza is located on Linton Boulevard between Lavers Avenue and SW 10th Avenue. The plaza consists of an L-shaped commercial building along with three (3) freestanding buildings that are home to "Pets Supplies Plus", "Wachovia Bank" and offices, and the "Polio Tropical" restaurant. The Master Sign Program established August 2, 1991, established one (1) free standing sign at the entrance to the plaza on Linton Boulevard, & a 2nd freestanding plaza sign at the corner of Lavers Ave. & Linton Blvd. The Board also established the tenant flat wall signs to be individual green letters, illuminated or not. Since 1991, the Board has approved corporate colors, fonts and logos for the three out-parcel buildings in the center, and for the "Lucille's Bad to the Bone BBQ", who was allowed red copy on a pink background for their flat wall sign, March 14, 2001. "Wachovia Bank" 900 Linton Blvd, was approved by the Board on July 11, 2001 to have their corporate color of white faces for their flat wall sign; "Polio Tropical" 950 Linton Blvd, was approved to have yellow copy on green background February 27¡ 2002; and "Pet Supply Plus" 800 Linton Blvd was approved to have yellow and green corporate colors for their flat wall sign February 12, 2004. On May 12¡ 2004¡ the Board approved the request to refurbish the 14-Ft high free standing sign at the main entrance to the plaza. The new color for the cabinet is green to match the flat wall tenant signs, with white copy. No corporate colors or logos were allowed. Meeting Date: February 23, 2005 Agenda Item: 111.A. · ~ The applicant "SUBWAY", 660 Linton Blvd Bay #118, is requesting use of the corporate colors & font. Their sign will be one set of front-lit raceway mounted channel letters with "SUB" in #7328 white acrylic face with white trim-cap & returns. "WAY" letters will have #2037 (pms # lOge) yellow faces, trim-cap and returns. It will be illuminated by 15mm #6500 white neon, & the raceway will match the color of the building. It will be centered over the business entrance with a minimum of I-FT between the edge of the sign and the end of the bay. ALTERNATIVE ACTION 1. Deny the request for an exception to the Master Sign Program to allow corporate colors and font for a flat wall sign for "SUBWAY", 660 Linton Blvd. Bay #118, based on failure to make positive findings pursuant to LDR Section 4.6.7(E)(2)(b). 2. Approve the request for an exception to the Master Sign Program and allow "SUBWAY" corporate colors and font for their flat wall sign at 660 Linton Blvd. Bay #118 as presented. 3. Approve the request for an exception to the Master Sign Program to allow corporate colors and font for the flat wall sign for "SUBWAY" as proposed, with direction for any changes desired by the Board. RECOMMENDATIONS Staff feels it is the Board discretion to allow corporate colors and font for the "SUBWAY" flat wall sign. Meeting Date: February 23, 2005 Agenda Item: 111.A. -- , . III. SIGNS A. Subway; 660 Linton Boulevard, Bay #118; Flat Wall SiQn; Jennifer RenneburQes, Authorized Aqent Chairman Cope inquired if any Board member wished to disclose any ex parte communications on this item. Mr. Gregory stated that he had visited the Plaza and did some research regarding the sign request. Chairman Cope invited staff to make a presentation. Ms. Andrea Strohmer, Plan Review Technician entered the file into the record and presented the item to the Board through a review of the staff report. The proposal is a request to allow corporate colors and font for a flat wall sign which is an exception to the established Master Sign Program at Lavers International Plaza. The Plaza consists of an L-shaped commercial building and three (3) free standing buildings. On August 2, 1991 the Board established the Master sign Program for the tenant flat wall signs to have individual green letters, illuminated or not. Since 1991, the Board has approved corporate colors, fonts and logos for the flat wall signs for the three out-parcel buildings in the center, and the following four businesses: "Lucille's Bad to the Bone BBQ", "Wachovia Bank"; "Polio Tropical"; and "Pet Supply Plus". On May 12, 2004, the Board approved the request to refurbish the 14 foot high free standing sign at the main entrance to the Plaza. The new color for the cabinet is green to match the flat wall tenant signs, with white copy. No corporate colors or logos were allowed. At this point on the Agenda Ms. Morrison arrived. The applicant "SUBWAY", 660 Linton Blvd Bay #118, is requesting use of the corporate colors and font. Their sign will be one set of front-lit raceway mounted channel letters with "SUB" in #7328 white acrylic face with white trim-cap and returns. 'WAY" letters will have #2037 (pms #109c) yellow faces, trim-cap and returns. It will be illuminated by 15mm #6500 white neon, and the raceway will match the color of the building. It will be centered over the business entrance with a minimum of 1 foot between the edge of the sign and the end of the bay. Staff feels it is the Board's discretion to allow corporate colors and font for the "SUBWAY" flat wall sign. 2 SPRAB Minutes 2/23/05 · Chairman Cope inquired if the applicant had any questions of staff. There were none, Chairman Cope invited the applicant to make their presentation. Ms. Jennifer Renneburges of Interstate Sign Crafters was available to answer any questions. Chairman Cope inquired if anyone from the Public wanted to speak for or against the project. There were none. Chairman Cope closed the public hearing and the Board commenced deliberations on the proposal. Mr. Gregory stated that the shopping center has really kept its character. All the tenants have green reversed channel letters, no raceways, and all the wiring is behind the wall. Mr. Gregory continued that the Board previously approved multiple colors for national tenants for the other buildings, however all tenants that are not national have conformed to the established Master Sign Program. He would accept the font type, the established green letters, and all the wring is to be behind the wall covered with a reversed raceway (metal box behind wall covering wiring). But, he wouldn't support the proposed corporate colors and set a precedent for this attractive building. Mr. Gregory stated that Subway has conformed to the color criteria in other plazas in the following Cities: Boca Raton, Deerfield Beach, Coconut Creek, and Coral Springs. In Delray Beach, the Subway at Congress Avenue and West Atlantic Avenue (Congress Square) has conformed to the color green. Mr. Gregory remarked that the Board has approved corporate colors in other shopping centers with disastrous results. Mi. Gregory explained to the other Board members that he would be recommending the following: reverse channel letter, lighting to be consistent to what is in the shopping center, and the wiring behind the wall. The other Board members agreed with Mr. Gregory. It was moved by Mr. Gregory, seconded by Ms. Stewart and passed 5-0 to approve the flat wall sign for Subway, subject to the following conditions: 1. That they keep their corporate type font. 2. That the flat wall sign be of reverse channel letters, silhouette lighting, and green in keeping with the shopping center's criteria. 3 SPRAB Mmutes 2/23/05 ---_._~-- . . 3. That the wiring be behind the wall with a reverse mounted raceway concealed to cover up the wiring. IV. MISCELLANEOUS A. South County Administrative Buildinq (Removed from the Agenda). Mr. Carter stepped down from the dais for the following project. B. Hamlet Country Club; South Side of West Atlantic Avenue, Approximatelv 1,200' West of Homewood Boulevard; Class II; Daniel Carter, Authorized AQent. Chairman Cope inquired if any Board member wished to disclose any ex parte communications on this item. As there were none, the Chairman invited staff to_ make a presentation. Mr. Estelio Breto, Senior Planner entered the file into the record and presented the item to the Board through a review of the staff report. The proposal is to replace the landscape materials within the common area along the West Atlantic Avenue frontage. During the hurricanes of 2004, the development sustained a significant loss of plant materials including numerous large Ficus trees along West Atlantic Avenue and Military Trail. In addition, the perimeter (entrance) wall along West Atlantic Avenue sustained severe damage with the falling trees and has been removed. A building permit has been issued to replace the entrance wall with a wall identical to the previous c.b.s. wall in height, type and color. Mr. Breto presented the landscape plan analysis as outlined in the staff report. The landscape plans for future phases can be approved administratively provided that they comply with LDR Section 4.6.16 and continue the theme of the current proposal. Staff recommended approval subject to the conditions stipulated in the staff report. Chairman Cope inquired if the applicant had any questions of staff. There were none, Chairman Cope invited the applicant to make their presentation. Mr. Dan Carter, Landscape Architect stated that a future phase will not be able to be approved administratively because it will involve site plan modifications. Mr. Carter stated that he can't get Stopper's or Black Ironwood's that are of substantial size and requested that he be able to work with the City Horticulturist for a tree that is equal. Mr. Carter explained that the color of the wall is to match the previous wall, which was a light Sea Green, however the Homeowners Association is looking at changing 4 SPRAB Minutes 2/23/05 -- · Date: March 30, 2005 Agenda Item No. ~ AGENDA REQUEST Agenda request to be placed on: _X_Regular _ Special Workshop Consent - ~ When: Ap 2005 Description of Agenda Item: Request to Appeal Decision by the Site Plan Review and Appearance Board Master Sign Program - Lavers International Plaza, 660 Linton Blvd Bay 118 for Subway Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Uphold SPRAB's decision to deny request Department Head Signature: ~~ ----=--. City Attornev Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: (if applicable) Account # & Description: City Manager Review: Approved for agenda: & No oJv1 Hold Until: ' Agenda Coordinator Review: Received: Action: Approved / Disapproved ~ I II CITY COMMISSION DOCUMENTATION II TO: THRU: R OF PLANNING AND ZONING FROM: ESTELlO BRETO, S SUBJECT: MEETING OF MAY 17, 2005 APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD'S DENIAL OF AN INTERNAL ADJUSTMENT FOR A CLASS V SITE PLAN, LANDSCAPE PLAN, AND ARCHITECTURAL ELEVATIONS ASSOCIATED WITH THE CONSTRUCTION OF A ONE HUNDRED AND NINE (109) UNIT TOWNHOUSE DEVELOPMENT TO BE KNOWN AS GRAMERCY SQUARE. II ACTION REQUESTED OF THE CITY COMMISSION II The action requested of the City Commission is that of consideration of an appeal of the Site Plan Review and Appearance Board's denial of an internal adjustment for a Class V site plan, landscape plan, and architectural elevations associated with the construction of a one hundred and nine (109) unit townhouse development. The subject property is located south of Points West Plaza and to the west of Military Trail, approximately 350 feet south of West Atlantic Avenue. The Site Plan Review and Appearance Board's action was taken on April 13, 2005. The action was appealed on April 27, 2005 by Bradley Miller, agent for the proposed development. This appeal is being processed pursuant to LOR Section 2.4.7(E) Appeals. L_._ -- ..-- - -. __J SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION .. ---. . -- n - ... ..- n ..-- --.-- The subject property is a 13.63 acres site bound to the south by the LWOO L-34 Canal and a low density residential development known as Country Club Acres. To the west of the site is an unincorporated property which includes five parcels of approximately one acre each. The western 60 feet of the subject property includes an access easement tract which serves these one acre lots. At its meeting of April 13th, 2005 the Site Plan Review and Appearance Board reviewed and approved the Class V site plan, landscape, and architectural elevations associated with the construction of a one hundred and nine (109) unit townhouse development to be known as Gramercy Square. The Board denied (by a vote of 1-4) an accompanying request for an internal adjustment to LOR Section 4.3.3(0) (3) (b) to reduce the required 25 foot side street building setback from the street system/access tract for Unit #1 to 19.6'; Unit #10 t018.2'; Unit #27 to 19.6'; Unit #18 to 18.2'; Unit 28 to 20'; Unit #37 to 17.9'; Unit #52 to 20'; and Unit #43 to 17.9' (see attached site plan). Mr. Bradley Miller, agent for the proposed development, has filed an appeal of that decIsion. The Board followed the established quasi-judicial procedures in considering the project. City Staff and the applicant offered testimony, which supported the development proposal and the related internal adjustment. There was public testimony from Mr Bernie Schell, of Country Club Acres and adjacent development to the south (Country Club Acres) Mr. Schell's main concern related to the wall being proposed between the two properties. qß Î City Commission Documentation Meeting of May 17, 2005 Appeal of SPRAB Action - Gramercy Square Internal Adjustment Page 2 II _. - --- ....11 APPEAL ANALYSIS -- .n .. -- ---- . -- On April 27, 2005, the Site Plan Review and Appearance Board's action was appealed by Bradley Miller, agent for the proposed development. The proposed basis of the appeal is that the action taken by the Site Plan Review and Appearance Board was inconsistent with the Comprehensive Plan and the Land Development Regulations (LDR). What follows is an excerpt of the letter of appeal presented by Bradley Miller; itA Class V site plan application for the Gramercy Square was prepared and process for review by staff and approval by SPRAB for 109 units townhouse development. As part of the application internal adjustments were requested for eight of the 109 units proposed. LOR 2.4.7(C) indicates that internal adjustments involve the lessening of development standards that affect the spatial relationship among improvements on the land. The attached Site Plan shows the highlighted units where the internal adjustments have been requested. All of these units are adjacent to roadway tracts and 5 of the 8 units have either a landscape buffer or a recreational area on the opposite side of the roadway tract. The purpose of setbacks is to provide open space, light and air between units. Even with the internal adjustments, adequate open space, light and air is provided by the roadway tract and adjacent open space areas. The requested lessening of the development standard for the side setbacks for these 8 units does not adversely affect the spatial relationship of the improvements on the land. City staff recommended approval of the internal adjustments to SPRAB, however, although supportive of the overall project, SPRAB denied the internal adjustments. There was no public opposition to the project. As stated above, we continue to believe that the internal adjustments do not diminish the practical application of the regulation and if granted will result in a superior design for the residents of the community. Accordingly, we respectfully request that this matter be considered by the City Commission and seek that the denial of the request for internal adjustment to LOR Section LOR Section 4.3.3(0) (3) (b) be reversed and approved. " Pursuant LDR Section 2.4.7(C)(5), there must be findings that the internal adjustments do not diminish the practical application of the regulations and that a superior product will be provided if the internal adjustments are granted. The requested internal adjustments are for the end units of 4 buildings, adjacent to roadways without sidewalks (see attached site plan) The proposed development has been designed with walkways between the buildings that lead to a recreational courtyard and seating areas at the rear of the buildings. Additional separation has been provided between the buildings to allow for the walkway to be built with adequate open space. The intent of the proposed development and the requested internal adjustments is to provide an open space area between buildings where the residents can interact with their neighbors while enjoying the use of the walkways, courtyards and seating areas. Compliance with the regulation would result in a reduction of the distance between buildings and an increase to the open space at both ends of the buildings which is not intended to be used by the residents. Residents will benefit and use the open space provided between buildings rather than the space at both ends of the buildings. Base upon the above, the internal adjustments will help to provide a superior product and thus, the internal adjustments will not diminish the practical application of the regulations. The relief being sought is that the denial of the request for internal adjustment to LDR Section LDR Section 4.3.3(0) (3) (b) be reversed and approved. The Board was concerned with the number of internal adjustments and waivers being requested and whether they were setting a precedent by approving them. The Board considered all public testimony and after deliberation denied the internal adjustment requested. City CommiSSion Documentation Meeting of May 17, 2005 Appeal of SPRAB Action - Gramercy Square Internal Adjustment Page 3 number of internal adjustments and waivers being requested and whether they were setting a precedent by approving them. The Board considered all public testimony and after deliberation denied the internal adjustment requested. II -- --. -. ... -. -- .. .. ._---~-- ~ RECOMMENDED ACTION . -- - - - - - - - -- - - -- .... ---- Approve the appeal based upon a finding that the Site Plan Review and Appearance Board, incorrectly considered the appropriate LOR sections and related Comprehensive Plan policies in their deliberations of the Class V site plan request for Gramercy Square. Attachments. Location Map SPRAB Staff Report Appeal Letter ;-t5 MILLER 298 PINEAPPLE GROVE WAY LAND DELRA Y BEACH, FLORIDA 33444 PLANNING PHONE . 561 /272-0082 FAX . 561/272-1042 CONSULTANTS, INC. EMAIL. mlpc@mlpc net WEB . www.mlpc net April 26, 2005 ~~~ ~--- ~ '~,J' f~~ iJ Chevelle Nubin APí~ 2 '7 2005 CITY OF DELRA Y BEACH CITY CLERK'S OFFICE " 100 NW 1st Avenue ", :¡j . , ". ''''~ ~ ' - Delroy Beach, FL 33444 Re: Gramercy Square Appeal of Finding made by SPRAB for Requested Internal Adjustment Dear Mrs. Nubin: At the Site Plan Review and Appearance Board (SPRAB) on April 13, 2005, the Class V Site Plan, Landscape Plan, Architectural Elevations and two waivers were approved for the Gramercy Square project located on the west side of Military Trail, south of Atlantic Avenue. One of two internal adjustments was also approved by SPRAB. This letter is to appeal the finding made by SPRAB, pursuant to LOR 2.4.7(E), on only the second internal adjustment that was denied. The Gramercy Square project was recently approved by the City Commission for a partial annexation, land use change and zoning for a town home development to consist of 109 units at a density of 8 units per acre. The initial request for the land use density on the western most parcel being annexed was for 12 units per acre. The Class V Site Plan application was prepared and processed for review by staff and approval by SPRAB for the 109 units. As part of the application, internal adjustments were requested to reduce the side setbacks for 8 of the 109 units. City staff found positive findings and supported the internal adjustments in their staff report and presentation to SPRAB. SPRAB was supportive of the overall project but denied the internal adjustments for side setbacks with a vote of 4 to 1. The required and requested setback and internal adjustment for each of the 8 effected units is outlined in the following table. Unit# 1 10 18 27 28 37 43 52 Required 25.0 25.0 25.0 25.0 25.0 25.0 25.0 25.0 Setback (ft) Requested 19.6 18.2 18.2 19.6 20.0 17.9 17.9 20 Setback (ft) Internal -5.4 -6.8 -6.8 -5.4 -5 -7.1 -7.1 -5 Adjustment (ft) LDR 2.4.7(C) indicates that internal adjustments involve "the lessening of development standards that effect the spatial relationship among improvements on the land". The attached Site Plan shows the entire project and the highlighted units where the internal adjustments have been requested. : All of these units are adjacent to roadway tracts and 5 of the 8 units have either a landscape buffer \ . . . . . . Chevelle Nubin Page 2 Gramercy Square - SPRAB Appeal April 26, 2005 or recreational area on the opposite side of the roadway tract. The purpose of setbacks are to provide open space, light and air between units. Even with the internal adjustments, adequate open space, light and air is provided by the roadway tract and adjacent open space areas. The , ~- requested lessening of the development standard for the side setbacks for these 8 units does not adversely effect the spatial relationship of the improvements on the land. LOR 2.4.7 (C (5 )indicates that there must be findings that the internal adjustments do not diminish the practical application of the regulations and that a superior product will be provided if the internal adjustments are granted. The requested internal adjustments are on the ends of 4 .buildings, \ adjacent to roadways without sidewalks. The Site Plan has been designed with pathways between the buildings that lead to a courtyard and seating areas at the rear of the building quads. Additional separation has been provided between the building to allow for the pathway to be builf " in an area with more open space and air. It is the opposite ends of the buildings where the internal l adjustments are being applied. These ends of the buildings are adjacent to internal roadway tracts and in 5 of the 8 units, either perimeter buffers or a recreational area on the opposite side of the roadway tract. The intent of the Site Plan and the requested internal adjustments is to provide morEf\, open space and separation between buildings where the residents will be encouraged to use the provided pathways, courtyards and seating areas and be more interactive with their neighbors. / Compliance with the regulation would result in a reduction of the space between buildings and an increase to the open space on the outside ends of the building that is not intended to be used by the residents. We believe that the residents would benefit more from the open space between ì buildings than on the ends. On this basis, the internal adjustments will provide a superior producV than if the project were to comply with the required setbacks and thus, there is a positive finding) that the internal adjustments will not diminish the practical application of the regulations. This finding is enforced by the City staff's recommendation of approval of these internal adjustments as indicated in the staff report for the Site Plan application. In closing summary, internal adjustments have been requested for side setbacks on 8 of the 109 units \ within the project. City staff recommended approval of the internal adjustments to SPRAB, however, ) although supportive of the overall project, SPRAB denied the internal adjustments at its meeting on I April 13. There was no public opposition to the project. As stated above, we continue to believe; that the internal adjustments do not diminish the practical application of the regulation and it! granted will result in a superior design for the residents of the community. Accordingly, we respectfully request that this matter be scheduled for appeal to the City Commission at their meeting on May 3.2005. Attached is the required $300 application fee. Should any additional information be required for this appeal. please notify me. Sincerely, MILLER LAND PLANNING CONSULTANTS, INC. Bradley D. Miller, AICP President cc: Estellio Breto Richard Swartz/Andy Steinberg David Ettinger/Scott Worley/Terry Smith C:\Documents and Setlings\Ailish\Local Seltings\Temp\SPRAB Appeal 042605.wpd . . . . ~ ~T-W ' T_U~ ' ~~ =='===~-=.~ -[ 'FA - -.-----L-..';; ~ h ~ ~ _ '" ¡ ,~~~ I r D~ " I _ ,I ~ ~_~ ' < ' ~:' ~ =Jr' -1-,- r OC:JII ~_LJ_ n---.L.J. -:- A V EN U E -1=1.1= J L-L..._ I ATl~7T1IC -W::P = =~_ I-----~r II "I L' --J- bo , L ~ __ < ~ - ~ o- f> _ "-= ~ ._ < _ i ~ ~ I I ~ I TI~ -=-= I DO, ô.. _ >"I~<_. I I - " f - ¡ . ; H H [E' =-_ ê ';- ._C c, 1_ '. . ~ ,~~L ~TTRI-~ R < - ..-.... .. I I == .~.~ -- ~!1Trr ......." ~ >, - - - - ~'. ~ 'm~' '1Iraír Ie- -- . .,. . !..... I ~II ~ l~iÌIÏÌT. 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ITEM: Gramercy Square - Class V Site Plan, landscaping Plan and Architectural Elevations Associated with the Construction of a One Hundred and Nine (109) Units Town House Development. ¡ KFC L J - I ~ K-'./A,R: I I GENERAL DATA: J I YARK["rpL4C£ OF DfLRA Y Owner I Applicant... . .. .. . .. . . .... Home Devco Corporation of South Florida. '" i Agent. ....... . .............. ..... Miller land Planning Consultants, ~ GPfAT WE"Srf:RN Inc. location.......... .................... .. Approximately 300 feet West of Military Trail, South of Atlantic Avenue. Property Size.... ..................... 13.63 acres Future land Use Map.. ... .... . MD (Medium Density Residential 5-1~ du/ac)) Zoning Designation............. . . RM-8 (Multiple Family Residential 8 d Adjacent Zoning......... North: PC (Planned Commercial) East: AR (Palm Beach County .. Agricultural Residential South: Palm Beach County Single Family Residential (RS) West: AR (Palm Beach County Agricultural Residential Existing land Use................ . Vacant Proposed land Use............... Town House Development Water Service......................... Municipal water service is available via connection to a 12" water main located . along Military Trail. Sewer Service........................ Sewer service is available adjacent to the site via an existing 4" force main along the west side of Military Trail. . H RW SOUL VARD IV. B. r~···--~~·.~ I TE M BEFORE THE BOARD II - ... The action before the Board is approval of a Class V site plan request for Gramercy Square, pursuant to LOR Section 2.4.5(F). The subject property is located south of Points West Plaza and to the west of Military Trail, approximately 350 feet south of West Atlantic Avenue. The request involves the following: · Site Plan; · Landscape Plan; and, · Architectural Elevations. II' , .. . . . . --------.. ------.. . n ..... -- 11 . --- ---------- BACKGROUND . -- .. -. --.- .... .. -- . -- .. --- ---- .. ... .. ---.- ------ .-.. -- -..--------- The subject property contains a 13.63 acres site located to the south of Points West Plaza and to the west of Military Trail, approximately 350 feet south of West Atlantic Avenue. The property is bound to the south by the LWDD L-34 Canal and a low density residential development known as Country Club Acres. To the west of the site is an unincorporated property which includes five parcels of approximately one acre each. The western 60 feet of the subject property includes an access easement tract which serves these one acre lots. The subject property consists of 7 separate parcels, 5 single family acre lots, the access tract described above plus Lot "A" and "B" of the Mil-Atlantic property with frontage on Military Trail. The Mil-Atlantic property includes two parcels of land (fka Carussillo-Evans property) that are divided by the L -34 Canal. The parcel to the north of the canal contains 4.19 acres and the parcel to the south contains 3.62 acres for a total of 7.81 acres. At its meeting of September 17, 1996, the City Commission annexed the southern parcel with Medium Density Residential 5-12 du/ac FLUM designation and gave it an RM-8 zoning designation. At its meeting of June 8, 1998, the City Commission annexed the northern parcel with Medium Density Residential 5-12 du/ac FLUM designation and RM-8 zoning district. On January 5, 1999 the City Commission approved a conditional use request to establish an Assisted Living Facility (ALF) and Adult Day Care for a project to be known as Mil-Atlantic ALF. At its meeting of August 8, 1999, the Site Plan Review and Appearance Board (SPRAB) approved a site plan request to establish an Assisted Living Facility (ALF) and Adult Day Care to be known as Mil-Atlantic ALF which was never built. At its meeting of December 20, 2004, the Planning and Zoning Board recommended approval to the City Commission of the voluntary annexation, FLUM Amendment from County HR-8 to City Medium Density Residential 5-12 dulac, and zoning of RM-8 (Medium Density Residential RM- 8 du/ac) for the western 5.82 acres of this property. The Board conditioned the annexation on the provision of direct access from Military Trail to the remaining single family homes west of the Gramercy. 11....,.-.-.. -.. . - .... --- . ---- - .. ... n: .__ '] PROJECT DESCRIPTION .. ...-------.. .-------..---- . ---.. ----.-------- - --- n__.. . . _ ... ________..__. _. .. . .... - . - The development proposal consists of the following: · Construction of one hundred and nine (109) fee simple townhouse units in nineteen (19) two story buildings. Site Plan Review and Appearance Board: Staff Report 04/13/05 Class V Site Plan, Landscape Plan, and Architectural Elevations for Gramercy Square Page 2 · Building Type "I", includes 10 buildings of five units each: 2 three bedroom units (1,759 sq. ft each), 3 four bedroom units (1,953 sq. ft each). · Buildings Type "II" includes four buildings of six units each: 4 three bedroom units (1,759 sq. ft. each), 2 four bedroom units (1,953 sq. ft. each). · Buildings Type "III" includes five buildings of seven units each: 4 three bedroom units (1,759 sq. ft. each), 3 four bedroom units (1,953 sq. ft. each). All units include a one car garage and space for two cars in the driveways; · Construction of a recreational area consisting of a swimming pool with deck, tot lot, rest rooms, and cabana area; · Installation of walkways and pavers brick driveways; · Installation of a paver brick entrance; and · Installation of associated parking and landscaping. The site plan application also includes the following internal adjustment and waiver requests to the LOR. · Internal adjustments to reduce the required 25 feet first/second-floor front building setback from the street system/access tract [LOR Section 4.3.3 (0) (3) (b)]: For Units #79 through #90 and #98 through #109: to 23 feet for all units · Internal adjustments to reduce the required 25 feet first/second-floor side street building setback from the street system/access tract [LOR Section 4.3.3 (0) (3) (b)] as follows. Unit #1 to 19.6'; Unit #10 t018.2'; Unit #27 to 19.6"; Unit #18 to 18.2'; Unit 28 to 20'; Unit #37 to 17.9'; Unit #52 to 20'; Unit #43 to 17.9'; · A waiver to eliminate the required two feet (2') wide landscape or grass area between the sidewalk and the street pavement or curb section [LOR Section 6.1.3(B)(3)]; · A waiver to reduce the required roadway pavement width from 24 feet to 20 feet [LOR Section 6.1.2(C) (3) (a)]; · A waiver to reduce the required 5 feet width landscape barrier between the individual unit lot lines and vehicular use areas (driveways) from 5 feet to 2 feet [LOR Section 4.6.16 (H)(3)(d)]. II.... .._ . ._- - --- ... --=== - ..- ~ SITE PLAN ANALYSIS n _. __. _ _____ _ ________ _______ ------.- - .- --- - - . ---- --..-- - - -.. .-- .-. -- COMPLIANCE WITH THE lAND DEVELOPMENT REGULATIONS: Items identified in the land Development Regulations (lOR) shall specifically be addressed by the body taking final action on the site and development application/request lOR Section 4.3.3(0) Townhouses and Townhouse Type Development: The following special requirements apply to townhome or townhouse development and to apartment complexes, which are designed in the style of a townhome. Site Plan Review and Appearance Board: Staff Report 04/13/05 Class V Site Plan, Landscape Plan, and Architectural Elevations for Gramercy Square Page 3 Subdivision Plat: Pursuant to LOR Section 4.3.3(0)(2), each townhouse, or townhouse type development shall be platted and each unit must be shown on the plat with a minimum designation of the interior street as a tract. The plat must be recorded prior to issuance of any building permits, and is attached as a condition of approval. The homeowner's documents for the proposed development must also be submitted with the plat application. Setbacks: Pursuant to LOR Section 4.3.3(0) (3) (a), setbacks from the perimeter of the overall project should be as established by the base zone district requirements. Pursuant to LOR Section 4.3.3(0) (3) (b), setbacks interior to the site shall be measured from the platted street system. The required setbacks within the RM zoning district and the minimum provided setbacks are as follows: Standard Provided Buildina Setbacks (min.): Perimeter- Front (1 & 2 story) 25' 82' - 89' Side Interior (1 & 2) 15' 26' - 64' Side Street (1 & 2) 25' NA Rear 25' 25' - 59' Interior - Front (Street System/Access Tract) 25' 25' and 23' Side (Street System/Access Tract) 25' 17.9' - 25' Front and Side Street Setback - Internal Access Tract As per the above table the proposed development for certain units does not meet the required first and second floor front setback from the interior street system. The applical)t has requested an internal adjustment to reduce the building setbacks accordingly. The following is an analysis of such request: Internal adjustment Analysis LOR Section 2.4.7 (C) Findings: Pursuant to LOR Section 2.4.7.(C)(5) concurrent with granting relief from a development standard or regulation, the granting body must make a finding that such relief does not diminish the practical application of the affected regulation (requirement) and that by granting such relief a superior product will result. The applicant has provided the following justification for the internal adjustment request: "The following is a brief description of what we believe to be good cause to receive approval for the internal adjustment: · The purpose of the adjustment is to provide for additional open space between the backs of units or the end of units. · To provide more usable common area for the resident of the community. · To provide the separation of the units from the roadways. The practical application of this requirement is to provide structures that do not appear overly massive or crowd the site on which they are located. Each building will only be two-stories in height which reduces any concerns with massing along the proposed interior streets. Site Plan Review and Appearance Board: Staff Report 04/13/05 Class V Site Plan, Landscape Plan, and Architectural Elevations for Gramercy Square Page 4 The width of the lot for this proposed development does set some limitations for the design and location of the buildings and proposed improvements. The site has a diminishing north to south width from approximately 570 feet to 280 feet. However, the sidewalk system proposed, interior court yard walkways and the variations provided in the front elevations will promote an attractive pedestrian friendly environment throughout the development. The garages have been set back a minimum of 18 feet to 20 feet in order to ensure that a parked vehicle will not encroach into the sidewalk and impede pedestrian access. Thus, the practical application of the regulation will remain intact, and the provision of a superior product will be provided. Consequently, a positive finding with respect to LOR Section 2.4.7(C) (5) can be made. Design Standards: As described below, the development proposal complies with the design standards for townhouse developments as outlined in LOR Sections 4.3.3(0)(4)(a) through (d): a) No more than two (2) townhouses may be constructed without providing a front setback of no less than four feet ( 4') offset front to rear. The purpose of this requirement is to prevent a long linear appearance. The proposed development contains 10 five unit buildings, 4 six unit buildings and 4 seven unit buildings which provide variations in the front elevations. The center units are offset approximately five to seven feet from the end units. Thus, the intent of the code has been met. b) No townhouse row shall consist of more than 8 units or a length of 200 feet. The proposed development contains ten 5 unit buildings which are 120 feet 8 inches wide; 4 six unit buildings which are 144 feet 8 inches wide and 5 seven unit buildings which are 168 feet 8 inches wide. Thus the proposed development meets this code requirement. c) Service features, garages, parking areas, and entrances to dwelling units shall, whenever possible, be located on a side of the individual lot having access to the interior street. Walkways should be designed to connect dwelling units with each other and connect each dwelling unit with common open space. A 5 foot concrete sidewalk is proposed along the interior street system and in-front of each building. This sidewalk system connects all the units with the tot lot area, mail kiosk, pool and cabana area and to the existing sidewalk along Military Trail. Modifications to the site plan need to be made to indicate the location of the sidewalk system along Military Trail, and thus, it is attached as a condition of approval. The pedestrian access to the end units can be taken directly from the proposed pavers driveways. Also, walkways have been proposed from the driveways to the entrance of the end units, so that guest and residents can have direct access. d) Not less than 25% of the total area, less water bodies, shall be usable open space, either for recreational or some other suitable purpose, public or private. The basis for this standard is to assure that larger residential developments provide adequate recreational amenities. A tot lot, pool and cabana area are part of the amenities offered by this development. However, pursuant to LOR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $54,500 will be required of this development for parks and recreation purposes prior to issuance of a building permit and it is attached as a condition of approval. Site Plan Review and Appearance Board: Staff Report 04/13/05 Class V Site Plan, Landscape Plan, and Architectural Elevations for Gramercy Square Page 5 It is noted, however, that a 1.31 acres lake with littoral planting is being proposed and that 42% of the balance of the site will be open space. Thus, the proposed development meets this code requirement. LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LOR Section 4.3.4(K), as it pertains to the RM zoning district requirements: Standard Provided Buildina Heiaht: 35' 35' Open Space: 25% 42% Maximum Lot Coveraqe: 40% 20% Minimum Floor Area: Three Bedroom 1,250 sq. ft. 1,759 sq. ft. Four Bedroom 1,500 sq. ft. 1,953 sq .ft. Special Landscape Setback: Pursuant to LOR Section 4.4.3(H) (6)(b)(6), within the special landscape setbacks, no structures shall be erected, altered, or reconstructed; nor shall any paving be allowed except for driveways and sidewalks leading to structures on the premises. Such driveways and walkways shall be generally perpendicular to the property line. Along Military Trail, from the L-38 Canal northward to the L-30 Canal, a special landscape area is required. This landscape area shall be smallest distance of either 30 feet or 10% of the average depth of the property; however in no case shall the landscape area be less than ten feet. The development proposal has provided a thirty foot landscape area within the front yard setback without any paved area and has included a berm with substantial landscape material; thus meeting the requirements of LOR Section 4.4.19(H) (2). LDR Section 4.4.6 Medium Density Residential (RM) Zonina District: Special Regulations: Pursuant to LDR Section 4.4.6(H) (3), recreational areas shall be required for all new rental apartments' developments and of owner occupied developments which have homeowner associations that must care for retention areas, private streets or common areas. New developments must include recreational features that are designed to accommodate activities for children and youth of all age ranges. Tot lots are appropriate for toddlers; features such as a basketball court, volleyball court, and open playfields are appropriate for older children. A pool and clubhouse, unless specifically design for children, is not considered to meet this requirement. Projects having fewer than 25 units may be exempted from this standard where it is determined by the approving body that it is not practical or feasible to comply. The proposed development has included a swimming pool with a cabana area, and a tot lot appropriate for toddlers. Providing seating areas for parents at the tot lot is appropriate and it is attached as a condition of approval. Also passive recreational court-yard walkways with street furniture are proposed between many of the units. Based upon the above, compliance with this code requirement has been achieved. Site Plan Review and Appearance Board: Staff Report 04/13/05 Class V Site Plan, Landscape Plan, and Architectural Elevations for Gramercy Square Page 6 Performance Standards: Pursuant to LOR Section 4.4.6(H)(1), a minimum density of six (6) units per acre is established for multiple-family housing projects within this district. Density may exceed the base of six units per acre only after the approving body makes a finding that the project has substantially complied with performance standards as listed in LOR Section 4.4.6(1). In no event shall a development's total density exceed twelve units per acre. The intent of the standards is to mitigate the impacts of the additional density both external and internal to the site. If a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of City's Comprehensive Plan and Land Development Regulations, then the project will be awarded the maximum density. Projects which only partially achieve these standards will be permitted a lower density. The property is zoned RM-8 and the proposed (109) unit townhouse development represents 8.0 units per acre. Thus, the development proposal is required to meet the development standards as listed in LOR Section 4.4.6(1). These performance standards and the extent to which they have been met are as follows: a) The traffic circulation system is designed to control speed and reduce the volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exits into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 25 m.p.h. The 109 townhouses have been oriented along the perimeter of an interior street system, which ends in the access easement tract located along the west property line and begins with a landscaped elliptical island located at the entrance of the development. Traffic calming devices consisting of paver brick crosswalks have been proposed at the entrance to the recreational pool area, the tot lot area, and other strategic locations. These traffic calming devices will control speed within the development. The applicant has also indicated that a 20 m.p.h. speed limit will be posted for the development. These proposed elements should be adequate means to control speed within the development. Therefore, the proposed development complies with this performance standard. b) Buildings are placed along the development in a manner that reduces the overall massing, and provides a feeling of open space. Despite the configuration of the lot, which has a north to south diminishing width, the proposed two story buildings have been placed on the site in a manner that maximizes the view of the open spaces. Given the location of the proposed 1.31 acres lake on the north side of the canal, the town home units, the tot lot area, and the pool area have been placed in a manner that maximizes the view of the proposed lake. The proposed development contains 10 five unit buildings, 4 six unit buildings, and 5 seven unit buildings which provide variations in the front elevations. All buildings will be two stories in height. These features will help lessen the potential perception of massing of the development. While internally the development appears tight substantial setbacks and landscape material to the exterior of the development provides a feeling of open space to the public. Thus, the proposed development complies with this performance standard. c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Site Plan Review and Appearance Board: Staff Report 04/13/05 Class V Site Plan, Landscape Plan, and Architectural Elevations for Gramercy Square Page 7 Buildings setbacks are increased by at least 25% of the required minimum; at least one tree over 30 linear feet (or fraction thereof) is provided; tree exceed the required height at time of planting by 25 % or more; and a hedge, wall or fence is provided as a visual buffer between the properties. The following zoning designations and uses abut the subject property: I I Zoning Designation I Use I North: Planned Commercial (PC) Shopping Center (fka Babies uRn Us Plaza) South: Palm Beach County Single Family Single Family Subdivision (Country Residential (RS) Club Acres West) East: Palm Beach County Agricultural Single Family Subdivision (Country Residential (AR) Club Acres East) West: Palm Beach County Agriculture Three Single-Family Residences & Residential (AR) Three Vacant Lots The adjacent single family subdivision to the south (Country Club Acres) across the L-34 Canal, has a Palm Beach County land use designation LD (Low Density Residential) and an advisory City Land Use designation of Low Density Residential 0-5 du/ac. The abutting property to the west is also of a lower density and has a Palm Beach County land use designation of HR-8 with an advisory City land use designation of Transitional and is zoned County AR (Agricultural Residential). North of the subject property is a shopping center which has a has a City Land Use Designation of GC (General Commercial) and is zoned PC (Planed Commercial). The development proposal has accordingly increased and enhanced the landscaping along the west and south property line by providing a 10 foot wide buffer which includes Live Oaks and Green Buttonwoods trees 14 feet high planted 30 feet on center. A concrete panel wall six feet high is also proposed with a 60 inch Ficus hedge along the wall with under- planting of Fire Bush and Fakahatchee Grass. Three existing trees along the west property line adjacent to Polk Road (Sabal Palm, Pine and Ficus) are to remain. Along the west property line adjacent to the 60 foot access easement 12 foot high Live Oaks and Green Buttonwoods trees planted 30 feet on center with a Ficus hedge planted 2 feet on center is proposed. Also, a 4 foot high chain link fence black vinyl coated will be provided. It is recommended and attached as a condition of approval that the Live Oaks and Green Buttonwood trees proposed along the south and west property line are planted at 25 feet on center. The proposal has increased the landscaping width and material size adjacent to the residential single family developments. Thus, the development proposal complies with this performance standard. (d) The development offers varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Buildings elevations incorporate diversity in window and door shapes locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. Site Plan Review and Appearance Board: Staff Report 04/13/05 Class V Site Plan, Landscape Plan, and Architectural Elevations for Gramercy Square Page 8 The proposed interior streetscape incorporates building offsets as well as some variations in the roofline The roofline is a combination of Spanish concrete US" tile gable and hip roofs. Diversity among the windows will be accomplished with the provision of four (4) different window shapes. The front elevations of the buildings contain the entries to individual units with alternating designs. The garages will help to set apart and distinguish the individual units with the one-car garages receiving an arched stucco band above the door. The architectural elevations will also include many features and design elements, such as decorative molding, aluminum tile accent, and arches. The proposed architectural style (Mediterranean) will create the varied streetscape and building design required by this performance standard; thus a positive finding can be made with respect to this performance standard. (e) A number of different unit types. Sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. The project provides three and four-bedroom units along with one-car garage and a two car driveway. The three-bedroom units are 1,759 square feet and the four-bedroom units have 1,953 square feet Variety has been provided to accommodate households of various sizes and ages. Based upon the above, this standard has been accommodated. (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas, which provide open space and native habitat, are created and incorporated into the project. The site has been disturbed and thus, no natural areas exist on site to be preserved. The development has attempted to address this comment in part with the introduction of littoral planting areas in the newly created lake. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. The project includes a sidewalk system and interior court yard walkways that connect each building, the poollcabana recreation area, the tot lot and Military trail at the entrance to the development which will provide a pedestrian connection to available transit stops. Consequently, the residents or guests that park on the driveway can walk from the driveway to the walkway that leads into the entrance of end units. As discussed in greater detail later in this staff report, the development is required to provide a bus shelter easement at the northeast corner of the property which has been indicated on the site plan. In conclusion, a finding of substantial compliance can be made with regard to performance standards (a), (b), (d), (e), and (g). Performance standard (c) have only partially been met. Therefore based on the above arguments positive findings can be made with respect to five (5) of the seven (7) performance standards and the performance standard requirements of the RM zoning district will have been adequately addressed to support the proposed density of 8.0 units per acre. Site Plan Review and Appearance Board. Staff Report 04/13/05 Class V Site Plan, Landscape Plan, and Architectural Elevations for Gramercy Square Page 9 LDR Article 4.6 - Supplemental District Reaulations: Lighting: A site lighting and photometrics plan has been provided and is in compliance with LOR Section 4.6.8. There will be 50 street light poles along the proposed street system. However, there are no details provided on the plans of the light poles or wall mounted fixtures above the garage entries. Therefore, it is attached as a conditional of approval that light poles and wall mounted fixtures details are provided. Once the provision of these details as noted above are provided, this requirement will have been met. Parking: Pursuant to LOR Section 4.6.9(C)(2)(c), two or more bedroom dwelling units shall provide two (2) spaces per unit and one-half (0.5) a space of guest parking per dwelling unit up to the first 20 units, 0.3 spaces per unit for units 21-50, and 0.2 spaces per unit for units 51-109. Thus, the one hundred and nine (109) unit development is required to provide two hundred and forty nine (249) total parking spaces. Pursuant LOR Section 4.6.9 (c) (2), within townhouse developments, driveways may be used for guest parking, provided that such parking does not result in the space for one unit impeding access to a space of the other. The development proposal will provide a total of three hundred and fifty one (351) parking spaces. Three hundred and twenty seven (327) parking spaces are provided within 109 - one car garages, two within each driveway and 24 parking spaces are provided as guest parking spaces along the interior street throughout the development. It is noted, that driveways can be utilized as guest parking for individual units. Therefore, this requirement has been met. Bicycle Parking: Pursuant to LOR Section 4.6.9(C) (1) (c) and Transportation Element Policy 0-2.2 of the Comprehensive Plan, bicycle parking facilities have been provided in close proximity to the pool/cabana recreational area and the tot lot. Placing the bicycle parking facility at those locations will provide a greater level of usability for residents and guests. It is anticipated that the occupants of the residential dwelling units will utilize their individual units for storage of their bicycles. Thus, this LOR requirement has been met. Other Items: Sidewalk Landscape Area: Pursuant to LOR Section 6.1.3(8) (3), a strip of grass or other landscaped area of at least two feet (2') in width, shall separate sidewalks from the street pavement or curb section. The applicant has requested that a waiver be granted to this requirement that would allow the sidewalk to be constructed immediately adjacent to the curb section of the interior street (0' separation). It is noted that pursuant to LOR Section 2.2.2(0) (1), the SPRA8 does not have the authority to grant a waiver to this requirement; therefore a recommendation to City Commission for the approval or denial of the waiver is requested of the 80ard. The following is an analysis of the waiver request: Waiver Analvsis: Pursuant to LOR Section 2.4.7(8) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: Site Plan Review and Appearance Board: Staff Report 04/13/05 Class V Site Plan, Landscape Plan, and Architectural Elevations for Gramercy Square Page 10 (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided the following justification for the waiver request: "The proposed site plan indicates no separation between street and sidewalk so that a larger landscaped area can be provided for each unit rather than a two foot (2) landscape strip that is not large enough to plant anything substantial". While the two foot wide landscape strip does not allow for a substantial amount of planting area, the purpose of the requirement is not to bring green area up to the street, but to provide a separation between pedestrian and vehicular traffic. The 109 units· within the development have been oriented around two looped interior streets with several paver brick crosswalks scattered along the interior street system. Pursuant to LOR Section 6.1.2(C) (3) (a), the minimum paving width for an interior road is 24 feet. The development proposal provides only a 20 foot wide interior street. The required 2 foot wide strip of grass is meant to provide a separation between the pedestrian sidewalk and vehicular traffic mainly for safety reasons. The street cross section indicates that a valley curb is to be provided immediately adjacent to the 20 foot roadway. In absence of a type 0 curb the requested waiver can not be supported since adequate protection for pedestrians is not provided. Therefore, positive findings can not be made with respect to LOR Section 2.4.7(B) (5) and SPRAB should not forward a recommendation of denial to the City Commission. Bus Shelter: Pursuant to Transportation Element Policy A-1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Oelray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. As a Palm Tran bus stop already exists at the northeast corner of the site, it was considered appropriate that a bus shelter easement be provided and has been indicated on the plan. The provision for half the cost of a bus shelter $7,500 is required with this development and is attached as a condition of approval. Plat: As the development proposal will require the combination of individual properties as well as the abandonment and dedication of easements, a plat must be processed and recorded prior to issuance of a building permit and is attached as a condition of approval. Street Improvement Obligations: Pursuant to LOR Section 6.1.2(A) (2) (b), when a street or alley is located on a boundary of a project, the project is responsible for providing one-half of the current costs (in cash funds) of such improvements along its property line. 51st Street Terrace South (a 60 feet access tract), which abuts the west side of the subject property, is only partially improved at present. Therefore, based upon the above, the project is responsible for payment of one-half the costs of improving the 51st Street Terrace South right-of-way, and the provision of said funds is attached as a condition of approval. Site Plan Review and Appearance Board: Staff Report 04/13/05 Class V Site Plan, Landscape Plan, and Architectural Elevations for Gramercy Square Page 11 Ingress and Egress Easement: The proposed development will require the abandonment of an existing access easement along the north property line (30 feet ingress and egress easement). An application for the abandonment of the north 30 ingress and egress easement must be submitted and approval by City Commission. Other Utilities: Bell South has requested a utility easement along the roadway system to provide phone service. FPL has also requested a 10 foot utility easement throughout the entire development to provide service. Thus, it is attached as a condition of approval that a 10 foot utility easement is provided and be noted on the plat. Currently the site plan shows a 15 foot easement and modification of the site plan is requested. It is noted that any trees and hedges to be planted within the requested Bell South and/or FPL easement require a letter from the easement holder. Reduction of Pavement Width: Pursuant to LOR Section 6.1.2(C) (3) (a), the minimum paving width for an interior road is 24 feet; however the paving width of the interior roadway within the subject development proposal is only 20 feet. Therefore, the applicant has requested a waiver to reduce the minimum width. This reduction can only be supported if a prohibition of on-street parking is enforced throughout the community. The prohibition is to be addressed in the homeowners' documents. It is noted that pursuant to LOR Section 2.2.2(0) (1), the SPRAB does not have the authority to grant a waiver to this requirement; therefore a recommendation to City Commission for the approval or denial of the waiver is requested of the Board. The following is an analysis of the waiver request: Waiver Analvsis: Pursuant to LOR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Pursuant to LOR Section 6.1.2(C), upon the recommendation of the City Engineer, and with the approval of the Fire Marshal, the City Commission may authorize a reduction in the minimum required width of paving if it is determined that the requirements of this subsection would not be feasible or would constitute a hardship in a particular instance and provided this reduction would not endanger public safety and welfare. The development proposal provides a 20 foot wide street with two feet of valley gutter on both side of the pavement. The City Engineer and Fire Marshal have previously supported reductions that have been granted to the standard aisle width for other townhouse projects such as Atlantic Palm, Atlantic Grove and Legacy at Sherwood Forest. In this particular request, the two foot valley gutter on either side of the road will provide sufficient area for large emergency vehicles to navigate the road. The reduction can be supported subject to the condition that the Home Owner's Association documents contain a Site Plan Review and Appearance Board: Staff Report 04/13/05 Class V Site Plan, Landscape Plan, and Architectural Elevations for Gramercy Square Page 12 prohibition on the parking of vehicles within the street access tracts. Consequently, a positive finding with respect to LOR Section 2.4.7(B) (5) can be made. Underground Utilities: Pursuant to LOR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. Therefore, it is attached as a condition of approval that all existing and proposed utilities associated with the development must be located underground. Site Plan Technical Items: While the revised site plan has accommodated most of the staff concerns the item contained in Exhibit "A" remain outstanding, and must be addressed prior to building permit submittal: [~~~::. ~"_=_~i-:-~~~D.S·~·~~_~ A-N~_Ç-y~~_~__ _ _ .. ~. ___J The proposed development has increased the landscaping adjacent to the lower density residential single family developments on the south and west property lines, in an attempt to mitigate any potential impacts. The development proposal has accordingly increased and enhanced the landscaping along the west and south property line by providing a 10 foot wide buffer (5 foot required) which includes Live Oaks and Green Buttonwoods trees 14 foot high planted 30 feet on center. A concrete panel wall 6 feet high is also proposed with a 60 inch Ficus hedge along the wall with under-planting of Fire Bush and Fakahatchee Grass. Three existing trees along the west property line adjacent to Polk Road (Sabal Palm, Pine and Ficus) are to remain. Along the west property line adjacent the 60 feet access easement 12 feet high Live Oaks and Green Buttonwoods trees planted 30 feet on center with a Ficus hedge planted 2 feet on center is proposed. Also, a 4 feet high black vinyl coated chain link fence will be provided. It is recommended and attached as a condition of approval that the Live Oaks and Green Buttonwood trees proposed along the south and west property line be planted at a maximum of 25 feet on center with a minimum height of 14 feet. Along Military Trail on the east property line a 30 feet special landscape setback has been provided. An undulated berm which includes Live Oak, Sabal Palm, Florida Thatch Palm, Pink Trumpet, Red Crape Myrtle, and Calypso trees 12 feet high under-planted with Jamaica Caper, Stokes Dwarf, Fire Bush, Saw Palmetto and Fakahatchee Grass are proposed. The elliptical landscape island at the entrance contains the free standing monument sign and will have two Washington Palms under-planted with Fire Bush and Stokes Dwarf along the perimeter of the landscape island with Annual. Flanking the main entrance to the development Florida Royal Palm trees under-planted with a Ficus hedge is proposed. Along the north property line twelve Pink Trumpet trees and six Dahoon Holly trees are proposed. There is an existing 10 feet high hedge along this property line and a 4 foot high black vinyl coated chain link fence will be added to buffer the commercial development located to the north of the property. Around the pool and cabana area Brazilian Beauty Leaf, Cassia, Sabal Palm, and Mahogany trees under planted with Jamaica Caper, Fire Bush, Wax Jasmine, Purple Showers, Red Tip Cocoplum and Fakahatchee Grass are proposed. Each town house unit driveway will be separated by a 42 inch high Podocarpus hedge and a landscape area which contains a Mahogany tree under-planted with Glory Bush, Red Tip Cocoplum, Purple Showers, Ficus Green Island, and Dwarf Fakahatchee. Along the interior court yards Sabal Palms, Cassia trees, Green Buttonwood, and Pink Trumpet Trees under- planted with Tryallis and Fire Bush around the benches and walkways are being proposed. Site Plan Review and Appearance Board: Staff Report 04/13/05 Class V Site Plan, Landscape Plan, and Architectural Elevations for Gramercy Square Page 13 However, it is noted that most of the proposed units (driveways) do not have the required minimum 5 feet wide landscape strip. Pursuant to 4.6.16 (H)(3)(d) a landscape barrier shall be provided between the off street parking area or other vehicular use area and abutting properties. A landscape barrier shall be located between the common lot line and the vehicular use area in a planting strip of not less than five feet in width. It shall be composed of a hedge and one (1) shade tree for every thirty linear feet. The applicant has requested a waiver to this requirement. The following is an analysis of the waiver request: It is noted that there are no foundation planting proposed for the buildings, and no plantings on the back of the units except the screening of the air conditioning units. Thus, it is attached as a condition of approval that foundation landscaping material and ground cover be included with each building structure. The Saw Palmetto plants being proposed adjacent to the tot lot area is not advisable since they have very sharp, stiff points on the fronds. Thus, it is recommended and attached as a condition of approval that the proposed Saw Palmetto adjacent to the tot lot area be replaced by a more appropriate species. Based upon the above and provided that the conditions of approval are met, positive findings can be made with respect to LOR Section 4.6.16. Waiver Analvsis: Pursuant to LOR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The intent of the proposed development is to provide a town house development that fits into an urban setting with the units closer to each other and to the road while providing adequate landscaping. The provision of the required 5 feet wide landscape strip would reduce the parking area in front of the units and consequently the required minimum width for the driveways. Given the limited width of townhouse units it is impossible to provide both adequate parking spaces behind the garages and 5 feet minimum landscape strips. Further, the intent of this regulation is geared to common lot lines between large properties. The requested waiver can be supported since it will not create an unsafe situation. Therefore positive findings can be made with respect to LOR Section 2.4.7(B) (5) and SPRAB should forward a recommendation of approval to the City Commission. Landscape Plan Technical Items: While the revised landscape plan has accommodated most of the staff concerns the following items remains outstanding, and must be addressed prior to building permit submittal: 1. The utility plans are conceptual. All utilities shall be shown on the landscape plans, including site lighting, telephone, cable television, electric and everything else that could have an effect upon landscaping. 2. There are no foundation planting proposed for the buildings, and there no plantings on the back of the units except the screening of the air condition units. Site Plan Review and Appearance Board: Staff Report 04/13/05 Class V Site Plan, Landscape Plan, and Architectural Elevations for Gramercy Square Page 14 3. The Saw Palmetto tree being proposed adjacent to the tot lot area is not advisable since they have very sharp, stiff points on the fronds 4. There is a discrepancy between the engineering plans and the landscape plan regarding the location of utility easements. The easement shown on the landscape plan begins at the edge of the pavement of the adjacent road, but the easement begins at the property line on the engineering plans. Based upon the landscape plan it appears that most of the proposed trees have been kept out of the easements. However the trees were shown to be immediately adjacent to these easements. Pursuant to 4.6.16 (D)(4)(b) trees shall not be planted within ten feet of any underground utilities. If the engineering plans are correct, then no street trees could be installed. In other cases, trees located in the rights-of-way are shown within one foot of the sidewalk. 5. Based upon the tree survey provided, only two trees from a list of 124 trees will be saved. Several of the Live Oaks that are in good conditions should be relocated on site, with a tree spade. 6. Pursuant to 4.6.16 (H)(3)(d) a landscape barrier shall be provided between the off street parking area or other vehicular use area and abutting properties. A landscape barrier shall be located between the common lot line and the vehicular use area in a planting strip of not less that 5 feet in width. It shall be composed of a hedge and one (1) shade tree for every 30 linear feet. Many of the proposed units (driveways) do not have the minimum separation. r: ~.~ =~ __._~_. -.- Ä R ~ H '( i ~ ~. T' q ~.~. L ~~ E ~ E"~ .A__T ION ~::__. . _=_---.- ._~.. _J LOR Section 4.6.18(E) Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: (1) The plan or the proposed structure is in conformity with good taste; good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The architectural style is of Mediterranean influence. A rendering of the elevations has been submitted along with a narrative description of the elevations. The elevations and the proposed interior streetscape incorporate building offsets as well as adequate variations in the roofline. The roofline is a combination of Spanish "S" tile gable and hip roofs. Diversity among the windows will be accomplished with the provision of four (4) different windows shapes. The front elevations of the buildings contain the entries to individual units with alternating designs. A simulated stucco band painted white is proposed that clearly differentiate the first and the second floor for each town home unit and building. This simulated stucco band is also proposed as a decorative water line for each building. The garages and a different color palette will help to set apart and distinguish the individual units with the one-car garages receiving an Site Plan Review and Appearance Board: Staff Report 04/13/05 Class V Site Plan, Landscape Plan, and Architectural Elevations for Gramercy Square Page 15 arched stucco band above the door. The architectural elevations will also include several features and design elements, such as decorative molding, aluminum tile accent, and arches. Primary walls will have a dark Nantucket gray and also a light Wickham gray color, while the secondary walls will be painted with a light brown color. The trim will have a white Dove color as well as the arches placed above the windows and garage doors. The proposed barrel tiles will have a dark terra cotta color. The architectural style (Mediterranean) will create an attractive and varied streetscape and building design required along Military Trail. The proposed architectural elevations will be an enhancement to the area. Thus, positive findings with respect to LOR Section 4.6.18(E) can be made. ~-- ---- ...- -. __~ ~,_~_~_I ~-:~ D :.~·F.~ Ñp_1 ~ G.S ~~._=-- =~~-~~J 1.__- _.. ~ -=_n -==- . . --- 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, written materials submitted by the applicant, 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 areas: Section 3.1.1 (A) - Future land Use Map: The subject property has a Future Land Use Map designation of Medium Density Residential 5- 12 units per acre (MD), and is zoned Medium Density Residential - 8 units per acre (RM-8). Pursuant to LOR Section 4.4.6(8) (3), within the RM zoning district, multiple family structures are allowed as a permitted use, subject to compliance with the performance standards of LOR Section 4.4.6(1), which was discussed previously in this report. The RM zoning district is typically limited to a maximum density of 12 units per acre; however the subject property is further limited to 8 units per acre based upon the affixed numerical suffix. As the proposed density is 8.0 units per acre, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (8) - Concurrency: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, and solid waste. Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions): As described in Appendix 8, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) - Compliance with the land Development Reaulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the Land Development Regulations can be made, when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies and objectives are noted: Future land Use Element Obiective A-1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of Site Plan Review and Appearance Board: Staff Report 04/13/05 Class V Site Plan, Landscape Plan, and Architectural Elevations for Gramercy Square Page 16 soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The subject property did contain three single family homes (west parcel) and the balance is two large vacant lots abutting Military Trail. These single family homes have been demolished and the property is currently a vacant lot. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed multiple family townhouse development. The Housing Element of the Comprehensive Plan calls for the provision of infill housing as well as the development of property to provide a variety of housing types. This development proposal fulfills these needs. The existing single family subdivision located to the south has a designated land use of LD (Low Density residential). The subdivision is separated by the LWDD L-34 canal and landscape buffering will have to be provided around the perimeter of the subject property to mitigate any potential impacts. Housing Element Policy A-12.3 - In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The subject property is adjacent to residential zoning districts to the south Country Club Acres (Palm Beach County Single Family Residential - RS), to the west (Palm Beach County Agriculture Residential - AR) and to the east Country Club Acres (Palm Beach County Agriculture Residential - AR) and to the north by West Pines Plaza (Planned Commercial, PC). The development proposal has accordingly increased and enhanced the landscaping required along the perimeter of the development to provide a meaningful separation between these residential districts and the proposed development. The development will not increase noise, odor, or dust. Based upon the Palm Beach County Trip Generation Rates the new trips generated for the development will be 733 total daily trips (7 x 109 - 30 = 733). These trips can be accommodated in the adjacent roadway. Based upon the above, the proposed development will not negatively impact the stability of the adjacent residential areas. Transportation Element Policy A-1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. Pursuant to Transportation Element Policy A-1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element, will coordinate with Palm Tran to improve the system. As a Palm Tran bus stop already exists at the northeast comer of the site, it was considered appropriate that a bus shelter easement be provided. The provision of a bus shelter easement and the half funding of a bus shelter is $7,500 is required and attached as a conditions of approval. Open Space and Recreation Element Policy A-3.1 - Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Site Plan Review and Appearance Board: Staff Report 04/13/05 Class V Site Plan, Landscape Plan, and Architectural Elevations for Gramercy Square Page 17 The development proposal includes recreational facilities such as a swimming pool, cabana area, and tot lot. The tot lot is appropriate for toddlers, and the swimming pool is appropriate for children and adults. Thus, the recreation area provided is considered appropriate. Based upon the above arguments, compliance with the above regulation has been achieved. Open Space and Recreation Element Policy B-1.3: New developments shall provide central focal points at entries and landscape buffers along the external (arterial, collector) streets which service them. The proposed landscape plan does include a substantial landscape buffer along the external street (Military Trail). This landscape buffer includes Live Oak trees, Sabal Palms, Pink Trumpet and Calypso trees, Crape Myrtle, and Florida Thatch Palm, under-planted with Saw Palmetto, Jamaica Caper, Stokes Dwarf, Fire Bush and Fakahatchee Grass. A focal point (Landscape Island) at the entry of the development IS also being provided. The focal point includes: two Washington Palms planted at the southern edge of the landscape island under-planted with Fire Bush. Also, Stokes Dwarf will be planted along the perimeter of the landscape island with under-planting of seasonal annuals on the eastern edge of the landscape island. Housina Element Objective B-2 - Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: Housina Element Policy B-2.2 - The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area, and for infill projects having fewer than 25 units. All of the one hundred and nine (109) proposed town homes provide three (3) and four (4) bedrooms within nineteen (19) two-story buildings. The residential development is designed to accommodate families with children. Such goal is accomplished by providing a townhouse product that has a one car garage and two car driveway, large room sizes, appropriate recreational facilities including a swimming pool, cabana area and a tot lot, and differing floor plans that could appeal to different age groups and household sizes. Consequently, the proposed development is consistent with this housing policy. LDR Section 2.4.5 (F) (5) - Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered on the north side by Planned Commercial (PC) zoning, the south across the L-34 Canal, has a Palm Beach County land use designation LD (Low Density Residential) and to the west the abutting property has a Palm Beach County land use designation of HR-8 with an advisory City land use designation of Transitional and is zoned AR (Agricultural Residential). The existing land uses are three single family residences and three vacant lots. East of the property and across Military Trail has a Palm Beach County land use designation of MR-5 (Medium Density Residential 0-5 du/ac) and is zoned AR (Agricultural Residential). Compatibility is not a concern, as residential uses exist on the surrounding properties. As described under Housing Element Policy A-12-3 additional perimeter landscaping Site Plan Review and Appearance Board. Staff Report 04/13/05 Class V Site Plan, Landscape Plan, and Architectural Elevations for Gramercy Square Page 18 has been provided to mitigate any potential impacts and there are no concerns with respect to noise and traffic. This multiple family development will be compatible and harmonious with the adjacent and nearby properties and should enhance property values in the area. ~ __ - ~ . - ~__:-. ---:~ -u -: ~ ): V I!(~~¡ ~~ y a !_F Ë R .~ ~ . ___ -' _. _a. ""_ _ .._._ JI CourteSY Notices: Courtesy notices have been sent to the following homeowner's and/or civic associations: Jerry Franciosa , Progressive Residents of Delray (P.R.O.D.) Carolyn Zimmerman, Presidents Council Herbert Levine Russell Mawson Fred and Sandy Beaumont Perez Sigifredo and Clara M. Inman Randolph and Linda Farach Oscar Alencar Maria Conroy James Letters of objection or support, if any, will be presented at the SPRAB meeting. L-- '--". m_._.- . .~ _ Á'S"~~E S·~ ~__~·~--i __Ã~._~~_uc:_a ~~~__~_Y.S ï_a N___- .___ -~- =__ -.""] The development proposal to construct a one hundred and nine (109) unit townhouse development which is consistent with the policies of the Comprehensive Plan. The development proposal also includes an internal adjustment and three waiver requests to which positive findings can be made with respect to each. Consistency with Chapter 3 and Section 2.4.5(F) (5) of the Land Development Regulations will be achieved provided the conditions of approval are addressed. The proposed one hundred and nine (109) unit townhouse development represents 8.0 units per acre. Thus, the development proposal is required to meet the development standards as listed in LOR Section 4.4.6(1). In conclusion, findings of substantial compliance can be made with regard to performance standards (a), (b), (d), (e), and (g) listed in LOR Section 4.4.6(1). Performance standard (c) and (f) are partially met. Based on the above arguments positive findings can be made with respect to five (5) of the seven (7) performance standards considered, and the requirements of the RM zoning district will have been adequately addressed to support the proposed density of 8.0 units per acre. The proposed development will be an aesthetic and economic asset to the surrounding area. r~ ._u__.. _'" . -. ~ :.' _._.-=-_ --A~!- T~-~ ~R N A -!i y~~ _~-=Ç! I 0 ~_ 5 __ _ _ _ ..J A. Continue with direction. B. Move approval of the request for two of the waivers (pavement width and landscape strip reduction), Class V site plan, landscape plan and architectural elevations for Gramercy Square, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F) (5), 2.4.7(B) (5), 2.4 7(C) (5), 4.3.3(0) (3) (b), 4.6.16 (H) Site Plan Review and Appearance Board: Staff Report 04/13/05 Class V Site Plan, Landscape Plan, and Architectural Elevations for Gramercy Square Page 19 (3) (d), 6.1.2(C) (3) (a) and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the request for waivers, Class V site plan, landscape plan and architectural elevations for Gramercy Square, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and do not meet criteria set forth in Sections 2.4.5(F) (5), 2.4.7(B) (5), and Chapter 3 of the Land Development Regulations. C =·--=··-=STÃí=F R~ECO"MMËNDATION 'J --- ---- .---- ---- ..-----. .. _ ___. ___ __ ._ . __ _ _._ _ _ _n .____ By Separate Motions: Internal Adiustment LOR Section 2.4.7 (C): Move approval of the request for internal adjustment to LOR Section 4.3.3(0) (3) (b) to reduce the required 25 foot front building setback from the street system/access tract for units #79 through #90 and #98 through #109: to 23 feet, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(C) (5) of the Land Development Regulations. Move approval of the request for internal adjustment to LOR Section 4.3.3(0) (3) (b) to reduce the required 25 foot side street building setback from the street system/access tract for Unit #1 to 19.6'; Unit #10 t018.2'; Unit #27 to 19.6"; Unit #18 to 18.2'; Unit 28 to 20'; Unit #37 to 17.9'; Unit #52 to 20'; and Unit #43 to 17.9', by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(C) (5) of the Land Development Regulations. Waivers: Move a recommendation of denial to the City Commission of the request for waiver to LOR Section 6.1.3 (B) (3) to eliminate the required two feet wide landscape or grass area between the sidewalk and the interior street pavement or curb section, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval is inconsistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B) (5) of the Land Development Regulations. Move a recommendation of approval to the City Commission of the request for waiver to LOR Section 6.1.2(C) (3) (a) to reduce the minimum pavement width of the interior roadway from 24 feet to 20 feet, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B) (5) of the Land Development Regulations. Move a recommendation of approval to the City Commission of the request for waiver to LOR Section 6.1.2(C) (3) (a) to reduce the required 5 foot width landscape barrier between the common lot line and the vehicular use area from 5 feet to 2 feet between fee simple townhouse units, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7 (B) (5) of the Land Development Regulations. 01\ I CITY COMMISSION DÕCUNlENT ATION 1J7vÎ TO: DAVID T. HAf~TY THRU: PAUL DaRLING. DIRECTOR 0 LAN~~I~ FROM: ESTELlO BRETO, SENIOR PLÄ NER _ ) 0 ~ ~ SUBJECT: MEETING OF MAY 17, 2005 CONSIDERATION OF A WAIVER REQUEST TO LAND DEVELOPMENT REGULATIONS (LDR) SECTION 6.1.2(C) (3) (a) TO REDUCE THE REQUIRED MINIMUM PAVING WIDTH FOR AN INTERIOR ROAD FROM 24' TO 20' FOR GRAMERCY SQUARE, PURSUANT TO LDR SECTION 2.4.7(B) (5). I BACKGROUND I ANAL YSIS I On April 13, 2005, the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan and landscape plan associated with the construction of 109 fee-simple townhouse units in nineteen (19) two-story buildings to be known as Gramercy Square. The Board also reviewed a waiver request to reduce the required paving width associated with the development proposal and forwarded a recommendation of approval to the City Commission Waiver Findinas: Pursuant to LDR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. LDR Section 6.1.2 (C) (3) (a) - Minimum Pavina Widths: Pursuant to LDR Section 6.1.2(C) (3) (a), the minimum paving width for an interior road is 24'; however the paving width of the interior roadway within the subject development proposal is only 20'. Therefore, the applicant has requested a waiver to reduce the minimum width. Pursuant to LDR Section 6.1.2(C), upon the recommendation of the City Engineer, and with the approval of the Fire Marshal, the City Commission may authorize a reduction In the minimum required width of paving if it is determined that the requirements of this subsection would not be feasible or would constitute a hardship in a particular instance and provided this reduction would not endanger public safety and welfare. The development proposal provides a 20 foot wide street with two feet of valley gutter on both side of the pavement. The City Engineer and Fire Marshal have previously supported reductions that have been granted to the pavement width for other townhouse projects such as Atlantic Palm, Atlantic Grove and Legacy at Sherwood Forest. In this particular request, the two foot valley gutter on either side of the road will provide sufficient area for large emergency vehicles to navigate the road. The reduction can be supported as long as the Home Owner's Association documents contain a prohibition on the parking of vehicles within the street access tracts (this is a condition of the Class V site plan approval). qc- City Commission Documentation - Meeting 01/04/05 Gramercy Square Waiver of LDR Section 6 1 2(C) (3) (a) Page 2 I ASSESSMENT I Granting of the requested waiver will not have an adverse affect on the neighboring area, create an unsafe situation, or diminish the provision of public facilities. Given the conditions under which the waiver is being requested it is reasonable to believe that the waiver would be granted elsewhere under similar circumstances. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. r RECOMMENDED ACTION ~ By Separate Motions: o Move approval of the request for waiver to LDR Section 6.1.2(C) (3) (a) to reduce the minimum pavement width of the interior roadway from 24' to 20', by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4 7(B) (5) of the Land Development Regulations. Attachments' Location Map and SIte Plan ~ ~'--", tf= -, ===;= cr ~ -1-'- , I · :;~ Î r ~i ' ~ r it ' ~ II \ - J '==iL: IQ bJCJ~J ~ DC:J L hßlr--- r 0 ß 1_ LLJ, A VE N ¥-r- l'fi -, ~ ' ' ATLANTIC_ 1]]', J__ I II . _1_ lir- 16 __ [:7,0 J ~ __ ~::::: D ~ ~ I_ I II - ~-\\il < ìlf= =~ ~ L__. ~ _ ~ Î 1UL)U~.=,,, ~o- - - '. ~I,illl II"J, _ f- ~ ~ [] < ......... _ l'IIDIElr-" ~ 'i ~~- ~ _ I I "."."."." ~ ß\ ~- tnfuJ ~ I' · ~.) ~~<'0'lJl 'I-- - ï'J "....~< 1írr- =lrTTTTTlIIII _ . . ~JI I ÕJÏ[[ : 'I . _, §~ ~æ ffit1 ~ _ -J) - l.;.. I ~rn^Œ<~"- . :=,~ ~ riTT1T11 r 1-_ 0- ~...I,~ II lL:j ~:~~~ ~~ . Ulliil lTImrrq~ f") ( < r L".~ I=r mf' 1lTI1[]T ~I',':=:I~ ¡ ~ -. >--J ~~ \ ( I~. r ,,~ 'I" " ~H lllÌn 1DI9 ~ II \ :..c~'\ j ~mrrm lIILl1, "&. \ \, -~, l~L ð , \ I m ~T I ITiLL ERCY GRAM N __~ - A Y B£ADi, fL aTY or OUR DEPARTMENT PlANNINC &: ZONING MAP SYSTEM -- - - DIGITAL BASE I I : I ¡ I ¡ ¡ I ¡ ,..J I : ~~æ I I :8H I I ¡m¡~~ 1,sJ<; .... : II d 1 I I ~:: , I ;:5 '> '. I ¡;g :. .. 0< I ,- I I - I . ¡:~ I~ I~i: :~ 1:1 :"':-i I;r;i; I :...:::: I I I I I ~ I ~i I f 11; I I i >~ I ~C ~l ;- :ì :» :JJ < I -< '-1 ::JJ ;» ¿;~¡= ______n-+ N A § ~ " ..- » -i -... "n OJO c NZ "'-i :xJ ,,-< (;)n en, c '-'OJ ~» n :xJ m fJ) --~ - ~ u \ --- --- Site Plan Review and Appearance Board: Staff Report 04/13105 Class V Site Plan, Landscape Plan, and Architectural Elevations for Gramercy Square Page 20 Site Plan: Move approval of the request for Class V site plan approval for Gramercy Square, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F) (5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That revised plans are submitted addressing the Site and Engineering Plan Technical Items as indicated in the staff report, and three (3) copies of the revised plans are submitted including those noted in Exhibit A; 2. That a total fee of $54,500 be paid for parks and recreation purposes prior to issuance of a building permit; 3. That seating areas for parents at the tot lot are provided; 4. That a bus shelter easement and donation of half the cost of the bus shelter $7,500 is provided prior to issuance of a building permit; 5. That light poles and wall mounted fixtures details are provided; 6. That modifications to the site plan are made to indicate the location of the sidewalk system along Military Trail; 7. That a subdivision plat for the development is approved and recorded prior to issuance of a building permit; 8. That the project submit payment of one-half the costs of improving the 51st Street Terrace South right-of-way prior to issuance of a building permit; 9. That the Home Owner's Association documents contain a prohibition on the parking of vehicles within the interior street system and that a copy be provided to the City; 10. That a 10 foot utility easement is provided throughout the development and that a corresponding easement be noted on the plat.; 11. That an application for the abandonment of the 30 feet ingress and egress easement located along the north property line be approved by City Commission; 12. Provide sign easement on the plat in the vicinity of the entrance to accommodate signage for any future development which may occur to the west; 13. That the site plan is amended to reflect the 10 foot easement instead of a 15 foot easement; 14. That the lift station be relocated away from Military Trail and that additional buffering from Military Trail be provided; 15. That the location of the bathrooms for the pool area be indicated on the plans; 16. That a letter from easement holders allowing any landscape material to be installed within any easement area be provided; and 17. That all existing and proposed utilities associated with the development must be located underground. Site Plan Review and Appearance Board· Staff Report 04/13/05 Class V Site Plan, Landscape Plan, and Architectural Elevations for Gramercy Square Page 21 Landscape Plan: Move approval of the request for the landscape plan of Gramercy Square, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.4.16 of the Land Development Regulations, subject to the following condition: 1. That all Landscape Technical Items are addressed and three (3) copies of the revised plans are submitted; 2. That the proposed Saw Palmetto adjacent to the tot lot area be replaced by a more appropriate specie; 3. That the size of the landscape material for the west and south sides of the property line be increased to 14 feet and be placed 25 feet on center; 4. That foundation landscaping material and ground cover be included with each building structure proposed. Architectural Elevations: Move approval of the request for architectural elevation approval for Gramercy Square, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations subject to the following conditions: Attachments: · Appendix A · Appendix B · Site Plan · Landscape Plan · Architectural Elevations · Floor Plans Report Prepared by: Estelio Breto, Senior Planner [ -,--~--- -- -- .- ----- -- --- ~ APPENDIX A CONCURRENCY FINDINGS - . --.- - - ---- - - . ----- . Pursuant to Section 3.1.1(8) Concurrency as defined pursuant to Objective 8-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Municipal water service is available via connection to a 12 inch water main located along Military Trail, and also via an existing 8" main located on the southeast corner of the abutting shopping center to the North (Points West Plaza). Fire protection is to be provided by twelve fire hydrants strategically located at 400 feet spacing throughout the 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. Thus, a positive finding with respect to this level of service standard can be made. Sewer service is available adjacent to the site via an existing 4 inch force main along the west side of Military Trail. Installation of a lift station is proposed on the east property line to the south of the main entrance. Pursuant to the Comprehensive Plan, treatment capacIty is available at the South Central County Waste Water Treatment Plant for the City at bUlld-out. Streets and Traffic: The proposed development will have direct access from Military Trail which is under the jurisdiction of Palm Beach County It is noted that an access tract is dedicated along the north of the Mil-Atlantic parcels to provide future access to the parcels that remain under the County jurisdiction. Access from Military Trail to the remaining parcels west of this proposed development has been accommodated along the west property line and to the south of these parcels. Thus, Abandonment of this eXisting easement can be supported once the replacement easement is provided on the required plat A revised traffic study for the subject property has been submitted. A letter from the Palm Beach County Traffic Division has been received stating that the proposal complies with the Traffic Performance Standards in Article 12 of the Palm Beach County Land Development Code. Based upon the above a positive finding with respect to traffic concurrency can be made. Parks and Recreation Facilities: The proposed 109 residential dwelling units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LOR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $54,500 will be required of this development for parks and recreation purposes prior to issuance of a building permit and it is attached as a condition of approval. Solid Waste: The proposed 109 residential units will generate 56.68 tons of solid waste per year (109 units x 0.52 tons = 56.68 tons). The solid waste that would be generated can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2024. Drainaae: Drainage will be accommodated on site via a drainage line with a catch basin system. There should be no impact on drainage as it relates to this level of service standard Schools: The Palm Beach County School District has approved the development proposal with respect to compliance with the adopted Level of Service for School Concurrency. -- - . --- ---- . -- --- . . .-.- ---- . -. -. -- -..- --...---- APPENDIX B STANDARDS FOR SIT E PLAN ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Nota licable Meets intent of standard Does not meet intent X - This standard will be met once the attached conditions of approval have been addressed. B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Nota licable Meets intent of standard Does not meet intent F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Nota licable Meets intent of standard Does not meet intent " . , ~ . I'" -. ----- -..;-- ~:-;~---~~~:-X~~I~~~·I~~·L ;~-~-~~----------"--·--I 1. Palm Beach County permits are required for this project. Provide copies of the County Right-of- way permit, drainage permit and utility permit. 2. Health Department permits are required for this project. Provide copies of the water permit and sewer permit. 3. A SFWMD permit is required for this project. Provide copies of permit or a letter of exception. 4. A LWDD permit is required for this project. Provide copies of permit or a letter of exception. 6. Provide a typical cross section from building to adjacent right-of-way or adjacent property at all property lines. Pay particular attention to grade differential from proposed site to existing adjacent properties and show the existing grades on adjacent property. 7. Site is required to retai~ 5 year 1 hour storm (32") in addition to meeting water quality criteria (1"). ProvIde signed and sealed drainage calculations and indicate how storm water will be retained on site. 8. Provide certified exfiltration trench test results. 9. Show nearest existing drainage structures. 10. Provide 6 inch deep sodded swale adjacent to all roadway pavement within the public rights-of- way. Indicate swale on engineering plans. 11. Provide paving cross section. 12. Clearly dimension driveway width on 20 feet or 30 feet scale drawings. Maximum width of driveway is 24 feet. 13. Clearly indicate on plans the limits and types of all curbing on 20 feet or 30 feet scale drawing. 14. Parking layout and striping need to follow City of Delray Beach standards. Provide standard City of Delray Beach parking stall detail. 15. Sidewalk cannot abut valley gutter. All sidewalks shall be a minimum of 5 feet wide with 2 feet terrace between sidewalk and valley gutter. 16. Clearly indicate limits of right of way and the center line of the road. 17. Indicate sight distances at all ingress/egress points and all intersections. Sight triangles should be indicated on landscape plans. Provide copy of the revised landscape plans. Per section 4.6.14 of LDR's. Any landscaping in site triangle "shall provide unobstructed cross-visibility at a level between 3 feet 6 inches this includes tree trunks. 18. Provide note that water meter sizes are to be determined by the City of Delray Beach Utility Department upon building permit application and remove the size indicated on the engineering plans. 19. A RPZ backflow preventor will be required on the water service. Provide standard city RPZ backflow preventor detail on plans 20. Indicate typical configuration and location of proposed sewer services with cleanouts, on 20 feet or 30 feet scale drawings. 21. Provide signed and sealed calculations indicating that existing lift station and force main which collects waste from proposed site has sufficient volumetric and pumping capacity; contact Dan Beatty at 243-7295 for needed information. Also, confirm that downstream gravity sewer mains have sufficient capacity. 22. Engineer is to field verify location, size and depth of existing City of Delray Beach utilities prior to submitting Final Engineering Plans. 23. Provide on the plans current City of Delray Beach standard construction details as applicable. 24. All connections to existing water mains shall be made while the water main is under normal working pressure. If this cannot be accommodated, the design shall incorporate special provisions such as line-stops to minimize the impact on existing customers 25. Indicate on 20 feet or 30 feet scale plans the location of pigging wyes. 26. Provide on the detail sheet the City's standard Fill and Flush detail. 27. Provide 2 stub outs and easements for future water service to future annexation area west of northern half of property. 28. Plans should be 1 inch = 30 feet or 1 inch = 20 feet per LOR's. Plat scale shall match engineenng plan scale. 29. Provide double valves at connection points. 30 Provide all inverts of proposed sewer manholes. 31. Provide signed and sealed calculations indicating that lift station and force main have sufficient capacity. 32. Provide details on proposed lift station. See City of Delray Beach Standards. 33. Provide details of force main connection to existing force main. 34. Provide water and sewer easement over water and sewer main. 35. Provide note on both the Engineering Plans and the Landscape plans that there shall be no trees or shrubs placed within water, sewer or drainage easements. 36. Provide copy of final Landscape plan. 37. Provide per LOR Section 2.4.3 (F) (4), a composite utility plan that show the location of all existing and proposed utilities (water, sewer, power, telephone, gas, cable, and drainage). The composite plan shall be signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the composite utility plan. The composite plan shall address the responsibility for relocation of existing services and installation of new services. 38. A plat will be required. No building permit will be issued until the plat is recorded. 39. A certified engineer's estimate will be required for water and sewer improvements. A 110% surety and 2% engineering inspection fees will be required. A Financial Guarantee and Agreement for Completion of Required Improvements is required. This agreement can be obtained at www.mydelraybeach.com. For additional information see Section II of the City of Delray Beach Minimum Construction Standards. Prior to Certificate of Occupancy and the return of the 110% surety a 10% warranty surety will be required. 40. Submit copy of a Pollution Prevention Plan with engineering drawings. Prior to and during construction of all sites, the permitee shall implement and maintain all erosion and sediment control measures Included in the required Pollution Prevention Plan. For projects over One (1) Acre in size provide a copy of FDEP Notice of Intent 41. 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THRU: P L DO~~ TOR OF PLANNING & ZONING C¡f}),o FROM: // COTT ARONSON, ARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF MAY 17, 2005 - REGULAR AGENDA RECONSIDERATION OF A CONDITION OF APPROVAL FOR IN-LIEU PARKING SPACES GRANTED TO 111 EAST ATLANTIC AVENUE (TRAMONTI'S RESTAURANT) II BACKGROUND AND ANAL YSIS: II At the City Commission meting of June 3, 2003 a quasi Judicial hearing was held regarding a request from Craig's Furniture (c/k/a Tramonti's Restaurant / 111 East Atlantic Ave.) for the purchase of nIne (9) in-lieu parking spaces to accommodate the conversion of 3,458 square feet of retail to restaurant use. During the deliberations an offer was made by the applicant to provide additional parking at another property. The proposed parking was in excess of the 300' maximum distance required under Section 4.6.9(E)(5) of the Land Development RegulatIons (LDR) for off site parking lots. The City Commission accepted the offer and approved the in-lieu fee with the condition that a parking agreement be provided even though it would exceed the 300' requirement The required agreement and In-lieu fees, in the amount of $108,000.00, were remitted on July 1, 2003. In reviewing the agreement Staff had the following concerns: 1. There was an expiration clause of the shorter of five (5) years or the date that new public parking opened within two (2) blocks of the subject property; 2. The proposed lot no longer held a temporary parking lot license and was limited to special events only with City Commission approval; 3. The agreement did not constitute a covenant running with the land, and 4. The City was not party to the agreement and therefore had no enforcement capabilities. These concerns were presented to the City Commission at their meeting of August 19, 2003. After considerable discussion Commission consensus was that the Intent of the condition was met, with the exception of the expiration clause. The agreement was to be amended with respect to the expiration clause to be a minimum of five (5) years No amended agreement was remitted. The parking lot referred to In the agreement has been sold and has been approved for The Strand development. Considenng the disposition of the property the agreement is invalid. Options at this time are to require the owner of the property (DHBH, LLC.) to secure another parking lot to meet the condition of approval or remove the condition It is anticipated that the Worthing Place project (207 space public garage) and Old School Square Parking Garage (550 - 600 spaces) should be completed in the next 18 to 30 months. II RECOMMENDED ACTION: II By motion, release the condition of approval associated with the purchase of nine (9) In-lieu parking spaces approved for 111 East Atlantic Avenue qD P1 Planning & Zoning Department M E M 0 RAN D U M . , ( TO: David T Harden City Manager ~ECE'VED DATE: APril~ ~ I r:r, 1 8 2005 ,..<\1 i\ FROM: Paul orling, A. .C.P. CITY MANAGER Director, Planning and ning Lula Butler ~~' Director, Community Improvement SUBJECT: Clear Channel Outdoor Request We have reviewed the request by Clear Channel Outdoor to reduce the local billboards in exchange for four new 1-95 locations. We would recommend against approving this proposal for the following reason: Many of the locations identified in the letter are in areas or on sites slated for redevelopment. While Florida Statutes prohibits the City from requiring the removal of billboards with development, nothing prohibits the underlying landowners from not renewing eXisting leases and voluntarily removing the billboards. We believe this will be an ongoing trend given the negative impact billboards may have on quality redevelopment of sites. Given the escalation of land values and the desire of developers and landowners to maximize development potential on sites, we believe it will only be a matter of time before these local billboards will become obsolete. Given this we feel that the Commission should not consider placing four new signs on 1-95 which would negatively impact the 1-95 view corridor for many years to come. PD:dav , ......., ,,-¡t:- L ~ ...~- ~ ~- ~ \;.¡ \- - 00 ,1" ,.~ (' '2 1\\\\'3 ~,b:{ Û - . . . ""f' " ' . ,,~ \ ~.. C,ì \ qE. --~ - . £11' DF DELRAY BEA[H DELRAY BEACH f 0 I I [) ... tw.eztI 100 N.W. 1st AVENUE DELRAY BEACH. FLORIDA 33444 561/243-7000 AII·America City , III J! 1993 2001 MEMORANDUM TO: Paul Dorling, Director of Planning & Zoning FROM: David 1. Harden, City Manager ~~ DATE: April 6, 2005 SUBJECT: CLEAR CHANNEL OUTDOOR PROPOSED BILLBOARD REDUCTION PROGRAM Please see the attached letter. I know we have addressed this issue before, but I would like for Planning and Community Improvement to prepare a joint memo responding to this request. DTH/gb Attachment cc: Lula Butler RECEIVED APR 0 1 2005 PLANNING & ZONING U'\CM memos\P Dorling re Clear Ch"~~~f!.8f~tWJl~rMÄ<fif~$rogram doc @ Prmted on Recycled Papaf --------- , . ~ ~ CLEARCHANNEL ÆB 252005 OUTDOOR : ~-- - ~ ... ,.:... --.- ~.~ February 18, 2005 . , -_;..;:\ The Honorable Mayor Jeff Perlman City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 RE: Clear Channel Outdoor Proposed Billboard Reduction Program. Dear Mayor Perlman: Weare pleased to provide you with Clear Channel Outdoor proposal to reduce the number of existing billboards with the City of Delray Beach. Currently, Clear Channel Outdoor owns six (6) billboards in the city at the following locations: I. Old Dixie Hwy. - west side, 200 feet south of Linton Ave. 2. Old Dixie Hwy. - west side, 700 feet south of Linton Ave. 3. US Hwy. 1- east side, 200 feet south of Bond Way 4. Atlantic Ave. - north side, 500 feet west of Highpoint Blvd. 5. Atlantic Ave. - north side, 240 feet west of Congress Ave. 6. Atlantic Ave. - south side, .2 miles east of Military Trail. Clear Channel proposes to remove all six (6) billboards in the City in exchange for four new sites along 1-95 within the City of Delray Beach municipal city limits. We believe this is a win-win situation for the city and the residents. Attached for your review is the proposed agreement, along with a copy of Florida Statute Ch. 70.20 which is the enabling legislation which provides for billboard relocation/reduction programs by municipalities. We would appreciate having this item scheduled for consideration by the City Commission at your next available City Commission meeting. If you have any questions or would like to meet with us again to discuss the agreement, please give me a call at the number listed below or call our Palm Beach County consultant Geoff Sluggett a call at 561-689-2202. We look forward to working with you. Jef res Vice Pre . dent Real Estate/ Public Affairs Dept. Clear Channel Outdoor South Florida Division 305 ClearChannel Ourdoor _ _om ___ _____ 5800 N W 77[h Court 0 MiamI, FL 33166 ~ ----' BILLBOARD RELOCATION AGREEMENT THIS AGREEMENT is made and entered into this_day of 2005 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, 100 N.W. 1st Avenue, Defray Beach, Florida 33444 (hereinafter "City"), and CLEAR CHANNEL OUTDOOR, INC., a Delaware corporation, 5800 NW. 77th Court, Miami, Florida 33166 (hereinafter "Clear Channel"). WHEREAS, Clear Channel currently maintains several billboard structures within and/or in the future annexation of the corporate limits of the City of Delray Beach; and WHEREAS, Clear Channel wishes to remove all existing billboard structures in exchange for new sites within the corporate limits of the City of Delray Reach, adjacent to and visible from Interstate 95 ("1-95"); and WHEREAS, section prohibits off-premises signs, including billboards, and requires that all sign copy advertise, promote or otherwise attract attention to goods and services available on the property on which the signs are located; and WHEREAS, notwithstanding the City Code's prohibition against off premises signs, section 70.20, Florida Statutes (2002), authorizes municipalities to enter into relocation agreements and provide for the relocation and reconstruction of billboards by agreement, ordinance or resolution; and WHEREAS, the City and Clear Channel have agreed to a reduction in the number of billboard structures within and/or in the future annexation of the corporate limits of the City and to the relocation of existing billboard structures to the Interstate 95 corridor; and WHEREAS, the parties wish to provide the terms and conditions under which such billboards shall be removed and relocated. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the City and Contractor agree as follows: A. RECITALS The above recitals are true and correct and incorporated herein by this reference B. RELOCATION OF BILLBOARD STRUÇTURES 1. Clear Channel agrees to remove all of the existing billboard structures in exchange for the opportunity to construct four (4) billboard structures on sites located adjacent to and visible from Interstate 95 (hereinafter "'1-95 sites"). In the event of Clear Channel losing a location, Clear Channel may have the right to relocate any such sign to another site located adjacent to and visible from 1-95. 2. The City shall grant Clear Channel a credit for four (4) 1-95 sites for the six (6) Existing Billboards demolished. Each credit entitles Clear Channel to apply for a billboard construction permit in accordance with section C below, provided all other requirements of this Agreement are met. Clear Channel, its successors or assigns, agrees that any and all assignees or successors of a credit shall be given a copy of this Agreement and specially made aware of the terms and conditions of this Agreement of the fact that they would also be bound by all the terms and conditions contained herein. C. BILLBOARD CONSTRUCTION PERMITS AND ANNUAL FEES 1. Each application for a billboard construction permit shall contain, at a minimum, the following information: 1 a. A specific purpose survey of the leased property indicating proposed setbacks from the right-of-way, the nearest billboard on the same side of the right-of-way, and the nearest intersection on the same side of the right-of-way; and b. A cross-section depicting the distanœ between -the biUboard -and-the right-of-way, u - ---- as well as the maximum height of the billboard at grade and from the crown of all adjacent rights-of-way; and c. An elevation plan depicting the dimension of the billboard face: and d. Written permission of the property owner for the billboard location. 2. Clear Channel shall pay an annual fee to the City of Delray Beach in the amount of $ per new 1-95 billboard structure. The City shall facilitate and process in fifteen (15) days any and all complete applications relating to construction of "relocation". A permit application shall be deemed complete if it includes the standard building permit information and is accompanied by an engineer registered in the State of Florida. D. ~TANDARDS FOR BILLBOARD STRUCTURES AND SIGNS 1. All billboard structures and signs constructed on any 1-95 site shall comply with all Florida Department of Transportation permitting requirements. 2. In addition to Florida Department of Transportation permitting requirements, all billboard structures and sign faces constructed pursuant to this Agreement shall comply with the following additional requirements: a. Structural Reauirements Each billboard structure shall consist of a single monopole and a double-sided sign face and shall comply with all Florida Building Code requirements. Roof mounted billboard are prohibited. b. Location (1) No billboard structure shall be located within one hundred (100) feet of any residentially zoned property on the same side of the 1-95 right-of way. (2) No billboard structure shall be located within fifteen (15) feet of the 1-95 rlght-of-ways. {3} All billboard structures along the same side of the 1-95 right-of-way shall be separated by a distance of at least fifteen hundred (1500) feet. Upon the Florida Department of Transportation issuance of the permits, Clear Channel shall proceed with the removals of in accordance with this agreement. c. Heiaht The sign height shall not exceed sixty-five (65) feet above the crown of the adjacent main traveled way of Interstate 95. 2 d. Sign Faces (1 ) Each sign face shall be no larger than forty-eight (48) feet wide and fourteen (14) feet high and shall not exceed 672 square feet. (2) Embellishments shall not exceed twenty (20%) of the total area of the sign face or extend more than five (5) feet beyond the edge of the sign face. (3) Each sign face shall be placed so as to be primarily visible from the traffic lanes on Interstate 95. e. Illumination (1) Signs may be illuminated; however, signs which contain include or are illuminated by any flashing, intermittent or moving lights are prohibited. (2) No sign shall be illuminated so that it interferes with the effectiveness of or obscures an official traffic sign, device or signal. (3) All illumination shall be directed toward the sign face. f. Content (1) Signs advertising any establishment or business that could reasonably be characterized as providing adult entertainment, publications containing sexually graphic materials or any other form of entertainment that appeals to the prurient interest in sex shaff be prohibited. (2) No sign erected pursuant to this Agreement shall contain any of the following: obscene language or language that describes sexual conduct; graphics that depict sexual conduct, human genitalia or buttocks which are not fully covered, or female breasts which are not fully covered; or graphics which depict scenes or images which could reasonably be construed as being obscene or which appeal to prurient interests. E. RECOGNITION OF CITY'S REGULATORY AUTHORITY AND WAIVER By executing this Agreement, Clear Channel recognizes and acknowfedges the City's home rule and statutory authority to regulate and/or ban billboards within its corporate boundaries. In consideration of the City's agreement to allow the relocation of existing billboards and not otherwise seek their removal, Clear Channel, its successors or assigns, covenants and agrees that it shall not file any administrative or judicial challenge to the City's sign code as it relates to billboards, as it currently exists or as it may be amended from time to time, and shall not seek any additional billboard structures within the City's corporate limits and/or In the future annexation of the corporate limits of the City of Delray Beach. 3 · F. AGREEMENT RUNNING WITH CLEAR CHANNEL This Agreement shall run Clear Channel and the locations permitted hereunder. This Agreement shall be- binding upo-n the partfes-hereto, their successors and assigns. The parties represent that they have full authority to enter into this Agreement and implement this Agreement for the application, location and signs referenced herein. G. MISCELLANEOUS PRQVISIONS 1. All notices or other written communications required, contemplated or permitted uncler this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certificated mail (postage prepaid), return receipt requested, to the following addresses: As to City: City of Oelray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Attn: Facsimile: <-> As to Clear Channel: Clear Channel Outdoor 5800 N.W. 77th Court Miami, Florida 33166 Attn: Real Estate Department Facsimile: (305) 714~3480 2. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. 3. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which constitute the same Agreement. 4. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon. inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. 5. If any part of this Agreement is contrary to, prohibited by or deemed invalid uncler applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. 6. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. 7. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 8. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. 9. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement and, accordingly, no Court or Administrative Hearing Officer 4 · . construing this Agreement shall construe it more strictly against one party than the other and every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning. 10. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, the non-prevailing party pay to the prevailing party reasonable attorney's fees and costs, including appellate fees and costs. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this_day of ,2005. CITY OF DELRA Y BEACH, a Florida [SEAL] municipal corporation By: Mayor ATTEST: City Clerk STATE OF FLORIDA ) COUNTY OF PALM BEACH )ss: The foregoing instrument was acknowledged before me this_day of 2005, by . as Mayor and City Clerk, respectively, for the City of Delray Beach, who did I did not take an oath. NOTARY PUBLIC (SEAL) (Print Name) My Commission Expires: Personally Known OR procluced identification Type of Identification: 5 Executed by Clear Channel this_day of ,2005. CLEAR CHANNEL OUTDOOR, INC., a Flonda corporation. By: Name: Jasper Johnson Title: President, Clear Channel Outdoor, S. FL. Div. ATTEST: . - ~ - - - Name: Title: STATE OF FLORIDA ) COUNTY OF )ss: The foregoing instrument was acknowledged before me this day of _ , 2005, by and , as and for Clear Channel Outdoor, Inc., a Delaware Corporation, who did did not take an oath. NOTARY PUBLIC (SEAL) (Print Name) My Commission Expires: Personally Known OR Produced IdentifICation Type of Identification: 6 , .. Yage 1 ot j . Select Year: I~~~. III . The 2003 Florida Statutes ~----- -- Title VI Chapter 70 View Entire CIVIL PRACTICE AND REUEF FROM BURDENS ON REAL Chapter PROCEDURE PROPERTY RIGHTS 70.20 Balancing of interests.--It is a policy of this state to encourage municipalities, counties, and other governmental entities and sign owners to enter into relocation and reconstruction agreements that allow governmental entities to undertake public projects and accomplish public goals without the expenditure of public funds while allowing the continued maintenance of private investment in signage as a medium of commercial and noncommercial communication. (1) Municipalities, counties, and all other governmental entities are specifically empowered to enter into relocation and reconstruction agreements on whatever terms are agreeable to the sign owner and the municipality, county, or other governmental entity involved and to provide for relocation and reconstruction of signs by agreement, ordinance, or resolution. As used in this section, a Rrelocation and reconstruction agreementR means a consensual, contractual agreement between a sign owner and a municipality, county, or other governmental entity for either the reconstruction of an existing sign or the removal of a sign and construction of a new sign to substitute for the sign removed. (2) Except as otherwise provided in this section, no municipality, county, or other governmental entity may remove, or cause to be removed, any lawfully erected sign located along any portion of the interstate, federal-aid primary or other highway system, or any other road without first paying just compensation for such removal as determined by agreement between the parties or through eminent domain proceedings. Except as otherwise provided in this section, no municipality, county, or other governmental entity may cause in any way the alteration of any lawfully erected sign located along any portion of the interstate, federal-aid primary or other highway system, or any other road without first paying just compensation for such alteration as determined by agreement between the parties or through eminent domain proceedings. The provisions of this section shall not apply to any ordinance the validity, constitutionality, and enforceability of which the owner has by written agreement waived all right to challenge. (3) In the event that a mll1icipality, county, or other governmental entity undertakes a public project or public goal requiring alteration or removal of any lawfully erected sign, the municipality, county, or other governmental entity shall notify the owner of the affected sign in writing of the public project or goal and of the intention of the municipality, county, or other governmental entity to seek such alteration or removal. Within 30 days after receipt of the notice, the owner of the sign and the municipality, county, or other governmental entity shall attempt to meet for purposes of negotiating and executing a relocation and reconstruction agreement as provided for in subsection (1). (4) If the parties fail to enter into a relocation and reconstruction agreement within 120 days after the initial notification by the municipality, county, or other governmental entity, either party may request mandatory nonbinding arbitration to resolve the disagreements between the parties. Each party shall select an arbitrator, and the individuals so selected shall choose a third arbitrator. The three arbitrators shall constitute the panel that shall arbitrate the dispute between the parties and, at the conclusion of the proceedings, shall present to the parties a proposed relocation and reconstruction agreement that the panel believes equitably balances the rights, interests, obligations, and reasonable expectations of the parties. If the municipality, county, or other governmental entity and the sign owner accept the proposed relocation and reconstruction agreement, the municipality, county, or other governmental entity and the sign owner shall each pay its respective costs of arbitration and shall pay one-half of the costs of the arbitration panel, unless the parties otherwise agree. (5) If the parties do not enter into a relocation and reconstruction agreement, the municipality, county, or other governmental entity may proceed with the public project or purpose and the -- file://C:\ WINNT40\Profi1es\CCOMIA~ I \LOCALS~ I \Temp\PWMZQJ4F.htm 1/30/2004 " " . Page 2 of3 . . alteration or removal of the sign only after first paying just compensation for such alteration or removal as determined by agreement between the parties or through eminent domain proceedings. (6) The requirement by a municipality, county, or other governmental entity that a lawfully erected sign be removed or altered as a condition precedent to the issuance or continued effectiveness of a development order constitutes a compelled removal that is prohibited without prior payment of just compensation under subsection (2). This subsection shall not apply when the owner of the land on which the sign is located is seeking to have the property redesignated on the future land use map of the applicable comprehensive plan for exclusively single-family residential use. (7) The requirement by a municipality, county, or other governmental entity that a lawfully erected sign be altered or removed from the premises upon which it is located incident to the voluntary acquisition of such property by a municipality, county, or other governmental entity constitutes a compelled removal that is prohibited without payment of just compensation under subsection (2). (8) Nothing in this section shall prevent a municipality, county, or other governmental entity from acquiring a lawfully erected sign through eminent domain or from prospectively regulating the placement, size, height, or other aspects of new signs within such entity's jurisdiction, including the prohibition of new signs, unless otherwise authorized pursuant to this section. Nothing in this section shall impair any ordinance or provision of any ordinance not inconsistent with this section, including a provision that creates a ban or partial ban on new signs, nor shall this section create any new rights for any party other than the owner of a sign, the owner of the land upon which it is located, or a municipality, county, or other governmental entity as expressed in this section. '(9) This section applies only to a lawfully erected sign the subject matter of which relates to premises other than the premises on which it is located or to merchandise, services, activities, or entertainment not sold, produced, manufactured, or furnished on the premises on which the sign is located. (10) This section shall not apply to any actions taken by the Department of Transportation that relate to the operation, maintenance, or expansion of transportation facilities, and this section shall not affect existing law regarding eminent domain relating to the Department of Transportation. (11) Nothing in this section shall impair or affect any written agreement existing prior to the effective date of this act, including, but not limited to, any settlement agreements reliant upon the legality or enforceability of local ordinances. The provisions of this section shall not apply to any signs that are required to be removed by a date certain in areas designated by local ordinance as view corridors if the local ordinance creating the view corridors was enacted in part to effectuate a consensual agreement between the local government and two or more sign owners prior to the effective date of this act, nor shall the provisions of this section apply to any signs that are the subject of an ordinance providing an amortization period, which period has expired, and which ordinance is the subject of judicial proceedings that were commenced on or before January 1, 2001, nor shall this section apply to any municipality with an ordinance that prohibits billboards and has two or fewer billboards located within its current boundaries or its future annexed properties. (12) Subsection (6) shall not apply when the development order permits construction of a replacement sign that cannot be erected without the removal of the lawfully erected sign being replaced. (13) Effective upon this section becoming a law, the Office of Program Policy Analysis and Government Accountability, in consultation with the property appraisers and the affected private sector parties, shall conduct a study of the value of offsite signs in relation to, and in comparison with, the valuation of other commercial properties for ad valorem tax purposes, including a comparison of tax valuations from other states. The Office of Program Policy Analysis and Government Accountability shall complete the study by December 31, 2002, and shall report the results of the study to the President of the Senate and the Speaker of the House of file://C:\ WINNT40\Profiles\CCOMIA-l \LOCALS-I \Temp\PWMZQJ4F.htm 1/3012004 -------- - ---------- . M 0' - Page 3 of3 . . Representatives. , History.--s. 1, ch. 2002-13. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright Q 2000-2003 State of Florida. P.LiVèCY _Sta.tement. file://C:\WINNT40\Profiles\CCOMIA-l \LOCALS-l \Temp\PWMZQJ4F.htm 1/30/2004 ~ Memo To: David Harden, City Manager Thru: Lula Butler, Director, and Community Improvement L6 From: Janet Meeks, Education Coordinator Date: May 11, 2005 Re: Consideration of Approval of Scholarship Criteria for Delrav Beach Youth Council ITEM BEFORE THE COMMISSION: The item before the City Commission is consideration of approval of the proposed criteria for the award of scholarships to active members of the Delray Beach Youth Council. BACKGROUND: The Delray Beach Youth Council was awarded $4,000 from proceeds from the S1. Patrick Day's Parade to be used for scholarships. The City Commission agreed to accept the award money for the Youth Council with the stipulation that they create the scholarship criteria that is to be approved by the City Commission. The Youth Council already makes available internship at the 505 Teen Center and City Hall that is funded by Target Store. The criteria developed by the Youth Council are inclusive of the internships and the monetary awards. The official application is attached for your reference. The Youth Council has submitted the following criteria to be considered: Academics: · Applicant must have a minimum weighted Grade Point Average (GPA) of 3.0; · Provision of High- School transcript; and · Provision of a Teacher recommendation that includes information on the student's personal qualities, behavior and success in class. Community/Civic Involvement: · Applicant must have at least two years of active involvement with the Youth Council; and · The application must include a brief statement of the member's involvement in the Delray Beach Youth Council including other community service activities and hours in which they participated. Essay: · Provision of an essay that explains in 300 words or less what community service projects they have completed and which one was the most meaningful to them and why. RECOMMENDATION: Approve the scholarship criteria submitted by the Youth Council as stated herein. SF - ------ Delray Beach Youth Council Scholarship Application :-.$~'j 13~ QQ¡~,:-{,,~~~ ~ t~1 ~ o '<7U tI ~tb. co':>~ Please print or type. Return the completed form to Lula Butler by May 25, 2005 ELIGIBILITY: In order to be eligible to apply for this grant, you must have at least two years of active involvement in the Youth Council.. NAME: ADDRESS: CITY: STATE: ZIP: YEARS OF SERVICES IN YOUTH COUNCIL; yrs The following information must be attached for application to be considered: · Copy of High School Transcript (must have a weighted Grade Point Average (GPA) of 3.0. · Teacher recommendation which includes the student's personal qualities, behavior and success in class. · A brief statement of your involvement in the Delray Beach Youth Council including other community service activities and hours participated. Please check ONE box for the Scholarship you're interested in: [ ] Monetary Scholarship [ ] Summer Internship at the 505 Teen Center [ ] Summer Internship City Hall ESSAY: In 300 words or less, explain what community service projects that you have completed and which one was the most meaningful to you and why? Date: May 11,2005 Agenda Item No. <it=" AGENDA REQUEST Agenda request to be placed on: _X_Regular _ Special _ Workshop Consent - When: May 17,2005 Description of Agenda Item: Delray Beach Youth Council Scholarship Criteria Approval OrdinanceIResolution Required: Yes/§ Draft Attached: Yes / No Recommendation: Approval Department Head Signature:~¡~ú-{' ß ~ City Attorney ReviewIRecommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: (if applicable) Account # & Description: City Manager Review: APprovedforagend~No ~ ""'{J')O':)/ Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved ----- OK . . ~ [IT' DF DELRA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 . FACSIMILE 561/278-4755 DELRA Y BEACH Writer's Direct Line: 561/243-7091 F l 0 . IDA ........ AlJ.Amerlca City Jllr. MEMORANDUM DATE: May 10, 2005 TO: City Commission David Harden, City Manager !ì..-~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Aareement with Coletta and Company. Inc. The attached agreement provides that Coletta and Company, Inc. (CCI) shall develop a cultural strategy for the City by conducting research and using that research to prepare a cultural plan for the City. The City shall pay CCI $50,000.00 plus a maximum of $6000.00 for travel reimbursement. The cost of the printing and design of the report is not included in the $50,000.00 cost. The City shall pay 1/3 of the cost to CCI upon execution of the agreement, 1/3 upon delivery of the initial draft of the cultural plan and 1/3 upon the completion and acceptance of the cultural plan by the City. The CRA shall provide payment to the City for % of the cost of the cultural plan as well as % of the cost of the travel expenses. Our office requests that this item be placed on the May 17, 2005 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk qG ------------ -------- - ----- --- . . . AGREEMENT THIS AGREEMENT is made this day of , 2005 by and between the CITY OF DELRA Y BEACH, FLORIDA, ("City") and COLETTA & COMPANY, INC. ("CCI"). WIT N E SSE T H: WHEREAS, the City Commission desires to obtain a cultural plan of the City, and WHEREAS, CCI has prepared many cultural plans and wishes to prepare this plan for the City. NOW, THEREFORE, based on the mutual covenants and promises herein contained, the parties agree as follows: 1. Cultural Plan CCI shall develop a cultural strategy for the City addressing the following: · What should be the cultural niche of the City, given its proximity to Palm Beach, Fort Lauderdale and Miami with their cultural assets? · How can the City leverage its natural assets, redeveloped downtown, village scale, intact grid system and great restaurants with a complementary cultural scene? · How can the City become more transparent, consistent and rational in the way it allocates and distributes money to cultural organizations? · How can citizens be brought into decision-making on allocations for cultural organizations? · How much "culture" can the City afford? · If the City can't afford to do everything, what should the City do? And why? (What is the City trying to achieve with these expenditures?) · How can the City use culture to achieve goals of racial and ethnic harmony and trust? · Is duplication really an issue? If so, is that a bad thing? If it is, how do we eliminate it? · How can cultural groups work together to leverage their assets? · How can the City anticipate the cultural needs of those who are moving to the City for its weather, beaches, walkability and restaurants? · How can the City use culture to enhance its reputation as a "village by the sea"? · How can the City use culture to attract the creative class? · What is missing from the City's cultural inventory? CCI shall use the data that it gathers to answer the following questions: (1) How should the City support existing cultural organizations? (2) How can the City use culture to strengthen its emerging rote as a talent-attracting village by the sea? The first question deals with what is. The second deals with what could be. Our aspiration is to make this plan one that will be admired nationally for the ways in which it respects art and culture for their intrinsic value, while at the same time uses arts and culture as a reputation-building, talent-driving strategy for Delray Beach. The final report will address all of the questions outlined above and will include specific, actionable recommendations. 2. Obliaations of CCI: · Make initial visit to Delray Beach - Completed · Develop plan outline - Completed · Follow up phone calls to City cultural assets · Review materials, studies, web sites from all cultural assets · Make contact with Palm Beach County Cultural Commission to understand its system of grant making and identify other services it provides · Identify active developers in City · Interview by phone developers and sales offices to profile new buyers. · Interview art and history coordinators at schools to determine real need for "outside" resources, curriculum, performance opportunities · Interview Broward County/Palm Beach County Library staffs and Historical Society staffs to determine resources available and possible duplication · Map cultural assets for Palm Beach County and major cultural assets (including festivals) for Broward and Dade Counties · Analyze cultural assets on selected dimensions · Determine who is supporting arts and culture · Interview significant corporate arts and culture funders · Interview persons who have significant cultural experience in the City · Interview those persons that the City Commission may recommend to be interviewed · Get the City's complete arts and culture funding budget for 3 years · Develop initial hypotheses and identify additional questions · Develop question guide for Cultural Alliance meeting · Make visit to City, preferably during a festival · Present initial hypotheses to the City · Present additional questions to Cultural Alliance · Talk to shopkeepers and restaurant owners · Visit festival or other cultural activities · Incorporate new information into the report · Prepare and present draft of the Cultural Plan Report for the City of Delray Beach to the City by July 31,2005 · Attend and make presentation of the draft report to the City Commission if requested to do so by the City. · Revise report, if needed, based on dialogue with City. · Present findings to Cultural Alliance and other groups as designated by City. · Prepare and present final version of Cultural Plan Report to the City by August 31,2005 and make a presentation of such plan to the City commission if requested to do so by the City. 3. Schedule and Payment: The contracted services as specified above shall begin upon the execution of this agreement by both parties. CCI shall deliver a draft of the plan to the City by July 31, 2005. CCI shall deliver the completed Cultural Plan Report to the City by August 31, 2005 and make a presentation to the City at a City Commission meeting as determined by the City. CCI shall be paid $50,000.00 for the completion of its services as provided by this Agreement. CCI shall be paid one-third of the $50,000.00 upon the signing of the contract, one-third upon delivery of the draft, and one-third upon the completion and acceptance of the Cultural Plan Report by the City. eCI shall also be paid travel expenses in an amount not to exceed $6000.00. All travel costs must be reasonable and the reimbursement shall only be for actual costs based upon the receipt of appropriate invoices showing the costs to be reimbursed. The cost of the printing and design for the final report is not included in the $50,000.00 and any costs spent on the printing and design of the final report shall be previously approved by the City. 4. Termination: Either party may terminate this Agreement with cause upon giving the other party fifteen (15) days written notice of the termination. Upon receiving such notification the non-terminating party shall have 15 days within which to cure any breach of the agreement. If the non-terminating party fails to cure the breach within the time period allowed the terminating party shall have all rights and causes of action against the non-terminating party as allowed by law. The City has the right to terminate this Agreement at any time upon 15 days notice to eCI, with or without cause. If the City terminates the Agreement without cause the City shall provide payment to CCI for its services up to the point of termination. 5. Indemnification: CCI shall defend, indemnify, save harmless and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and · attorneys fees resulting from injury to or death of persons or damage to property arising out of or resulting from work done by CCI in the performance of the Contract except to the extent caused by the negligence of or breach of contract by the City. In connection with any legal proceedings arising hereunder, the City reserves the right to retain counsel of its choice and at its own expense, or in the alternative, to approve counsel obtained by CCI. The parties understand that the City does not waive its sovereign immunity under Fla. Stat. §768.28. 6. Venue/Laws: This Agreement shall be governed by the Laws of the State of Florida and venue shall be in Palm Beach County, forsaking any other jurisdiction which either party may claim by virtue of residency. 7. Notices: All notices required hereunder shall be in writing and shall be addressed to the following representative of the part parties: For the City: For CCI: David Harden, City Manager Carol Coletta City of Delray Beach Coletta & Company, Inc. 100 NW 1st Avenue 41 Union Ave. Delray Beach, FL 33444 Memphis, TN 38103 8. Access to Records: The City, or any of its duly authorized representatives shall have access to any books, documents, papers, and records of CCI which are directly pertinent to that specific contract, for the purpose of making audit, examination, excerpts, and transcription. 9. Entire Aareement: This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. Modifications to this Agreement must be made in writing and mutually agreed to by the parties. IN WITNESS WHEREOF, the parties have entered into this Agreement on the day and year first above written. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Jeff Per/man, Mayor Approved as to Legal Form: City Attorney · WITNESSES: COLETTA & COMPANY, INC. By: (print or type name) (print or type name) (print or type name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of , 200_, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary Public - State of Florida - , A [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH. FLORIDA 33444 TELEPHONE 561/243-7090 . FACSIMILE 56l!278-4755 DELRA Y BEACH Writer's Direct Line: 561/243-7091 F l 0 I I D " b8.I:II Al-America City ~II~ MEMORANDUM DATE: May 10, 2005 TO: City Commission David Har~, City Manager --~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: FundinQ for AQreement with CRA for Coletta and Company The attached agreement provides that the CRA shall provide for funding to the City in the amount of $25,000.00 for the development of a cultural plan by Coletta and Company. The CRA shall also provide payment to the City in an amount not to exceed $3,000.00 for reimbursement of travel expenses incurred by Coletta and Company employees. The CRA shall provide these funds to the City within 15 days of the execution of this agreement. Our office requests that this item be placed on the May 17, 2005 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Diane Colonna, Executive Director CRA q\-\ · INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING OF CULTURAL PLAN THIS AGREEMENT is made this day of , 200_ by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the CITY is engaging Coletta and Company, Inc. to draft a Cultural Plan and Report for the City primarily addressing how should the City support its existing cultural organizations and how can the City use culture to strengthen its reputation as the village by the sea; and WHEREAS, Part 4 of the CRA Plan includes an objective for the Downtown Master Plan Project to facilitate economic development and ensure that the downtown remains the economic, cultural, and governmental center of the CITY; and WHEREAS, the development of a Cultural Plan furthers this objective; and WHEREAS, the CRA is funding a portion of the work to be perfonned by Coletta and Company. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA shall provide payment to the CITY in an amount of 50% of the cost of the Cultural Plan ($25,000.00) and 50% of the cost of travel expenses in an -- - ----- amount not to exceed $3,000.00. The CRA shall provide payment, within 15 days of the execution of this Agreement. 3. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 4. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 5. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 6. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 7. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 8. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Jeff Perlman, Mayor Approved as to Fonn: City Attorney 2 ATTEST: CO~TYREDEVELOPMENTAGENCY By: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of , 200_, by ,as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary Public - State of Florida 3 6)\ jJiV) [IT' DF DELIA' IEA[H CITY ATTORNEY'S OFFICE ..'fi(1,\\\ hI A\T'\l [. DELI<?..\Y BE-\CH HDRIDA 33444 n UTHO'\!: "hl!2-P-71)(Ji)· F·\C<;I\IILE :'61!27X-47:'i5 DELRAY BEACH Writer's Direct Line: 561/243-7091 f I co RID ... ~ All-America City MEMORANDUM , III I! DATE: May 13, 2005 1993 TO: City Commission 2001 David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Resolution to Acquire Property by Gift. Purchase or Eminent Domain Attached please find a resolution passed by the CRA at their meeting of May 12, 2005 requesting that the City Commission give the CRA permission to acquire property located at 133 N.W. 5th Avenue. Resolution 31-05, which is the City's resolution, authorizes eminent domain by the CRA. Our office requests that this item be placed on the May 17, 2005 City Commission agenda for approval. ~ SAR:ci Attachments Cc: Chevelle Nubin, City Clerk Diane Colonna, Director, CRA Robert Federpiel, Esq. <iT ----- liteRA DEL RAY BEACH COMMUNITY REDEVELOPMENT AGENCY May 13, 2005 Susan Ruby City Attorney 200 NW I sl A venue Delray Beach FL 33444 RE: Resolution to Acquire Property by Gift, Purchase, or Eminent Domain Dear Susan, At the CRA meeting of May 12, 2005, the Board passed a resolution asking the City Commission to give the CRA pennission to acquire property located at 133 NW 5th A venue (copy attached). The property consists of a two-story, 10-unit apartment building that is poorly maintained. The acquisition is consistent with our efforts to redevelop NW/SW 5th Avenue, and will also ensure that the units remain in the pool of affordable housing. Attached also is a resolution for the City Commission's approval of the acquisition, including the use of eminent domain if necessary. I would appreciate it if you could have the item placed on the next available agenda. ~~ . .t\Î~ , Diane Colonna Executive Director c: David Harden, City Manager 20 North Swinton Avenue ~ Delray Beach, florida 33444 ~ Phone: 561/276-8640 ~ fax: 561/276-8558 ~ www.delraycra.org -------- , ". .:I:.¡f/Þ_ RESOLUTION NO. C~- O\p A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY REQUESTING THE CITY COMMISSION OF THE CITY OF DELRAY BEACH TO AUTHORIZE THE ACQUISITION IN FEE SIMPLE TITLE BY GIFT, PURCHASE OR EMINENT DOMAIN OF CERTAIN PROPERTY HEREINAFTER DESCRIBED, FINDING THAT SAID PROPERTY IS NECESSARY FOR THE PUBLIC PURPOSE OF REDEVELOPMENT, THE ELIMINA nON OF SLUM AND BLIGHT AND TO ENCOURAGE MINORITY BUSINESS DEVELOPMENT IN ACCORDANCE WITH THE COMMUNITY REDEVELOPMENT PLAN; AND FOR OTHER PURPOSES. WHEREAS, the Delray Beach Community Redevelopment Agency has duly adopted a Community Redevelopment Plan for the area within its jurisdiction; and WHEREAS, as part of its Community Redevelopment Plan, (the "Plan"), the Community Redevelopment Agency has established goals and objectives with respect to the elimination of slum and blight and the redevelopment ofthe NW and SW 5th A venue areas; and WHEREAS, in order to eliminate slum and blight, to encourage minority business development and to provide land for redevelopment, the DeIray Beach Community Redevelopment Agency desires to acquire certain lands as hereinafter described and as identified in its NW and SW 5th A venue Redevelopment Plan; and WHEREAS, the Community Redevelopment Agency has detennined that it is in the public's interest to proceed with the acquisition of the property hereinafter described by gift, purchase, or eminent domain and pursuant to Chapter 163.330, et seq., Florida Statutes, being the "Community Redevelopment Act of 1969," it is appropriate to request the City of Delray Beach to authorize the Delray Beach Community Redevelopment Agency to exercise the power .. - .. ... of eminent domain to the extent it determines is necessary for the said acquisition of the property described below. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Delray Beach Community Redevelopment Agency that: Section One: The City Commission of the City of Delray Beach is hereby requested to authorize the acquisition of the following real property legally described as follows: Parcel J Lots 4 and 5, REPLAT of Part of Block 27, TOWN OF LINTON, according to the Plat thereof as recorded in Plat Book 21, page 43 of the Public Records of Palm Beach County, Florida. by gift, purchase, or eminent domain as described in Chapter 163.330, et seq., Florida Statutes, being the "Community Redevelopment Act of 1969," and Chapters 73 and 74 Florida Statutes. The Delray Beach Community Redevelopment Agency shall acquire fee simple title to said property by gift, purchase, or eminent domain following the delegation of the above-described power of eminent domain. Section Two: The Board of Commissioners of the Community Redevelopment Agency hereby determines that it is necessary to acquire the property described above pursuant to its Community Redevelopment Plan and specifically its NW and SW 51h Avenue Redevelopment Plan as set forth therein. Section Three: This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this ~y Of~, 2005. COMMUNITY REDEVELOPMENT AGENCY By/' ¿--/a~ A~.e led Þr iJ ì)Î t lJ / ./ C airperson ¿ " , },). J J \ ) \ }I.J .,l i.. ...' _". ._--- Secretary 2 ~ - -------- RESOLUTION NO. 31-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. WHEREAS, by Ordinance No. 46-85 adopted by the City of Delray Beach, the City Commission of the City of Delray Beach, Florida, created the Delray Beach Community Redevelopment Agency; and WHEREAS, pursuant to Section 163.370(1)(e)(2) and Section 163.375, Florida Statutes, the Delray Beach Community Redevelopment Agency possesses the power to acquire by gift, purchase or eminent domain any real property within the community redevelopment area; and WHEREAS, Section 163.370(1)( e)(2), Florida Statutes, further provides that a community redevelopment agency may not exercise any power of eminent domain unless the exercise has been specifically approved by the governing body of the municipality which established the agency; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to approve or authorize the acquisition of the property hereinafter described by the Delray Beach Community Redevelopment Agency by gift, purchase or eminent domain as set forth in CRA Resolution NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Delray Beach Community Redevelopment Agency is hereby authorized to acquire fee simple title by gift, purchase or eminent domain that certain property more specifically legally described as follows: Parcel J Lots 4 and 5, REPLAT of Part of Block 27, TOWN OF LINTON, according to the Plat thereof as recorded in Plat Book 21, page 43 of the Public Records of Palm Beach County, Florida. - -- ---- Section 2. That this resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on the _ day of , 2005. MAYOR ATTEST: City Clerk 2 RES. NO. 31-05 . '. . .. DRAFT 5/16/05 TRIPARTY INTERLOCAL AGREEMENT BETWEEN THE SCHOOL DISTRICT OF PALM BEACH COUNTY, THE CITY OF DELRAY BEACH AND PALM BEACH COUNTY FOR FUNDING OF THE DEVELOPMENT OF A MASTER PLAN FOR THE ATLANTIC COMMUNITY HIGH SCHOOL CAMPUS CONVERSION THIS TRIPARTY INTERLOCAL AGREEMENT is made and entered into this _ day of , 2005, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County"), the SCHOOL DISTRICT OF PALM BEACH COUNTY, a corporate body politic pursuant to the Constitution of the State of Florida (hereinafter referred to as "School District") and the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as "City"). WIT N E SSE T H: WHEREAS, School District owns and operates Atlantic High School currently located at 2501 Seacrest Boulevard ("Old Atlantic Site"); and WHEREAS, the School District and the County have entered into an Interlocal Agreement dated October 15, 1996 numbered R-96-1691-D relating to the construction of the Seacrest Athletic Facility and the provision of parking spaces for use by patrons of Aquacrest Pool; and WHEREAS, the School District and the City entered into an Interlocal Agreement dated August 21, 1996 regarding the Seacrest Athletic Facility and a subsequent agreement date of March 5, 2002 regarding the establishment of a new high school on other property which also contained an agreement to make available land to the City (up to 15 acres on the Old Atlantic Site) to construct a soccer and/or recreational complex unless the remainder of the site was unusable as a middle school; and WHEREAS, the parties desire to enter into this Interlocal Agreement to provide for funding of the development of phased master plan for the Atlantic High School campus conversion, which will consist of improvements on the Old Atlantic Site located on the east side of Seacrest Boulevard and the Seacrest Athletic Facility located on the west side of Seacrest Boulevard ("Seacrest Athletic Site") within the City of Delray Beach. For purposes of this Agreement, the Old Atlantic Site and Seacrest Athletic Site are collectively referred to as the "Seacrest Site" and are more particularly described in Exhibit "A" attached hereto. WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into Interlocal Agreements with each other to jointly exercise any power, privilege, or ~\~\ 1 ~~~ ~\J~cl ~['L¿' ~ :c~ q~ -- .. , DRAFT 5/16/05 authority which such agencies share in common and which each might exercise separately. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: ARTICLE 1: GENERAL Section 1.01 The foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1.02 The purpose of this Interlocal Agreement is to enhance recreational opportunities for use by the public and thereby provide a mechanism for the County and City to assist School District to fund the development of a Master Plan in phases at the Seacrest Site for the Atlantic High School campus conversion. Section 1.03 The County's representative during the development of the Master Plan shall be the Director of Parks and Recreation, Palm Beach County Parks and Recreation Department, telephone no. (561 ) 966-6615. School District's representative during the development of the Master Plan shall be the Chief of Facilities Management, telephone no. (561) 357-7573. The City's representative during the development of the Master Plan shall be the City Attorney telephone no. (561) 243- 7091. Section 1.04 School District has utilized its procurement process for obtaining master plan services required for the Project. Neither the County nor the City shall have a contractual obligation to the person or entity retained by School District with regard to the Master Plan Project. ARTICLE 2. DEVELOPMENT OF MASTER PLAN Section 2.01 School District shall be responsible for development of the Master Plan and shall seek input from the County and the City on the Master Plan. Once the Master Plan is completed, the School District will notify the City and the County of any anticipated changes in the Master Plan and receive and consider County and City comments to such anticipated changes. Section 2.02 The Master Plan Scope of Work shaU be as follows: A. Phase 1 Master Plan: Utilize existing facilities on the Old Atlantic Site for offices, an alternative school and a holding Elementary School for a period of 2 to 4 years starting in August of 2005. 2 . . DRAFT 5/16/05 1. Site Investigation - verify existing conditions as they relate to converting spaces to accommodate Elementary School needs; 2. Research As-Builts; 3. Three (3) meetings with staff; 4. Two (2) meetings with the School District's Building Department; 5. Colored Presentation Master Plan 24'x36" and in PowerPoint Format; 6. Written report which includes a Statement of Probable Construction Cost. Lump Sum Fee not to exceed .............................................. $17,420.00 B. Phase 2 Master Plan: Intermediate Phase that includes the Master Plan for the future redevelopment of the Aquacrest Water Park by Palm Beach County Parks and Recreation Department and the development of Soccer fields on the Old Atlantic Site by the City of Delray Beach. 1. Three (3) meetings with the agencies involved; 2. Development of Master Plan to include the proposed improvements; 3. Colored Presentation Master Plan 24'x36" and in PowerPoint Format; 4. Written report. Lump Sum Fee not to exceed .............................................. $ 7,450.00 C. Phase 3 Master Plan: Final Phase which includes the demolition of existing buildings on the Old Atlantic Site to accommodate a new Middle School. 1. Three (3) meetings with staff; 2. Colored presentation Master Plan 24'x36" and in PowerPoint Format; 3. Written report which includes a Statement of Probable Construction Cost. 3 DRAFT 5/16/05 Lump Sum Fee not to exceed .............................................. $ 7,340.00 Total Proposed Lump Sum Fee not to exceed ........................... $32,210.00 Section 2.03. The Schedule for completion for each Maser Plan phase shall be as follows: Phase 1 completion: June 10, 2005 Phase 2 completion: July 22, 2005 Phase 3 completion: August 5,2005 ARTICLE 3: FUNDING Section 3.01 The total not to exceed amounts to develop the Master Plan as set forth in Section 2.02 shall be paid by the County and the City as follows: The City shall pay one-half (1/2) of the Phase 2 costs as indicated in Section 2.02. The County will pay one-half (1/2) of the Phase 2 costs as indicated in Section 2.02. The School District will pay Phase 1 and 3 costs. Any costs incurred in connection with the Project in excess of that amount set forth in Section 2.02 Phase 1 and 3 shall be the sole responsibility of School District. Any costs incurred in connection with the Project in excess of that amount set forth in Section 2.02 Phase 2 as a result of changes requested by the County and/or the City shall be the responsibility of the party requesting the change, or if both parties jointly request the change on a 50/50 basis between the County and the City. Section 3.02 The County and the City shall pay their respective shares within thirty (30) days from presentation of an invoice by the School District upon certification from the School District staff that Phase 2 is complete. ARTICLE 4: OWNERSHIP It is the intent of the County and the City to issue this funding assistance to School District for the purpose set forth hereinabove. In the event School District transfers ownership or management of the Old Atlantic Site to a party or parties not now a part of this Interlocal Agreement, and that entity agrees to assume in writing School District's obligations hereunder, the County and the City remain liable for the reimbursement of School District. It is the intent of the School District to provide the County and the City the opportunity to provide input and express opinions about how they would like to use the Old Atlantic Site. Should the County and/or the City change their plans to use or acquire the Old 4 ~- - - - --- DRAFT 5/16/05 Atlantic Site, the County and/or City will remain obligated to pay their portions for work that was completed on the Master Plan on their behalf prior to the change. Furthermore, the development and approval of the Master Plan in and of itself does not create an obligation on the part of any party to proceed with the development plans as depicted in the Master Plan. Subsequent approval by each respective board or commission and additional Interlocal Agreements are required prior to the execution of the development plans depicted in the Master Plan. ARTICLE 5: TERM OF INTERLOCAL The term of this Interlocal Agreement shall be until Phases 1, 2 and 3 of the Master Plan are completed and reviewed and accepted by the parties, as set forth in Section 2.03, commencing upon the date of execution of this Interlocal Agreement by the parties hereto. During the term of this Agreement, School District shall restrict the use of the Old Atlantic Site to recreational, educational or community use purposes only unless otherwise agreed to in writing by the parties hereto. During the term of this Agreement, City shall restrict the use of the Seacrest Athletic Site to recreational, educational or community use purposes only unless otherwise agreed to in writing by the parties hereto. ARTICLE 6: ADEQUATE RECORDS School District shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the Master Plan. ARTICLE 7: NOTICES Any notice given pursuant to the terms of this Interlocal Agreement shall be in writing and hand delivered or sent by certified mail, return receipt requested. All notices shall be addressed to the following: As to the County: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, FL 33461 As to School District: Chief of Facilities Management School District of Palm Beach County 3320 Forest Hill Blvd. West Palm Beach, FL 33406 As to City: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 5 DRAFT 5/16/05 ARTICLE 8: TERMINATION The County or City may terminate this Interlocal Agreement upon thirty (30) days advance written notice to School District for non-compliance by School District in the performance of any of the terms and conditions as set forth herein and where School District does not cure said non-compliance within ninety (90) days of receipt of written notice from the County to do so. Further, upon written notice, School District shall reimburse to the County and City any funds provided to School District pursuant to this Interlocal Agreement that have not been expended by the School District by the date of the notice of termination. The School District may terminate this Interlocal Agreement upon thirty (30) days advance written notice to the County and/or the City for failure to pay in accordance with Section 3.02 or for failure to provide input in a timely manner in order to complete Phase 2. ARTICLE 9: REMEDIES This Interlocal Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Interlocal Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties hereto may pursue any and all actions available under law to enforce this Interlocal Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. ARTICLE 10: FILING A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. ARTICLE 11: INDEMNIFICATION The parties recognize their respective liability for certain tortious acts of their agents, officers, employees and invitees, and agree to be responsible respectively for all claims, liability, losses, and/or causes of action that may arise from any negligent act or omission due to the acts of its agents, servants, or employees, to the extent and limits provided by law, the parties being subject to the limits provided in Section 768.28, Florida Statutes, the State of Florida's partial waiver of Sovereign Immunity; provided, 6 · DRAFT 5/16/05 however, that this provision shall not be construed as a waiver of any right or defense that any of the parties have under said statute. Each party covenants to maintain sufficient professional, general liability and worker's compensation coverage, unless self-insured, regarding its respective liability, throughout the term of this Interlocal Agreement. ARTICLE 12: CAPTIONS The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. ARTICLE 13: SEVERABILITY If any term or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 14: ENTIRETY OF AGREEMENT This Interlocal Agreement represents the entire understanding between the County, the City and School District as to the development of the Master Plan and supersedes all other negotiations, representations or agreements, either written or oral, pertaining to the development of the Master Plan. None of the provisions, terms and conditions contained in this Interlocal Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. The rights and obligations of each party as contained in other agreements is not superceded by this Agreement. ARTICLE 15: NO THIRD PARTY BENEFICIARIES This Interlocal Agreement is made solely and specifically among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Interlocal Agreement as a third-party beneficiary or otherwise. 7 · r DRAFT 5/16/05 ARTICLE 16: NO INTERPRETATION AGAINST DRAFTER No party shall be considered the author of this Interlocal Agreement since the parties have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Interlocal Agreement. Thus, the terms of this Interlocal Agreement shall not be strictly construed against one party as opposed to another party based upon who drafted it. IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed on the day and year first above written. ATTEST: PALM BEACH COUNTY, BY ITS BOARD Sharon R. Bock, Clerk and Comptroller OF COUNTY COMMISSIONERS By: By: Deputy Clerk Tony Masilotti, Chairman Approved as to Form and Legal Sufficiency: County Attorney WITNESSES: SCHOOL DISTRICT OF PALM BEACH COUNTY By: Thomas E. Lynch, Chairman Approved as to Form and Legal Sufficiency: School District Attorney ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jeff Perlman, Mayor Approved as to Form and Legal Sufficiency: City Attorney 8 ~ . . t C . .. . . SEACREST AVE PROPERTY: LEGAL DESCRIPTION Parcell: Folio '12 43 46 04 00 000 7370 The East 340 feet of the Northwest quarter of the Southwest quarter of the Southwest quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida; LESS the following described parcels: 1. The South 15 feet of the above-described parcel; 2. The East 40 feet of the above-described parcel; 3. The West 130 feet of the East 170 feet of the North 1 SO feet of the South 290 feet of the above-described parceli 4. The North 125 feet of the South 140 feet of the East 265 feet of the West 305 feet of the above-described parcel. TOGETHER WITH Parcel 2: Foliot 12 43 46 04 00 000 7380 The West 168.00 feet of the East 300.00 feet of the North 125.00 feet of the South 140.00 feet of the Northwest quarter of the Southwest quarter of the Southwest quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida. TOGETHER WITH Parcel 3: The North 1 SO feet of the South 290 feet of the East 170 feet of South the one-half of the Northwest one-quarter of the Southwest one-quarter; Less East 40 feet for road right-of- way, Section 4, Township 46 South, Range 43 East Palm Beach County, Florida, also described as: Commencing at an iron rod on the westerly right-of-way line of Seacrest Boulevard, which is 140 feet North of and 40 feet West of the Southeast corner of the Northwest one-quarter of the Southwest one-quarter of the Southwest one-quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida; thence run South 89°47'35. West for a distance of 130 feet to a conaete to a concrete monument; thence run North 0°32'25" West for a distance of 150 feet to a concrete monument; thence run North 89° 47'35" East for a distance of 130 feet to an iron rod on the westerly right-of-way line of Seacrest Boulevard; thence run South 0032'2S· East along the westerly right-of-way line of Seacrest Boulevard a distance of 1 SO feet to the point of beginning. LESS AND EXCEPT any portion of the property used for public right-of-way for parcels, 1,2, and 3. Parcels 1,2, and 3 containing 19O,2S0 square feet, 4.37 acres, more or less. EXHIBIT A " . . 1... \. r L . - " J I l - + - - - -N. ,:. 22tÐ Slh:éf- - - - - - I r--- - l 111111111 \: ~ : II I - I I ~ I I R I I IIII : Iii: - .1 m ~ ~ ~ ~ I11111'1 ! ð ~ r I I Iii (j>1 r. - - - - 1 I IlIi-:. ?,: I ~I,~ , ,-- I . , I ,I : I I _~ - I I' I I I I I -_____=====~J - t- - - - -fANOflWC TRAI::- - - - - - , , í EXJDBIT B ; I I I \1 II ~ ~T ÅTH...eTT~ "~/L.lT!es I ÅTLANTI~ HIISH 5GHOCL. _ I - !. '111 ~ P\lQ!L.IMINARY fDLAN 0" Oev!l..O~T I PHASIN6 I J 1 . ()!\ . t4 [IT' DF DELRAY BEA[H CITY ATTORNEY'S OFFICE ~Ci() '\iVY },1 \\T:\l Fe' DE:LR\'{ BE\C'H FLORIDA 3:,\'+-f{ rULPflO,\[ ~hl:,+,-7fl<)()'1 \C'SIl\IILL ~hl!2n-'+755 DELRAY BEACH Writer's Direct Line: 561/243-7091 f l 0 It I [) A D.8&II MEMORANDUM All-America City , IIII!~:~E: May 10, 2005 City Commission 1993 David Harden, City Manager 2001 FROM: Susan A. Ruby, City Attorney SUBJECT: Tripartite and Inter/ocal Agreement Between the School District of Palm Beach County, the City of Delray Beach and Palm Beach County for Funding of the Development of a Master Plan for the Atlantic Hiah School Campus Conversion Enclosed is the above agreement for the Development of a Master Plan for the old Atlantic High School and Athletic Facility sites. The City is agreeing to pay one- half of the Phase 2 costs or an amount not to exceed $3,725.00. The County will pay an amount not to exceed $3,725.00 for their one-half share. The School District will pay Phase I and 3 costs. If the City or County request changes, it shall be borne by the party requesting the change, unless it is a joint request wherein the County and the City will each pay one-half of the extra amount. The School District expects to place the Agreement on their May 20, 2005 meeting agenda. Please place this agreement on the May 17, 2005 consent agenda. Cc: Chevelle Nubin, City Clerk Richard Hasko, Director of Environmental Services Joe Weldon, Director of Parks and Recreation Angela Usher, Mgr. Inter-governmental Relations Bill Wilsher, Planning Superintendent, Parks and Recreation Susan Yinger, Contract/Grant Coordinator Joe Sanches, Chief of Facilities Management '\-:r DRAFT 5/12/05 TRIPARTY INTERLOCAL AGREEMENT BETWEEN THE SCHOOL DISTRICT OF PALM BEACH COUNTY, THE CITY OF DELRAY BEACH AND PALM BEACH COUNTY FOR FUNDING OF THE DEVELOPMENT OF A MASTER PLAN FOR THE ATLANTIC COMMUNITY HIGH SCHOOL CAMPUS CONVERSION THIS TRIPARTY INTERLOCAL AGREEMENT is made and entered into this _ day of ,2005, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County"), the SCHOOL DISTRICT OF PALM BEACH COUNTY, a corporate body politic pursuant to the Constitution of the State of Florida (hereinafter referred to as "School District") and the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as "City"). WIT N E SSE T H: WHEREAS, School District owns and operates Atlantic High School currently located at 2501 Sea crest Boulevard ("Old Atlantic Site"); and WHEREAS, the School District and the County have entered into an Interlocal Agreement dated October 15, 1996 numbered R-96-1691-D relating to the construction of the Seacrest Athletic Facility and the provision of parking spaces for use by patrons of Aquacrest Pool; and WHEREAS, the School District and the City entered into an Interlocal Agreement dated August 21, 1996 regarding the Seacrest Athletic Facility and a subsequent agreement date of March 5, 2002 regarding the establishment of a new high school on other property which also contained an agreement to make available land to the City (up to 15 acres on the Old Atlantic Site) to construct a soccer and/or recreational complex unless the remainder of the site was unusable as a middle school; and WHEREAS, the parties desire to enter into this Interlocal Agreement to provide for funding of the development of phased master plan for the Atlantic High School campus conversion, which will consist of improvements on the Old Atlantic Site located on the east side of Seacrest Boulevard and the Seacrest Athletic Facility located on the west side of Seacrest Boulevard ("Seacrest Athletic Site") within the City of Delray Beach. For purposes of this Agreement, the Old Atlantic Site and Seacrest Athletic Site are collectively referred to as the "Seacrest Site" and are more particularly described in Exhibit "A" attached hereto. WHEREAS, Section 163.01, Florida Statutes, pennits public agencies to enter into Interlocal Agreements with each other to jointly exercise any power, privilege, or 1 DRAFT 5/12/05 authority which such agencies share in common and which each might exercise separately. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: ARTICLE 1: GENERAL Section 1.01 The foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1.02 The purpose of this Interlocal Agreement is to enhance recreational opportunities for use by the public and thereby provide a mechanism for the County and City to assist School District to fund the development of a Master Plan in phases at the Seacrest Site for the Atlantic High School campus conversion. Section 1.03 The County's representative during the development of the Master Plan shall be the Director of Parks and Recreation, Palm Beach County Parks and Recreation Department, telephone no. (561 ) 966-6615. School District's representative during the development of the Master Plan shall be the Chief of Facilities Management, telephone no. (561) 357-7573. The City's representative during the development of the Master Plan shall be the City Attorney telephone no. (561) 243- 7091. Section 1.04 School District has utilized its procurement process for obtaining master plan services required for the Project. Neither the County nor the City shall have a contractual obligation to the person or entity retained by School District with regard to the Master Plan Project. ARTICLE 2. DEVELOPMENT OF MASTER PLAN Section 2.01 School District shall be responsible for development of the Master Plan and shall seek input from the County and the City on the Master Plan. Once the Master Plan is completed, the School District will notify the City and the County of any anticipated changes in the Master Plan and receive and consider County and City comments to such anticipated changes. Section 2.02 The Master Plan Scope of Work shall be as follows: A. Phase 1 Master Plan: Utilize existing facilities on the Old Atlantic Site for offices, an alternative school and a holding Elementary School for a period of 2 to 4 years starting in August of 2005. 2 --~---- - - DRAFT 5/12/05 1. Site Investigation - verify existing conditions as they relate to converting spaces to accommodate Elementary School needs; 2. Research As-Builts; 3. Three (3) meetings with staff; 4. Two (2) meetings with the School District's Building Department; 5. Colored Presentation Master Plan 24'x36" and in PowerPoint Format; 6. Written report which includes a Statement of Probable Construction Cost. lump Sum Fee not to exceed ...................... ............ ............ $17,420.00 B. Phase 2 Master Plan: Intermediate Phase that includes the Master Plan for the future redevelopment of the Aquacrest Water Park by Palm Beach County Parks and Recreation Department on the northern portion of the Seacrest Athletic Site and the development of Soccer fields on the Old Atlantic Site by the City of Delray Beach. 1. Three (3) meetings with the agencies involved; 2. Development of Master Plan to include the proposed improvements; 3. Colored Presentation Master Plan 24'x36" and in PowerPoint Format; 4. Written report. lump Sum Fee not to exceed .............................................. $ 7,450.00 C. Phase 3 Master Plan: Final Phase which includes the demolition of existing buildings on the Old Atlantic Site to accommodate a new Middle School. 1. Three (3) meetings with staff; 2. Colored presentation Master Plan 24'x36" and in PowerPoint Format; 3. Written report which includes a Statement of Probable Construction Cost. 3 DRAFT 5/12/05 Lump Sum Fee not to exceed .............................................. $ 7,340.00 Total Proposed Lump Sum Fee not to exceed ........................... $32,210.00 Section 2.03. The Schedule for completion for each Maser Plan phase shall be as follows: Phase 1 completion: June 10, 2005 Phase 2 completion: July 22, 2005 Phase 3 completion: August 5, 2005 ARTICLE 3: FUNDING Section 3.01 The total not to exceed amounts to develop the Master Plan as set forth in Section 2.02 shall be paid by the County and the City as follows: The City shall pay one-half (1/2) of the Phase 2 costs as indicated in Section 2.02. The County will pay one-half (1/2) of the Phase 2 costs as indicated in Section 2.02. The School District will pay Phase 1 and 3 costs. Any costs incurred in connection with the Project in excess of that amount set forth in Section 2.02 Phase 1 and 3 shall be the sole responsibility of School District. Any costs incurred in connection with the Project in excess of that amount set forth in Section 2.02 Phase 2 as a result of changes requested by the County and/or the City shall be the responsibility of the party requesting the change, or if both parties jointly request the change on a 50/50 basis between the County and the City. Section 3.02 The County and the City shall pay their respective shares within thirty (30) days from presentation of an invoice by the School District upon certification from the School District staff that Phase 2 is complete. ARTICLE 4: OWNERSHIP It is the intent of the County and the City to issue this funding assistance to School District for the purpose set forth hereinabove. In the event School District transfers ownership or management of the Old Atlantic Site to a party or parties not now a part of this Interlocal Agreement, and that entity agrees to assume in writing School District's obligations hereunder, the County and the City remain liable for the reimbursement of School District. It is the intent of the School District to provide the County and the City the opportunity to provide input and express opinions about how they would like to use the Old Atlantic Site. Should the County and/or the City change their plans to use or acquire the Old 4 DRAFT 5/12/05 Atlantic Site, the County and/or City will remain obligated to pay their portions for work that was completed on the Master Plan on their behalf prior to the change. Furthermore, the development and approval of the Master Plan in and of itself does not create an obligation on the part of any party to proceed with the development plans as depicted in the Master Plan. Subsequent approval by each respective board or commission and additionallnterlocal Agreements are required prior to the execution of the development plans depicted in the Master Plan. ARTICLE 5: TERM OF INTERLOCAL The term of this Interlocal Agreement shall be until Phases 1, 2 and 3 of the Master Plan are completed and reviewed and accepted by the parties, as set forth in Section 2.03, commencing upon the date of execution of this Interlocal Agreement by the parties hereto. During the term of this Agreement, School District shall restrict the use of the Old Atlantic Site to recreational, educational or community use purposes only unless otherwise agreed to in writing by the parties hereto. During the term of this Agreement, City shall restrict the use of the Seacrest Athletic Site to recreational, educational or community use purposes only unless otherwise agreed to in writing by the parties hereto. ARTICLE 6: ADEQUATE RECORDS School District shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the Master Plan. ARTICLE 7: NOTICES Any notice given pursuant to the terms of this Interlocal Agreement shall be in writing and hand delivered or sent by certified mail, return receipt requested. All notices shall be addressed to the following: As to the County: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, FL 33461 As to School District: Chief of Facilities Management School District of Palm Beach County 3320 Forest Hill Blvd. West Palm Beach, FL 33406 As to City: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 5 DRAFT 5/12/05 ARTICLE 8: TERMINATION The County or City may terminate this Interlocal Agreement upon thirty (30) days advance written notice to School District for non-compliance by School District in the performance of any of the terms and conditions as set forth herein and where School District does not cure said non-compliance within ninety (90) days of receipt of written notice from the County to do so. Further, upon written notice, School District shall reimburse to the County and City any funds provided to School District pursuant to this Interlocal Agreement that have not been expended by the School District by the date of the notice of termination. The School District may terminate this Interlocal Agreement upon thirty (30) days advance written notice to the County and/or the City for failure to pay in accordance with Section 3.02 or for failure to provide input in a timely manner in order to complete Phase 2. ARTICLE 9: REMEDIES This Interlocal Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Interlocal Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties hereto may pursue any and all actions available under law to enforce this Interlocal Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. ARTICLE 10: FILING A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. ARTICLE 11: INDEMNIFICATION The parties recognize their respective liability for certain tortious acts of their agents, officers, employees and invitees, and agree to be responsible respectively for all claims, liability, losses, and/or causes of action that may arise from any negligent act or omission due to the acts of its agents, servants, or employees, to the extent and limits provided by law, the parties being subject to the limits provided in Section 768.28, Florida Statutes, the State of Florida's partial waiver of Sovereign Immunity; provided, 6 DRAFT 5/12/05 however, that this provision shall not be construed as a waiver of any right or defense that any of the parties have under said statute. Each party covenants to maintain sufficient professional, general liability and worker's compensation coverage, unless self-insured, regarding its respective liability, throughout the term of this Interlocal Agreement. ARTICLE 12: CAPTIONS The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. ARTICLE 13: SEVERABILITY If any term or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 14: ENTIRETY OF AGREEMENT This Interlocal Agreement represents the entire understanding between the County, the City and School District as to the development of the Master Plan and supersedes all other negotiations, representations or agreements, either written or oral, pertaining to the development of the Master Plan. None of the provisions, terms and conditions contained in this Interlocal Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. The rights and obligations of each party as contained in other agreements is not superceded by this Agreement. ARTICLE 15: NO THIRD PARTY BENEFICIARIES This Interlocal Agreement is made solely and specifically among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Interlocal Agreement as a third-party beneficiary or otherwise. 7 DRAFT 5/12/05 ARTICLE 16: NO INTERPRETATION AGAINST DRAFTER No party shall be considered the author of this Interlocal Agreement since the parties have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Interlocal Agreement. Thus, the terms of this Interlocal Agreement shall not be strictly construed against one party as opposed to another party based upon who drafted it. IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed on the day and year first above written. ATTEST: PALM BEACH COUNTY, BY ITS BOARD Sharon R. Bock, Clerk and Comptroller OF COUNTY COMMISSIONERS By: By: Deputy Clerk Tony Masilotti, Chairman Approved as to Form and Legal Sufficiency: County Attorney WITNESSES: SCHOOL DISTRICT OF PALM BEACH COUNTY By: Thomas E. Lynch, Chairman Approved as to Form and Legal Sufficiency: School District Attorney ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Jeff Perlman, Mayor Approved as to Form and Legal Sufficiency: City Attorney 8 1I'i/l :::/:::1111'i 18 117 FAX 'i8l:::7847'i'i CITY A TT ORtlEY -+ Cl ty H.'Ill IilI II "'/"11::: / .' -, ( ( SEACREST AVE PROPER1Y: LEGAL DESCRIPTION Parcel 1: Folio #1243460400 0007370 The East 340 feet of the Northwest quarter of the Southwest quarter of the Southwest quarter of Seaion 4, Township 46 South, Range 43 East, Palm Beach County, Florida; LESS the following described parcels: 1. The South 15 feet of the above-descrJbed parcel; 2. The East 40 feet of the above-described parcel; 3. The West 130 feet of the East 170 feet of the North 150 feet of the South 290 feet of the above<lescribed parcel; J.. 4. The North 125 feet of the South 140 feet of the East 265 feet of the West 305 feet of the abo....~escribed parc@l. TOGETHER WITH Parcel 2; Folio#" 12 43 4604000007380 The West 168.00 feet of the East 300.00 feet of the North 125.00 feet of the South 140.00 feet of the Northwest quarter of the Southwest ~uan:er of the Southwest quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida. TOGETHER WITH Parcel 3: The North 150 feet of the $oufh 290 feet of [he East 170 feet of South the one-half of the Northwest one-quarter of the Southwest one-quarter; Less East 40 feet for road righr-of- way, Seaion 4, Township 46 South, Range 43 Eas[ Palm Beach County, Florida, also described as: Commencins at an iron rod on the westerly right-of-way line of Seacrest Boulevard, which is 140 feet North of and 40 feet West of the Southeast corner of the Northwest one-quarter of the Southwest one-quarter of the Southwest one-quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida; thence run South 69°47'35" West for a distance of 130 feet to a concrete to a concrete monument; thence run North 0°32'25" West for a distance of 150 feet to a concrete monument; thence run North 89"47'35" East for a distance of 130 feet to an iron rod on the westerly right-<)f-way line of Sea crest Boulevard; thence run South 0"32'25" East along the westerly right-oF-way line of Seacrest Boulevard a distance of 150 feet to the point of beginning. LESS AND EXCEPT any portion of the property used for public right-of-way for parcels, 1,2, and 3. Parcels' I 2, and :3 containing 190,250 square feet, 4.37 acres. more or less. EXHIBIT A -- t H 11 fÃ 111''-'/111''-' _, _ c, _ n - r r GI 1'1' A TT IJ R t~ E Y .. C 1 - V ¡:j '<!J - - II~I!1:::/:::IIII'i 11:0 "I F,~X 'iBl_lu4t-'J , I -- (- I ( . J I l - -+- - - - --N. E. 22ND STREE'F- - - - - - I r--- - l IUUIU i :: ~ : ili I ~ : I r- I I ~ I ¡ I I I I Iii!: : B¡i: - ¡ j! I I 5- ~ I ~ I: ~ jJ ~ ~I i~I"'lliJl ~ ~ ~ I I i f i ~: í. - - - · l I: I I hi I ?? II j I I I I I I ~ I I ~ I ~ . I i 14. ! f I I " I ! I ! .-/ ! \-L-_____==-===iJ - t-- -- - - -=l'ANOERtE TRAit:- - - - - - ~ ( I I EXHIBIT B I I I ~ J , ,¡i¡l! ~ OEA.oRe5~ ATHl.ETI.o F-..oILI"ME5 I AT1..AI<TI.o HI<SH 5<OHOOL f"ii'ïTITTT:t¡' I ¡ ! 1 J ~ 11'; ~ F'REL.II'-1INA.RY PLAN 01'" DeYa.OFt-'tEN" i PHASIN.s ~ I . . ~ tlTY DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 2110,\;W hI A\'E'\Tl:' OELR-'\.Y BE-'\.CH FLORIDA ~~444 ILLEPHO;\L :'(1! /2+ ,- ¡I)YO . -·\CSI\IILE :'if¡ 1!2ì8-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 F l C R I [ ... D.8I:II All-America City MEMORANDUM , III I! DATE May 10, 2005 City Commission 1993 TO: 2001 David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Termination of Interlocal Agreement (Agreement dated August 24, 2004 ) I received the attached letter from John McKirchy, Senior Assistant City Attorney for the City of Boca Raton requesting the City's approval of the Termination of I nterlocal Contract Between the City of Delray Beach and the City of Boca Raton that he has drafted. Our office requests that this item be placed on the May 17, 2005 City Commission agenda for approval. ~ Attachment Cc: Chevelle Nubin, City Clerk Chief Kerry Koen, Delray Beach Fire Department John McKirchy, Assistant City Attorney, Boca Raton Diana Grub Frieser, City Attorney, Boca Raton qK · Ctf~ 0/ f!ð=a ~ CITY HALL' 201 WEST PALMETTO PARK ROAD' BOCA RATON, FLORIDA 33432-3795 . PHONE: (561) 393-7700 (FOR HEARING IMPAIRED) TDD' (561) 367-7046 SUNCOM: (561) 922-7700 INTERNET: www.cl.boca-ratonJl.us May 5, 2005 Susan Ruby, Esq. City Attorney 200 N.W. First Avenue Delray Beach, FL 33444 RE: Termination of Interlocal Agreement (Agreement dated August 24, 2004) Dear Susan: I am forwarding for your review a draft Termination of Interlocal Agreement dated August 24,2004, between the Cities of Delray Beach and Boca Raton. If acceptable, please advise me and I will arrange for placement on a City Council agenda. Very truly yours, ~~c~l:\~ enior Assistant City Attorney JOM/cf cc: Diana Grub Fneser, City Attorney RECEiVED q :\let\05/3353 MAY 0 9 2005 ?X:z. - AN EQUAL OPPORTUNITY EMPLOYER - CITY ATfORNE'1 ~¢ì Printed on recyded paper. DRAFT TERMINATION OF INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE CITY OF BOCA RATON THIS TERMINATION OF INTERLOCAL AGREEMENT is made this day of , 2005, by and between the CITY OF DELRA Y BEACH, a Florida municipal corporation, (hereinafter referred to as "Delray Beach") and the CITY OF BOCA RATON, a Florida municipal corporation, (hereinafter referred to as "Boca Raton"). WIT N E SSE T H: WHEREAS, the City of Boca Raton, pursuant to Resolution No. 136-2004, entered into an Interlocal Agreement with the City of Delray Beach relating to the planned City of Boca Raton Fire Training Facility, dated August 24,2004 (''Interlocal Agreement"); and WHEREAS, the parties to the Interlocal Agreement desire to terminate the Interlocal Agreement; now therefore NOW, THEREFORE, the parties hereby agree as follows: 1. The Interlocal Agreement, a copy of which is attached hereto as Attachment A, is hereby terminated, effective on the date above written. 2. A copy of this Termination of Interlocal Agreement shall be recorded in the Official Records of Palm Beach County. CITY OF DELRA Y BEACH, FLORIDA ATTEST: By: Jeff Perlman, Mayor Chevelle Nubin, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Susan Ruby, City Attorney - ------- DRAFT CITY OF BOCA RATON, FLORIDA ATTEST: By: Steven L. Abrams, Mayor Sharma Carannante, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Diana Grub Frieser, City Attorney q:\agr\2005\05-1489 2 . . . ATTACHMENT "A" INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRA Y BEACH AND THE CITY OF BOCA RATON FOR FIRE TRAINING FACILITY CONSTRUCTION THIS AGREEMENT is made this ~day of £j~ . ,2004, by and between the CITY OF DELRA Y BEACH, a Florida municipal corporation, (hereinafter referred to as "Delray Beach"), and the CITY OF BOCA RATON, a Florida municipal corporation, (hereinafter referred to as "Boca Raton"). WIT N E SSE T H: WHEREAS, Delray Beach and Boca Raton are desirous of providing fire and police training at a state certified fire training facility to be developed by the City of Boca Raton (hereinafter referred to as "Facility"); and WHEREAS, Delray Beach agrees to contribute to the construction of the training Facility in exchange for use of said Facility by Defray Beach's Fire and Police departments. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. Boca Raton shall commence construction of the Facility on or around November, 2004. 3. Delray Beach, shall, within ten (10) days of request by Boca Raton, pay to Boca Raton the amount of $250,000.00 as a first payment. Said payment shall provide funding towards the commencement of construction of Phase I of the Facility as shown on the site plan attached hereto and incorporated herein as Exhibit "A". ----- 4. Both parties agree that Phase I construction shall include the Boca Raton Fire Rescue classrooms and training spaces and burn simulator, as well as the training tower. (Training tower as depicted on the site plan attached hereto as Exhibit "A"). 5. Delray Beach shall fund a second payment after April 1, 2005 in the amount of $250,000.00 towards the commencement of construction of Phase II of the Facility as shown on Exhibit "A" within ten (10) days of Boca Raton's request for same, so long as Boca Raton has commenced construction of Phase I by no later than March 1, 2005. The parties further agree that this second payment shall be made by Defray Beach subject to funding approval by the City Commission for the City of Delray Beach for the 2005 fiscal year. 6. Defray Beach's contribution towards the construction of the Facility shall ensure its rights to use both Phase I and Phase II of the Facility at no additional facility construction cost to Defray Beach. Delray Beach's first payment of $250,000.00 shall ensure that Defray Beach shall be permitted to use the Facility at no additional construction cost until September 30, 2012. Defray Beach's· second payment of $250,000.00 shall extend Delray Beach's rights to use the Facility at no additional construction cost until September 30,2017. 7. Boca Raton shall be responsible for coordination of funding the remainder of the costs for construction of the Facility. 8. Boca Raton shall ensure that the Facility shall be state certified and shall meet the Minimum Standards For Firefighters in accordance with Chapter 633, Florida Statutes. 2 · 9. Both parties agree that the target completion date for Phase I shall be January, 2007. In the event that Phase I construction is not completed by September, 2007, Boca Raton shall refund to Delray Beach all monies paid by Delray'Beach upon request. Once the money has been refunded, Delray Beach's use of the Facility will be terminated. 10. Both parties agree that the following issues will be addressed in subsequent agreements at a later date: a. Programs and joint-use responsibilities of the Facility; b. Operating and maintenance expenses of the Facility; c. Program costs; and d. Phase II construction schedule and elements. 11. The term of this Agreement shall commence upon execution by both parties and shall continue until September 30, 2017, unless only one payment in the amount of $250,000.00 is funded by Delray Beach or unless Boca Raton fails to construct, in which case the Agreement shall terminate on September 30,2012. 12. This Interlocal Agreement shall be filed pursuant to the requirement of Section 163.01 (11) of the Florida Statutes. 13. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 3 14. The validity of any portion, article, paragraph, provision, clause, or any portion of this Agreement shall have no force and effect upon the validity of any other part or portion hereof. . 15. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 16. Neither Delray Beach nor Boca Raton shall assign or transfer any rights or interest in this Agreement. 17. This Agreement shall not be valid until signed by the Mayors and the City Clerks of the Cities of Delray Beach and Boca Raton. ATTEST: ~ ~~~ )). ~~~~~ .,~ City Clark Approved as to Form¡¿: j . fJß OA/lAyfl /~ J\ ~){ City Attorney 1: CI~~DA /J B?' -e- 'ljfflf,( (M~ Steven L. Abrams, Mayor ity Clerk Approved as to Form: ~o,~ City ttorney 4 Exhibit A . I ~ HE"" PÙ'.', ~I "Ii I.., ,'6' It- ..t ~_. -..-..- ¡¡; ß g¡ ~- ~ & dJ!¡,.tt.I. U~ C~JAAD .1 IJATE . ~'I Hl'JIJ>E ". .. J S ~ . . . 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RESCI£.· ~;¡.I,l".iL" :;::~'JI' :" ",,~i!i. (.\J i ~:" ',.:-;;": j~.~¡';'~. 'i./j" ,ÆJt . I ~ .....'011. 1"~"1 n"l :1!: '!V ' wi' ''''.,.~ .-\ ... -.7"~ ~\ ' . . ... I' r,,-"-" '. "'·(.'Ir.¡;¡ 1 ~""""'V ·''rf.·,,'rit.':I,t'.t>,·Þ . -. . . '. II";~ f ~h &~. t... yo. -¥ ~~.~ - ~ " ,......,.. .' .". ,'. " """j" ~I""\'~i...~!.:¡~~, _ ',¡¡¡:iI.~:¡;¡.;..<, 'Z,\\<.,;-;;<....»."¡:;'t'\ . , . : '. '::' ¡~:~:.¡ 1!1~ I :f~~~~P~~' ~f ~~Ikiìf.,,~ ,. ·~~~:r··~!~~~~i;;.I·,,;~.'~1~~¿~J\! , ' II,·,., ,j ~ ,j :\,"';,1,..t~\V!1 F, ';:"/"., ..!-:..~,,~~,.,'t...,.~.~.;t~ .' .~);,.!!.,.' :'.,~ r.t~~~?~_' .. :;:::;:~,~'''_--;7;.~'-'. , .~ .' - OIAT ~OAD O' 50' 100' 15D' 200' / SITE PLAN 7iily/ oF to/JO€rl/ /!llnIOYl/ II CURRIE · SOWARDS · AGUILA · ARCHITECTS Architects. Planners· Interior Designers FII~E-RESCUE TRAI~ ING FACILITY . REVISED 7/27/04 . Incorpo4~~t;d 1925 -..... - ......._ Jt- - _.L"t-.....r..'J: > . . RESOLUTION 136-2004 1 2 A RESOLUTION OF THE CITY OF BOCA RATON 3 AUTHORIZING THE MAYOR AND CITY CLERK TO 4 EXECUTE AN AGREEMENT WITH THE CITY OF DELRAY 5 BEACH FOR THE PURPOSE OF ALLOWING USAGE BY 6 THE CITY OF DELRA Y BEACH OF THE FUTURE CITY OF 7 BOCA RATON FIRE TRAINING FACILITY IN EXCHANGE 8 FOR A CONTRIBUTION OF FUNDS FOR FACILITY 9 CONSTRUCTION BY THE CITY OF DELRA y. BEACH; 10 PROVIDING FOR SEVERABILITY; PROVIDING FOR 11 REPEALER; PROVIDING AN EFFECTIVE DATE 12 13 WHEREAS, the City of Boca Raton desires to enter into an agreement with the City of 14 Delray Beach for the purpose of allowing usage of the future City of Boca Raton Fire Training 15 Facility by the City of Delray Beach in exchange for a contribution of funds for facility 16 construction by the City of Delray Beach; and 17 WHEREAS, such agreement has been prepared and a copy thereof is attached 18 hereto; and 19 1 . I l' BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA 2 RATON: 3 . 4 Section 1. That the Mayor and City Clerk be authorized to execute the agreement 5 with the City of Delray Beach, a copy of which is attached hereto. 6 Section 2. If any section, subsection, clause or provision of this resolution is held 7 invalid, the remainder shall not be affected by such invalidity. 8 Section 3. All resolutions or parts of resolutions in conflict herewith shall be and 9 hereby are repealed. 10 Section 4. This resolution shall take effect immediately upon adoption. 11 PASSED AND ADOPTED by the City Council of the City of Boca Raton this d2¥( 12 day of V7 ,2004. 13 14 CITY OF BOCA RATON, FLORIDA 15 ~ 16 ATTEST: 17 18 19 tU~ 20 ...-- 21 harma Carannante, City Clerk 22 ~ 23 24 25 26 COUNCIL VOTE YE NO ABSTAINED MAYOR STEVEN L. ABRAMS DEPUTY MAYOR BILL HAGER COUNCIL MEMBER DAVE FREUDENBERG COUNCIL MEMBER SUSAN HAYNIE COUNCIL MEMBER SUSAN WHELCHEL 27 28 2 ~ [ITY DF DELIA' BEA£H CITY ATTORNEY'S OFFICE 21)i} ,\\\' ht A\F\U" DLLR....'r BI:.ACH, FLORIDA 33444 TLLIYtlO'\L ~61 i24_~- 'IItJi) . F\CSI\III E :'hli278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH MEMORANDUM f L " ~ I ") A D.e:d May 10, 2005 All-America City DATE: , III I! TO City Commission David T. Harden, City Manager I'(b 1993 FROM: Terrill Barton, Assistant City Attorney 2001 SUBJECT: City's Offer of Judgment/Proposal for Settlement in Charles and Elinor Mell v. City of De/ray Beach and F/orida East Coast Railway The City Attorney's Office is requesting City Commission authorization to propose two (2) offers of judgment in the case of Charles and Elinor Mell v. City of De/ray Beach, et a/.; one in the amount of Three Thousand Dollars ($3,000.00) to be paid to Plaintiff, Charles Mell and the other in the amount of Five Hundred Dollars ($500.00) to be paid to Plaintiff, Elinor Mell. The Plaintiffs filed suit against the City in November, 2003 as a result of an incident that occurred on August 26, 2000 wherein Mr. Mell was walking eastbound on the south side of Atlantic Avenue when he tripped and fell at the FEC grade crossing where the sidewalk meets the gravel. Mr. Mell asserts that his injuries include a fracture to his right wrist and a fracture to his left leg. Mrs. Mell has alleged loss of consortium as a result of her husband's injuries. The Plaintiffs are suing the City as well as Florida East Coast Railway (FEC) for damages as a result of the incident. The City has an agreement with the FEC to maintain the crossing and the FEC has stated that they may file a cross claim against the City alleging common-law indemnity. It is expected the costs of trial will exceed Three Thousand Five Hundred Dollars ($3,500.00). If the Plaintiffs accept the City's settlement offer, then the City would request that the Plaintiffs release the City of all claims. If the Plaintiffs do not accept the City's offer, then the City may be able to recoup its costs at trial if the Plaintiff's recovery at trial is in an amount at least 25% less than each respective offer amount. Please place this item on the May 17, 2005 City Commission agenda. Thank you. TCP:smk cc: Chevelle Nubin, City Clerk C\L , ~ [IT' DF DELRRY BER[H cm AnORNEY'S OFFICE 300 \\~ ATIA'\1!C A\T\I'E . DELRAY BEACH, FLORIDA 334-í4 ~ POLICE LEGAL ADVISOR 1ELEPHO'\E '561 '2J3--:"823 . FAC'>I~llLE 561..'243-7815 , III I! POLICE LEGAL ADVISOR MEMORANDUM 1993 To: City Commission 1 From: Catherine M. Kozol, Ass!. City Attorney V- For Susan Ruby, City Attorney Date: May 13, 2005 Re: Freedman v. City of Delray Beach Settlement offer This case arose from an accident which occurred on January 21, 2004 at approximately 6:30 p.m. At that time, the plaintiff, Bret Freedman, was crossing Linton Blvd. at the intersection of 8th Street to get to the convenience store by Lucille's Bad to the Bones BBQ on the other side. There was no traffic light or crosswalk where the plaintiff crossed. Capt. Ralph Phillips, who was in an unmarked vehicle, made a left turn from 10th Street eastbound into the center lane of Linton Blvd. Capt. Phillips quickly looked in his rear view and side view mirrors and to the right to check for oncoming traffic. He then started to switch from the middle lane to the right lane to make a right turn on 4th Street when the plaintiff was hit. The plaintiff's medicals to date are approximately $120,000.00. The plaintiff broke his right shoulder, arm and leg. The plaintiff needs 2 more surgeries to remove rods that were added in previous surgeries. The plaintiff's wife, although separated from her husband at the time of the incident, has also filed a loss of consortium claim. The Plaintiffs' attorney, on behalf of his clients, has issued a Demand for Judgment to settle this case with the City for $50,000.00 to Mr. Freedman and $5,000.00 for the loss of consortium claim, inclusive of attorney's fees and costs. The City adjuster and the City Attorney's Office recommends acceptance of this offer subject to the receipt of appropriate releases. By copy of this memo to David Harden, please place this item on the May 1 ih City Commission agenda. If you should have any questions, do not hesitate to contact me or Susan Ruby. cc: David Harden, City Manager Chevelle Nubin, City Clerk Susan Ruby, City Attorney C\N\ . . IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION CASE NO. 502004 CA 00835 XXXXMB BRET FREEDMAN and KA THLEEN FREEDMAN, his wife, Fla. Bar No. 127854 Plaintiffs, vs. CITY OF DELRA Y BEACH, a municipal corporation, Defendant. / DEMAND FOR JUDGMENT COME NOW the Plaintiffs, BRET FREEDMAN and KATHLEEN FREEDMAN, his wife, by and through their undersigned counseL and pursuant to Florida Statute § 768.79, hereby tenders to the Defendant CITY OF DELRA Y BEACH, a municipal corporation, this Demand for Judgment upon payment by said Defendant of the amount of Fifty Thousand and noll 00 Dollars ($50,000.00), payable to BRET FREEDMAN and Five Thousand and no/100 Dollars ($5,000.00" payable to KATHLEEN FREEDMAN, in total settlement of all claims against Defendant, CITY OF DELRA Y BEACH, in the above- captioned matter, inclusive of all interest taxable costs, and attorneys' fees at the Law Offices of Kandell & KandelL P .A. Grand Bay Plaza - Suite 900 , 2665 S. Bayshore Dr., Miami, Florida 33133--=-lelephone_~305}ß5&2220_______ ---- · CASE NO. 50 2004 CA 00835 XXXXMB Page 2 time and date of this Demand for Judgment. Acceptance of this Demand for Judgment precludes the acceptance of any other prior Demand for Judgment made herein. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was mailed on this 4th day of May 2005 to: Catherine M. Kozol, Esq., Police Legal Advisor, 300 W. Atlantic Avenue, Delroy Beach, FL 33444, Terril C. Pyburn, Assista 200 N.W. pI Avenue, Delroy Beach, FL 33444. KANDELL & KANDELL, P.A. A ttorneys for Plaintiffs Suite 900 - Grond Bay Plaza 2665 SL Bay ore Drive Mia rida 3133 Tel one 30 )858-2220 / STEPHEN A. KANDELL Law Offices of Kandell & Kandell, P.A. _____~ _Graru::LB.ayJ:>laza.-=-5uile.!lílQ, 2665 S. Ba¥ShQl:.e...D..LMiamL.£lorida 33133 - Telephone (305)858-2220 MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CI1Y MANAGER ~1 SUBJECT: AGENDA ITEM # ~ ~ - REGULAR MEETING OF MAY 17. 2005 APPOINTMENT TO THE CIVIL SERVICE BOARD DATE: MAY 13, 2005 Mr. Leonard Friedman, regular member of the Civil Service Board passed away creating a vacancy. This would be for an unexpired term ending July 1,2006. 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 capacity, official or otherwise and appointed by the City Commission. Eligible City employees elect two (2) regular members. 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: Elaine Calabrese Sidney Grossman Jayne King A check to confirm that all are registered voters was completed. All are registered. A check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4) for a regular member to serve an unexpired term ending July 1,2006. Recommend appointment of one (1) regular member to the Civil Service Board for an unexpired term ending July 1,2006. ~-- ---------~~--- OB.JtAY BEACH 1-J9-ó6 . ... . . . . '" C /efl' CO-l- t2e~' I'ð ***** AI "'.II1caCity , , III! CITY OF DELRAY BEACH ) BOARD MEMBER APPLICATION 1993 2001 1. NEL MI. 2. ~ ~f« 3. City 4. Principal Business Address: City State Zip Code I 5. Home Phone: Business Phone: E-Mail Addres¿: Q Cell Phone: a I FaX: g(pt)- 8~.3~ If d.l'l.!3á- c. I õ 8Dcr~qt/{i O-if) I \ C-tr:1'77 ... 6. Are you a registered voter? 'IE> If so, where are you registered? Æ/ø l3e.t:Lch 7. What Boar1(s) ~e you interested in se~ list in order of p'reference: -g~~ l I ..er Vi e. 50 < . ,.8. list all City Boards on which you are èurrently serving or have previously _se~ed: (please include dates) 9. I Up, Ve/.:?l 1-'( - /lei-lePel J .e..<>L- I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts ~ . ~apWnm~¡;;~:mYP=OhnyaPPoIDunth;/o¥ ATURE '_ DATE /' Note: This application will remain on file in the City Clerk's Office 0 years from the date it was submitted. It will be the applicant's responsibility to ensure that a CUIT10g a~«H~ation is on file. J U l S'CnYa.E1UCIBOAlU>\APPLlCATION CITY CLERK ---- ) tlàiìte P. CâlaÞres« zaø ¡'auders 3 Delraq Beatk, 31. 33484 PhoBe: 561-865-863-5 - £mil·il: laiueJjt 1 oo@aol.tom JléSJIwlé Objective: To serve the City of Del ray Beach in establishing viable labor/management relations. April 1977 ~ June 2000: New Jersey City University - 2039 Kennedy Blvd. Jersey City. NJ 07302 Principal Clerk-Typist - History and Women's Studies Duties included aU types of secretarial work. i.e. answering phones,. computer skiUs~ filing, correspondence~ expertise in maintaining inventory and office equipment; liaison , between faculty and students. supervising a number of student employees. Union Adivities: Communications Workers of America, Local 1031, Branch President at New Jersey City University 1979-1983~ Shop Steward 1983-1998. Special Training: Affirmative Actión Training sponsored by the State ofNJ - 1980 Civil Services Rules and Regulations for NJ sponsored jointly by the State ofNJ and CW A Local 1031- 1981 Certifications' and Awards: Affirmative Action Training - 1990 Customer Service Training - 1998 Honorary Alumna - 1980 Employees Suggestion Award - 1980 CW A Certificate of Appreciation - 198-& i UURAY HtAl.H '"0.'.''' 1}-/q~¿J6 ***** All-AlllericaCity CITY OF DELRAY BEACH j{ef,'rt? e.... , ~ III! " BOARD MEMBER APPLICATION ¡ I 1993 2001 ML - Home Address: State Zip Code 1-, Z), ~~ IJ IiAc.JI 'P¿ 33 -If 'I Legal Residence: State Zip Code A-S 1J-~óvÆ Principal Business Address~ fA City State Zip Code Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: (Çtl) "/;,/ 'fq £" -;) L/1? 7 - S ¡ 0 f21{{ž. 1. .zt. e A-ÞL b77 ~ J. I/?fl.. b 3f{- Z/9'/] . Are you a registered voter? YÆS If so, where are you registered? fAt-~ I.!Æ Æ-C# CTý . What Board<2 are you interested in serving? Please list in order of preference: uljt,/ fi./I'1 ¡JLe-ytit2-f 12... 'i£.. ~p. C-Z7¡41M- /..f: ,P- C I cJ t(,.. s ÆtlA/IC-6- ßt7f1-(b.D List all City Boards on which you are currendy servillg or have previously served: (please include dates) \ - Educational qualifications: U¡e) rV ~ -þ r= c... orf P ac:7)c?,/ 13 Þ .s- , (/ fi-.lM/'ijl ). List any related professional certifications and licenses which you hold L Give your present, or most recent employer, and position: a-~- /LIt .r/.i4-vÆ S D/ž.r L r w, ~¡¿ .r t.> ¡::~'V LK -(7. r j) /' If -;-/L/ c.-/ ~P4fil Æ P r</Z,C4- . J 77-/- /f?2- ~ Describe experiences, skills or knowledge which qualify yo to serve on this board: (please attach a brief resume) Il~Jv ß c- - hereby certify that all the above statements are true, and I agree and understand that any mis$tatementof material facts >nmined ìn this application inay ca~se forfeiture up~n my part 'of any appointment I may receive. '. ~~,~ 7-/6~l>f" .GNA: DATE rote: This application will remain on file in the City Cler s ce 0 eriod of 2 years from the date it was subÌnitted. It will be the applicant's responsibility Jttnsr4 ~fi't current application is on file. S\CITYa..ElUt\BOARDIAPPUCA110N CITY CLERK During the late 1960's to mid 197Q's, I served with the Civil Service Employees ) Association in Suffolk County, New York. I was the white collar Grievance Chainnan. mediating and settling grievances between management and labor. I also served as a member of the Statewide Legal Committee, which met in Albany, New York, for the purpose of adjudicating the amount of legal assistance to state and local employees in both grievances and charges brought against them. As an elected CSEA official, I was the county's representative to the Statewide Board of Directors. From the mid 1970's until my retirement in November 1992, I was successful in fonning the Suffolk County Detective Investigators Police Benevolent Association (the law enforcement ann of the District Attorney's office) and getting it certified as a separate bargaining unit within the county and state. As President for the first sixteen years, I assisted our attorneys in collective bargaining, arbitrations and any other inter- action with state and county officials. During this timeframe, I was also a member of the Legislative Committee of the Metropolitan Police Conference and served on various statewide committees of the Police Conference of New York State. Aithough I worked on the union side of the table; in my many years of experience, I was able to comprehend the views of management S¡.IJ¡Vßt ß-/Ú/~.s/?¡t.-J j A~ £ducakr· .-- 9-t¡-c;:J DElRAY BEACH ....... á-'\t-:Þ.'1\* J ,':II!I~I' .',:- ~.. ~ CITY OF DELRAY BEACH -¿One J BOARD MEMBER APPLICATION 1993 2001 1. . 2- - 7. . l eel: (pJease include dates) , ! - - 9. Educational qualifiations: 11. Give your present. or mos reécnt employ . ) Note: This appliaåon wiD mnain on file in the City Qerkt, 0 years from th~ -date it was submitted. It will be the applicant', responsibility to ensw:c ma mft!plication is~1'ION I (fJ :J¡ <¡ CITY CLERK ---~-- MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CI1Y MANAGER tJV'1 SUBJECT: AGENDA ITEM # C\.() - REGULAR MEETING OF MAY 17. 2005 APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES DATE: MAY 13, 2005 Mr. Gilbert Forbes' term on the Police and Fire Board of Trustees expired on April 22, 2005. Mr. Forbes would not like to be considered for reappointment. This will create a vacancy for a regular member to serve a two (2) year term ending April 22, 2007. In accordance with Section 33.65 (A)(2) of the City Code, the City Commission appoints two public members of the Board of Trustees. All members must be either a resident of, own property, own a business or be an officer, director or manager of a busmess located within the City of Delray Beach. All appointees must take an oath of office. The following individuals have submitted applications for consideration: Melvin Sacharow (currendy on the Parking Management Advisory Board) Glenn Schuster (currendy on the Code Enforcement Board) Alexander Simon A check for code violations and/or municipal liens was conducted. None were found. Voter's registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4) for a regular member to serve a two (2) year term ending April 22, 2007. Recommend appointment of one (1) regular member to the Police and Firefighters Retirement System Board of Trustees for a two (2) year term ending April 22, 2007. DQRAY BEACH IInJfrd)¡t :J.e r ....... *.... tj-16-¿'/ II AmeñcaCity CITY OF DELRA Y BEACH " III! -BOARQ MEMBER APPLICATION 1993 2001 please c or tint the follo~ . infoanation: ,1. LastName: S ~ cJ Name . M.J. ¡4 ¡;, ~.c.o ClIP 2. Home Address: ,(1 Û I -e~,IJ ,b" City -òe /(1. ¿l#J£t, State ~~PD- eX S /'0 Fe- 3. Legal Residence: S/ld/r:' ~'jðtJ-(' State ZIp Code ðJ 4. Principal B"'~ k'; 0/ City St2te Zip Code 5. Home Phone: Business Phone: E-M.ail Address: Cell Phone: Fax: ólÝ3 :¡8S vnt . '" ¥S" ~ f ,~ 6. _\re you a registered yoter? 7. What Board(s) arc: you mtcreste '/}lí(hJ~ /JIß¡V ell! t.",f C/, J4- ßt!)~,,- )8, List all Cit}, Boards on u'hich you uc: currently 5n'ring or Ju'\'c prcviously sCC"ed: (pluse include dates) - - - - --- - - - ~ 9. Eduational qualification!': /11,4 ,.,. 12 Desai~ expcr:imccs, skills or knowledge which qualii)' you to serve on this board: (please attach a bricf resume) IIIJ. i'p b€RN (:($ (,p/ rIre~ ñ· ~ ~·.p,,~t 9 I hereb)- ecnìfy that all ther above St1tcments arc ~ and I añd understand that any misstatement of materi.a.1 facts conuined m ~ a~T~dtutt upon my put ofanyappoDument I may =dv~ ~ .. ' . ¥- / /6 /éJ "....- ) S1G~Xn;RE DXŒ I ' Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It v.--i11 be the applicant's responsibility to ensure that a CÙD:ent apP~~é~~ AI'PUr o\T1O' f t-..t A8 APR 1 6 2007 __..ø DRRAYBEACH o' ,7 / _ ~ _ < / · . 0 C . . A P r ~ (!/Y/ /7! (l Qd AD*-Ameñca* *.* *. S¡::¿ fit CLI; sf , 1111' CITY OF DELRA Y BEACH d-/ ;:2L/--lJ1 ~ ® BOARD MEMBER APPLICA"tIOtiCEIVED 1"993 MAR ') 4 ZOß5 2001 lease infottrultion: ell Y C L E R K Last Name: S \. L Name G\ M. L c.t')ú5Tf.r e.V\~ (1) · Home Address: City State Zip Code Y 5 ß 5 A Ñ W 3<" cl S \-- f ~G. -\- D e..\ ( (Ä ß c.o...c:... '" f L ~ ~ 4. "\ · Legal Residence: City State Zip Code · Principal Business Address: City State Zip Code .. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: h\ -'Ob-ð 553 .. Mé you a registered vote0 If so~wheJ:e are you re&,i.stered? '{ G S ue...\ ("0- Go\~ C\ v b .. What B?ard(s) are yop interested in ~erving( P~e list in order of preference: * Po\,c.e. ...r F$'G, Boaed.. o~ I/"us+ee. . -:::c \<....ow ad c..o..", D^\ Se.~ú~ ~V\ QV"\e.. ßo~:('J. 0.+ a... +\~e.. o..",á. h,^"ve.. e..)(pene.f\c.e. Wì~~ Q(hf()("m. >-crso",<\o\ '-7 '. List all City Boards on which you are curcendy serving or have previously'serv:;d: (please include dates) , Cö e.- €.....-fon:.e.,..,e......+ \3oo..:'\d L\ O~ EA-\\, 0'" Cocte... 'ßco.S<A. , \-\\~'e... ~c..,^OQ $ .To~""'cIo...L ü?" e.~e.... c:~ CÚM~'."~\ N(>"'S~"'-U Coò.....~ ~ù~.\-\ ~ '-t(O c..- c; c.~ '.I\~c" A C-G1...ð. C-'I"\ e.+~ ~ ....~e- ~ V Ceo c..h LAw ::!: Cø...\\ ,+ L~(,J \0\ 'obse..<"-.le.( o( 6 V'"lO""+~S b~fo(e.. o..-ncf.,. u.)OJJc.!. -l~e..~ .-¿ 1. Give your p~es~t, or mos~ recent employer, and position: ::t:" h a.ve.. ('"e.+~('e-J.. 0..5 ~ L 1~¡)-\-e.W\o..""I:\- COM t\-1e cA· F\('"e..~~ o....<-+~~....+ 00 3/"1 Se.~ ~-t\o...c:..."''''À.. +(;:1 d""~~Me.J..,c:....\. £. 0..150 ha.\Je,., ,: 5 D,'se-bl ;+ . - G.r\-\- ~o.."," "",o",fh~ I~ ~CQ""+ o-t -+,,~ -} l2 Describe exeeriences, slålls or know!-edge Which qualify you to serve on this board: (please attach a brief resume) ::I:" s c-V'\;-.:5 e.a.. ~ ~ \ <f\ C. ç \ ~ '''''H ~ 0....\ £ ð '".bJ f \ -\-\' t... ~c \--s v-H.. C e. Cl c,\< -e.. . Coar -tD Þ urófJi?'j. T '" <... h\Jcs~ of- ¿"'/¡e.. 5" s·h.W\ \~J.. \-0 0... ~c..-,..I w~ 0 <~..,o,,~ . ' "¡';e. S-./reS"s ;;0,., CI"I/'U7M;'/ coc.J(+ Gli\ rÀ -J-l/è'--¡fefj¡"()ni:J ð\ -HIt.. t(Jv/r. en!o.)-? [ hereby certify that all the above statements are true, and I agree and understànd that any misstatement of materW. facts :ont::úned Îh this application may cause forfeiture upon my part of any appointment I may receive. ~ />?~ 3-23-05 'Yl}NA1URE DATE Note: This application will remain on file in the City Clerk's Office for a petiod of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current applicatiop- is on file. S\CITYŒ.I!u.\BOARDIAPruCAT[ON . ~ 4 to(" +~e'^{1 ,e.a.fS 0 ~ wod~ W"l .\ \.. -+'-'<:...- Ñ.:.a..} "':'..<\.1.. C. +'1 Coo ns () , \V"\ bo -\ "" c...<"<, ""'''''\"...\ COU(..\. c.....cl + \., (, f V) V ; (0 ,., ~ c..'" J ø..1 Co"^-\C'o\ DO o.-~ J.. . 2 I f,o 0..(' J. -11 Co",..\-<o \ ¡ ...., ¡...\ e.c.) '1'o! ~ C -~ti f-;fCl r e.,V"'I s,~.,.., ßoa....< cl uJ~~~'" - '-""') o..cl~ v p Gt-- \~ ; -\-\,.c..- ßoa.,al (!)-+ F, <e.. ~<:-E>.\ M~~ c.."\ '-I \" \\ 0.. "" 0.- Þ"'\ J.. .ç,(:~ ot{,ce--rs, ~y f (' I¿~JS $0-; J.. +~\~ W G..5 g ("~o..-\- "T. .toûß.\...~ ~o ~)..o.-i ,"'\ -+ \.- c.. ~ c. b -r. . I o\J~å. A -rt'l to \\ 0 W 0P clocù 1'î'-0") +~+IO',^ YCQ<J: d.e.J.. í~ (\ ~ e c:le..~ : , I j , , ' , , Ii: .. '! 1'1 1:- I': ! . i : , : f.' I ) , ~ , , -( ,; ,,- '" SCHUSTER, GLENN M. 09J2011961 1 of 3 ~Vi8it _it Date: Wed, Sep 8. 2004 02:46 pm .......r: Soøtt Berger. M.D. (SupeMsor: Soott Berger. M.O.; Assistant: Jessica BtGom. ) ......doø; SiootlA. Berg«, M.D.. P.A. Btec:troAieaUy signed by provider on 09I2ØI2004 PFlnted on 11/1012004 at 12:44 pm. SU8JflCTIV'E: ØêL 42 year otd male presents fer an initial eønsult GOmf'Iaining of low back lJ8ifl. ~ 1'1te patient was referred by Dr. Wølpe and Dr: FinkbeiAer's <Jffiøe tot pain mQ~- evatuaoon and tFeatment. He presents in the øffioe today ambutating with a cane and u~arKed. "The \øcatiøn øf the p-.;tÎf1 is primarity in the øbdømðft. The pain radiates tø the right 1e9. r4Jht anterior and pasterior kAee. aAd ~ aAd lumbar regiøn. He .ö' eh'araøtérizes It as Intermittent, severe. aAd grinding-. He states that the current eptsoØè «pat" started mOf'El than 15 ~atS~. The event which pr~clp¡tated this ~jn was a ~k-r-etated.iniW'Y Stlstøt~ 1989, without any pe~lng Iit:ig~tion. 'ThiS ~A'ed white at WOC'k, white he was workmg as a fir-eftghter He IS curr-ently retft'ed. tie notes some pain re\¡ef wtth - " ~G päin medication and rest. The paiR wèt$Gns with aGtMty and eStinQ. drinking. .A$s.eGb!tted symptoms indUde: ~ bøweJ tneQAtlAeAC8. weight 10S'a. iAsQmnia, inábittty ta work. depressÌQß MediGaJ history is SiUntficafÛJa,r spiflat Stè"asii. ' . :tr..~'thu&'fa( itl.alude:. .a"~Siç'medicatiøA§!- MS c:ontin..~. RoØ¡œlooe. ami NSAJfJ'$'Neu~iJ:1 f. The ~~. Ù\at âfter the ~.e flteatment. he f$ irdtfany- impr-oved. tfows"'«. the pam ~ Fet~.rt1e pat1~nt has høn se8ttf'I the interim by his neur-otøg\st and Or. f)~gher an anesth'èstatGgist. 8Rd Dr. Gang the pftysiGa1 med'"tcine and ''''WatiøA ~1i$1. ~ sWdies r.eviewed inefuck . MRI' øf the THORACIC SPINE peOOrmeG on 8114/6%. '. m~; . 1. MUd diffuse degenerat1ve disease thrOl4:§Aout the tMraek spAe as evideooel!f by disk ttesiœation and mítd b\d§ing of the annu'us ......... as weft as multi-lev.el Sct.tmOO's nodes· 2. Stable oentrat syrlrn< at the T6 ~ T8 levd. 3. ~uperior end-pCate de9l'essiOf'\s of "r-i 1 and T12, stable since the prevJQUs ex,aminatioO without ev-Îdeoo8 of acute -. '~øc fraçtUl"e:. ' MRf of the LUM8AR SP.1NJi perfQm\ed GO 81141Oæ. tmpressløn: 1. Slellite f~re& ofT11. T12 and l1. and multl..fevel Sehm-øti·s rodas. No aeute f(èaçtuæ is identified.' 2. aøc ~páCe Aattowing et L4-L3 -and Li..s1. 3. ~trie-ÐI..tIp with œntret annutar t~( at L4-U) which is stable sinœ the pr-e¥iÐUS examination. No aeute tt~mœtlon or other fðGaf ~Iégv rs IdentifieG. ' , .- '_1 of the TH~~é SPJNe perfêf-med OA 1Ð11.t)t01. ........: t. Otd ~'ft;adure.s 01 the T11. T1' and L 1 v8ÄatJNf ~. Mt.dme'lElt ~·s nodes. J:'." ~ crt the eeNrØ GeMt anåJøf syiii- of the spinat oor4. . . 3. Ne bœUill:k hefntatiøturaø ste~~ of ~.~ canat _ ~ f~m~ at any level. . ~..~~,.~SPI~:~_QJ11~~j. -, . .~~: .'. -. . . Oaø GØ1t)presston ff'aGtures of the T11. T12 and 1..1 v.enebfat bødíes as desorilitøCf-.aOOve. There IS AG' kypf'\otte cMf0tm1ty of ~~. . 2. MftÖ DuItJ!ng- of\the cflSk. \.34..4. ¡ -- 3. ~nttalßøft P.á.,.~t\t"øI disk' pretnJsten at L4-L5 with an anAtttaf tear or ~f~. Thè disk is ~ and. ~. pøs1erior.ty cf~- the left L5 nerve røøt. There!s atso severe steoosis of the spIRa! ~ .aM ~ r~S at this 1øvet Onamt:dUf~oa.. . ~ . -- f I ~~ "-PULL REPOR"(S) MAV tiE Vt&W8)'lN acAt4Nl~"". r -. . ..TITUTIONAL Posltble for fevèr ( Jow ~de ) and ...t\in~ntieAal ~~ tø&s ( gradual ). .,~..........~~ -............. . I - ,. .--- .- - - ~ -- -~ --- - -. - - - -- - --- -- ~_.-......---~-- ------ ----....--~-_..-~ - ----- -~ - . - . -- - - ~ - - -- Aa8flS8M8JtT: Ttw ~. ~ tQ'd." in thß ~ ~ -bJ Gr. Noom:an. He is œmp~n~ of ~ thr-otfSboot his body that is- ~_tè . føI~ a 10 »øt Q;~ w.t.tite ~ as fin'!f~ jn New York. TtJIe pahAt 00i SttSUlm mtßli~ ~_ ~ tí¥~t his 1umtJiflf ami tnQr1ìlcW Sjlme in ad-dfHon tð cruslsæcl íojtB)f of hi$ ~~, Iœving flim. ..~., ~ ~~. Tne ~m naG boon hø~~-ed numerous ä~, and has been ~ by sëv~ral ~:pØfl ~iØIi6t$ indtt~ Or. ~rc;1 Sl¥efmaß, wbe rerommenfled a morphine pum¡¡> which W9$ fleV<ef fø\tQwed up ~. 1'~ C h:¡¡s m-Q3t re~ been uflÓer tbe cafe- of Or. Dager who had (Me patient on very ~h €lases of various _ ~. 'he patient has not had any naroetics within the p-ast sevéfat days and is w-ishiflg to oot pursue- toot as a ~t. On- þhyGq eøm the ~ieArs abdemen is tender in aU four quadrants and there is S~ b~es-s patpated ever the ~ mgieR. The patiem has no oD-!IÍOus fNer-enlargem~nt upon percussion and JJatpation ef the Jîver reQjoo. On ~ad e)EØfil of the spine, he i1> som-ew-hat tender over th-e lumbar spine region and h~s marked weakness at the ~ht lower extremilywhen cempared wfIh the left lower extremity. ~ lengthy dis~ with the patænt ensued in which the patient was offered the Qption of cetiac plexus nerve block, Which he r-e.s~¢Iy doolined at Ø;æ present time aAd e~f.essed the desire to pr-ooeed with ttle morphine pump trial - if:teGtiÐn. Ws will be petf<0rmed oore at Pain Man89ment Cønsultants under menttoreQ anesthesia car-e and fluor-øscopic guidaooe. If ~ssful, the pat¡ent witl be S~ by pSycl10tðgist Dr. $chGenfietd f{)f psydlolGQicat clearance prior to the p1fifl'P im~taflOf'L In addiflðn RDnni Go1d-$lein wiN coorerenQe with representatives fr~m AEtN-A to aßce~iR ~r or i1øt ~ GaA COft11;.øJ the pump and mfrtl it wit{$1 Øtff øffroe, which would be essentiaUy the opt-imal W0.y of doing it. Th.e pstŒmt Î5 in-fuÐ agreement and i's gi'iefl~têt-attJr-e aOO video tape tø review priM to his tri~ injecHon. n4.!l Low'" ¡æiA 51'1.1 -~~~ ·-PlAN: . lew ~ek pain _ .:Offtce COflsultaUen, Rew or esta~ed patient, iev.el 2 - CIrroniç pancreatitis ! PROCEDURES: The patient wilt be scheduled fQr a trial morphine injection, as soon as pøs-sWie, ¥Áth monit6t-ed ~a care, to maximize his comfort Jmd såfety, with fluor0scopic guidance to enSUfe COf.r-ect needle ~aeement, to be performed in my office. If this prccOOum is suooessful, the patient-wilt be scheduled to -see Dr. 8chQenfteld for psych~G3' evaluation and clearance, and R-ormi Goidstein wifl seek authorization for the patient's pump to be r-ef1l1ed _ and ~ her-e at PMC. (;PT...,G'2D01.-......-......~ MRIgNa.......... f _________....______.....-...................__.............-r..,.,.;;;:.-""~ .--...::::--"':'~·"_-----~I<-.~.-·:.._-':-...·~~-""---~: '-<'"-- ~~ ~.> :.- _';' -~ ~-:. =--:','" - -:.------- -. - ..".,¡; -- -- -, .- - -..:. - . ..._-~'- ---- ~~ ---- JffA ~ 561 4990561 1i!l2/20/00 C9 18:46 C¡1/2 ... Glenn M Schuster 4585 A N.W. 3rd Street Delray Beach> Florida 33445 (561-499-0561) Summmy of Qualifications: Dedicated professional with twenty years experience. , Through knowledge ofNFP A. New York City and building codes. labodaws and health codes. Former EMf FDNY. recently I have taken the Florida Fire Inspector and EMf courses. Through knowledge of fire suppression and detection ststems of all types. Excellent reputation. among superiors, city officats. buildets, arohitects, contt:ators and atto~ys. Sh¡up and crealive in problem solving and needs assessment. EMPLOYMENT HISTORY 3193-4/94 Econocaribe Consolidatocs Inc. Miami. Florida Assistant Manager Assistant in managing one hWldred fJfty thousand feet of US Customs bonded space. Supetvised warehouse empolyees. taught safely and securily principles lo staff. Maintained accurate inventory and shrinkage control. l1l91øll192 New York City Fire Department. New York,New York. Rank. Inspector Preform ed work in the conduct of inspections to detect violations of laws. rules and regulation which are intended to reduce or eliminate.fire and explosive hazzards or assist in extinguishing fire. Preform related work, conduct inspection and investigation, researoh national and New York City fires as well as health codes and labor law. Issue summons and violation orders when necessary. 3/87-6190 New York City Fire Department New Y ~ New Yark Rank Court Rcpreaentative Bvaluate building owners compliance with the New Y orkFire Prevention. NFP A; prosecte owners for violation, condw;t in~[View8 Io\nd inYe8tigations~ re~~uçh \ applicable codes to prepare case. Recommend penalities and suggest time for compliance. 3/85-3/87 New Yode. City Fire Department, New Yark. New Yode. Rank Lieutenant Developed and implemented procedures to track down builders that were in violation of The New Yark. City Fire Law Hanbook.Supervised and trained Enforcement Agents; served notices~ conducted titlc searches and investigations maintain accurate service records; advise management of areas requiring futher analysis. "I Education " WC Mepham High School Belhuore. NY 11710 High School Diplomia 1980 , Jolm Jay College of Crimminal Justice 88910thAvenue Major Fire Science 1980-1986 - New York City Fire Department Randalls Island . Bronx NY. Fire fighting. Fire Inspection, Officers School Nassau County Fire Setvice Academy Bcthpagc. NY Fire Fighting Advance Truck Advanced Engine operations EMf .' \ , - . ~~~ Z/C8/0' 04./17,~~9!J'J.._ elß.:..;3_~..)¡§~~.i3};~~~ _.., _ '3Atl[I',' SIMOtl l' PA(iE O~ - ...-... -._~..- p~~.~~ : ~III CITY OF DELRAY BEA(:H I': ~'. BOARD MEMBBR APPLICATION , 1993 I 20~ J Pkac O~ - t the foDo' ÙÚOQll.adon: 1. wt Nunt: S [/L(t.J ~ Name ~ }<A 2 Hom.~'; C ___u_'. () UAC-PAf2£....Á(Jp: :D~ _~¿~~ 15 J Lt:gal ~~ P H-4-ç; úty Sraœ .' _ .3A-~ _ ¡ - ~- . Paaapal Bu.~ AcLL.c:II,_ City Sr:au ~. ZJp Code .5. ¡ - ~~ - ! - _.~- ...--_...~- ' S Home. Pboo_: E-M&ál ~~~: Cd Pb.ooe: )~. . ~ ~~:;~~cd~=' 'I ~i::!:.~~YOU1!~t9d8. 4-~-ø E..:::? .,J)Þ-k~A v,· + 'J What Boud(.) ue ]'0':1 intuuDtd in .~ PI...e liltJl1 ocd4 of fK.Ea.ncc ¡ I - \, i I hcscb:y t:A:~ d;~;-..ïi-th~ abo ccnvntt fWC av::,. &t1d. I scree al1d u.a.d~~ WL aD.,- mint6.tanUtt o· (' &cu CQPwncd m at.tm: £ad"'Ð.&l;~ upoa my p~ of allY lft'oiat:m.c.l1J ~T. UØlÌroL ¡ , ,{ ~] /' , , _"r' I X/OS 1 SJGt4h'I\J}I.E. D.h.tt, Note: 1'bu appliu.ri.-:.a \at - an ~ ill. «he Clty Qen:-. Office fOt . pcDod of 2 ~~ ~m . c da1.c. it .., tiubmitll':cd.. It ~ .. cbe ......1iCU)(s œs--~ 10 ew\t1t! fhat.. ~ .ppÜCAlioo U I: ~ 6l4.. f'r .--, K~¡";;"'TICIf 1 , )\¡};.43lD A11~ ~OOZ 8 J èldV tj3AEj:J38 , ~ . . [ITY DF DELAAY BEA[H CITY ATTORNEY'S OFFICE ';(10 '\\\ 1" \VE'\lT' DELR\Y BEACH. FLORIDA 33444 rLLEPHO'\L ~6: '~4.'- ~i)l)O . ¡-,\C';!t\lILL :,6li27x-47:,:, DELRAY BEACH Wnter's Direct Line. 561/243-7091 fOR -")..... Dad AII·America City MEMORANDUM , III I! DATE: May 13, 2005 1993 TO: City Commission 2001 David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Malkemes Property Our office has received the attached letter for Mr. and Mrs. Malkemes putting forth an offer that includes, among other things, a land swap of the one acre or so of frontage of the Churchill property for the one acre or so of the Malkemes property. Please place this item on the May 17th City Commission regular agenda for "dirE>ct~ (~ '. ) , SAR:jw cc: Bill Plum John W. Little, III, Esq. C\P . - :j.BRIGHAM.MoOREIJ~ , EMINENT DOMAIN I. PROPERTY KIGHTS ~_WVERS Toby Pnt'L,\) \!lIgham Juan M MllllÏz S. Wilhum Moare JIId¡:iUn H. Bowmen rJ Alldruw H SchUl1II Ran A. Adam. I10IMt C Byrl1l PltridcT }jJ'IIIlrU MMc A. Tobin CreUUfY S RIX Þmy 811"'111111 BDulns ) Malt NutirbaH AøIIrIw Prw:e Brj!~/i1II MoIIIUÎStD J. PlnP.S .John W Until, III MInny K. f'aJðI¡ lilUf"d N. Camp JIIMiler Aytock ~u IHld Molly Fr.k,1Ul WI"iam¡ VIA FACSIMILE FOf Settlement Purnoses May 13, 2005 Susan A. Ruby, Esquire The City Attorney's Office 200 NW pt Avenue Delray Beach. FL 33444 Re: Home and Business of BUI and Lou Malkemes Dear Ms. Ruby: Thank you for your email of Wednesday afternoon. The Malkemes believe the proposal they have made as an accommodation to the City's desire to take their property is reasonable and of great benefit to the City. With respect to not objecting to any rezoning or other land use regulation changes, this reference was limited to any such applications made while the property is within the County and was not made to seek any type of contract zoning by the City. Regarding your other points, we believe the Malkemes' position is fair and reasonable, especially considering the fact that \hey do not want any of their property taken. We look forward to the City Commission's response and, hopefully. working further with you and the City toward reaching a mutually agreeable resoluûon of this matter. Sincerely, - =l~~ John W. ittle.ill. P.A. cc. TQby Prince Brigham, Esq. Bill and Lou Malkemes J:\dacs\1910\7124\376S11.WPD One Clearlakc Centre. Suite 1601 . 250 South Australian Avenue · Wt::¡t Palm Beach. Flurida :J34Q1-5016 Tel: 561.832 7862 ,. 866 632.1862 . foax; 561.832.7860 · www eminentdDmain.cOIII Miami · Sarasota · JackSOl1ville · $1. Patersburg · West Palm ~each I ,- ~.:BRlGHAMMOORELLP EMINENT DOMAIN I 'ROURTY RIIIHTS LAWYUI 'JoÞv Priœc 8r~em J".n M. Mu/lu S. WlIIiInI Mo.. J<ÅiUn H. ØllwrrullV AmiIw H. Schullt. Hun þ.. ......... Rcan C.I¥W I"IItrIdL T IJÌI'Îootm .... A. Tabin GI'CØOI1S Rill Amy BtUwtI fIoulrRI C. Mid rtulirbolt Anli'aw Prill:ll Br~JllWn fnn.;1CCI J. PInIII Juhn W.IJUIu,1II Miltvrr K Plapälill L.IuIa N Cillnp NIWIiIur Aywck IIIJn¡IIIIk.I Molly IWIIIII Willlillllll VU FACSIMILE For Settlement PuJ:P0les May 10, 2005 Susan A. Ruby~ Esquire The City Attorney's Office 200 NW lit Avenue Delray Beach. FL 33444 Re: Home slid BIIslnns of BiU and Lou M"lkemes Dear Ms. Ruby: As requested, we have consulted with our clients. Bill and Lou Malkemes. They do not wish to sell their property nor have it taken and have asked us to defend against any taking, which they believe is not necessary for a public purpose. Our initial review indicates a sound basis for their position. Before we proceed further, however, it appears to us that there may be a solution that would be effective for both the owners and the City. Certainly, it would be less expensive to the City and we would not charge either the Malkemes or the City any attorneys' fees if this proposal is accepted. The idea is to swap rou¡hly the northern one acre of the Churchill property owned by the City immediately to the east (subject to an environmental due diligence), for roughly one acre of the owners' property at the south end of their three acre tract of land, as is. (The actual size for the swap will be determined by the necessary setback for the southernmost structure on the property). If such an arrangement were feasible, the owner would require the City to pay any expenses of the transaction, including stamps on the deeds. title insurance and other transactional legal fees and costs. The City would also need to convert the access road leading to the property One Clear lake Centre. Suite 16U1 · 250 South AUIIlröiii;l) Avenue · West Palm Beach, Florida 33401-5016 Tel: 561.832.7862 · 866.632.7862 · Fax 561.8327860 · www,ernlnentdomain.com Miami · Sarasota · Jacksonville . St Pelersburg · WesT Palm Beach - .. . <" For Settlement Purposes Susan A. Ruby, Esquire 1ñc City AttomeyÞs Office May lOþ 2005 Page 2 from Barwick Road to a legal width and type of construction, and clear title as a public road. Also, the City would need to pay for COI1$truction oía wall or other suitable structure separatin¡ our clients' land from the adjacent park for the sake of privacy and secwity. In addition, the City would need to agree that for the present and foreseeable future. the facts and circumstances do not make it necessary to acquire any more land at this location, including the swapped land, for park purposes. Of course, the Ugrandfathered'" status of the property and uses thereon must be preserved and applied to the swapped land. Further. the City would cooperate with and not object to any re:.c.onings or other land use regulations a11owin¡ for the same or more intensive land uses than currently exist. If the property were annexed. the City would agree that the tenns and conditions of this settlement would survive such annexation. There are likely other details that will need to be considered and agreed upon in a consent final judgment, which would be entered in resolution. of a "friendly" condemnation action.. The economic value of such a swap is apparent since the land values and improvements of the MaJkcmcs' property far exceed your latest offer. As well. the swap would a.void me escalation of market prices in the area. Please present this offer to the City Commission at its next regular meetine. so that we may know how to proceed. In the interim, if you have any questions please do not hesitate to caB lIlt:. Sincerely, ~ ::}~ John W. ·tt1e, UI. P.A. cc. Toby Prince Brigham Bill and Lou Malkemcs =~ ---- .~ \lUJlUI .....,.. ....hltlt 'Itll2$ \,wun - ---- Harden, David Page 1 of ~¢r From: Schroeder, Larry Sent: Monday, May 02,200512:22 PM To: Harden, David Subject: FW: Updated Proposal Here is the final proposal from PERF. I asked that they break it down into two parts so we can make any policy changes necessary as soon as possible. They have given a four month turnaround for the first part and a total of 6 months for the completed work and final report. Please advise how we should proceed. Thanks Chief Larry Schroeder Delray Beach Police Department s.chr.Q.ed.er@.tiLdclr~:..~~b...fl..JJ.s. 561-243-7851 From: Josh Ederheimer [mailto:jederheimer@POUCEFORUM.org] Sent: Monday, May 02, 2005 10:53 AM To: Schroeder, Larry Cc: Chuck Wexler Subject: Updated Proposal Larry; Attached is a revised draft project plan for your department's use of force assessment. As we discussed, I moved the policy evaluation piece up, with a draft report submitted no later than the 4th month (also, as we discussed, if needed, we can work to get it out sooner). Please let me know what you think! Also, I sent you a copy of the "Chief Concerns· use of force book. Thanks, - - Josh Joshua A. Ederheimer Director Center for Force & Accountability Police Executive Research Forum 1120 Connecticut Avenue NW, Suite 930 Washington, DC 20036-3923 202-466-7820 (Main) 202-454-8317 (Office) 202-466-7826 (Fax) iederheimer@policeforum.org WWWJ>-oJiçeforulT).Qr9 *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** ....-.~ ..., 5/5/2005 ~ <i,Q ~ [P[f(Q)jce~~ [P~@IT1 The Delray Beach Police Department Use of Force Assessment The Police Executive Research Forum April 29, 2005 ~ un POLICE ExECtmVE RESl::ARCH FORUM OV~Nk~w The Delray Beach Police Department (DBPD) seeks to facilitate an independent review of its use-of-force policies and training. Like many jurisdictions around the nation, the Delray Beach Police Department is facing scrutiny of its use-of-force policies and training. Two fatal police-involved shootings at motor vehicles and the death of a person following the deployment of a TaserTM conducted energy device has highlighted use-of-force issues in Delray Beach-and has raised public awareness of the topic. The events have led Chief Larry Schroeder, Mayor Jeff Perlman, and community members to support an independent review ofDBPD's use-of-force policies and training-with an emphasis on evaluating policies on shooting at vehicles and deployment of Taser devices. As part of efforts to decrease deadly force incidents and reduce injuries to officers and citizens, Chief Schroeder and Mayor Perlman are seeking the Police Executive Research Forum's (PERF) assistance in conducting this evaluation. They have asked PERF to assist the DBPD in evaluating its use-of-force policies and training against national practices to determine if modifications are needed. There is a clear desire to make significant improvements in order to strengthen community trust and public confidence in the police department. Proiect Goals The goals of this project are for PERF and DBPD to work together in evaluating its use- of-force policies and training against national practices to determine if modifications are needed. The ~~y components of the proposed project are comprehensive reviews ofDBPD's use-of-force policies and training (including policies on shooting at vehicles and deployment of Taser devices). In order to accomplish these goals, PERF staffwill first collect and evaluate DBPD use-of- force policies and provide expert feedback. The evaluation will include comparison to national practices and current policies, guidelines from the Commission on Accreditation for Law Enforcement Agencies (CALEA), example model policies, and information gathered from studies by professional and academic organizations. Next, PERF staff will collect and evaluate the DBPD use of force training curriculum to determine if it is consistent with current policy, and/or if it should be modified to reflect any proposed policy revisions. Finally, PERF staffwill review DBPD training practices to ensure that they reflect current curriculum, and determine if they should be modified to reflect any proposed curriculum revisions. 2 Introduction - Use of Force Policy and Training Evaluation Heightened public awareness of use- of-force issues has led Chief Schroeder and others to support an evaluation ofDBPD's use-of-force policies and training, as well as the adoption of any changes needed to enhance these areas. Accordingly, Chief Schroeder proposes to work with PERF to undertake an assessment ofDBPD's use-of-force policies and training. This assessment will include an emphasis on policies related to shooting at vehicles and the deployment of Taser conducted energy devices. This assistance will help DBPD incorporate policies and training that will ultimately help the DBPD accomplish its mission while ensuring a high degree of officer safety and safe encounters for the public. It is noted that PERF has been actively involved in exploring the emerging issues related to use-of-force policy and training. PERF has been in the forefront of researching the most contemporary use-of- force trends and successful approaches. PERF recently completed a year-long project entitled Chief Concerns: Challenges of Use of Force, which consisted of a thorough review of the prevailing literature on use of force, reviews of use- of-force policies, interviews with use-of-force experts from around the country and abroad, reviewed materials from agencies and associations, and convened executive sessions where chiefs and other experts could share their successful approaches to use- of-force. Further, Tasers are an important part of Chief Schroeder's plan to provide less-lethal force options during incidents that could lead to use of deadly force. PERF has been studying issues related to the deployment of Tasers, including policies, training, and tactics. PERF has held a summit about issues related to the device attended by representatives of law enforcement organizations from across the United States, United Kingdom, Canada, and New Zealand. PERF will use available research results and evolving best practices to provide guidance on DBPD's Taser policies and training, and will include data from PERF's national Taser survey and other examinations conducted by PERF, PARC,1 and the United Kingdom's Police Science Development Branch of the Home Office. The Delray Beach Police Department will benefit from the information and strategies that PERF has gained through these endeavors. PERF staff will offer guidance and provide specific advice to the DBPD in order to provide DBPD officials with information that will help them make informed decisions about use- of-force policy and training. PERF will enable DBPD to be confident in the quality of their policies and training based on this assessment. 300 0 ® (Q)~ W(Q)W~ In order to achieve the objectives of this use-of-force assessment project, PERF has created a series of tasks. These tasks are listed below and are followed by a description of each activity. I PA&C IS the Police Assessment Resource Center ~" 3 Tasks - Use-of-Force Policy and Training Evaluation 1. Collect Comprehensive Information Relevant to DBPD Use-of-Force Policies 2. Conduct DBPD Use-of-Force Policy Evaluation 3. Produce Policy Evaluation Report 4. Collect Comprehensive Information Relevant to DBPD Use-of-Force Training Curriculum 5. Conduct DBPD Use-of-Force Curriculum Evaluation 6. Review DBPD training practices 7. Produce Final Report I DELRA Y BEACH USE-OF-FORCE POLICY AND TRAINING EVALUATION I 1. Collect Comprehensive Information Relevant to DBPD Use-of-Force Policies PERF staff, in conjunction with DBPD officials, will collect the DBPD's use-of-force policies. This will include the general use of force policy and any policies related to the use of force (to include both lethal and less-lethal types of force). In addition, staff will collect DBPD policy information related shooting at vehicles and the deployment of Tasers. The compilation of this information will enable PERF and DBPD to identify and prioritize DBPD's overall use- of-force issues. 2. Conduct DBPD Use-of-Force Policy Evaluation PERF staff will evaluate the collected policy information. This will be accomplished by conducting a comparison ofDBPD's policies against national practices and policies, guidelines from the Commission on Accreditation for Law Enforcement Agencies (CALEA), example model policies, information gathered from studies by professional and academic organizations, as well as successful approaches implemented within the profession. Once the review and assessment is completed, PERF and DBPD staff will identify positive aspects ofDBPD use-of- force policies, identify areas that need enhancement, and provide guidance and recommendations for policy development and/or refinement as needed. 3. Produce Policy Evaluation Report PERF staff, in conjunction with DBPD staff, will create an initial draft use-of-force policy evaluation report. The report will include findings, and recommendations. 4. Collect Comprehensive Information Relevant to DBPD Use-of-Force Training Curriculum PERF staff, in conjunction with DBPD officials, will collect the DBPD's use-of-force training curriculum. This will encompass the general use of force curriculum and curriculum related to use of force. This will include DBPD curriculum related to shooting at vehicles and the deployment of Tasers. The compilation of this information will enable PERF and DBPD 4 ~ ~ determine if it is consistent with current policy, and/or if it should be modified to reflect any proposed policy revisions. 5. Conduct DBPD Use-or-Force Curriculum Evaluation PERF staff will evaluate the collected curriculum. They will determine if it is consistent with current DBPD policy, and/or if it should be modified to reflect any proposed policy revisions. As with the use-of-force policy, the curriculum will be evaluated against national practices and policies. Once the evaluation is completed, PERF and DBPD staff will identify positive aspects of the curriculum, areas that need enhancement, and provide guidance and recommendations for curriculum development and/or refinement as needed. 6. Review DBPD Training Practices PERF staff will review DBPD training practices to ensure that they reflect current curriculum, and determine if they should be modified to reflect any proposed curriculum revisions. This will be accomplished by observing training practices on-site. Once the observations are completed, PERF and DBPD staff will identify positive aspects of the practical application of training, areas that need enhancement, and provide guidance and recommendations for modifications, if necessary. 7. Produce Final Report PERF staff, in conjunction with DBPD staff, will create a final report that summarizes PERF's activities and documents the evaluation ofDBPD's use-of-force policies and training. The report will include findings, and recommendations. [p[j(Q) c ~~it lr~m~~~ITl~ Use-or-Force Policy and Trainin2 Evaluation Timeline 1 Collect Comprehensive Information Relevant to DBPD Use.;of:..F6rèêÞolicies Month-l ' " Collect DBPD Use-of-Force Policies 2- Conduct DBPD Use-of-Force Policy Evaluation , Month 2:3 Review: General Use-of-Force Policies Deadly Force Policies (including shooting at motor vehicles) Less-Lethal Force Policies (including Taser conducted energy devices) Compare DBPD Use-of-Force policies against national practices & research Obtain feedback from subiect matter experts and knowledgeable police executives 3 Produce Policy Evaluation Report Month,4' 4- ....collect Comprehensive Information Relevant to DBPD Use-of-Force Training Month 4-5 ' Collect DBPD Use-of-Force Training Curriculum 5 Conduct DBPD Use-of-Force Training Curriculum Evaluation ' " ,. Month 5 5 -. ~. Review: General Use-of-Force Training Curriculum Deadly Force Curriculum (including shooting at motor vehicles) Less-Lethal Force Curriculum (including Taser conducted energy devices) 6 Review DBPD training practices Month 5-6 Conduct on-site observations of use- of-force training practices. 7 Produce Final Report Draft Month 6 [8llB(Q1o®ft~~(Q1 §ft~ff The budget for this project will be $30,000.00 dollars. It is anticipated that this project will be completed within a 6-month period from when it commences. A draft report of the initial policy evaluation will be completed no later than the end of month-4. PERF is uniquely qualified to implement this review. PERF staff includes both academic and practitioner experts on use of force who possess a broad knowledge of national and international use-of-force practices. These staff members have extensive experience assessing organizational processes and aiding in the development and implementation of policy and process enhancements. PERF will also engage with subject matter experts and experienced police executives from throughout the profession in order to obtain valuable feedback from their perspectives. Ab(O)~ft ~[ERf PERF is a professional organization of progressive chief executives of city, county and state law enforcement agencies, who collectively serve more than 50 percent of the nation's population. Membership includes police chiefs, superintendents, sheriffs, state police directors, university police chiefs, public safety directors, and other law enforcement professionals. Established in 1976 as a non-profit organization, PERF is unique in its commitment to the application of research in policing and the importance of higher education for police executives. Besides a commitment to police innovation and professionalism, PERF members must hold a four-year college degree. PERF continues to conduct some of the most innovative police and criminal justice research and provides a wide variety of management and technical assistance programs to police agencies throughout the world. PERF's groundbreaking work on community and problem- oriented policing, racial profiling, and crime reduction strategies has earned it a prominent position in the police community. PERF is one of the founding agencies of the Community Policing Consortium and the Commission on Accreditation for Law Enforcement Agencies 6 - (CALEA). PERF continues to work toward increased professionalism and excellence in the field through its publications and training programs. PERF sponsors and conducts the Senior Management Institute for Police (SMIP). This program provides comprehensive professional management and executive development training to police chiefs and law enforcement executives. Convened annually in Boston, SMIP instructors include professors from leading universities, though they are primarily from Harvard University's Kennedy School of Government. PERF has developed and published some of the leading literature in the law enforcement field. In April 2005, PERF will be releasing Chief Concerns: Challenges of Police Use of Force, a thorough review of the prevailing literature on use of force, including reviews of use- of-force policies, interviews with use-of- force experts, and examples of promising approaches in dealing with use-of-force. Recently, PERF released a series of white papers on terrorism in the local law enforcement context, Protecting Your Community from Terrorism: Strategies for Local Law Enforcement, which examined such issues as local-federal partnerships, working with diverse communities, bioterrorism, and intelligence sharing. Other recent publications include Managing a Multijurisdictional Case: Identifying Lessons Learned from the Sniper Investigation (2004) and Community Policing: The Past, Present and Future (2004). Other PERF titles include the only authoritative work on racial profiling, Racial Profiling: A Principled Response (2001), Recognizing Value in Policing (2002); The Police Response to Mental Illness (2002); Citizen Review Resource Manual (1995), Managing Innovation in Policing (1995); Crime Analysis Through Computer Mapping (1995); And Justice For All: Understanding and Controlling Police Use of Deadly Force (1995); Why Police Organizations Change: A Study of Community-Oriented Policing (1996); Police Antidrug Tactics: New Approaches and Applications; Under Fire: Gun-Buy Backs, Exchanges and Amnesty Programs (1996). To learn more about PERF visit www.poJiceforum.org. C(Q)~(G~ ijJ~~(Q)fíù The benefits of Chief Schroeder's and Mayor Perlman's proactive approach to use-of- force evaluation are numerous. The comprehensive evaluation ofDBPD use-of-force policies and training will: · ensure that DBPD use-of-force policies are comprehensive; · assist personnel in responding to incidents that have the potential for deadly force; · reduce injuries to both police officers and citizens; · provide consistent use-of- force training; and · strengthen community confidence in the police department. Ultimately, this project will help DBPD effectively accomplish their mission while ensuring a high-degree of officer safety and safe encounters for the public. --- 7 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJv1 SUBJECT: AGENDA ITEM # \ (:)Â - REGULAR MEETING OF MAY 17. 2005 ORDINANCE NO. 28-05 DATE: MAY 13, 2005 This ordinance is before Commission for second reading and second public hearing for a privately initiated amendment to Land Development Regulations (LDR) Section 4.4.20, "Industrial (I) District", Subsection 4.4.20(B), "Principal Uses and Structures Permitted", Paragraph (5), "Service Industry", to add food preparation and/or processing as a principal use. The applicant, Hua Restaurant Group, submitted the text amendment to allow food preparation and/ or processing and catering operations as principal uses in the MIC (Mixed Industrial and Commercial) and I (Industrial) zoning districts. The applicant submitted the text amendment in order to occupy a tenant space at the Tenth Street Park of Commerce located on the south side of S.W. 10th Street, approximately 480' west ofS.W. 10th Avenue (1100 S.W. 10th Street, Unit #G). The MIC zone district allows (by reference) the same industrial and service industry uses as those that are allowed in Industrial zoning district and references the uses allowed in the Industrial zone district regulations. The proposed food preparation business and catering are currendy allowed in other industrial-related zoning districts (pCC, LI, CBD-RC) and are appropriate uses within the Service Industry category of the Industrial zone district. These types of uses are appropriate in an industrial setting as they are primarily related to preparing a product for distribution to a facility in a commercial area or providing a service to an off-premise customer/consumer. The Planning and Zoning Board held a public hearing at its meeting of April 18, 2005. There was no public testimony. After discussing the amendment, the Board voted 7-0 to recommend to the City Commission approval of the proposed amendment, based upon positive findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) (Amendment to Land Development Regulations). At the first reading on May 3, 2005, the City Commission passed Ordinance No. 28-05. Recommend approval of Ordinance No. 28-05 on second and final reading. S.\Clty Clerk\agenda memos\Ord 28-05 LDR 4.4.20 Semce Industry 051705 ------- , ' , , ~ Planning & Zoning Department M EM ORAN DUM , '" "", -._.. . TO: DA~AR~~MANAGER THRU: PAUL ~NG, DIR TOR OF PLANNING & ZONING FROM: JEFFREY A. COSTELLO, ASSIST ANT PLANNING DIRECTOR DATE: MAY 10,2005 RE: LDR TEXT AMENDMENT REGARDING FOOD PREPARATION & CATERING - REQUEST FOR ADDITIONAL INFORMATION CONCERNING WASTE DISPOSAL. Waste Management was contacted concerning nuisances that can be generated by waste/trash disposal. Typically, high trash generators, such as restaurants, have at least two pick-ups per week. In order to reduce odors and trash build-up, Waste Management may recommend additional pick-ups. The representative indicated that if the dumpster has an odor, Waste Management will replace the dumpster. If there is a vermin problem, Waste Management will contact the Health Department. The Health Department will conduct an inspection and recommendations will be made to the property owner, who is responsible to resolve the problem. If needed, additional information will be provided at the City Commission meeting. Should you need additional information, please let me know. ~ I CITY COMMISSION DOCUMENTATION I TO: DAVID T~. C AGER THRU: PAUL DO LING, DIRECTO PLANNING AND ZONING FROM: JEFFREY A. COSTELLO, A 1ST ANT DIRECTOR OF PLAN SUBJECT: MEETING OF MAY 5, 2005 PRIVATELY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.4.20, "INDUSTRIAL (I) DISTRICT" SUBSECTION 4.4.20(B}, "PRINCIPAL USES AND STRUCTURES PERMITTED", PARAGRAPH (5), "SERVICE INDUSTRY"; TO ADD FOOD PREPARATION AND/OR PROCESSING AS A PRINCIPAL USE. II ---.-- -- -- n~ ...----- BACKGROUND / ANALYSIS - _.-- - -_.-- --.... - .. - .. --- -- ---.--... ..--- A privately initiated LOR text amendment has been submitted by Hua Restaurant Group to allow food preparation and/or processing, and catering operations as principal uses in the MIC (Mixed Industrial and Commercial) and I (Industrial) zoning districts. The applicant has submitted the text amendment in order to occupy a tenant space at the Tenth Street Park of Commerce located on the south side of S.W. 10th Street, approximately 480' west of S.W. 10th Avenue (1100 S.W. 10th Street, Unit #G). The MIC zone district allows (by reference) the same industrial and service industry uses as those that are allowed in Industrial zoning district and references the uses allowed in the Industrial zone district regulations The proposed food preparation business and catering are currently allowed in other industrial-related zoning districts (PCC, LI, CBO-RC) and are appropriate uses within the Service Industry category of the Industrial zone district. These types of uses are appropriate in an industrial setting as they are primarily related to preparing a product for distribution to a facility in a commercial area or providing a service to an off-premise customer/consumer. Pursuant to LOR Section 2.4.5(M)(5), approval of an LOR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. ! PLANNING AND ZONING BOARD CONSIDERATION ~ At its meeting of April 18, 2005, the Planning and Zoning Board held a public hearing regarding the amendment. There was no public testimony regarding the proposed changes. After discussing the amendment, the Board voted 7-0 to recommend to the City Commission approval of the proposed amendment, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LOR Section 2.4.5(M)(5). II .. - - - - -- il RECOMMENDED ACTION -- -- ..-.--- --- ----- - _.-- ---- -_.-- .-- ..- Move approval on first reading the ordinance amending Land Development Regulations (LORs) Section 4.4.20(B)(5) to allow "food preparation and/or processing, including but not limited to bakeries and catering operations" as a permitted use in the Service Industry category of the Industrial zoning district (and MIC zoning district by reference) by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LOR Section 2.4.5(M)(5), with second reading to occur on May 17, 2005. Attachments' Proposed Ordmance & Planning and Zoning Board Staff Report of Apnl18, 2005 \Oe, - City Commission Documentation LDR Amendment - MIC & I zoning districts to Add Food Preparation & Catering Page 2 ORDINANCE NO. 28-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORI DA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.20, "INDUSTRIAL (I) DISTRICT", SUBSECTION 4.4.20(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", PARAGRAPH (5), "SERVICE INDUSTRY"; TO ADD FOOD PREPARATION AND/OR PROCESSING AS A PRINCIPAL USE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on April 18, 2005 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.20, "Industrial (I) District", Subsection 4.4.20(B), "Principal Uses and Structures Permitted", Paragraph (5), "Service Industry", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (5) Service Industry: Service Industry uses are those which are primarily engaged in providing an off-site service but which maintain inventory, storage of materials, and a business office at a central location. Repair of equipment and materials associated with the service is also permitted at this central location. · Land Development Services (eg., surveying, soils testi ng, mapping, architectural, engineering). · Contractor and Trade Services (e.g. general contractor, electrician, plumbers, heating and air-conditioning specialists, swimming pool maintenance, landscaping services, exterminators, equipment and tool rental). · Repair of office equipment (e.g., typewriters, computers, data processing equipment). · Business Services (e.g. typewriters, computers, data processing equipment). City Commission Documentation LDR Amendment - MIC & I zoning districts to Add Food Preparation & Catering Page 3 · Limousine Service. · Gun Ranges (indoor). · Food preparation and/or processina. includina but not limited to bakeries and caterina operations. 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5 That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200_. ATTEST MAYOR City Clerk First Reading Second Reading DURAY B[A(H DELR.\Y B[4.CH ~~.:Å'~~ Ít~~~ AI~_CIIy PLANNING AND ZONING BOARD -cay 'till' , I III.! MEMORANDUM STAFF REPORT 1 (/9 ~ 1 ~I'-I ~ ~OlJl "00' MEETING DATE: APRIL 18, 2005 AGENDA ITEM: IV.B - PRIVATELY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.4.20 "INDUSTRIAL" TO ADD "FOOD PRODUCTS", "FOOD AND FOOD-RELATED PRODUCTS AND "CATERING SERVICES" AS PRINCIPAL USES. II ITEM BEFORE THE BOARD _..J - a__'" .. . - . . . - ... . - . The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations Section 4.4.20 "Industrial" to add "food products", "food and food-related products" and "catering services" as principal uses, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. II PROPOSED TEXT AMENDMENT I DEVELOPMENT PROPOSAL II A privately initiated LDR text amendment has been submitted by Hua Restaurant Group to list "food products", "food and food-related products", and "catering services" as principal uses in the MIC (Mixed Industrial and Commercial) and I (Industrial) zoning districts. The applicant has submitted the text amendment in order to occupy a tenant space at the Tenth Street Park of Commerce located on the south side of S.W. 10th Street, approximately 480' west of S.W. 10th Avenue (1100 S.W. 10th Street, Unit #G). The proposal is to occupy/purchase a 3,600 sq.ft. warehouse with the intention to modify the interior to accommodate corporate offices, dry storage, cold storage and a food commissary (commercial kitchen) to produce products to be delivered to company restaurants. There will not be any retail sales on the premises. The floor area breakdown is as follows: 1. Office area - 1,200 sq. ft. 2. Preparation kitchen area - 700 sq. ft. 3. Refrigerated storage area - 700 sq. ft. 4. Dry storage area - 1,000 sq. ft. The types of products to be produced at this location are: IV.B. Planning and Zoning Board Staff Report LDR Amendment - MIC & I zoning districts to Add Food Products, Food Preparation & Catering Page 2 1. Salads & salad dressings 2. Sauces 3. Soups 4. Dough & baked goods 5. Marinated protein such as meat, poultry & seafood 6. Roasted pork & beef The request is amend the following sections: 1. Section 4.4.20(8)(1) which is referenced by Section 4.4.19(8)(1), under the heading "Products" to add "food products". 2. Section 4.4.20(8)(3) to add "food and food-related products". 3. Section 4.4.20(8)(5) to add "catering services". ~ LDR TEXT AMENDMENT ANAL ysls i - -- LDR Section 2.4.5(M)(5) (Findinas): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A}, the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The purpose and intent of the Mixed Industrial and Commercial (MIC) District is to provide for a mix of industrial, commercial, and office use in a single zone district. The uses allowed are intended to enhance employment opportunities in the industrial, manufacturing and trade sectors, with supporting business and professional office functions. The MIC zone district allows the same industrial and service industry uses as those that are allowed in Industrial zoning district regulations and references the uses allowed in the Industrial zone district regulations. The Industrial Uses include the manufacturing, fabrication and wholesale of items while the Service Industry uses typically provide an off-site service but maintain inventory, storage and an office at a central location. The manufacturing component of the MIC and I zoning districts currently allow similar products such as bakery products and the MIC zoning district classifies bakeries as a retail trade. Other food-related or consumable items that are allowed in the I zoning district include "dairy processing and "meat cutting and wholesale storage" as a conditional use. Examples of the types of uses allowed in the Service Industry are contractor and trade services, development services, limousine services, business services. Based on a commonality with these uses with respect to the off-site services, the proposed food preparation business and catering are appropriate uses within the Service Industry category. The request includes modifying Sections 4.4.20 (B)(1), (3) and (5), which is unnecessary. The use can be listed as a single use under the Service Industry uses. It is noted that in the CBD-RC (Central Business District - Railroad Corridor) (which allows limited industrial uses) and LI (Light Industrial) zoning districts food preparation and/or processing, including but not limited to bakeries and catering operations are listed as a conditional use. Also, on October 5, 2004, the City Commission approved a Planning and Zoning Board Staff Report LDR Amendment - MIC & I zoning districts to Add Food Products, Food Preparation & Catering Page 3 similar text amendment to allow "Food Catering establishments, preparation and storage only (no food served on premises)" as a permitted use in the Service Industry category of the PCC (Planned Commerce Center) zoning district. These types of uses are appropriate in an industrial setting as they are primarily related to preparing a product for distribution to a facility in a commercial area or provide a service to an off- premise customer/consumer. The addition of the uses to the MIC and Industrial zoning districts will provide more flexibility to the zoning districts and more opportunities for businesses. It is noted that the serving of food on the premises is not permitted as this would change the classification to restaurant, which is not permitted in the industrial zoning districts (MIC, LI, I). COMPREHENSIVE PLAN POLICIES: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no specific applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. ! REVIEW BY OTHERS II The proposal is not in a geographical area requiring review by the DDA (Downtown Development Authority), CRA (Community Redevelopment Agency) or HPB (Historic Preservation Board). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: 0 PROD 0 President's Council Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. II -. .---=.~ ALTERNATIVE ACTIONS .- --.---- . . .. .- --- A. Continue with direction. S. Move a recommendation of approval to the City Commission for the text amendment to the Land Development Regulations (LDRs) Section 4.4.20(B)(5) to allow "food preparation and/or processing, including but not limited to bakeries and catering operations" as a permitted use in the Service Industry category of the I zoning district (and MIC zoning district by reference) by adopting the findings of fact and law contained in the staff report, and Planning and Zoning Board Staff Report LOR Amendment - MIC & I zoning districts to Add Food Products, Food Preparation & Catering Page 4 finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). C. Move a recommendation of denial to the City Commission for the text amendment to the Land Development Regulations (LDRs) Section 4.4.20(B)(5) to allow "food preparation and/or processing, including but not limited to bakeries and catering operations" as a permitted use in the Service Industry category of the I zoning district (and MIC zoning district by reference) by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M)(5). II RECOMMENDED ACTION II Move a recommendation of approval to the City Commission for the text amendment to the Land Development Regulations (LDRs) Section 4.4.20(B)(5) to allow "food preparation and/or processing, including but not limited to bakeries and catering operations" as a permitted use in the Service Industry category of the I zoning district (and MIC zoning district by reference) by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachment: Proposed Amendment --~--~---- ORDINANCE NO. 27-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, BY ENACTING CHAPTER 59, "RECLAIMED WATER", TO PROVIDE FOR GUIDELINES REGARDING THE USE OF AND CONNECTION TO RECLAIMED WATER AND SETTING RATES FOR SUCH USE; AMENDING SECTION 52.19, "VEGETATION WATER METERS", TO CLARIFY THE USE OF VEGETATION WATER METERS VERSUS RECLAIMED WATER METERS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, potable water and groundwater are valuable resources which must be conserved; and WHEREAS, reclaimed water is also a valuable resource which can safely be used for irrigation purposes, thereby substantially contributing to the conservation of groundwater and potable water; and WHEREAS, the City of Delray Beach has determined to establish a reclaimed water system which would make reclaimed water available for irrigation; and WHEREAS, such reclaimed water system serves a valid public purpose in helping to conserve water resources. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, THAT: Section 1. Chapter 59, "Reclaimed Water", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: CHAPTER 59. RECLAIMED WATER Sec. 59.01. AUTHORITY AND PURPOSE. This article is created in accordance with section 403.064, Florida Statutes, and provides for the encouragement and use of reclaimed water to protect the environment and conserve the City of Delray Beach's potable water supply. Subject to the direction of the City Commission, all powers, duties, and authorities relating to the operation of the facilities of the Environmental Services Department, are vested in the Director of the Environmental Services Department unless specifically vested elsewhere by the provisions of this Chapter. In the absence of the Director of the Environmental Services Department an individual specifically appointed by the City Manager, may assume the powers, duties, and authority vested by this section. ~~\ ~~~~~~~~ \Oß MEMORANDUM TO: MAYOR AND CIlY COMMISSIONERS FROM: CIlY MANAGER ~ SUBJECT: AGENDA ITEM # \aß - REGULAR MEETING OF MAY 17, 2005 ORDINANCE NO. 27-05 DATE: MAY 13, 2005 This ordinance is before Commission for second reading and public hearing to amend the Code of Ordinances by enacting Chapter 59, "Reclaimed Water", to provide for guidelines regarding the use of reclaimed water and amending Section 52.19, "Vegetation Water Meters", to clarify the use of vegetation water meters versus reclaimed water meters. At the first reading on May 3, 2005, the Commission passed Ordinance No. 27-05. Recommend approval of Ordinance No. 27-05 on second and final reading. s:\Clty Clerk\agenda memo.Onl 27-05 Reclauned Water 051705 ---- . Df( . 1Þ1 [IT' DF DELRR' BER[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH. FLORIDA 33444 TELEPHONE 561/243-7090· FACSIMILE 561/278-4755 DELRA Y BEACH Writer's Direct Line: 561/243-7091 f l 0 I I D A ....... AJ.AMica City ~n I'l, MEMORANDUM DATE: April 22, 2005 TO: City Commission David Harden, City Manager h-~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Reclaimed Water Ordinance Ordinance No. 27-05 provides guidelines for the use of reclaimed water. A draft of this ordinance was presented to the Commission at its April 12, 2005 workshop meeting. The definition of "Utility Service Area" was modified in an attempt to provide a clearer definition. This ordinance provides the rates, connection requirements and other guidelines governing the use of reclaimed water. This ordinance also includes a change to Section 52.19 to clarify that separate meters, off of the potable water system, shall not be allowed for irrigation systems when reclaimed water is available. Our office requests that this item be placed on the May 3,2005 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Richard Hasko, Director of Environmental Services ,~ß · ORDINANCE NO. 27-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, BY ENACTING CHAPTER 59, "RECLAIMED WATER", TO PROVIDE FOR GUIDELINES REGARDING THE USE OF RECLAIMED WATER; AMENDING SECTION 52.19, 'VEGETATION WATER METERS", TO CLARIFY THE USE OF VEGETATION WATER METERS VERSUS RECLAIMED WATER METERS; PROVIDING A SA VI NG CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, potable water and groundwater are valuable resources which must be conserved; and WHEREAS, reclaimed water is also a valuable resource which can safely be used for irrigation purposes, thereby substantially contributing to the conservation of groundwater and potable water; and WHEREAS, the City of Delray Beach has determined to establish a reclaimed water system which would make reclaimed water available for irrigation; and WHEREAS, such reclaimed water system serves a valid public purpose in helping to conserve water resources. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, THAT: Section 1. Chapter 59, "Reclaimed Water", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: CHAPTER 59. RECLAIMED WATER Sec. 59.01. AUTHORITY AND PURPOSE. This article is created in accordance with section 403.064, Florida Statutes, and provides for the encouragement and use of reclaimed water to protect the environment and conserve the City of Delray Beach's potable water supply. Subject to the direction of the City Commission, all powers, duties, and authorities relating to the operation of the facilities of the Environmental Services Department, are vested in the Director of the Environmental Services Department unless specifically vested elsewhere by the provisions of this Chapter. In the absence of the Director of the Environmental Services Department an individual specifically appointed by the City Manager, may assume the powers, duties, and authority vested by this section. ----- --- · Sec. 59.02. APPLICABILITY. This Chapter shall apply within the utility service area of the City of Delray Beach, as hereinafter defined and amended from time to time, and shall be liberally construed to effectuate the purposes set forth herein. Sec. 59.03. OBJECTIVE. The objective of this Chapter is to set forth requirements for the use of reclaimed water and the construction of reclaimed water facilities within the City of Delray Beach to be in compliance with all applicable federal and state laws, rules, and regulations as they pertain to reclaimed water. Sec. 59.04. DEFINITIONS. As used in this article, the following words and phrases have the meaning ascribed herein, unless a different meaning is set forth in another section of this Chapter or the context clearly indicates otherwise. Backflow prevention assembly. A backflow prevention assembly shall mean a device and/or method of construction used to prevent backflow into a potable and/or reclaimed water system. The type of assembly used shall be based on the degree of hazard, either existing or potential. City. City of Delray Beach, Florida, a municipal corporation. Cross connection. Any physical arrangement whereby a potable and/or reclaimed water supply is connected, directly or indirectly, with any other system capable of imparting contamination to the potable and/or non potable water supply as the result of backfJow. Customer. Any person, dwelling unit, agent, property owner, developer, user, company, municipal corporation, political subdivision, homeowners association or other entity which accepts or receives reclaimed water service or benefits directly from services rendered by the department. Department. The City of Delray Beach Environmental Services Department. Director. The Director of the City of Delray Beach Environmental Services Department or the duly authorized representative. Dwelling unit. A single unit designated or intended for one-family occupancy (a household of one (1) or more persons), including, but not limited to, one (1) single- family house, one-half ( 1/2) of a duplex, one (1) apartment, or one (1) mobile home. 2 Irrigation. The use of water to maintain and enhance the growth of lawns, shrubs, trees, or edible crops as set forth in Chapter 62-610, Florida Administrative Code. Person. Includes individuals, firms, associations, joint ventures, partnerships, estates, trusts, corporations, and all other groups or combinations. Point of service. The outlet side of the Department's reclaimed water meter box or other point identified on construction plans which ends the Department's ownership, operation and maintenance responsibility. Properly owner. One in whom the legal title to real estate is vested as recorded in the public records of the State of Florida. Reclaimed water. Water that has received at least secondary treatment and basic disinfection and is reused after flowing out of a wastewater treatment facility (Florida Administrative Code, Chapter 62-610). Reclaimed water distribution system. A network of pipes, pumping facilities, storage facilities, and related appurtenances designed to convey and distribute reclaimed water from one (1) or more wastewater treatment facilities up to the Department's side of the point of service. Reclaimed water i"igation system. A network of pipes, pumping facilities, storage facilities, sprinkler heads, and appurtenances on the customer's side of the point of service designed to convey and apply reclaimed water. Retail Customer. Any single family residential connection regardless of meter size, and any multi-family residential or non-residential connection requiring a meter size less than two inches. Service. The readiness and ability on the part of department to furnish reclaimed water to the property. Service initiation. The date a reclaimed water meter is installed. Utility Service Area. The area encompassed by the City's Planning Area as shown on the Future Land Use Map in the City's Comprehensive Plan exclusive of the Country Club Acres development lying west of Military Trail. Wholesale Customer. Any multi-family residential or non-residential connection requiring a meter size of two inches or larger. Sec. 59.04. ADOPTION OF CHAPTER 62-610, FLORIDA ADMINISTRATIVE CODE. The rules and regulations appearing in Chapter 62-610, F.A.C., as may be amended from time to time, are hereby adopted by reference as though fully set forth within this 3 article and shall apply within the City as an ordinance. In the event of any variation between the provisions of Chapter 62-610, F.A.C., and the provisions of this article, the more strict provision shall prevail. The violation of Chapter 62-610, F.A.C., shall be deemed a violation of this section. Sec. 59.06 USE OF RECLAIMED WATER WITHIN THE CITY OF DELRAY BEACH UTILITY SERVICE AREA. (A) Reclaimed water service will be made available within the City's Utility Service Area as the transmission system is extended and treatment capacity becomes available. (B) Reclaimed water service will be deemed available when facilities necessary for connection to the customers' irrigation system are activated to the customers' point of service. Easements may be required across private property to accommodate extension of the transmission system to the customers' point of service. I n the event that such required easements are not granted by the customer, reclaimed water will be deemed available when facilities are placed in service abutting any point on the customers property line. (C) Customers shall have ninety (90) days from the date of notification from the City of service availability to connect irrigation systems to the reclaimed water system with no fees assessed by the City. Customers connecting after that time will be assessed meter installation charges. After the stated 90 day period, customers requiring irrigation water that remain unconnected to the reclaimed water system will be assessed a monthly capacity charge as listed in section 59.09. Upon connection to the reclaimed water system, the capacity charge will cease. (D) Connection of an irrigation system to the customer's side of the reclaimed water meter is the responsibility of the customer and shall be performed at the customer's expense. (E) Should the customer require reclaimed water of quality or pressure varying from that normally supplied by the City, the customer shall be responsible for any devises necessary to make these adjustments, provided, however, that such devices will require prior approval by the City. Sec. 59.07. CONNECTION TO THE RECLAIMED WATER DISTRIBUTION SYSTEM. (A) Meters required. Meters are required on all reclaimed water service connections. No person or property shall have access to the reclaimed water distribution system or use reclaimed water without delivery of same through a meter. All reclaimed water meters shall be furnished and installed by an employee or authorized person of the Department, and shall remain the property of the Department. The minimum meter size for connection to the City's reclaimed water system is three-fourths of one inch. Required meter size for any connection will be determined by the Environmental 4 Services Department on the basis of the irrigation system required pressure and flow characteristics as provided by the Customer (B) Rules, regulations and fees. The City may establish, revise, modify and enforce rules, regulations and fees pertaining to the provision of reclaimed water service. Such rules, regulations, and fees, which are subject to the approval of the City, are set forth in this ordinance, and shall be binding upon all property owners, customers, agents, and assigns required to use and/or using reclaimed water. (C) Operation and maintenance responsibilities for the reclaimed water irrigation system. The operation and maintenance of the reclaimed water irrigation system shall be the sole responsibility of the customer and/or Property Owner utilizing reclaimed water from said system. The customer and/or Property Owner shall provide reasonable access to the Department for periodic inspections of the operation and maintenance of the reclaimed water irrigation system. Failure by the customer and/or Property Owner to properly operate and maintain said reclaimed water irrigation system in accordance with federal, state, and local laws, rules and regulations, shall constitute a violation of this article and be subject to enforcement action as set forth herein below. Sec. 59.08. ACCESS TO WATER METERS. It shall be unlawful for any person to interfere with, effectively deny, or to restrict in any manner, full access to City reclaimed water meters or their appurtenances by the City's agents or employees, for the purposes of making necessary periodic readings, repairs, removal, or disconnection of service on said meters or their appurtenances. Such interference may include, but shall not be limited to, use of locked gates or fences, presence of animals, physical barriers, or overgrown vegetation Sec. 59.09. FEES, RATES & CHARGES. (A) Charges for reclaimed water use will be based on metered flows and will be billed on a monthly basis per 1000 gallons in accordance with the following schedule: 1. Retail customer rate $1.00 2. Wholesale customer rate $ 0.24 (B) Meter installation charges, when applicable, shall be as listed in Chapter 52, section 52.32. (C) Capacity charge, when applicable, shall be as listed in Chapter 52, Section 52.34(B). Sec. 59.10. INSPECTIONS. (A) To ensure that the provisions of the City's ordinances, regulations and procedures are being observed, the City shall inspect, secure or remove, as necessary, any or all 5 devices, including but not limited to, backflow preventers, valves, fittings, pipes and sprinklers which connect to or control the reclaimed water. (B) The refusal by a consumer to permit an authorized City agent or employee to enter a premises for the purpose of inspecting an irrigation system may result in the immediate discontinuance of the reclaimed water service in the discretion of the City. (C) The City shall inspect all connections to the reclaimed water system prior to the connection being placed in service. Sec. 59.11. CONTROL OF BACKFLOW AND CROSS CONECTION. Refer to Code of Ordinance Sections 52.80 - 52.83. Sec. 59.12. DAMAGE TO THE RECLAIMED WATER DISTRIBUTION SYSTEM. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, or deface any structure, appurtenance or equipment which is part of the reclaimed water distribution system. All costs to repair any damage to the reclaimed water distribution system and/or all costs associated with additional treatment or alternative disposal requirements resulting from said action, shall be assessed to the person(s) responsible. Sec. 59.13. APPROVED USES OF RECLAIMED WATER. Reclaimed water shall be used in accordance with applicable federal, state, and local laws, rules and regulations. Pursuant to this Chapter, reclaimed water may be used for irrigation of residential and nonresidential lawns, golf courses, cemeteries, parks, landscaped areas, edible crops (as set forth in Chapter 62-610, Florida Administrative Code), highway medians, dust control on construction sites, mixing of concrete, and cleaning of roads and sidewalks. Any other use of reclaimed water must be approved in writing by the Director prior to said usage. Sec. 59.14. PROHIBITIONS FOR USE OF POTABLE WATER, RECLAIMED WATER AND THE RECLAIMED WATER DISTRIBUTION SYSTEM. No person shall use reclaimed water unless in accordance with federal, state, or local laws, rules, or regulations. Pursuant to this article, no person shall: (A) Use potable water for irrigation of landscaped areas where reclaimed water is available for such purpose. (B) Utilize aboveground hose bibs. Hose bibs shall be located in lockable, below grade vaults and clearly marked as being of non-potable quality. All vault covers shall be color-coded purple and shall be kept locked when not in use. 6 (C) Use reclaimed water for the filling of swimming pools, hot tubs, wading pools, or decorative fountains. (D) Pipe reclaimed water into or use reclaimed water inside of any building or structure. (E) Cut and/or remove a Department-installed lock; tamper with the meter, bypass, or reverse a reclaimed water meter; use, alter or make any connection to the reclaimed water distribution system unless prior written approval has been given by the Director, and an employee or authorized person of the Department is present at the time of said approved action. (F) Sell, barter, trade or otherwise transfer reclaimed water to any other person or entity. (G) Cause a cross connection between a potable water supply and the reclaimed water distribution system or the reclaimed water irrigation system, or violate a provision or requirement of City Ordinances pertaining to backflow prevention or cross connection control. (H) Setback Distances shall be maintained as required in chapter 62-610, F.A.C. Sec. 59.15. SERVICE INTERRUPTION. (A) The City reserves the right to discontinue service to any portion of, or the entire, reclaimed water system as deemed necessary by the Director. (B) The Director shall have the authority to establish schedules which restrict the use of the reclaimed water system at certain times in order to reduce maximum pressure demands on the system and to regulate usage during periods of limited reclaimed water availability. Sec. 59.16. CITY RESPONSIBILITY. The City will reasonably attempt to deliver an adequate supply of reclaimed water of good quality at all times. However, no assurances or guarantees shall be provided to customers or to others regarding the quantity or quality of the water due to circumstances beyond their control. Sec. 59.17. LOCATION. The location of reclaimed water service lines and points of delivery to private property shall be determined by the City. The normal location of the reclaimed water point of delivery (including meter when required) is behind the right-of-way line on the property being served. 7 Sec. 59.18. METER REQUIREMENTS. Appropriately sized meters shall be required for all commercial, industrial, and multi- family dwelling unit uses as determined by the Director. Sec. 59.19. SHALLOW POT ABLE WELLS. (A) The City shall not provide reclaimed water service where shallow wells, the existence of which is known by the City, are a source of potable water and where buffer zone requirements of the Florida Department of Environmental Regulation cannot be maintained. (B) No person shall install a shallow well intended for use as a source of potable water for property where reclaimed water and potable water connections are available. Sec. 59.20. USE OF RECLAIMED WATER. Reclaimed water service may be provided as a source of water for cooling and miscellaneous process applications. However, reclaimed water may not be piped into any building used for residential purposes. Any effluent reclaimed water from cooling and/or process use must be discharged to the sanitary sewer and must meet all city, state and federal discharge regulations. A sewer charge for processing of said discharge will be applied in addition to the cost of the reclaimed water. Any discharge to the City's sanitary system must meet the City's minimum pre-treatment standards. Sec. 59.21. RUN-OFF CONTROL. Customers shall be responsible for the operation of their private reclaimed water systems in a prudent manner to ensure that neither ponding nor run-off from the system occurs. Sec. 59.22. DISCONTINUATION OF RECLAIMED WATER SERVICE. (A) Immediate threat to public health. The Director may issue a stop usage notice requiring the customer and/or property owner to immediately cease using reclaimed water if said usage is deemed to present or cause an immediate threat or substantial endangerment to the health, safety or welfare of the public, to the environment, or to the operations of the City's reclaimed water distribution system. Any such finding shall be included in the Director's notification to cease usage of said reclaimed water. Should the customer not comply with the stop usage notice, the Department may immediately discontinue service of reclaimed water to the property. All expenses incurred by the Department to discontinue said service and/or any and all damages associated with the use of the reclaimed water shall be borne by the customer and/or property owner. (B) Other violations. Notwithstanding the provisions as set forth in paragraph (A) hereinabove, the Director shall, upon discovery of a violation of this article, notify the 8 customer and/or property owner of said violation by certified mail or by placing a notice on the property or by any other reasonable means. The notice of violation shall set forth the specific violation, the corrective action to be taken by the customer and/or the property owner, and the period of time by which the customer and/or property owner must correct the violation. Should the customer and/or property owner not correct said violation within the designated period of time, the Department shall discontinue service of reclaimed water to the property until said violation is corrected and all fees associated with the disconnection and/or reconnection of service to said property are paid in full by the customer and/or property owner. Sec. 59.99 PENALTY. See Section 10.99 of the Code of Ordinances. Section 2. Chapter 52, "Water", Section 52.19, "Vegetation Water Meters", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Sec. 52.19 VEGETATION WATER METERS. (A) Separate vegetation water meters for the purpose of watering or irrigation of vegetation or other plant life shall be permitted in an area east of a line which approximates Interstate 95 from the north City limit to Linton Boulevard, then east to Southwest 4th Avenue, then south along Southwest 4th Avenue (and extensions thereof) to the south City limit, or a line in close proximity thereto as may be established by the Director of Environmental Services; however, no such separate meters shall be permitted on single-family residential properties, except where a single-family home is located on an individual lot or in a subdivision where a restriction of such use has not been imposed during development approval. Properties that are capable of beinQ served by reclaimed water. as provided in Chapter 59. shall not be allowed to have a separate veQetation water meter. No separate vegetation water meter shall be permitted west of said line except as provided in division (B) below. (B) A separate vegetation water meter shall be permitted west of said line where the Director of Environmental Services determines that the chloride content of the on- premises or available groundwater renders it unsuitable for irrigation purposes. (C) Said separate vegetation water meter shall serve a water system, and the water flowing from and through such shall be used exclusively for the watering or irrigation of vegetation or other plant life. No connection to said system shall be made for purposes other than the watering or irrigation of vegetation or other plant life. (D) The use of City water for irrigation purposes may be allowed on a case-by-case basis anywhere in the City where and when appropriate for good and sufficient purposes, and when there will be no adverse effects on the municipal water system. Such approval may be granted only by the Director of Environmental Services with the 9 concurrence of the City Manager. Good and sufficient purposes may include, but are not limited to, irrigation of areas small in size or resulting in minimal demand on the water system, or where the siting of a well is not appropriate. Section 3. That should any section or provision of this ordinance, or any portion thereof, or 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby, repealed. Section 5. That this ordinance shall become effective immediately upon its passage on the second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,200_. MAYOR ATTEST: City Clerk First Reading Second Reading 10 -~---~ - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER PJ1 SUBJECT: AGENDA ITEM # \ () c... - REGULAR MEETING OF MAY 17, 2005 ORDINANCE NO. 30-05 (AMENDING CHAPTER 35. "EMPLOYEE POLICIES AND BENEFITS") DATE: MAY 13,2005 This ordinance is before Commission for second reading and public hearing to amend Chapter 35, "Employees Policies and Benefits", Subheading "Retirement Plans", of the City Code of Ordinances, Section 35.089, "Definitions", to revise the definition of "Credited Service" to provide for a member who dies within thirty (30) days prior to attaining five (5) years of credited service. At the first reading on May 3, 2005, the Commission passed Ordinance No. 30-05. Recommend approval of Ordinance No. 30-05 on second and final reading. s:\Gty Clerlt\agenda memo Ord 30-05 General Employee PensIon Plan Crewted Ser1...ce 051705 -~- Message Page 1 of2 g~ Harden, David From: Hamilton, Harry Sent: Thursday, April 28, 20054:57 PM To: Ruby, Susan; Harden, David; Safford, Joseph Subject: RE: General Pension Plan Amendment Given the current situation I think the change would be wonderful and I don't see it causing a future major impact from a cost standpoint. It may never happen again. H2 Harry J Hamilton Director, Human Resources City of Delray Beach 100 N.W 1st Avenue Delray Beach. Florida 33444 561-243-7084 561-243-7082 (Fax) b-ªITlJllQ.I1@..çi.d!,!IJ-ª¥:-º-~~t!.J1 us -----Original Message----- From: Ruby, Susan Sent: Thursday, April 28, 2005 4:49 PM To: Harden, David; Safford, Joseph Cc: Hamilton, Harry Subject: FW: General Pension Plan Amendment In response to the letter from Joe Safford regarding the issue of credited service if on should die within a month prior to vesting or partial vesting in the pension plan, I have asked Jim Linn to prepare an ordinance to address the matter as both he and I concur that to effectuate the intent of giving additional credited service that an amendment to the plan is necessary. Please review and let me know what you think. If you want to we could get this ordinance on for first reading on May3rd. Susan A. Ruby -----Original Message----- From: Jim Linn [mailto:jlinn@lIw-law.com] Sent: Thursday, April 28, 20053:31 PM To: Ruby, Susan Subject: General Pension Plan Amendment OK - how about this? Jim James W. Linn Lèwis, Longman & Walker, P.A. Post Office Box 10788 Tallahassee, FL 32302 (850) 222-5702 (850) 224-9242 (Facsimile) THE INFOR]\,IA TION CONTAINED IN THIS ELECTRONIC MESSAGE IS A TTORt~EY WORK PRODUCT AND ATTORNEY/CLIENT PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS l'iOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED 4/29/2005 \ &-C- Message Page 2 of2 THA T ANY DISSEMINATION, DlSTRIBUTI01\" OR COPYING OF THIS COMM1JNICA nON IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMl\nrNICATION IN ERROR, PLEASE IMMEDlATEL Y NOTIFY US BY TELEPHONE OR E-MAIL AND DELETE THIS MESSAGE. THAt~K YOU. *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** - 4/29120ò5 ---~~---- ------- -- 4128/05 ORDWANCENO. 30-oS- AN ORDWANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDWG CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADWG "RETIREMENT PLAN", OF THE CODE OF ORDWANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDWG SECTION 35.089, "DEFINITIONS", TO REVISE THE DEFINITION OF "CREDITED SERVICE" TO PROVIDE FOR A MEMBER WHO DIES WITHW THIRTY DAYS PRIOR TO ATTAWWG FIVE YEARS OF CREDITED SERVICE; PROVIDWG A GENERAL REPEALER CLAUSE; PROVIDWG A VALIDITY CLAUSE; AND PROVIDWG AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending section 35.089, "Definitions", to read as follows: Sec. 35.089. DEFINITIONS. Credited service. The period of continuous City employment from the employee's most recent date of hire to the date of termination of City employment up to a maximum of thirty (30) years, except as otherwise provided in Section 35.093 or Section 35.094 of this subchapter, and the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended from time to time. Credited service shall include all periods of paid leave, and unpaid leave up to and including thirty (30) days in any calendar year. Unpaid leave in excess of thirty (30) days in any calendar year shall be excluded from credited service, except as otherwise required by the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended from time to time. The credited service of any member whose City employment is terminated by reason of the member's death within thirty (30) days prior to attaining five years of credited service shall be deemed to include the period between the member's death and the date on which the member would have attained five years of credited service. Credited service shall also include, for purposes of vesting and determining eligibility for normal retirement only, the years and completed months of a member's full-time employment with the . '- -- ---~- 2 City as a police officer or firefighter subsequent to membership in this plan. Such service shall not be considered in determining the amount of a member's benefits under this plan. Section 2. 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 operate to invalidate the remainder hereof. Section 3. That this ordinance shall become effective immediately upon its passage on second and final reading, and shall apply retroactively to May 1, 2005. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,2005. MAYOR ATTEST: City Clerk First Reading ~- Second Reading ~ -- - ~ -~--- -- ~ r CITY COMMISSION DOCUMENTATION f TO: DAVID T~. TV AN GER THRU: PAUL D RUNG, DIRECT F PLANNING AND ZONING FROM: JEFFREY A. COSTELLO, SISTANT PLANNING DIRECTOR SUBJECT: MEETING OF MAY 17,2005 CONSIDERATION OF A CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.5.3 "FLOOD DAMAGE CONTROL DISTRICTS" AND APPENDIX "A" DEFINITIONS TO PROVIDE FOR A DEFINITION OF LOWEST FLOOR TO COMPLY WITH NATIONAL FLOOD INSURANCE PROGRAM REGULATIONS. L_.._......'" . _... 1111 . I ,... II __ .. "'...'..... ._~_._"'... I I.. " , .. '''....' . ." "'··..--·11 BACKGROUND AND IANAL YSIS ....... . . . I.' I I This amendment is corrective in nature. In July 2004, the Department of Community Affairs conducted a Community Assistance Visit (CA V ) concerning the City's Floodplain Management Program. The purpose of the visit was to assess the effectiveness of the City's administration and enforcement of its floodplain management regulations as well as provide an opportunity to maintain periodic contact with local governments. The discussions focused on Section 4.5.3, "Flood Damage Control Districts" of the Land Development Regulations and Section 60.3(c) of the National Flood Insurance Program (NFIP) regulations. Based upon review of these regulations, the City's regulations currently do not contain the definition of "Lowest Floor", which supports the minimum criteria of the NFIP. Adoption of local regulations that meet the minimum NFIP regulatory standards is required to participate in the program. Thus, the proposed changes to Section 4.5.3 and Appendix A relate to the definition of "Lowest Floor". LDR Section 2.4.5(M}(5} (Findinas): Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. Future Land Use Element Policv A-5.3: The City shall continue to enforce its Flood Damage Protection Ordinance. The proposed change will ensure the City's regulations are consistent with the NFIP minimum regulations, which will ensure the City's Flood Damage Protection Ordinance is properly enforced. Based upon the above, positive findings can be made that the proposed amendment is consistent with the City's Comprehensive Plan. I PLANNING AND ZONING BOARD CONSIDERATION -- --=~ - The Planning and Zoning Board will consider the proposed text amendment at their meeting of May 16, 2005. The Board's recommendation will be provided at the City Commission meeting. ~ RECOMMENDED ACTION I .-- -- - _.- Move to approve the attached amendment to the Land Development Regulations Section 2.4.4(E) Expiration of Approvals. by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth In Section 2.4.5(M) of the Land Development Regulations, with second reading to occur on June 7, 2005. Attachment: Proposed Ordinance \-;;J.A ORDINANCE NO. ~-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING APPENDIX "A" "DEFINITIONS", BY ENACTING A NEW DEFINITION FOR "LOWEST FLOOR" AND AMENDING SECTION 4.5.3, "FLOOD DAMAGE CONTROL DISTRICTS", IN ORDER TO INCLUDE A DEFINITION OF "LOWEST FLOOR"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to update its ordinance on flood damage control districts in order to comply with the National Flood Insurance Program minimum regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA: Section 1. That Appendix "A", "Definitions", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: LOWEST FLOOR Lowest floor shall mean the lowest floor of the lowest enclosed area (including basements). An unfinished or flood resistant enclosure. usable solelv for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor: provided. that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR Section 60 3. Section 2. That Section 4.5.3, "Flood Damage Control Districts" of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 4.5.3 Flood Damage Control Districts: (A) Purpose and Intent: It is the purpose of this Overlay Zone District to promote the public health, safety, and general welfare, and to minimize public and pnvate losses due to flood conditions in specific areas by provisions designed to: (1) Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion or in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve these uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural flood plains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging, and other development which may increase erosion or flood damage; and, (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. (8) Definitions: (1 ) Lowest Floor: Lowest floor shall mean the lowest floor of the lowest enclosed area (includino basements). An unfinished or flood resistant enclosure, usable solelv for parkino of vehicles, buildino access or storaoe in an area other than a basement area is not considered a buildino's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation des ion requirements of 44 CFR Section 60.3. ~ Application: (1 ) Rule: No structure shall be located, extended, converted, structurally altered, or used on land which is located within a special flood hazard area without full compliance with the terms of this Section. The Chief Building Official is responsible for the issuance of permits pursuant to this Section. (2) Location of Special Flood Hazard Areas: The regulations contained herein shall apply to all areas of special flood hazard within the jurisdiction of the City and as shown on the latest edition of the Flood Rate Insurance Map as promulgated by the Federal Emergency Management Agency. (3) Restrictions: This Section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions, nor is it intended to repeal provisions of the Standard Building Code. Where this Section and another provision conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (4) Interpretations: In the interpretation and application of this Section all provisions shall be: (a) Considered as minimum requirements; (b) Liberally construed in favor of the governing body; and (c) Deemed neither to limit nor repeal any other powers granted under state statutes. (5) Disclaimer: The degree of flood protection herein required is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within these areas will be free from flooding or flood damages. These regulations shall not create liability on the part of the City, its Mayor, members of the Commission, its officers, employees, or appointees thereof for any flood damages that result from reliance thereon or any administrative decision lawfully made thereunder. í.Ql(G1 Review and Approval Process: See Section 2.4.6(1)] ~ Construction Standards: (1) General: In all areas of special flood hazard, the following provisions apply: (a) All new construction and substantial improvements shall be anchored to prevent floatation, collapse, or lateral movement of the structure. (b) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (c) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. (d) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system (e) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. (f) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (g) Any alteration, repair, reconstruction, or improvements to a structure on which the start of construction was begun after May 8, 1978, shall meet the requirements of new construction as contained in this chapter. (h) Manufactured homes shall be anchored to prevent floatation, collapse, or lateral movement. Method of anchoring may include, but is not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable requirements for resisting wind forces. (i) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and located so as to prevent water from entering or accumulating within the compartments during conditions of flooding. (2) Mapped Areas: In all areas of special flood hazard where base flood elevation data has been provided on FEMA Maps, the following provisions apply: (a) Residential Construction: New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. (b) Nonresidential Construction: New construction or substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, be flood-proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (3) Subdivisions: All subdivision proposals shall (a) Be consistent with the need to minimize flood damage; (b) Have public utilities such as water, gas, sewer, and electrical systems located and constructed to minimize flood damage; (c) Have adequate drainage provided to reduce exposure to flood hazards; (d) Provide base flood elevations in all cases where a plat involves five acres of land or fifty dwelling units. ~Variances: The Board of Adjustment shall hear and decide appeals and requests for variances from the requirement of this Section pursuant to Section 2.4.7(A). (1 ) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this Subsection. (2) In passing upon the applications, the Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other portions of this Section, and: (a) The danger that materials may be swept onto other lands to the injury of others; (b) The danger to life and property due to flooding or erosion damage; (c) The susceptibility of the proposed facility _and its contents to flood damage and the effect of the damage on the individual owner; (d) The importance of the services provided by the proposed facility to the community; (e) The necessity to the facility of a waterfront location, where applicable; (1) The availability of altemative locations, not subject to flooding or erosion damage, for the proposed use; (g) The compatibility of the proposed use with existing and anticipated development; (h) The relationship of the proposed use to the comprehensive plan and flood plain management program for that area; (i) The safety of access to the property in times of flood for ordinary and emergency vehicles; (j) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; (k) The costs of providing govemmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges; and (I) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1 /2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level providing that the requirements of this Section have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases. (3) Upon consideration of the factors listed above and the purposes of this Section, the Board of Adjustment may attach conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (4) Variances shall not be issued within any designated flood way if any increase in flood levels during the base flood discharge would result. (5) Basis for Variances: (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. (b) Variances shall only be issued upon a showing of good and sufficient cause; a determination that failure to grant the variance would result in exceptional hardship to the applicant; and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances ß2){F) Other Administrative Functions: The Chief Building Official in his duty of Implementing this Section shall: (1) Review all development permits to assure that the permit requirements of this chapter have been satisfied. (2) Advise permittee that additional federal or state permits may be required, and if specific federal or state permits are known, require that copies of the permits be provided and maintained on file with the development permit. (3) Notify adjacent communities and the State Department of Community Affairs, 1571 Executive Center Circle East, Tallahassee, Florida, 32301, prior to any alteration or relocation of a water course, and submit evidence of the notification to the Federal Insurance Administration. (4) Assure that maintenance is provided within the altered or relocated portion of the water course so that the flood carrying capacity is not diminished. (5) Verify and record the actual elevation (In relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures. (6) Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood-proofed. (7) When flood-proofing is utilized for a particular structure, the Chief Building Official, as administrator, shall obtain certification from a registered professional engineer or architect. (8) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Chief BUilding Official, as administrator, shall make the necessary interpretation. The person contesting the -location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this chapter. (9) When base flood elevation data has not been provided, then the Chief Building Official, as administrator, shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state, or other source, in order to administer the provisions of this Section (10) All records pertaining to the provisions of this chapter shall be maintained in the office of the Chief Building Official and shall be open for public inspection. (11) In coastal high hazard areas certification shall be obtained from a registered professional engineer or architect that the structure is securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash. (12) In coastal high hazard areas the Chief Building Official shall review plans for the adequacy of breakaway walls. (13) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (14) The Chief Building Official shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2005. MAYOR ATTEST: CITY CLERK First Reading Second Reading