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06-07-05 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. June 7. 2005 and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or 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 Delray 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 record. 100 NW 1st Avenue Dekay Beach, Florida 33444 The City will furnish auxiliary atds and services to afford an individual with a dtsability an opporturuty to partlC1pate 111 and enjoy the benefits of a service, Phone: (561) 243-7000 program, or actiVlty conducted by the City. Contact Doug Randolph at 243- Fax: (561) 243-3774 7127, 24 hours prior to the event 111 order for the Clty to accommodate your request. Adaptive listerung devlces are available for meetlngs in the COmmlSS10n Chambers. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: . May 17, 2005 - Regular Meeting 6. PROCLAMATIONS: A. Recognizing and Commending Jackie Areson B. Recognizing and Commending Atlantic High School Girl's Golf Team C. Nursing Assistants' Week - June 9-16,2005 D. National Clean Beaches Week - June 27, 2005 7. PRESENTATIONS: A. "You Are Not Alone" Contest Winners - Delray Beach Parks and Recreation Department B. RESOLUTION NO. 33-05: Recognizing and Commending Captain Lennis L. Gillard for 30 years of dedicated service to the City of Delray Beach C. Non-Profit Academy Certificates 8. CONSENT AGENDA: City Manager Recommends Approval. A. FINAL SUBDIVISION PLAT APPROVAL/TERRACES AT DELRAY: Approve the subdivision plat for the Terraces at Delray (aka Townhomes of Versilla) , a proposed 8-lot fee simple townhouse development, located on the northwest comer of S.E. 1 st Street and S.E. 7th Avenue. B. FINAL BOUNDARY PLAT APPROVAL/VILLAS IN THE GROVE PLAT: Approve the boundary plat for the Villas in the Grove, a minor subdivision, located north ofN.E. 1st Street between N.E. 2nd Avenue and the F.E.C. Railroad. C. FINAL BOUNDARY PLAT APPROVAL/THE STRAND: Approve the boundary plat for The Strand, a minor subdivision, located on the northwest and southwest comers ofS.E. 3td Avenue and S.E. 1st Street. D. RESOLUTION NO. 35-05/ ABANDONMENT OF EASEMENT: Approve Resolution No. 35-05 abandonment of a sixteen (16) foot wide east-west alley right-of-way lying within Block 83, Town of Linton (Delray) Plat, located at the northeast comer ofN.E. 1st Street and N.E. 2nd Avenue (pineapple Grove Way). 06-07-2005 - 2 - ---- E. RESOLUTION NO. 36-05/ABANDONMENT OF UTILITY EASEMENT: Approve the abandonment of a sixteen (16) foot wide utility easement, retained with Resolution No. 26-99, in association with the Creations Development (now known as Astor Condominium Development), located at the northeast comer of Pineapple Grove Way (N.E. 2nd Avenue) and N.E. 1st Street. F. RESOLUTION NO. 37-05/ ABANDONMENT OF SANITARY SEWER EASEMENT: Approve the abandonment of a sanitary sewer easement dedicated by Deed, located within Lots 77-82 and a portion of Tract "A", plat of Estuary, located at the end of Palm Trail, west of the Intracoastal Waterway. G. RESOLUTION NO. 34-05: Approve Resolution No. 34-05 assessing costs for abatement action required to remove nuisances on eight (8) properties throughout the City. H. ACCEPTANCE OF LIMITED ACCESS EASEMENT /114 SOUTH SWINTON CIRCLE: Approve and accept a limited access easement for 114 South Swinton Circle. I. SERVICE AGREEMENT/MOTOROLA: Approve a service agreement between the City and Motorola in the amount of $113,584.44 to provide that Motorola will service the City's portable radios as well as the equipment used for the City's 800 MHz dispatch system. Funding is available from various departmental budgets. J. VILLAS OF RAINBERRY HOMEOWNERS' ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT: Approve an agreement between the City and Villas of Rainberry Homeowners' Association allowing the Delray Beach Police Department to enforce local and state traffic laws on its property. K. SERVICE AUTHORIZATION NO. t/SIMMONS AND WHITE. INC.: Approve Service Authorization No.1 to Simmons and White, Inc. in the amount of $15,700.00 for the design and preparation of construction documents for modifying the existing u-turn into an Intracoastal Park ingress turn for southbound US 1 vehicles. Funding is available from 334-4174-572-63.90 (General Construction Fund/Other Improvements). L. CONTRACT ADDITION (CHANGE ORDER NO. 2)/ROSSO PAVING & DRAINAGE. INC.: Approve a Contract Addition (Change Order No.2) between the City and Rosso Paving & Drainage, Inc. in the amount of $45,175.00 to begin development of the Temple Sinai Park by constructing a temporary athletic field for the new high school. Funding is available from 380-4150-572-63.23 (2004 G.o. Bond/Neighborhood Parks). M. AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENT/PALM BEACH COUNTY/LINTON BOULEVARD BEAUTIFICATION: Approve an amendment to the Financial Assistance Agreement between the City and the Board of County Commissioners of Palm Beach County for the Linton Boulevard Beautification, extending the deadline for reimbursement to March 31, 2006. 06-07-2005 - 3 - N. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENT: Approve and authorize the execution of a funding agreement with one (1) sub-recipient (Top Notch Hair Dimensions) under the Community Development Block Grant (CDBG) program for FY 2004-2005, with the total funding in the amount of $25,000.00. Funding is available from 118-1965-554- 83.01 (Community Development Fund/Other Grants & Aids). O. BASELINE BUDGET SUBMISSION/CHILDREN'S SERVICE COUNCIL (CSC)/BEACON CENTER AT VILLAGE ACADEMY: Approve authorizing staff to submit the baseline budget funding request for Fiscal Year 2005/06 to the Children's Service Council of Palm Beach County in the amount of $795,547.00 for the program and services associated with the Beacon Center at Village Academy. P. PURCHASE ORDER INCREASE/OTTO WASTE SYSTEMS: Approve an increase of $21,850.00 to blanket purchase order #624061, Otto Waste Systems, for the purchase of 500 garbage carts with lids and wheels. Funding is available from 433- 3711-534-49.35 (Sanitation Fund/Cart Renewal and Replacement). Q. GRANT APPLICATION/PALM BEACH COUNTY PUBLIC LANDS GRANT PROGRAM: Approve the application for a 50%/50% matching grant in the estimated amount of $15,000.00 for the Palm Beach County Public Lands Grant Program for the removal of exotics and invasive vegetation at the Municipal Golf Course. Funding is available from 445-4714-572-52.26 (Municipal Golf Course/ Gardening Supplies). R. INTERLOCAL AGREEMENT /PALM BEACH COUNTY/THRIFT STORE: Approve an Interlocal Agreement with Palm Beach County for participation in the County's surplus asset disposal program known as the Palm Beach County Thrift Store. S. CONSENT TO ASSIGNMENT /LEASE AGREEMENT /BUCKY DENT BASEBALL SCHOOL: Approve Consent to Assignment regarding the Lease Agreement with the Bucky Dent Baseball School (BDBBS) due to a change of ownership. T. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 16, 2005 through June 3, 2005. U. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Allied Chemical in the estimated annual cost of $28,873.20 via the City of West Palm Beach Co-op Bid #04/05-25 for the purchase of liquid chlorine and calcium hypochlorite. Funding is available from 441-5122-536- 52.20 (Water/Sewer Fund/General Operating Supplies), 441-5144-536-52.21 (Water/Sewer Fund/Chemicals), and 441-5123-536-52.21 (Water/Sewer Fund/ Chemicals) FY 05/06. 06-07-2005 - 4 - 2. Bid award to Allied Universal Corporation in the amount of $232,250.00 via Village of Palm Springs Resolution No. 2005-31 for the purchase of Sodium Hypochlorite. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals) FY 04/05 and FY 05/06. 3. Bid award to various vendors for the purchase of automotive parts at an estimated annual cost of $60,000.00. Funding is available from 501-3311-591- 52.20 (Central Garage Fund/External Parts). 4. Bid award to Bermuda Landscape, D.B.A. Southeastern Irrigation in the amount of $314,141.00 for the West Linton Boulevard Beautification Project. Funding is available from 119-4151-572-63.20 (Beautification Trust Fund/Landscaping/ Beautification). 5. Purchase award to MunicIpal LIghting Systems, Inc. in the amount of $24,800.00 for the purchase of sports light poles/fixtures for the Catherine Strong Park Project. Funding is available from 380-4150-572-62.59 (2004 G.o. Bond/Catherine Strong Center). 6. Bid award to Southeastern Pump in the estimated annual cost of $65,000.00 for the purchase of submersible wastewater pumps. Funding is available from 441- 5144-536-46.20 (Water/Sewer Fund/Equipment Maintenance) FY 04/05 and FY 05/06. 7. Purchase award to RLS Lighting, Inc. in the amount of $29,760.00 for the purchase of thirty (30) Aluminum Litter Containers with PVC liners and lids for Atlantic Avenue (west of Swinton Avenue). Funding is available from 433- 3711-534-49.90 (Sanitation Fund/Other Current Charges). 9. REGULAR AGENDA: A. WAIVER REQUEST/BANYAN VILLAGE: 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 22' for Banyan Village, pursuant to LDR Section 2.4. 7 (B) (5), ''Waiver Findings". (Quasi- Judicial Hearing) B. CONDITIONAL USE REQUEST /FUN CITY: Consider a request to allow the establishment of an adult gaming center to be known as Fun City, occupying a 1,222 sq. ft. tenant bay within Delray Square Shopping Center, located on the northeast comer of Military Trail and West Adantic Avenue. (Quasi-Judicial Hearing) C. HOLD HARMLESS AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA): Consider approval of a hold harmless agreement between the City and the Community Redevelopment Agency (CRA) for the Delray Green Market. 06-07-2005 - 5 - D. INTERLOCAL AGREEMENT WITH THE COMMUNITY REDEVELOPMENT AGENCY (CRA)/LIGHT POLES: Conslder approval of an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) wruch provides that the City will purchase light poles and fixtures upon receipt of $17,760.00 from the CRA. E. CONTRACT AWARDS/MEDICAL/DRUG SUPPLIES: Consider approval of contract awards, via the City of Boynton Beach Joint Bid #2005-18, in the estimated annual amount of $96,000.00 to Matrix Medical, Inc. (second lowest bidder); Sun Belt Medical/Emergi-Source; Southeastern Emergency Equipment; Quad Med, Inc. (second /owest bidder); and Bound Tree Medical, LLC for medical/drug supplies for the Delray Beach Fire-Rescue Department. Funding is available from 001-2315-526-52.20 (General Operating Supplies). F. SPECIAL EVENT REQUEST/7th ANNUAL GARLIC FESTIVAL: Consider approval of a special event request for the 7th Annual Garlic Festival to be held November 11-13,2005, granting a temporary use permit per LDR Section 2.4.6(H) for use of City rights-of-way (N.E. 1st Avenue from Atlantic Avenue to N.E. 1 st Street and N.E. 2nd Avenue from the south entrance of the CRA lot to the south side of the Loves Building) from 6:00 a.m. November 10th through 10:00 p.m. November 13th; granting a waiver per LDR Section 4.6.7(D)(3)G)(ü) to allow signs and banners to be put up no earlier than September 30th, staff assistance as outlined in the attached letter; contingent upon sponsor providing a certificate of insurance, liquor liability insurance, and a hold harmless agreement. G. SPECIAL EVENT REOUEST & RESOLUTION NO. 39-05/2STH ANNUAL ROOTS CULTURAL FESTIVAL/YOUTH AND ADULT BASKETBALL TOURNAMENTS: Consider a request for speclal event approval to allow the 28th Annual Roots Cultural Festival to be held August 12-14,2005, and approve Resolution No. 39-05 in support of the event; granting temporary use permit per LDR Section 2.4.6(H) for the use of City facilities, right of way and parking lots, to authorize staff support for security, traffic control, barricading, signage, cleanup, and trash removal for the August 12th-14th weekend; granting a waiver per LDR Section 4.6.7(C)(5)(a) and (9) to allow signage to be put up no earlier than July 29th; contingent upon sponsor providing a certificate of insurance, liquor liability insurance, and a hold harmless agreement. Consider a request to endorse the Youth Basketball Tournament to be held June 24-26, 2005 and the Adult Basketball Tournament to be held August 5-7, 2005 at Pompey Park; waive facility rental fees and authorize staff support for security for basketball tournaments. H. CONSTRUCTION MANAGER AT RISK DOCUMENTS: Consider approval of the proposed purchasing guidelines, request for proposal form, and contract form regarding construction manager at risk services. 06-07-2005 - 6 - I. OLD SCHOOL SQUARE PARKING GARAGE/OPTIONAL SERVICES: Consider approval of Optional Services 4 and 5 of Service Authorization No.1 with PGAL, Inc. for preparation and submittal of required documents for the Site Plan Review and Appearance Board's approval, for a total additional amount of $46,740.00. Funding is available from 380-4150-572-63-29 (2004 G.O. Bond/Old School Square). J. RESOLUTION NO. 24-05 (MID-YEAR BUDGET ADJUSTMENT): Consider approval of a resolution making mid-year adjustments to the adopted budget for FY 2005. K. REOUEST TO INCREASE PENSION PAYMENTS TO RETIRED POLICE OFFICERS AND FIREFIGHTERS: ProVlde direction regarding a request to mcrease pension payments to retired Police Officers and Firefighters. L. SETTLEMENT OFFER IN WONDRA v. CITY OF DELRAY BEACH: ConsIder a Setdement Offer in the amount of $34,000.00 in Wondra v. City of Delray Beach. Staff recommendation is acceptance. 10. PUBLIC HEARINGS: A. ORDINANCE NO. 40-05 (FIRST READING/FIRST PUBLIC HEARING): Privately initiated amendment to Land Development Regulations (LDR), 4.4.18(B)(4), "Planned Commerce Center (pCC)" Zorung District, to add vocational and commercial schools within the Service Industry land use category of the Planned Commercial Center (pCC) Zoning District and add Section 4.4.18(E)(5) to provide supplemental regulations regarding vocational schools. If passed, a second public hearing will be scheduled for June 21, 2005. B. ORDINANCE NO. 31-05 (fIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2005-1): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2005-1 and associated Future Land Use Map (pLUM) amendments, and authorize transmittal to the State Department of Community Affairs. Amendment 2005-1 includes: 1. Text Amendments: a. Future Land Use Element - Modification of Policy C-2.6 to reflect adoption of a Redevelopment Plan for Redevelopment Area #5 (Osceola Park), and that future development in this area shall be consistent with the Plan. b. Future Land Use Element - Modification of Policy C-l.4 to correct the described boundaries of the North Federal Highway Corridor. 06-07-2005 - 7 - 2. Future Land Use Map Amendments: a. City initiated Future Land Use Map (PLUM) Amendment from RDA #5 (Redevelopment Area #5) to CC (Commercial Core) in part, GC (General Commercial) in part, MD (Medium Density Residential 5-12 du/ ac) in part and LD (Low Density Residential 0-5 du/ ac) in part, for the Osceola Redevelopment Area, comprising of 35.6 acres and generally located between S.E. 2nd Street and S.E. 5th Street and between S.E. 5th A venue and S.E. 1 st Avenue. b. City Initiated Future Land Use Map amendment from County - MR-5 (Medium Residential 0-5 du/ ac) to City - LD (Low Density Residential 0-5 du/ ac) for Country Club Acres, located on the east side of Military Trail, south of West Atlantic Avenue. c. City Initiated Future Land Use Map Amendment from County - INST (Institutional) to City - CF (Community Facilities) for Delray Medical Center, located on the south side of Linton Boulevard, approximately 1,240 feet west of Military Trail. C. ORDINANCE NO. 39-05 (FIRST READING/FIRST PUBLIC HEARING): Privately initiated amendment to Land Development Regulations (LDR) , 4.4.21 "Community Facilities (CF)", to add senior housing as a conditional use in the CF (Community Facilities) District; amending Section 4.3.3 "Special Requirements for Specific Uses", to provide specific regulations for "Senior Housing" and Appendix A "Definitions" to provide a definition for Senior Housing. If passed, a second public hearing will be scheduled for June 21, 2005. D. RESOLUTION NO. 38-05/INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA): Consider approval of Resolution No. 38- 05 and an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for the transfer of a parcel of land, located at the end of Lake Avenue North adjacent to the Old Palm Grove Development to be used as part of a pocket park. 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. 32-05: City initiated rezoning from County - AR (Agricultural Residential) to City R-l-A (Single Family Residential) for Country Club Acres, located on the east sIde of Military Trail, south of West Atlantic Avenue. 06-07-2005 - 8 - B. ORDINANCE NO. 41-05: An ordinance amending Chapter 100, "Nuisances", of the Code of Ordinances, by amending Section 100.01, "Existence of Weeds, Trash, and Vegetation Upon Lands Prohibited", to provide that vegetation or trees which interfere with traffic flow, safety, or utilities are a nuisance; and to provide for enforcement. If passed, a public hearing will be scheduled for June 21, 2005. C. ORDINANCE NO. 34-05: Privately initiated small scale Future Land Use Map (pLUM) Amendment from OS (Open Space) to LD (Low Density Residential 0-5 dwelling units per acre) and rezoning from OSR (Open Space and Recreation) to R-l-A (Single Family Residential) for a 0.978 acre parcel of land located on the south side of West Atlantic Avenue, approximately 2,000 ft. west of Homewood Boulevard within the Hamlet Residential Development. If passed, a public hearing will be scheduled for June 21, 2005. D. ORDINANCE NO. 37-05: City initiated rezoning from RM (Medium Density Residential) to R-l-A (Single Family Residential) for a 5.9 acre portion of the Osceola Park redevelopment area, generally located between S.E. 2nd Street and S.E. 3td Street 00 th ' between S.E. 2 Avenue and S.E. 5 Avenue. E. ORDINANCE NO. 33-05: Annexation via the provisions of the executed Water Service Agreements and Consent to Annexation with initial zoning of CF (Community Facilities) for Delray Medical Center, located on the south side of Linton Boulevard, approximately 1,240 feet west of Military Trail. F. ORDINANCE NO. 42-05: City initiated amendment to Land Development Regulations (LDR), Appendix "A", "Definitions", to enact a new definition of "Restaurant". If passed, a public hearing will be scheduled for June 21,2005. G. ORDINANCE NO. 35-05: Rezoning from R-l-A (Single Family Residential) to CF (Community Facilities) associated with the establishment of a Senior Housing Facility at the La France Hotel, located on the west side of N.W. 4th Avenue, approximately 80 feet south of Martin Luther King Jr. Drive (N.W. 200 Street). If passed, a public hearing will be scheduled for June 21, 2005. H. ORDINANCE NO. 38-05: City initiated amendment to Land Development Regulations (LDR) , Section 4.5.3, "Hood Damage Control Districts" and Appendix "A", "Definitions", to provide for a definition of "Lowest Hoor" to comply with National Hood Insurance Program Regulations. If passed, a public hearing will be scheduled for June 21, 2005. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: .JUNE 3, 2005 06-07-2005 - 9 - CITY COMMISSION CITY OF DELRAY BEACH. FLORIDA REGULAR MEETING - TUESDAY. JUNE 7.2005 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 7. PRESENTATIONS: D. ATLANTIC HIGH SCHOOL POLICE CAREER PROGRAM - Chief Larry Schroeder 8. CONSENT AGENDA: U.8. CONTRACT A W ARD/CHAZ EQUIPMENT. INC.: Approve a contract award to Chaz Equipment, Inc. in the amount of $45,000.00 for the replacement of a sanitary sewer manhole in Highpoint Section III. Funding is available from 442-5178-536- 63.51 (Water & Sewer/Renewal/Replacement/Sewer Mains). ******************************************************************************** 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 17. 2005 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, May 17, 2005. L Roll call showed: Present - Commissioner Patricia Archer Commissioner Rita Ellis Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk Janet Whipple, Deputy City Clerk At this point, Mayor Perlman stated he would like to observe a moment of silence in memory of Barbara Turner (City Employee) who passed away after a long illness. 2. The opening prayer was delivered by Reverend Mary Beth Wells with St. Paul's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was gl ven. 4. AGENDA APPROVAL: Mayor Perlman noted the addition of Item 9.Q., Police Executive Research Forum (PERF) Proposal to the Regular Agenda by addendum. Mayor Perlman stated Item 8.A., Resolution No. 30-05/Abandonment of Easement and Item 9.E., Clear Channel Outdoor Request has been removed from the Agenda due to the applicant's request. In addition, he stated at staff s request Item I2.A., Ordinance No. 38-05 has been removed from the Agenda. Mayor Perlman stated there is also additional information for Item 9.J., Tripartite and Interlocal Fundinl!: Al!:reement/School District of Palm Beach County. Palm Beach County. and CitvlRel!:ardinl!: Atlantic Community Hil!:h School Campus Conversion. 05/17/05 -- Mr. Levinson requested that Item 8.1., Special Event Request/2nd Annual All America Duck Derby be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.1. Mr. Levinson moved to approve the Agenda as amended, seconded by Ms. McCarthy. 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 with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Levinson moved to approve the Minutes of the Regular Meeting of May 3, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to approve the Minutes of the Special Meeting of May 10,2005, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Reco2nizin2 Student Ambassadors: Danielle Birney. Jessica Crowel. Ray Feran. Roumen lordanov. Reynold Urias. Julia Yip. and Lukas Jaworski Mayor Perlman read and presented a proclamation hereby recognizing the following student ambassadors: DANIELLE BIRNEY, JESSICA CROWEL, RAY FERAN, ROUMEN IORDANOV, REYNOLD URIAS, JULIA YIP and LUKAS JAWORSKI. Fonner Mayor David W. Schmidt came forward to accept the proclamation and on behalf of Sister Cities he thanked the City of Delray Beach for its continued support ofthe organization. 6.B. Ma2net School of Distinction - Morikami Park Elementarv School Mayor Perlman read and presented a proclamation hereby extending 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. Elizabeth Kennedy, Principal, came forward to accept the proclamation and thanked the City of Delray Beach for their support. -2- 05/17/05 6.C. Top Montessori School- S.D. Spady Elementary School Mayor Perlman read and presented a proclamation hereby extending our congratulations to S.D. SPADY ELEMENTARY SCHOOL who has 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. Martha O'Hare, Principal, came forward to accept the proclamation and thanked the Commission for their support. 6.D. 18th Best Hi2h School in the United States - Atlantic Community Hieh School Mayor Perlman read and presented a proclamation hereby extending our congratulations to ATLANTIC COMMUNITY HIGH SCHOOL staff, students, parents, and business partners for their dedication and hard work. Kathy Weigel, Principal, came forward to accept the proclamation and thanked the City of Delray Beach for the new high school and for their support. In addition, Vice Mayor Levinson noted that Atlantic High School students are winning awards as well. 6.E. National Safe Boatine Week - May 21-27. 2005 Mayor Perlman read and presented a proclamation hereby proclaiming May 21, 2005 through May 27, 2005 as NATIONAL SAFE BOATING WEEK in Delray Beach, Florida. Mr. Kegan and Mr. Barrett with the Coast Guard Auxiliary came forward to accept the proclamation. 6.F. Code Enforcement Officers' Appreciation Week - June 6-10. 2005 Mayor Perlman read and presented a proclamation hereby proclaiming June 6, 2005 through June 10, 2005 as CODE ENFORCEMENT OFFICERS' APPRECIATION WEEK. Lula Butler, Director of Community Improvement, came forward to accept the proclamation and stated there will be service seven days a week beginning June 1,2005. 6.G. Office Depot Hazard Fair Day - May 20. 2005 Mayor Perlman read and presented a proclamation hereby recognizing and proclaiming 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. Commissioner Ellis came forward to accept the proclamation. -3- 05/17/05 6.H. Elder Law Month - Mav. 2005 Mayor Perlman read and presented a proclamation hereby proclaiming the month of May, 2005 as DELRA Y BEACH ELDER LAW MONTH and urged 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. Leigh McMillan came forward to accept the proclamation and thanked the City Commission. 7. PRESENTATIONS: 7.A. "Spotli2ht on Education" - Carole Shetler. South Area Superintendent Carole Shetler, Area Superintendent, congratulated Atlantic High School for the achievement and recognition in Newsweek Magazine and stated it is not only an achievement to offer the International Baccalaureate Program but also to seek more chances for students to take advanced placement. She reinforced the support of the Commission of MontessorilMagnet at Spady Elementary, the primary IB Magnet at Morikami Elementary, and the Middle Years Program as well. Mrs. Shetler stated Village Academy and Plumosa Elementary School were both among the highest schools in the district in tenns of reducing the number of children in 3rd grade that are at Level 1 and increasing the number of children who are at Level 3 (grade level). She stated Plumosa also had one of the highest levels of reduction in Level 1 in mathematics and last year was the top improving school in Florida in mathematics. Orchard View Elementary School is adding another grade level in their Dual Language Program and Morikami Elementary School (lottery system) is the best school in the district in the area of student writing. Mrs. Shetler stated Spady, Atlantic, Village Academy, and Pine Grove have achieved higher in writing this year even with the new higher standard. Mrs. Shetler stated she is very pleased and knows the City of Delray Beach takes a great interest in the facilities of the schools. She stated the new Spady opened over Spring Break and in approximately three years Plumosa will have a new facility. Mrs. Shetler stated she is very proud of the Principals, teachers, students and the community for providing continuing support and thanked the Commission for everything they do. 7.B. Awards Presentation - Historic Preservation Month Poster Contest Warren Adams, Senior Planner stated 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 12th grade were encouraged to design posters which -4- 05/1 7/05 reflect the theme and to utilize the City's historic built resources for inspiration. Mr. Adams presented the following winners with certificates: 1st Place - Tyler Ranew (American Heritage) 2nd Place - Elizabeth Seminano (American Heritage) 3rd Place - Catherine Dubin (American Heritage) - Not Present 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA PER THE APPLICANT'S REQUEST. 8.B. FINAL BOUNDARY PLAT APPROVALIWORTHING PLACE BLOCK 69 PLAT: Approve the boundary plat for Worthing Place Block 69, located on the west side of S.E. 1 st A venue, between Atlantic A venue and S.E. 1 st Street. 8.C. FINAL BOUNDARY PLAT APPROV ALIWORTHING PLACE BLOCK 77 PLAT: Approve the boundary plat for Worthing Place Block 77, located between S.E. I st A venue and S.B. 2nd A venue and Atlantic A venue and S.E. I st Street. 8.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. loth Street. The caption of Resolution No. 28-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y 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 DELRA Y 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. (The official copy of Resolution No. 28-05 is on file in the City Clerk's office. ) -5- 05/1 7/05 ---- 8.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. The caption of Resolution No. 29-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y 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 DELRA Y BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTNE 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. (The official copy of Resolution No. 29-05 is on file in the City Clerk's office.) 8.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. 8.G. CONSENT TO ASSIGNMENTILAWSON. NOBLE & WEBB. INC.: Approve Consent to Assignment with Lawson, Noble & Webb, Inc., which merged with Arcadis G & M, Inc., for general consulting engineering services. 8.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. 8.1. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.1. -6- 05/17/05 8.J. AMENDMENTffICKETMASTER 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 from the Fed Cup ticket sales shall be paid directly to the United States Tennis Association (USTA) Fed Cup box office. 8.K. CONTRACT ADDITION (CHANGE ORDER NO.lIOVERHOL T 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 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). 8.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. 8.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. 8.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. Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.I. SPECIAL EVENT REQUEST/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 Del ray Beach, to be held November 19, 2005 from 11:00 a.m. until 5:00 p.m. at Veteran's Park, including temporary use pennit 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. -7- 05/17/05 Robert A. Barcinski, Assistant City Manager, stated this event is sponsored by the Sunrise Rotary Club of Delray Beach and is proposed for November 19, 2005 from 11 :00 a.m. to 5:00 p.m. at Veteran's Park. Staff requests Commission to grant a temporary use pennit per LDR's Section 2.4.6(H) for the use of Veteran's Park, and the parking lot and to provide staff assistance for traffic control and security, barricading, and trash removal and clean up assistance. Staff recommends approval of the request per the following conditions: (1) Receipt of a Hold Hannless Agreement and (2) Receipt of the Coast Guard approval one week before the event. Mr. Levinson stated the reason he removed this item from the Consent Agenda to the Regular Agenda is because he feels it is inappropriate for the organizations to utilize the media sponsors and have them benefit from Delray's success and then not use that money for the papers that they sell to improve the quality of reporting that we are getting in our City. Therefore, Mr. Levinson reiterated that he will not support this item unless there is a caveat that states they will not enter into an agreement with the print media. Mrs. Archer moved to approve the Special Event Request/2nd Annual All America Duck Derby subject to staffs recommendations, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - No; Ms. McCarthy - Yes. Said motion passed with a 4 to 1 vote, Commissioner Levinson dissenting. 9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/INTERST ATE 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) Mayor Perlman read into the record the procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items. Janet Whipple, Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. No ex parte communications were disclosed. Lula Butler, Director of Community Improvement, entered the project file into the record (#05-95957) and stated this item is 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 meeting of February 23, 2005. The agent requested the use of their corporate logos for Subway for their flat wall sign and the Board voted 6-0 to deny the request stating that the tenant should be able to comply with the blanket order of green channel letters; however, the Board did agree that the tenant could use their corporate font while still being in compliance with the sign package governing flat wall signs. The Board also -8- 05/1 7/05 acknowledged that Subway has conformed to other color criteria in different shopping centers. In this particular shopping center, the Board has allowed the use of corporate colors for out parcel buildings and also made an exception and allowed Lucille's Bad to the Bone BBQ to use the flat wall sign and allowed them to use their corporate colors. Mrs. Butler stated 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 (1) shall not significantly diminish the provision of public facilities, (2) that the sign shall not adversely affect the neighboring area, (3) shall not create an unsafe situation, and (4) 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. Staff recommends that the Commission uphold the decision by SPRAB regarding this particular sign. At this point, the applicant stepped forward. Jennifer Ronnebureer. 51 Meadows Drive. Bovnton Beach, representing the applicant, stated there are three options the owner of the subway would like to present and she gave a brief presentation with transparencies. She stated Option #1 is to have front lit channel letters because reverse lit channels are currently there now and it is difficult to see them from over 100 feet away. In addition, she stated Subway's corporate colors are white and yellow. Option #2 is reverse lit channel letters with Subway's colors and their logo (same type of letter and the light comes from the back of the sign). Option #3 is Subway's font and the color of the teal that is currently in the rest of the center. She stated the applicant is requesting to have channel letters and a pylon sign (not before the Commission this evening). She noted that the applicant would ideally like to have his green background with the white and yellow with the font. John Gorei. owner. stated he is asking for a little flexibility because of the situation. He stated it is a 14 foot storefront blocked by an awning. He requested some leniency on the pylon sign because this is what the customers see and the idea is to attract an impulse buyer. Jennifer Morten. Land Desien South. commented about one of the criteria which states "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." She stated it appears from the transparencies that there are other projects not only within the general area but also within this specific shopping center. She urged the Commission to support the applicant's request. At this point, Mayor Perlman declared the public hearing open. Alice Finst. 707 Place Tavant. Delrav Beach. stated she monitors the Board meetings of SPRAB and they look for opportunities to accommodate the owner and look for the overall opportunity to make the centers as great as they can. Mrs. Finst urged Commission to support SPRAB's decision. -9- 05/17/05 There being no one else from the public who wished to speak in favor or in opposition of the appeal, the public hearing was closed. Mrs. Butler emphasized that the item before the Commission this evening is the appeal of the flat wall sign and not the pylon sign. Ms. McCarthy asked if this franchise has the ability to use an awning in their storefront. Mrs. Butler stated the owner could use an awning; however, since it does not appear in the minutes, she believes it was not discussed at the Board's level. Mrs. Ellis stated if the Commission grants the waiver, what would they be approving. Mrs. Butler stated they are presenting the Commission with three options and they would agree to use the green standard color that is established for the shopping center; however, they would like to have the open channel letters because they stand out a little more and SPRAB would like them to have the reverse channel letters. Mayor Perlman asked if SPRAB has had the opportunity to review the three options presented this evening. Mrs. Ronneburger stated they were informed since it reached this level to bring it before the Commission. Mrs. Butler recommended that this go back to SPRAB for reconsideration. It was the consensus of the Commission to remand this item back to SPRAB for reconsideration and review of the three alternatives presented this evening. Prior to the vote, Mr. Levinson suggested that if there is going to be a subsequent request for a change in the pylon sign that SPRAB review this at the same time as well. Mrs. Ellis moved to remand back to the Site Plan Review and Appearance Board (SPRAB), seconded by Mrs. Archer. 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 with a 5 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. 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. 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. 28-05 is as follows: -10- 05/17/05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.20, "INDUSTRIAL (1) DISTRICT", SUBSECTION 4.4.20(B), "PRINCIP AL 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. (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 of Delray Beach, Florida. Jeff Costello, Assistant Director of Planning and Zoning, stated this is a privately initiated text amendment to the LDR's. The MIC (Mixed Industrial and Commercial) zone district allows (be reference) the same industrial and service industry uses as those that are allowed in Industrial zone district regulations. The proposed food preparation business and catering are currently allowed in other industrial-related zoning districts (PCC, LI, and CBD-RC) and are appropriate uses within the Service Industry category of the Industrial zone district. 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 and after discussing the amendment, the Board voted 7-0 to recommend approval of the proposed amendment. Mr. Dorling stated staff recommends approval and noted that there is additional information that has been provided. Mayor Perlman 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. Mr. Levinson moved to adopt Ordinance No. 28-05 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. -11- 05/17/05 lO.D. 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. 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. 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 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. (The official copy of Ordinance No. 27-05 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 ofthe City of Delray Beach, Florida. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 27-05, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 27-05 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. lO.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. 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. -12- 05/1 7/05 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 FNE YEARS OF CREDITED SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTNE DATE. (The official copy of Ordinance No. 30-05 is on file in the City Clerk's office.) The City Attorney read the caption ofthe 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. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 30-05, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 30-05 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. II.A. Citv Manal!er's response to prior public comments and inauiries. The City Manager had no response to prior public comments and mqumes. H.B. From the Public. U.B.l. Alice Finst. 707 Place Tavant. Delrav Beach. stated a few weeks ago she came before the Commission and suggested providing alternate positions for the Site Plan Review and Appearance Board (SPRAB) because at that time they did not have a complete Board and members had to step down. In addition, she stated people would not -13- 05/17/05 be put off 2-4 weeks if their item was postponed. Mrs. Finst stated she attended the Planning and Zoning Board meeting last night and it was a full Agenda with close to 100 people in attendance. She stated only three members of the Board were present; a fourth member was scheduled to attend but did not attend; three other members noted they were not attending leaving them with no Board that could vote. Mrs. Finst suggested that the Commission place on a Workshop meeting an item that provides alternates not only for SPRAB but for Planning and Zoning to prevent this from happening again. 11.B.2. Pearl "Bunnv" Markfield Elrod. 302 S.W. 1st Avenue. Delrav Beach. stated at the PROD Breakfast this morning people voiced concerns about what Mrs. Finst spoke about this evening. Mrs. Elrod echoed comments expressed by Mrs. Finst that some alternative action be made available so that if the members of the Board cannot appear, there is already an alternative to that situation. 11.B.3. John Bennett. 137 Seabreeze Avenue. Delrav Beach. stated the American Legion Post #65 & Post #188 will conduct Memorial Day commemorations in honor of veterans of all wars on Monday, May 30, 2005 at the Delray Beach Municipal Cemetery beginning at 9:30 a.m. He also announced that the VFW Post #4141 will hold its annual Memorial Day celebration at 11:00 a.m. at Veteran's Park followed by a wreathing at the Intracoastal. Mr. Bennett read into the record the following veterans who will be honored (a copy is attached hereto and made an official part of the minutes). 1l.B.4. Greta Britt, 867 Sunflower Avenue. Delrav Beach. stated the recognition of the schools is a great honor for Delray Beach and asked if the City of Delray Beach has made a decision on the mode of transportation for the children who live east ofI-95. At this point, the time being 7:10 p.m., the Commission moved back to Item 9.B. of the Regular Agenda. 9.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) Janet Whipple, Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson stated he has had conversations with Mr. Bradley Miller, Ms. McCarthy and Mayor Perlman stated they too had a conversation with Mr. Bradley Miller. Mrs. Ellis stated she had no ex parte communications to disclose. Mrs. Archer stated she has had several conversations with Mr. Miller but not today. -14- 05/17/05 Jeff Costello, Assistant Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-086 into the record. At its meeting of April 13, 2005, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan, landscape, and architectural elevations associated with the construction of a 109 unit townhouse development on the west side of Military Trail south of Atlantic Avenue to be known as Gramercy Square. The Board denied (by a 4 to 1 vote) an accompanying request for an internal adjustment to LDR Section 4.3.3(O)(3)(b) to reduce the required 25 foot side street building setback from the street system/access tract. Staff recommends approval of the appeal based upon the finding that the Site Plan Review and Appearance Board incorrectly considered the appropriate LDR sections and related Comprehensive Plan policies in their deliberations of the Class V site plan request for Gramercy Square. At this time, the applicant stepped forward. Bradley Miller, President of Miller Land Planning Consultants, Inc., 298 Pineapple Grove Way, Delray Beach, gave a brief overview and history of the project and stated when the property was annexed the applicant requested 12 units per acre; however, he agreed to keep the property at 8 units per acre (equates to 109 units) to keep it consistent with what these parcels are. Mr. Miller stated SPRAB supports his request. At this point, Mayor Perlman declared the public hearing open. There being no one who wished to speak in favor or in opposition of the appeal, the public hearing was closed. Mr. Levinson moved to approve the appeal based upon a finding that the Site Plan Review and Appearance Board incorrectly considered the appropriate LDR sections and related Comprehensive Plan policies in their deliberations of the Class V site plan request for Gramercy Square, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Y e~; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.C. WAIVER REQUEST/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) Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson stated he has had conversations with Mr. Bradley Miller, Ms. McCarthy and Mayor Perlman stated they too had a conversation with Mr. Bradley Miller. Mrs. Ellis stated she had no ex parte communications to disclose. Mrs. Archer stated she has had several conversations with Mr. Miller but not today. -15- 05/17/05 Mr. Costello stated positive findings can be made with regard to this waiver request to reduce the required pavement width from 24 feet to 20 feet. There is two feet of valley gutter on each side and the City Engineer and the Fire Marshall have previously supported these types of waivers for other developments. The reduction can be supported as long as the Homeowner's Association documents contain as prohibition on the parking of vehicles within the street access tracts (this is a condition of the Class V site plan approval). At its meeting of April 13, 2005, the Site Plan Review and Appearance Board (SPRAB) approved a Class V 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. At this point, the applicant stepped forward. Bradley Miller, President of Miller Land Planning Consultants, Inc. stated he is requesting a reduction in the width of the pavement from 24 feet to 20 feet of pavement. Mr. Miller stated in addition to that 20 feet there is a two foot valley curb which is a flat curb on both sides so essentially the paved area from outside to outside would be 24 feet (including the valley curb). At this point, Mayor Perlman declared the public hearing open. There being no one who wished to speak in favor or in opposition of the waiver, the public hearing was closed. Ms. McCarthy asked where the guest parking is located in this complex. Mr. Miller stated for each unit there is a single-car garage and the driveway itself is a two-car driveway. Therefore, Mr. Miller stated for each unit there are three places to park. In addition, parking is also available at both comers, in the recreational area and spaces by the mailbox kiosk. Mr. Miller stated the width of the driveway is enough for two cars plus the garage itself. Prior to the vote, Ms. McCarthy stated the reason for the LDR's is so that we have guidelines and they are not to prohibit good planning. She stated she likes the fact that the applicant has provided two bedroom as well as three bedroom units and the fact that the units will be connected through the pedestrian walkway is very comprehensive and a good idea even though she prefers exterior sidewalks. However, Ms. McCarthy stated she will take the interior sidewalks if we cannot get them on the exterior. Mrs. Ellis moved to approve the waiver request for waiver to LDR 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 LDR's, seconded by Ms. -16- 05/17/05 McCarthy. 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 with a 5 to 0 vote. 9.D. RECONSIDERATION OF CONDITION OF APPROVALIIN-LIEU PARKING/Ill EAST ATLANTIC AVENUE (TRAMONTI'S RESTAURANT): Reconsider a condition of approval for In-Lieu parking spaces granted to 111 East Atlantic Avenue (Tramonti's Restaurant). (Quasi-Judicial Hearing) Janet Whipple, Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson stated he had a conversation with Billy Himmerlich. Ms. McCarthy, Mayor Perlman, Mrs. Ellis, and Mrs. Archer had no ex parte communications to disclose. Scott Aronson, Parking Management Specialist, stated on June 3, 2003 a quasi judicial hearing was held regarding a request from Craig's Furniture (c/k/a Tramonti's Restaurant/Ill East Atlantic Avenue) 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, the applicant agreed to provide additional parking at another property. The proposed parking was in excess of the 300 feet maximum distance required for off-site parking lots. However, the City Commission accepted the offer and approved the in-lieu fee with the condition that a parking agreement is provided even though it would exceed the 300 foot requirement. Mr. Aronson stated on July 1, 2003, the in-lieu fees in the amount of $1 08,000 were paid and an agreement was submitted for properties that were adjacent to the old Milagro Center parking lot east of the railroad tracks on S.B. 2nd Street. Mr. Aronson stated on August 19,2003, these concerns were presented to the City Commission. After 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. Mr. Aronson stated as it stands now the contract was never a recorded document and the property has now been sold and has been approved for The Strand development. Staff recommendation is to release the condition of approval. The City Attorney stated this would be a motion to rescind not to reconsider. Mayor Perlman declared the public hearing open. There being no one who wished to speak in favor or in opposition of this item, the public hearing was closed. Mrs. Ellis asked if this is a good faith effort that they just simply waited us out on in order to get out of. Mr. Aronson stated the parking lot was intended to be for employee parking because the concern was that the number of employees for this type -17- 05/17/05 and size of restaurant would over tax the public parking area. Mr. Levinson stated he does not feel the applicant went back on their word but he believes the situation changed. Mrs. Archer moved to approve to rescind the condition of approval related to the off-site parking agreement, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy- Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. 9.E. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 9.F. YOUTH COUNCIL SCHOLARSHIP REQUIREMENTS: Consider approval of the proposed Youth Council Scholarship Requirements. Allison Mattocks, President of the Youth Council, stated this item is a request for City Commission approval of the proposed criteria for the award of scholarships to active members of the Delray Beach Youth Council. 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 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. Mayor Perlman commended the Delray Beach Youth Council for the cri teria. Lula Butler, Director of Community Improvement, stated three seniors qualify to apply for the scholarships this year. Mr. Levinson moved to approve the Delray Beach Youth Council Scholarship requirements, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.G. AGREEMENT/COLETTA AND COMPANY. INC.lCUL TURAL 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. The City Attorney stated this 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 Community Redevelopment Agency (CRA) shall provide payment to the City for one-half the cost of the cultural plan as well as one-half the cost of the travel expenses. Mr. Levinson moved to approve the Agreement with Coletta and Company, Inc. (CCI) for the development of a cultural plan for the City of Delray Beach, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. -18- 05/17/05 --- Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.B. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/CUL TURAL 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 $6,000.00. Mayor Perlman declared a conflict of interest and passed the gavel to Vice Mayor Levinson and stepped down from the dais. The City Attorney stated this agreement provides that the Community Redevelopment Agency (CRA) shall provide for half the funding to the City in the amount of $25,000.00 for the development of a Cultural Plan by Coletta and Company, Inc. (CCI). Ms. McCarthy moved to approve the Interlocal Agreement with the Community Redevelopment Agency (CRA) for funding of a Cultural Plan developed by Coletta and Company, Inc. (CCI) which the CRA will provide one-halfthe funding in the amount of $25,000 plus one-half the travel expenses not to exceed $6,000, 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. 9.1. 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. The caption of Resolution No. 31-05 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING AN EFFECTNE DATE, AND FOR OTHER PURPOSES. (The official copy of Resolution No. 31-05 is on file in the City Clerk's office.) Mayor Perlman declared a conflict of interest and passed the gavel to Vice Mayor Levinson and stepped down from the dais. -19- 05/17/05 The City Attorney stated Resolution No. 31-05 authorizes the CRA to use eminent domain if necessary and to purchase property. The CRA passed their resolution (Resolution No. 05-06) at their meeting of May 5,2005 and the property is located at 133 N.W. 5th Avenue. Prior to the vote, Ms. McCarthy stated with regard to this property it is an absentee owner and the address of record is out of Delray Beach. She stated it has been discussed about how some of the absentee owners are actually treating or not treating in taking care of their properties here. In addition, Ms. McCarthy stated it also appears that it is a corporation in-lieu of a single owner who may be having some difficulty or challenges and because of these facts she will vote to support this. Mrs. Archer moved to approve Resolution No. 31-05, 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. 9.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 Atlantic Community High School Campus Conversion. At this point, Mayor Perlman returned to the dais. The City Attorney stated there is a correction to Page 3, Section 2.02(B) Phase 2 Master Plan of the agreement deleting the words "on the northern portion of the Seacrest Athletic Site" so that it reads: "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." Mr. Levinson moved to approve 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 Atlantic Community High School Campus Conversion, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote. 9.K. TERMINATION OF INTERLOCAL AGREEMENT/CITY OF BOCA RATON/FIRE TRAINING FACILITY: Consider approval of tennination of the lnterlocal Agreement, dated August 24,2004, with the City of Boca Raton for the fire training facility. -20- 05/17/05 The City Attorney stated the City of Delray Beach entered into an agreement with the City of Boca Raton for the fire training facility sharing in some of the costs; however, the City of Delray Beach is purchasing other property for a fire training facility. Mr. Levinson stated he would like to ensure that the City of Boca Raton understands why we are doing this. The City Manager stated he has discussed this with the City Manager of Boca Raton. Ms. McCarthy moved to approve the tennination of the Interlocal Agreement dated August 24, 2004 with the City of Boca Raton for the fire training facility, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.L. OFFER OF JUDGMENT/PROPOSAL FOR SETTLEMENT IN CHARLES AND ELINOR MELL v. CITY OF DELRA Y BEACH AND FLORIDA EAST COAST RAILWAY: Consider approval of an Offer of JudgmentIProposal for Settlement in the total amount of$3,500.00 in Charles and Elinor Mell v. City of Delray Beach and Florida East Coast Railway. At this point, Mrs. Archer stepped away from the dais. Mr. Levinson moved to approve the Offer of JudgmentIProposal for Settlement in the amount of $3,500.00 in Charles and Elinor Mell v. City of Delray Beach and Florida East Coast Railway, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 9.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. At this point, Mrs. Archer returned to the dais. The City Attorney stated the Plaintiff s attorney has issued a Demand for Judgment to settle this case with the City for $50,000.00 and $5,000.00 for the loss of consortium claim. Ms. McCarthy moved to approve a Demand for Judgment in the total amount of $55,000.00 in Freedman v. City of Delray Beach, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. -21- 05/17/05 9.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). Commissioner McCarthy stated she would like to defer her appointment to the next regular meeting of June 7, 2005 because Federal Express did not pick up her package and it was consequently not delivered to her. She stated this is the third time this has happened with Federal Express when she has been out of town on conventions and therefore requests that her agenda packets no longer are sent via Federal Express and that staffuse one of the other competing entities. 9.0. 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). Commissioner McCarthy moved to appoint Melvin Sacharow as a regular member to the Police and Firefighters' Retirement System Board of Trustees for a two (2) year term ending April 22, 2007, seconded by Mr. Levinson. 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 with a 5 to 0 vote. 9.P. MALKEMES PROPERTY: Provide direction concerning a letter received regarding the acquisition of the Malkemes Property. The City Attorney stated the City purchased the Churchill property east of the Malkemes property. She stated staff has been working with Mr. Malkemes to connect the Bexley Park current site with the Churchill piece through various scenarios and at this point through his attorney he has rej ected those ideas and has presented another idea which would be a land swap of an acre of his property to the south that he would give to the City in exchange if the City gives Mr. Malkemes an acre of the Churchill property to provide his property on the northern part. In addition, the City Attorney stated there are other provisions in the letter regarding the building of roads, landscape buffers, etc. Also, the City Attorney stated there is no "Right of First Refusal" mentioned in the letter and noted she contacted their attorney asking that they reconsider the offer. However, the City Attorney stated this is the offer they are putting forth. It was the consensus of the Commission that the offer is not acceptable. The City Attorney stated the land swap is something the Malkemes want to do and suggested that the City obtain a "Right of First Refusal" for that piece so that the City can take it in when they possibly annex the land and that the City not pay for any road improvements. Brief discussion followed by the Commission regarding the swap of the land completely and the moving costs. -22- 05/1 7/05 Ms. McCarthy suggested that the Commission be very specific with what would come along with the swapping of parcel to parcel. The City Attorney suggested that a fixed allowance be set with regard to the moving costs. It was the consensus of the Commission to direct the City Attorney to discuss this with the Malkemes Attorney and bring back to the Commission at a later date. 2&:. 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. The City Manager stated this is a proposal from the Police Executive Research Forum (PERF) for reviewing the City's use-of-force policy. He stated the special council has reviewed it and is satisfied with it. Mr. Levinson stated he feels this is a good idea and stated PERF is an appropriate organization. The City Manager stated the individual that would be doing the study for the City of Delray Beach is probably the national expert on police use of force. Ms. McCarthy thanked Chief Schroeder for being so inclusive. Mayor Perlman stated he is very comfortable with the organization that has been chosen and looks forward to this. Mrs. Ellis inquired about the timeframe and asked when the City will be starting this. Chief Schroeder stated they will begin immediately. Ms. McCarthy moved to approve the Police Executive Research Forum (pERF) Proposal regarding the review of the use-of-force policies and training for the Police Department for the City of Delray Beach, 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 with a 5 to 0 vote. 12. FIRST READINGS: 12.A. DUE TO THE REQUEST OF THE APPLICANT THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. B.A. City Manae:er The City Manager had no comments or inquiries on non-agenda items. -23- 05/17/05 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 stated she saw on the news today that Jaime Correa, Urban Designer who worked on the guidelines for the downtown is now working with the City of Port Charlotte to rebuild their community. She stated he is a fantastic individual in planning and development. Secondly, she inquired if staff has a list of monthly declarations. The City Manager stated staff can work at compiling this information. 13.C.2. Mrs. Ellis Mrs. Ellis suggested that the City start enforcing the Sidewalk Café ordinance. She stated she could not get by to get to the stairway to go up to the gym. Mrs. Ellis stated she contacted Code Enforcement regarding this situation. The City Attorney stated July 1 st is the enforcement date. 13.C.3. Ms. McCarthv Ms. McCarthy suggested that the Commissioners issue citations because they go around the City quite a bit and stated this would be a way to put people on notice. Secondly, Ms. McCarthy stated she participates in the Area Agency on Aging and noted that there is an invitation out to residents to participate in a Senior Forum for Palm Beach County and the Treasure Coast. She stated this is a non-profit organization that serves the needs of elders and their caregivers and they invite all to share their thoughts regarding local senior issues on Thursday, May 26, 2005 from 2:00- 3 :30 p.m. at the main clubhouse social room at 7000 Atlantic A venue in Delray Beach. 13.C.4. Mr. Levinson Mr. Levinson stated he had the pleasure of reading last night to a first grade class at Trinity Lutheran for Pajama Day. He stated it was great fun and highly recommends the experience. Secondly, he congratulated Lula Butler, Director of Community Improvement, for graduating on Saturday from Leadership Florida. Mr. Levinson stated he is the incoming Statewide Program Chair for next year. -24- 05/17/05 Lula Butler, Director of Community Improvement, thanked the City Manager and the Commission for allowing her the time to participate. She stated it was a wonderful experience and a great opportunity. Mr. Levinson commented about the Pineapple Grove Main Street letter regarding the temporary signs in Pineapple Grove. He stated he was both pleased and disappointed at the same time regarding Joe Safford's letter about reimbursement for the hurricanes. Mr. Levinson asked if staff is sharing its concerns with the League of Cities and with the U.S. Congressmen. The City Manager stated staff is working on this. 13.e.5. Mavor Perlman Mayor Perlman stated he found out rather quickly that there was not a quorum at the Planning and Zoning Board meeting because his telephone rang a couple times right after the meeting. He stated he receives the quarterly attendance reports and for the most part the attendance is good. Mrs. Archer stated there were problems with the Parking Management Advisory Board but everything is okay now. However, she stated for the Planning and Zoning Board to not have a quorum is questionable and should never happen. He stated tomorrow is the groundbreaking ceremony for the Veteran's Park Fountain at 11 :00 a.m. Mrs. Archer stated she will be unable to attend because she is a speaker for a group tomorrow. Mayor Perlman stated the groundbreaking ceremony for the Catherine Strong Park will be held on Saturday at 10:00 a.m. and commended Pamé Williams and Jennifer Costello for their efforts to ensure community participation. He stated the Rainberry Woods Association is inquiring when their improvements will start and asked if staff can make it a point to call the Association and spread the word as to the timetable on this. Mayor Perlman suggested now that we are ending the school year that we celebrate some of the successes not only for Spady, Morakami, and Atlantic but also for Village Academy, Banyan Creek, and Orchard View, etc. Ms. McCarthy stated every school in the City has something to celebrate and feels this would a nice way of ending the school year. She suggested incorporating this celebration with something that is already in place (i.e. Summer Nights on the Avenue). He stated on 4th Avenue (the lot in back of Hand's) the parking issue is still being enforced. He suggested that the City may want to waive the 2-hour time for the lot for the time being and make some consideration for what is happening because some of the merchants and their customers are receiving parking tickets. -25- 05/17/05 -- - --------- -- -- Lastly, Mayor Perlman stated he was appointed as the elected representative to the Board of Directors for the Florida Redevelopment Association. There being no further business, Mayor Perlman declared the meeting adjourned at 8:26 p.m. 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 17, 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. -26- 05/17/05 FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS lAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE Perlman, Jeffre L. Delra Beach Cit Commission MAlUNG ADDRESS THE BOARD. COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON 971 Delra Lakes Drive WHICH I SERVE IS A UNIT OF: CITY COUNTY XJ CITY a COUNTY a OTHER LOCAL AGENCY NAME OF POlmCAL SUBDMSION: City of Delray Beach DATE ON WHICH VOTE OCCURRED 5/17/05 MY POSITION IS; M ELECTIVE a APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board. council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greaUy depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the fonn. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public offICe MUST ABSTAIN from voting on a measure which inures to his or her special private gain or Joss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or Joss, of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother. son. daughter, husband, wife, brother, sister, father-in-law. mother-in-law, son-in-law. and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the offICer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. . APPOINTED OFFICERS: Although you must abstain from voting in the situations described above. you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Will BE TAKEN: .. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 ITEM 9.H PAGE 1 APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other members of the agency. · The fann must be read publicly at the next meeting after the foon is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conftict in the measure before participating. · You must complete the toon and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the foon in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the foon is tiled. DISCLOSURE OF LOCAL OFFICER'S INTEREST I. Jeffrey L. Perlman . hereby disclose that on May 17 ,20~: (a) A measure came or will come before my agency which (check one) _ inured to my special private gain or loss; _ inured to the special gain or loss of my business associate, · , -X.. inured to the special gain or loss of my relative, Diana Colonna · · _ inured to the special gain or loss of .by whom I am retained; or _ inured to the special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Diane Colonna, my wife, is Director of the Community Redevelopment Agency (CRA). I have a conflict voting on items that directly affect the Community Redevelopment Agency. 5/17/05 Date Filed Sig NOTICE; UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SAlARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 112000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS lAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY, OR COMMIITEE Perlman, Jeffre L. Delra Beach Cit Commission MAlUNG ADDRESS THE BOARD. COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON Delra Lakes Drive WHICH . SERVE IS A UNIT OF: COUNTY XJ CITY a COUNTY a OTHER LOCAL AGENCY NAME OF POLmCAl SUBDIVISION: City of Delray Beach DATE ON WHICH VOTE OCCURRED MY POSITION IS: 5/17/05 II ELECTIVE a APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county. city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143. Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this fonn before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local offICer also is prohibjted from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F .S.. and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capaàty. For purposes of this law, a "relative" includes only the officer's father, mother, son. daughter, husband, wife, brother, sister, father-in-law. mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or canying on a business enterprise with the offICer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). . . . * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording the min- utes of the meeting, who should incorporate the fonn in the minutes. * * * * * . * * * * . * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Will BE TAKEN: * You must complete and file this form (before making any attempt to inftuence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the fonn in the minutes. (Continued on other side) CE FORM 8B - EFF. 112000 ITEM 9.1 PAGE 1 -- APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other members of the agency. · The form must be read publicly at the next meeting after the form is filed. . IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conflict in the measure before participating. · You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency. and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Jeffrey L. Perlman . hereby disclose that on May 17 .2002-: (a) A measure came or will come before my agency which (check one) _ Inured to my special pñvate gain or loss; _ inured to the special gain or loss of my business associate, , -.X. inured to the special gain or loss of my relative, Diana Colonna , _ inured to the special gain or loss of .by whom I am retained; or _ inured to the special gain or loss of ,which is the parent organization or subsidiary of a pñncipal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Diane Colonna, my wife, is Director of the Community Redevelopment Agency (CRA). I have a conflict voting on items that directly affect the Community Redevelopment Agency. 5/17/05 Date Filed NOTICE: UNDER PROVISIONS OF FlORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAl OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SAlARY. REPRIMAND. OR A CIVil PENAlTY NOT TO EXCEED $10.000. CE FORM 88 - EFF. 112000 PAGE 2 AMERICAN LEGION Milton Myers, Post 65 263 NE stb Ave Delray Beach, FL 33447 May 4, 2005 Dave Harden, Mayor, & Vice Mayor Commissioner and City Employees Po1ice and Fire Departments ChwmberofConuneœe City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 . . The American Legion Post 65,and Post 188 Would like for you to attend our Memorial Day Services on Monday May 30 2005 Starting at 9:30 am at the Delray Memorial Cemetery, conducted by The American Legion Post 65, then to the American Legion 6S Post Home Located at 263 NE Sth A venue for Spaghetti Dinner at Noon Thank You \\.~.-%3 · AMERICAN LEGION Milton Myers, Post 65 263 N E 5th AVENUE 290 S.E.6th Ave Delray Beach, FL 33447 MEMORIAL DA Y SERVICE The American Legion, Post 65 & Post 188 together will conduct a memorial service in honor of our veterans of all wars on Monday, May 302005. Ceremonies at the De1ray Memorial Cemetery, SE 10th Avenue, DeIray Beach will commence at 9:30 a.m. Participating in this event will be the Honor Guard, the American Legion Auxiliary, and the Delray Beach Boy Scouts of America. Spaghetti Dinner, "NOON" will be hosted by the members of the American Legion, Auxiliary, & S.A.L. 's, at their post home located at 263 NE 5th A venue, Dekay Beach. Everyone is welcome to attend. FREE TO ALL VETERANS, ALL OTHERS DONATION PLEASE MEMORIAL DA Y Delray Cemetery. .. Legion Post 65 conducting 8:00 am Scouts put flags on graves 8:30 am set up chairs and speakers 9:00 am Assembly at Delray Cemetery 9:30 am Commander Scott Schley opens Memorial Day Ceremony CHAPLAIN COMMANDER LAWRENCESTRAINGE American Legion Auxiliary Father Bernard Pecaro SERGEANT AT ARMS deposits flowers upon the monument CHAPLAIN: BENEDICTION FATHERBERNARDPECARO FIRING SQUAD: SALUTE THE DEAD TAPS MARVIN W. MIL TON LONEY MYERS HARRY FISH HARRY OLLER GEORGE H. REILEY HOWELL JONES BEN F. McINTOSH BRADLEY O'NEAL BENJAMIN F. JETTON SHELTON LAMB, JR. LOGAN McNEAL ALFRED F. PRIEST CHARLES L. VREELAND JOHN JUPINKO ARTHUR R. SPROTT, JR. \\.~~~ ~ WHEREAS, Jackie Areson is a junior at Atlantic High School and a member of the Girls Track team; and WHEREAS, on May 6, 2005, Jackie Areson won the Girls 800 Meter Run at the Class 3A State Track and Field Championships; and WHEREAS, Jackie Areson's time of 2:12.25 was the fastest time in the State of Florida in the 800 Meter; and WHEREAS, Jackie Areson also runs the 3200 meter in Track . and runs Cross Country. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend JACKIE ARESON on her outstanding achievements in track and for bringing honor and distinction to Atlantic High School and the City of Delray Beach through her efforts. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 7th day of June, 2005. JEFF PERLMAN MAYOR wA - ------ ~ WHEREAS, the Atlantic High School Girls Golf Team won the 2A State Championships on November 3, 2004; and WHEREAS, the Atlantic High School Girls Golf Team was led by Prank Dejsubbha; and WHEREAS, Prank Dejsubbha, a senior, shot a 65 in the State Tournament and was the low medalist; and WHEREAS, the members of the Atlantic High School Girls Golf Team: Prank Dejsubbha, Senior Taylor Johnson, Senior Ploi Dejsubbha, Freshman Jessica Crowell, Junior Kristy Brueggeman, Sophmore Alexandra Lopresto, Freshman are commended for their excellent performance. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend THE ATLANTIC HIGH SCHOOL GIRLS GOLF TEAM on their outstanding achievements in golf and for bringing honor and distinction to Atlantic High School and the City of Delray Beach through their efforts. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 7th day of June, 2005. JEFF PERLMAN MAYOR lo6 ÓÞ1 WHEREAS, nursing homes, home care, and other long-term care agencies have accepted the responsibility for providing quality care and a quality of life for the elder, frail, and disabled citizens in our community; and WHEREAS, the wellbeing and happiness of these citizens depend in large part on the nursing assistants, home care aides, and others who provide daily, conscientious, hands-on care in nursing homes and other long term care settings; and WHEREAS, these Career Nursing Assistants are instrumental in promoting and safeguarding the physical, mental, emotional, social, and spiritual well-being of the residents, clients, and their families; and WHEREAS, Career Nursing Assistants are trained professionals who collaborate closely with other health care providers to provide quality care and also to elevate the status of their chosen profession; and WHEREAS, along with the National Network of Career Nurse Assistants, Heritage Park Retirement Communities have declared the week of June 9-16, 2005 as Nursing Assistants' Week with the theme "Nursing Assistants: Caring is my Career" in celebration of the ways in which Career Nursing Assistants strive to provide safe, high quality patient care. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim June 9-16, 2005 as NURSING ASSISTANTS' WEEK in Delray Beach, Florida and urge our residents to show support and appreciation for the services performed by Career Nursing Assistants and join in celebrating their accomplishments and efforts to improve our health care system. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 7th day of June, 2005. JEFF PERLMAN MAYOR ~~ Page 1 of 1 Kucmerowski, Carolanne ~ From: Greg Goodman [ggoodman@heritageparkfla.com] Sent: Wednesday, June 01,20059:54 AM To: Kucmerowski, Carolanne Subject: FW: Nursing Assistants' Week 2005 Proclamation From: Greg Goodman [mailto:ggoodman@heritageparkfla.com] Sent: Wednesday, June 01, 2005 8:49 AM To: 'kucmerowski@ci.delray-beach.fI.us' Subject: Nursing Assistants' Week 2005 Proclamation Hello Carolanne, Thanks for your consideration and assistance. National Nursing Assistants' Week 2005 is being celebrated from June 9 - 16 with the sponsor being the National Network of Career Nurse Assistants. As we did with our licensed nurses, we are recognizing nursing assistants throughout the Heritage Park system for their hard work. Such a proclamation would be to the nursing assistants at Heritage Park Retirement Communities. This would be inclusive of our entire system that includes our independent and assisted living residences, rehabilitation facility and home health care agencies. Enclosed is a sample proclamation for it. Thanks again, Greg Goodman Senior Director of Marketing Heritage Park Retirement Communities 5861 Heritage Park Way Delray Beach, FL 33484 (561) 496-4440, ext. 194 *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** 6/1/2005 Mayor 05 ~'" ,. tie dB e. o¿ (City) ( State) 1eh.4: Nursing homes, home care and other long-term care agencies have accepted the responsibility for providing quality care and a quality oflife for the elder, :&ail and disabled citizens in our community, 11"": The wellbeing and happiness of these citizens depend in large part on the nursing assistants, home care aides, and others who provide daily, conscientious, hands-on care in nursing homes and other long tenn care settings, 7ØfttU: These Career Nursing Assistants are instrumental in promoting and safeguarding the physical, mental, emotional, social and spiritual well-being of the residents, clients, and their families, 1e""'tclct: Career Nursing Assistants are trained professionals who collaborate closely with other health care providers to provide quality care and also to elevate the status of their chosen profession, "*. 7~. 'I Mayor of the City of do hereby proclaim June 9-16, 2005 as Nursing Assistants' Week 2005 {{Nursing Assistants: Caring is my Career ©" I urge all citizens to join with me and others nationwide to celebrate the 27th annual observance ofNursmg Assistants Week and to express encouragement and appreciation for the service perfonned by these caregivers in the public good. In witness thereof I have hereunto set my hand and caused the seal of the City of to be affixed on this day of 2005 Mayor, City of Serving nursing assistants through advocacy, education, recognition, research and networking since 1977 The National Network of Career Nurse Assistants. is a non-profit, tax-exempt, educational organization and Founder and Sponsor of the annual observance of Nursing Assistants' Week and Career Nursing Assistants' Day. Please send copy of signed Proclamation to: NNCNA, 3577 Easton Road, Norton, Ohio 44203. ©2005 ~ WHEREAS, the Clean Beaches Council, as part of Great Outdoors Month, has designated the week beginning June 27, 2005 as National Clean Beaches Week; and WHEREAS, communities and government have undertaken significant measures to keep beaches clean and healthy; and WHEREAS, 180 million Americans make nearly 2 billion annual trips to the ocean, gulf, and inland beaches and contribute significant resources to the local, state, and national economy; and WHEREAS, 75% of all recreational activity occurs within a half mile corridor around the shorelines of our beaches, rivers, and lakes; and WHEREAS, coastal tourism and healthy seafood fuels robust economies - sustaining communities and supporting jobs along the coastal United States. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week beginning June 27, 2005 as NATIONAL CLEAN BEACHES WEEK in Delray Beach, Florida, and encourage all residents to visit, enjoy, and protect our greatest natural resource. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 7th day of June, 2005. JEFF PERLMAN MAYOR tJ¿\) ... . {/< May 13,2005 Þ?1 -. - -- - - ~ ,- - , " The Honorable Jeff Perlman Office of the Mayor 64A SE 5TH AVE MAY 2 3 ~,- DELRA Y BEACH, FLORIDA 33483_ Dear Mayor Perlman, Clean Beaches The Clean Beaches Council (CBC) is pleased to ask for your support in recognizing Council National Clean Beaches Week from June 27 to July 3,2005. Clean Beaches Council is a 501 (c) (3) not-for-profit organization headquartered in Washington, DC. The mission of the Council is to promote clean and healthy beaches through public awareness and voluntary programs. National Clean Beaches Week is part of a broader effort to recognize Great Outdoors Month during the month of June. Several federal, state, and local organizations and agencies have joined forces to promote celebration and enjoyment of the outdoors during this time (see attached). Beaches are a great way for the public to experience the wonders of the outdoors. Each year approximately 180 million Americans make 2 billion visits to ocean, gulf and inland beaches. Beach recreation and tourism are estimated to contribute over $640 billion annually to the U.S. economy (85 percent of all U.S. tourist revenues). Clearly, beaches are a vital part of our way of life. During National Clean Beaches Week, CBC will highlight four (4) major themes of importance to beachgoers: environment, travel, healthy seafood, and recreation. Delray Beach and its environs are invited to support these or other related themes during the week. CBC will actively promote your city's participation as part of our national media outreach campaign. Clean Beaches Council hopes to work with Delray Beach in applauding the importance of clean and healthy beaches in America. Enclosed is a sample proclamation that we hope will be of use to your office as well as last year's presidential proclamation celebrating Great Outdoors Month. If you have any questions, please contact my office by email at info@cleanbeaches.org by phone at 202.682.9507. Sincerely, 1225 New York Avenue Wµ+~ IAc~ttJ,L NW, Suite 450 '?!Z¡C;/IiÚvJ: Washington, DC 20005 Walter McLeod (202) 682-9507 voice (202) 682-9506 fax ~ .~.:--~ ---- ~. · Proposed Proclamation for National Clean Beaches Week Declaring the week beginning June 27, 2005 as 'Clean Beaches Week'. Whereas the Clean Beaches Council, as part of Great Outdoors Month has designated the week beginning June 27,2005 as National Clean Beaches Week; and Vvnereas communities and government have undertaken significant measures to keep beaches clean and healthy; and Whereas 180 million American make nearly 2 billion annual trips to the ocean, gulf, and inland beaches and contribute significant resources to the local, state and national economy; and Whereas 75% of all recreational activity occurs within a half mile corridor around the shorelines of our beaches, rivers, and lakes; and Whereas coastal tourism and healthy seafood fuels robust economies - sustaining communities and supporting jobs along the coastal U.S.; and NOW, therefore, I [insert name], do hereby acknowledge the week of June 27, 2005 as National Clean Beaches Week and encourage all [residents of the city] to visit, enjoy, and protect our greatest natural resource. · . GREAT OUTDOORS MONTH, 2004 ------- BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION More than 200 years ago, Captains Meriwether Lewis and William Clark embarked upon an expedition to explore uncharted lands and find passage across the Rocky Mountains to the Pacific Ocean. During the Captains' journey, their Corps of Discovery encountered remarkable landscapes, observed wildlife, and traded with American Indians. Two years into his experience, Captain Lewis was inspired by the beauty of a waterfall along the Missouri River that he called in his journal, "the grandest sight I ever beheld." Today, the splendor ofthe great outdoors continues to inspire our citizens, and a love of outdoor recreation remains a fundamental part of the American character. By observing Great Outdoors Month, we celebrate our commitment to appreciating and protecting our natural wealth. Outdoor recreation is an ideal way to exercise and enjoy memorable experiences with family and friends, and all across our country are scenic places that sports and nature enthusiasts can explore and help keep beautiful. During Great Outdoors Month and throughout the year, I encourage Americans to go camping, fishing, hunting, hiking, bird watching, boating, or to participate in other outdoor activities that are part of a healthy lifestyle. The true strength of our Nation lies in the hearts and souls of our citizens, and I urge all Americans not only to visit our parks and recreation areas, but also to volunteer their time and talents to help maintain the beauty of our environment. Good stewardship of the environment is not just a personal responsibility, it is a public value; and citizens who lend a hand to local parks and public lands are vital to the preservation of our Nation's many special places. Americans can take pride in the remarkable progress we continue to make in conserving our environment and natural resources. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue ofthe authority vested in me by the Constitution and laws of the United States, do hereby proclaim June 2004 as Great Outdoors Month. I call upon the people ofthe United States to observe this month with appropriate ceremonies and activities and to participate in safe and enjoyable outdoor recreation. IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of June, in the year of our Lord two thousand four, and of the Independence of the United States of America the two hundred and twenty-eighth. GEORGE W. BUSH - ------- ~ IIlIAY M:H @ DELFlAY BEACH Pa~k5 & 'RecreaiJb~ fl. I I . , , ~?-I 1993 2001 To: City Manager-David Harden From: Director of Out of School Pro~nya Smith Thru: Director of Parks and Recreatio oe Weldon Subject: After School Program Presentation Date: May 26, 2005 I would like to have the opportunity for our After School Program children to present to City Corrunission on Tuesday, June 7, 2005 winners ITom a contest we held on "You Are Not Alone" The selected winners are ITom Corrununity Center, Pompey Park, and Pine Grove Elementary School. The content of this presentation is for our children to thank, express their thoughts and feelings to oW" U.S. soldiers who are fighting in Iraq. Grades k-5 participated in the Essay, Coloring, and Drawing Contest. We have Parks & Recreation Department Out of School certificates I hope the Mayor would be willing to present to the children. I strongly believe that it's important to hear the voices of oW" children in the corrununity. Their thoughts count and they are the future. 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Date: May 26, 2005 AGENDA ITEM NUMBER:~-A: AGENDA REQUEST Request to be placed on: _Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda When: June 7, 2005 Description of Agenda Item (who, what, where, how much): Request approval for contest winners of. tlyou Are Not Alonetl to present their essays to City Commission, and for the Mayor to present our Department certificates to the winners. 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 for Agenda: @ I No Initials: 4- Hold Until: Agenda Coordinator Review: Received: ~ RESOLUTION NO. 33-05 A RESOLUTION OF THE CITI COMMISSION OF THE CITI OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING CAPTAIN LENNIS L. GIILARD FOR THIRTI YEARS OF DEDICATED SERVICE TO THE CI1Y OF DELRAY BEACH. WHEREAS, Captain Lennis L. Gillard was hired by the City of Delray Beach as a Police Officer on June 6, 1975; and WHEREAS, on June 6, 2005, Captain Lennis L. Gillard reached a milestone in his career, having effectively achieved thirty (30) years of continuous, full-time service with the Delray Beach Police Department; and WHEREAS, Captain Gillard's professionalism, warmth, kindness, and compassion are well known and recognized throughout the City of Delray Beach and these attributes serve as a reminder to us all to seek opportunities for service to our fellow man; and WHEREAS, the City of Delray Beach and the Delray Beach Police Department are honored to have Captain Lennis L. Gillard as a valued member of the municipal team over the past 30 years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Captain Lennis L. Gillard for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Captain Lennis L. Gillard for his many years of service. PASSED AND ADOPTED in regular session on this the 7th day of June 2005. MAYOR ATTEST: CITI CLERK 'lß o.~ CITY COMMISSION DOCUMENTATION M TO: ~ER THRU: NG, DIR TO F PLANNING AND ZONING FROM: NGUYEN ,SE NNER SUBJECT: MEETING OF JUNE 7, 2005 * * * CONSENT AGENDA * * * APPROVAL OF A FINAL SUBDIVISION PLAT FOR TERRACES AT DELRAY BEACH, A PROPOSED 8-LOT, FEE-SIMPLE TOWNHOUSE DEVELOPMENT, LOCATED AT THE NORTHWEST CORNER OF SE 7TH AVENUE AND SE 1ST STREET. I BACKGROUND I The subject property consists of Lots 21-24, Block 117 of the Town of Linton Plat (now Delray) and contains approximately 0.749 acre. Currently, the north half of the subject property (Lots 21 and 22) contains a two-story single-family residence with guest cottage and the south half of the subject property (Lots 23 and 24) contains a nine (9) unit apartment complex that was built in 1958. At their meeting of May 12, 2004, the Site Plan Review and Appearance Board (SPRAB) granted site plan approval for a three-story, 8-unit fee-simple townhouse-type development on the subject property. Additional background and a complete analysis of the request are found in the attached Planning and Zoning Board report. I PLAT DESCRIPTION I The proposed plat consists of an 8-lot, three-story townhouse type development to be constructed on lots that range from 24' to 67.63' wide by 63.71' to 128' deep. The townhouse units will range in size from 3,317 square feet to 3,642 square feet and include 4 bedrooms, two-car gara~es as well as individual swimming pool and outdoor patios. Lot 1 will take direct access from S.E. yt Avenue while Lots 2 through 8 will take direct access from the alleyway. A 5' wide dedication along S.E. yth Avenue as well as a 2' wide dedication along the alleyway have been provided for right-of-way and utility purposes. A 5' wide concrete sidewalk will be installed within the dedication area along S.E. 7th Avenue as well as within S.E. 1st Street right-of-way for pedestrian access. t PlÃNNING AND ZONING BOARD CONsfcERATION I The Planning and Zoning Board considered the proposed plat at their meeting of October 18, 2004. After reviewing the staff report, the Board voted 6 to 0 (Mark Krall absent) to approve the preliminary plat and to recommend to the City Commission approval of the final plat of Terraces at Delray Beach (fka Townhomes of Versilla). All technical items have been satisfactorily addressed. I RECOMMENDED ACTION I Move approval of the request for final plat approval for Terraces At Delray Beach, by adopting the findings of fact and law contained in the Planning and Zoning staff report of October 18, 2004, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. Attachments . Location Map, Reduced Survey and Reduced Plat . Planning and ZOning Board staff report of October 18, 2004 S \Planning & ZOnlng\BOARDS\CITY COMMISSION\Terraces at Delray Beach-Plat doc '6/\ - BL I II I II II 'Do ! I ! I ¡-il I II II J II NE 1ST ST I LOWRY STREET !::J ~- ~ ~ ._f-- .- -w ! 0 ~ œ: Lo.. « ~ I--~- > DELRA Y ~ ~ I-- - - - < VETERANS SUMMIT tñ <--<- - PARK CONDO < ~ - -- -::J:-- ATLANTIC, w ¡!:- -F _t-- :r: PLAZA; ~ ,¡-- -10- (0--1- -- ,.... -- .-- BARR r-- II : II ~II~~ I i -~[Q[[~ I TERRACE mT I CONDO ATLANTIC AVENU E ~[J]J an] [[O~) [[]]~li:lll~illlli, 'I ~ WA TERWA YEAST COMMERCIAL = --c-c-~_ _ CONDO [ 1---- - r --I--- - I--- _ LI - w w - I--- >- - 1""_'- > . <- _ -,-- - -~ I > BAR iE ~ -w . -' 0 ~ := -<I--- ==~ :! à":H I HARBOU R iE CONDO Ii ¡6U ~- ._J8I ( I SE _ ~ 1ST ~.---- ST MIRAMAR ST ~ _ r------ FIDEL! TY _ I I I ~, ! I lIill = FmE~ ' ~ ' -.' - Z, I" _ - I---::J: i I « ! -' I I !! I - I---t- ; t- œ: i It) to , LL l2 J- - - - - - - - u < i - - - - - - - ¿ i R ~ j - - - - - ... I i ¿ f- - - w - W !r---i - - - - u5 - u5 - - I II I I ,----i - - - - - - I -- '--- '-------' ~- I I INGRAHAM SE 2ND ST 1 Av~ I.t.. 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III ~ !! _ _-=-3~~L 24110__ __LAT ~ ~.!~ _ _ _ __ _11 I 'i-r----l- --r------r r- r 1 I ¡ i : I I I LOT 9 I LOT 10 I LOT 1 1 I LOT 12 I LOT 13 I LOT 14 : : ¡BLOCK 117 I I I I I I I Lp OF THE TOr OF UNTON, FLORIOA I ' I I I I I 'W""""''''' Ii: 111"1 ÐMCI1Y"lcf œIIXI3IiI\1V\d CRtO:mI\H:JI A¥b'131J JV 1:II:ßL\O-~1:00Y:)\L:M'\ \ JPWN nJ O-ççof-(lO 1-'" WJØnI'\N 101' .-oor: "]HI\/' 11:1" 'tOO'!: '.. 3HIV' 3J.YO ÞOœ 'K A"W !SIfI3I t<IIX 'R H38fOJoO$ 3QØI tooœ .... ~ !SIfI3I VDDI '8"8U 3SIo'I]Y çoœ TZ: "B3.:I 3SW\3Ø PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: October 18,2004 AGENDA ITEM: V.A. ITEM: Combined Preliminary/Final Plat for Town Homes of Versilla (fka Terraces at Delray Beach), an 8-Unit Townhouse Development, Located at the Northwest Corner of SE ih Avenue and SE 1st Street. I-- =iITr - I I T ~ I e- þ= ~'--- .---=~ _'s:- ST ~ VETERANS ~ ~ PARK -~ I-- ATLANnC GENERAL DATA: : =:~ _ PLAZA Owner I Agent I Applicant....... Joseph S. Grenadier" F T II "lID 1- I I Location.................................. Northwest Corner of SE 1 Street A T LAN TIC A V E N U E Property Size.......................... ~~7~ ~~~: Avenue II] ITIIJID illJI mID.. 1\1\\ I Future Land Use Map........... Medium Density Residential (MD) Current Zoning........................ Multiple Family Residential (RM) Adjacent Zoning.... ... North: Multiple Family Residential (RM) East: Multiple Family Residential (RM) South: Multiple Family Residential (RM) West: Central Business District (CBD) Existing Land Use................... Single-Family Residence with Guest Cottage and a Nine (9) _10(] -1-; Unit Apartment Complex = ---1 == : Proposed Land Use............... Combined Preliminary/Final Plat - IoJ:f-- - I ~ for an Eight (8) Unit Townhouse r--- I-- - - II ~ Development '--- S L ~ ST Water Service......................... Available via connections to an I~ <1== - L existing 12" water main located ~ - ~ within the SE 7th Avenue right-of- - ~- ~ t:= I way and an existing 6" water main - < - ~ == L .,.. located within the north-south Q:êg = o _ alley right-of-way. Ll"'1-- ... I - íÎ:;t Sewer Service........................ Available via service lateral ---.. .SE 3Ro-- -.a. :ï; connections to an existing 8" ~F ~ ~ == ~ ~ sanitary sewer main located ~; ~ ~~ == == ~ within the SE ih Avenue right-of- =;, 0 I~ ~ == ~ way = ¡¡¡~I~Z ~ - -~ ~f-- C ~ ITÏD ðD~ N = -~ :::U=~ I --= ~ V. A. I ITEM BEFORE THE BOARD I The item before the Board is that of approval of a combined preliminarylfinal plat for an 8-unit fee simple townhouse development known as Town Homes of Versilla (f.k.a. Terraces at Delray Beach). The subject property is located on the northwest corner of S.E. 1st Street and S.E. yth Avenue. This plat is being processed pursuant to LOR Section 2.4.5(J), Major Subdivisions. I 'BACKGROUND I The subject property consists of Lots 21 through 24, inclusive, Block 117, Town of Linton Plat (now Delray), and contains 0.749 acre. Currently, the north half of the subject property (Lots 21 and 22) contains a two-story single-family residence with guest cottage and the south half of the subject property (Lots 23 and 24) contains a nine (9) unit apartment complex that was built in 1958. The subject property is zoned RM (Multiple Family Residential) and is immediately adjacent to the Marina Historic District. The single-family residence and the apartment complex were analyzed for historic significance and both were deemed noncontributing to the district. At their meeting of May 12, 2004, the Site Plan Review and Appearance Board (SPRAB) granted site plan approval for a three-story, 8-unit fee-simple townhouse- type development on the subject property. The plat currently before the Board is required for townhouse type developments and was listed as a site plan condition of approval by SPRAB. I .. PROJECT/PLAT DES"CRIPTIO'N" ·0 I The proposed development consists of 8 dwelling units located on a 0.749 acre site, for an overall density of 10.68 units per acre. The development proposal is to demolish the existing apartment building and either demolition or relocation of the existing sinog¡e-family residence and guest cottage. The proposal includes the construction of an eight (8) unit, three-story townhouse structure with four-bedroom units and two-car garages. The units range in size from 3,317 square feet to 3,642 square feet and will have individual swimming pools and outdoor patios. The individual townhouse lots will range in size from 24 feet to 67.63 feet wide by 63.71 feet to 128 feet deep. In addition, 7 driveways will be installed along the alley and one along S.E. 7th Avenue which will provide access to the garages and will act as guest parking. Lot 1 will take direct access from S.E. yth Avenue while Lots 2 through 8 will take direct access from the alleyway. A 5' wide dedication along S.E. 7th Avenue as well as a 2' wide dedication along the alleyway have been provided for right-af-way and utility purposes. A 5' wide concrete sidewalk will be installed within the dedication P&Z Board Staff Report Town Homes of Versilla - Plat Page 2 area along S.E. 7th Avenue as well as within S.E. 1st Street right-of-way for pedestrian access. I: :". PLAT ANALYSIS I Pursuant to Section 3.1.1 of the land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the land Development Regulations. Section 3.1.1 (A) - Future land Use MaD: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future land Use Map. The subject property has a Future Land Use Map designation of Medium Density (MD), and is zoned Medium Density Residential (RM). Pursuant to LOR Section 4.4.6(B} (3), within the RM zoning district, multiple family structures with a maximum density of twelve (12) units per acre are allowed as a permitted use. As previously mentioned in the report, the proposed density is 10.68 units per acre; therefore, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (ID - Concurrency: Pursuant to Section 3.1.1 (8) Concurrency as defined pursuant to Objective 8-2 of the Future land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: ...... Water and Sewer: ~ Water service will be provided to Lots 1,3,4,5,6,7 and 8 via water meter service to an existing 12" water main located within S.E. 7th Avenue right-of-way. Water service for Lot 2 will be provided via water meter service to an existing 6" water main within the north-south alley right-of-way. ~ Sewer service will be provided to the site via service lateral connections to an existing 8" sanitary sewer main located within S.E. 7th Avenue. The addition of 8 multiple family units will have minimal impact on water and sewer demands as it relates to this level of service standard. The adopted Comprehensive Plan states that the City's Water Treatment Plant and South County Regional P&Z Board Staff Report Town Homes of Versilla - Plat Page 3 Wastewater Treatment Plant have adequate treatment capacity for the City at build- out based upon the current Future Land Use Map designations. Streets and Traffic: The applicant has submitted a traffic statement that indicates that the proposed eight (8) unit development will generate four (4) AM and PM peak hour trips, a reduction of two (2) and three (3) trips, respectively, over the existing uses. It is noted that as the property is located east of 1-95 and represent residential infill, it is exempted from complying with the Palm Beach County's Traffic Performance Standards Ordinance. Thus, positive findings with respect to this level of service standard can be made. Parks and Recreation Facilities: The proposed 8 residential units will not have a significant impact with respect to level of service standards for parks and recreation facilities. Pursuant to LDR 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 $4,000 will be required of this development for parks and recreation purposes. Solid Waste: The proposed eight (8) residential units will generate 4.16 tons of solid waste per year (8 units x 0.52 tons = 4.16 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021. Drainaae: Drainage will be accommodated on site via an exfiltration trench system with an outflow into the City's system within S.E. 1 st Street. There should be no impact on drainage as it relates to this level of service standard. Schools: The applicant has submitted the required letter of Concurrency Determination to the Palm Beac :¡.... County School District and the City has not received a letter of Concurrency Approval from the School District at the time this report was written. The final plat cannot proceed to City Commission for final action until an approved letter of Concurrency is received from the School District. Section 3.1.1 (g - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. - - - -- - P&Z Board Staff Report Town Homes of Versilla - Plat Page 4 Section 3.1.1 <ID - Compliance with the land Development ReQulations: · lDR Section 4.3.3(0)(2) (Plat Required): Each townhouse, or townhouse type, development shall be platted with a minimum designation of the interior street system as a tract. When the dwelling units are to be sold, each unit must be shown on the plat. The plat depicts each unit as a separate lot and additional right-of-way has been dedicated to approved standards. The submitted plat meets all other requirements. · lDR Section 6.1.3(B)(2)(Sidewalk Design Requirements): Pursuant to LOR Section 6.1.3(B)(2), 5' wide sidewalks must be constructed within the street right-of-way (or easement or tract) and must be constructed adjacent to the right-of-way (easement or tract) line. As previously mentioned, a 5' wide concrete sidewalk will be installed within the dedication area along S.E. ih Avenue as well as within S.E. 1st Street right-of-way for pedestrian access. · lDR Section 5.3.1 (Right-ot-Way Dedication): Pursuant to LOR Section 5.3.1 and the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for SE ih Avenue is 60' and only 40' of right-of-way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (OSMG), may grant reductions in right-of-way width. The City Engineer and OSMG have reviewed the request for a reduction in right-of- way width and have determined that a reduction in right-of-way width to 50' would be sufficient for this section of SE 7th Avenue. Based upon the above, a dedication .- of five feet (5') of right-of-way is required and has been dedicated on the proposed plat as Tract "A". Pursuant to LOR Section 5.3.1 (D) (2), the required width of an alley is 20' or the existing dominant width. Further, pursuant to LOR Section 5.3.1 (D) (3), additional right-of-way width may be required to promote public safety and welfare; to provide for storm water management; to provide adequate area for street trees; and to ensure adequate access, circulation and parking in high intensity use areas. Such a determination shall be advanced by a recommendation from the City Engineer. The authority for requiring such additional right-of-way shall rest with the body having the approval authority of the associated development application. P&Z Board Staff Report Town Homes of Versilla - Plat Page 5 The currently dedicated alley right-of-way is 16' with a paved width ranging between ten feet (10') and 16'. The development proposal will provide back-out parking spaces and garbage pick-up off the alley. The City Engineer and DSMG have determined that the width of the alley should be expanded to a width of 20', which is consistent with the widths that have been provided with recent redevelopment proposals. Therefore, a dedication of two feet (2') from the subject property is required from this development and has been depicted on the proposed plat as Tract "S". Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan were conducted with the Site Plan and all applicable objectives or policies along with a discussion on how they are addressed is attached as Appendix "C". I~~i; " ' . . ' . I ,. . .... ., TECHNICAL ITEMS .... " Technical comments from the Planning & Zoning Department, Environmental Services Department, and Fire Department, are attached as Appendix "S", and must be addressed prior to scheduling of the plat for City Commission consideration. I?!~~r' . , REVIEW BY OTHERS ' .' I ~. ...r~. '.. This project proposal is not within the geographical area requiring review by the Historic Preservation Board (HPS) or the Downtown Development Authority (DDA). This project proposal is within the geographical area requiring review by the Community Redevelopment Agency (CRA). The CRA considered the development proposal (Site Plan) at its meeting of March 25, 2004, and recommended approval; however, the CRA had concerns with regard to the excessive number of windows, the massing of the building and the lack of landscaping provided. The plans have since been revised to address a number of staff comments as well as the above comments of the CRA. The number and locations of windows have been altered. While the roof has been redesigned, the massing and height is still a concern. In addition, the landscaping needs to be further enhanced. Courtesy Notices: A courtesy notice has been sent to the following associations and civic organizations: ~ PROD - Progressive Residents of Delray ~ Presidents Council ~ The Marina Historic District ~ Seach Property Owner's Association P&Z Board Staff Report Town Homes of Versilla - Plat Page 6 Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. I~~;~:";,' ASSESSMENT AND CONCLUSION I The development proposal to construct 8 fee-simple townhouse units is consistent with the Zoning and Future Land Use Map designations for the subject property. Positive findings can be made with regard to Concurrency and Comprehensive Plan consistency, as well as LOR Section 3.2.3 (Standards for Plat Actions). The plat and engineering plans will require several technical modifications, as listed in "Appendix B" - Technical Items section of this report, before it can advance to the City Commission. t~M!'~' ALTERNATJVE ACTIONS I A. Continue with direction. B. Move a recommendation of approval to the City Commission of the request for a Final Plat approval for Town Homes of Versilla, 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(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Move a recommendation of denial to the City Commission of the request for a Final Plat approval for Town Homes of Versilla, based upon a failure to make positive findings of fact and law contained in the staff report, and failing to make positive findings that the request and approval is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. ,:' .;,!~." ,...:...,..,.-11" -. : .~ S·· T'P'A"FF' ':REC'O' "M' M' END ^'TION .' '" '. .,-' ·':I';·:·,.)~·~' -::::.=.-..,.: ,,. ~"ar:~..~.:"..... . . K . .. .. ......¡.:'''' . Move a recommendation of approval to the City Commission of the request for a Final Plat approval for Town Homes of Versilla, 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(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat P&Z Board Staff Report Town Homes ofVersilla - Plat Page 7 Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following conditions: 1. That all comments under the "Technical Items" section (Appendix "8") of the report be addressed prior to scheduling the plat for City Commission action. Attachment: · Appendix "An · Appendix "8" · Appendix "Cn · Location Map · Reduced Survey · Reduced Plat · Reduced Site Plan S:\Plannmg & Zoning\BOARDS\P&Z BOARD\Townhomes ofVersilla.doc .- P&Z Board Staff Report Town Homes of Versilla - Plat Page 8 .~..;.i1:'I.~. .. APPENDIX A ' " - :". STANDARDS FOR PLATACTIONS 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. Not applicable Meets intent of standard X Does not meet intent 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. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent 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. Not applicable X Meets intent of standard .-- Does not meet intent 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. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped 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. P&Z Board Staff Report Town Homes of Versilla - Plat Page 9 Not applicable Meets intent of standard X Does not meet intent 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. Not applicable Meets intent of standard X Does not meet intent 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. Not applicable Meets intent of standard X Does not meet intent 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. Not applicable Meets intent of standard X Does not meet intent .- 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. Not applicable X (The proposal involves only 8 units of an infilllot in the downtown area; therefore, this requirement is waived) Meets intent of standard Does not meet intent P&Z Board Staff Report Town Homes of Versilla - Plat Page 10 :.c~ 1.::1...-:. ... .. ·~·r;·~:~ A P PEN D I X - B . .... TE C H N I C ALe OM MEN T S The following comments must be addressed prior to scheduling the plat for City Commission: Planninq & Zoninq Deøartment Comments Technical: 1. The City has not received responses from utility companies (FP&L, Florida Public Utilities Co. & BellSouth) concerning the necessary easements. The Final Plat cannot proceed to City Commission until ALL responses have been received. 2. Preliminary cost estimates need to be submitted for all public improvements. 3. Provide a copy of the Homeowners Documentation and Recorded proof of the formation of the Town Homes of Versilla Homeowner's Association, Inc. 4. An 8 % .. x 11" reduced survey was submitted along with a 5 copies of a Topographic survey for Spanish River Land Company Plat A, A Part of Block 67 (property located in Boca Raton). Please submit 4 full-size surveys of the correct site for this development. (The 8 1/2 .. x 11" reduced survey is correct) 5. Since 8 new residential developments are being created, a School Concurrency Determination from the School District of Palm Beach County is required. A form should have been filled out along with the application fee and sent to the School District as part of the Site Plan Application. (Returned, please find the School Concurrency form submitted with the Plat Application) Please send this form to the School District along with the application fee as stated on the form !f one has not been already sent with the Site Plan. NOTE: The plat will not proceed to City Commission for final action if an approved letter of School Concurrency has not been received for the project. .-- Plat: 1. Please make sure the vicinity map (location map) being utilized on the plat is not copy righted. If so, provide a written letter of consent from the map publisher; otherwise, provide a replacement. 2. Since there will be a change in addresses, provide a signature area for the Fire Marshal under the City Approval Block. 3. Tie plat to a Section Corner. P&Z Board Staff Report Town Homes of Versilla - Plat Page 11 4. Bearings stated under Survey Notes (1) does not match the Bearing Basis as depicted for the north right-of-way line of S.E. 1st Street (with respect to degrees). Please correct the discrepancy. 5. Please show a monument or some sort of symbology to depict the change in direction point for the lot line separating Lots 1 & 2. 6. According to the civil drawings, an Overhead Electric line (O.E.) exists along the western edge of Lots 2-8 and encroaches onto several lots. A General Utility Easement will be needed along the entire western edge unless this line is to be removed or relocated. Please contact the appropriate utility provider(s) for easement width or course of action. 7. Please provide distances, together with either angles, bearings, or azimuths for the centerline of S.E. 7th Avenue per F.S. 177.091(22). 8. Please provide distances, together with either angles, bearings, or azimuths for the centerline of S.E. 1st Street per F.S. 177.091(22). 9. Additional Comments may follow after re-submittal. Environmental Services Department Comments Plat: 1. Provide digital copy of approved plat. 2. Provide drainage easements and dedications over proposed drainage. Technical Comments: 1. Minimum font size L-100 (1/10") for existing and proposed. 2. Use different line width between existing and proposed and limits of new paving etc. .--, 3. A RPZ backflow preventor will be required on irrigation line only and label RPZ on plans. 4. No trees allowed over exfiltration trench or drain pipes, provide copy of landscaping plans. 5. 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. 6. A plat will be required. No building permit will be issued until the plat is recorded. P&Z Board Staff Report Town Homes ofVersilla - Plat Page 12 7. Provide a detailed description of how each of these comments has been addressed with next submittal. 8. Additional comments may follow upon provision of requested information. ..... P&Z Board Staff Report Town Homes of Versilla - Plat Page 13 ~?::: <.:.~:.::..: 'A'PPENDIX - ë ".' .- " i ·,t '!._.~;r· : .~~... I" . . .':,,' COM PRE HEN S I V E P LAN POL I C I E S Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The subject property presently contains a nine (9) unit apartment building and a single-family residence with guest cottage - a total of ten (10) individual dwellings with a density of 13.52 units per acre. The development proposal will replace these existing dwellings with eight (8) fee-simple townhomes with a less intense density of 10.82 units per acre. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The Housing Element of the Comprehensive Plan calls for the provision of infill housing in and near the downtown area. This development proposal will help to fulfill this requirement. Future Land Use Element Policv C-4.2: The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-1-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including intill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. A specific redevelopment scenario for the subject property is not provided within the Downtown Delray Beach Master Plan as with some larger properties. However, the development proposal is consistent with the intentions of the Master Plan with regard to the provision of dwelling units within the "central core" or downtown. Therefore, a positive finding can be made with respect to the subject Comprehensive Plan Policy. Open Space...and Recreation Element Policv 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. The development proposal, which is located in the downtown area, contains a total of eight (8) units, each with their own swimming pool. Additionally, the subject property is located approximately two (2) blocks from Veterans Park and the City Marina. Based upon the above, the requirement to provide common recreational areas shOIJld be waived. Housina Element Policv 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 P&Z Board Staff Report Town Homes of Versilla - Plat Page 14 will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The subject property is located just outside of the commercial core of the City within a largely residential area surrounded by a mix of single and multiple-family residential uses. The development will not increase noise, odor or dust and the traffic volumes generated by this development should be less than that which is generated by the existing use of the property. The proposed development will be compatible with, and should enhance the value of properties located within the surrounding residential neighborhoods. Housina Element Obiective 8-2: Redevelopment and the development of new land shaff 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 Policv 8-2.2: 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. This project will not be excluded to occupancy by adults only; however each unit will contain four (4) bedrooms and a swimming pool. As the development contains only eight (8) units and is located within the downtown area, it is appropriate to waive the requirement to provide activity areas. Housina Element Policv 8-2.6: Housing in and near the downtown area, in close proximity to employment opportunities and services, is a critical need. In order to help stimulate demand for new housing in and around the Central Business District, the development of new rental housing projects outside of the TCEA and North Federal Highway area is discouraged. The development proposal complies with the intent of this policy as it provides the desired type of residential development near the downtown area. .- I I I I f If it , - f ~ 1 III 'il i :¡ ~ ~ ~ ~ B r - ~- . ¡:~ '-0 1 ! Ii § ~§ ~ .. , ;¡: I ~ E- o 0 ,- ... i I òš ~ 0 ~ H1 f r ;¡: "Ø'f , , E ~I iif s;> 5 (.. f ! !t If > -. ¡ J r n ~ f ! í[ i n : w¡:;E? ~ w o ~ ~ I:~ ~~ 2 2~ ~~ ~ ~c. l:.c. , . ~I!L= =11tfþ - ~ . \ '. Sl!- 71h A..... L--; I III [fit & U'I §'~i' ~ I1t ~i _ " ~-- 11 - r .[ 1+,..,....,-+ ~ t:t:=;::.õ z ~ w ~ - ~~~~ ìHUH II Ui ~n ¡: 9'1 ~"'Ir!? ~~~ ~ f<! i~ ..~ "'I tò¡¡.. "¡¡i -:1 ~~" p~~ ¡;~ U i !?f- at ~:'" ~p f- ~.o it 2. :J: ~ [ ~ P ¡. OJ ~1 ! 8it~i ¡¡~ 1 }J :3o~æ ::: !S" '& H'''~ ; :<11" p ª-~&~~ ~ ~ '< If n:l '<f <~ -< :~~ e"ŒJ!§@!IHI~O(zs ~ "'- -~ ~~-~- - - ~ ¡;; ~B¡~i~~~~~g I ~~Ro ~2jo ~ ~ ~~ ~~¡~..~ ;¡: ¡¡; I r .. ! '" B i eo I!! , ,I q II ... Ii ~ -i ~ 1! 111 ~..) II> c ~ < ~ . ~. I1t , -< .'-M~__ .._.... ---..---------------------------- ----------.--- ----------------- B -..a =-- SITE f'LAWi"RfE SURVEY PLAN REViSIONS D - - lERRACFS AT DELRAY BFAOI ~OSCAPe ..tit dIII\II8. 'LVI. ~ - IANœC.UI! AIICJflI!C1\JRI .....-J'l.œID..._ ~~ ""' LAND~ a LA.N:OSCAJ"E AJt:Clu~~.üRE J",",_-.n JOE GRl'.mQ1Í INSTIlUCTJON ...- IE' ... . . Ft.OIUDI> A. DiIVISJON 07 "DU' . -- ,- MEMORANDUM TO: MAYOR AND CIlY COMMISSIONERS FROM: CITY MANAGER t~1 SUBJECT: AGENDA ITEM # <2Sß - REGULAR MEETING OF JUNE 7, 2005 FINAL PLAT APPROVAL/VILLAS IN THE GROVE PLAT DATE: JUNE 3, 2005 This is before the Commission to approve the boundary plat for the Villas in the Grove, a minor subdivision. The property is a re-plat of Lots 5, 6, 7, 8, 13, 14, 15, and 16, in Block 83, and a portion of the sixteen (16) foot wide alley adjacent to the property; and the triangular parcel of land shown as Thompson Park, lying between Block 83 and the F.E.C. Railroad right-of-way. The property is located north ofN.E. 1st Street between N.E. 2nd Avenue and the F.E.C. Railroad. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final boundary plat for the Villas in the Grove. S:\Ctty Clerk\agenda memos\Final Plat Villas m Grove 060705 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 ~ DATE: May 20, 2005 SUBJECT: Villas in the Grove Plat Agenda Request The attached agenda request is for Commission approval of the Villas in the Grove Plat. This property is a replat of Lots 5, 6, 7 and 8 and 13, 14, 15 and 16, in Block 83, and the portion of the 16 foot wide alley adjacent thereto, and a portion of the triangular parcel of land shown as Thompson Park lying between Block 83 and the F.E.C. Railroad right-of-way, of map of the Town of Linton, Flonda, according to the plat thereof as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida, 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 north of NE 1 st Street between NE 2nd Avenue and the F.E.C. Railroad. Enclosed are a location map and a reduced copy of the plat. If this meets with your approval, please place it on the 07 Jun 2005 Commission Agenda for approval. 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I ~ ---- =~_=i !-~1 ---- ______-'-- :~ Q: lLJ o I' !-L I-- ~ ._______ __ _____. ____ _;_______': - ---- --- l- I ....UT- __u_~ :u:- --:: 'o¡~ :~ - =:-=~~ ,!? ~: Sê CITY of DELRA Y BEACH ASTOR-VILLAS IN THE GROVE DATE 85/23/2005 ~ ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP ASTlJHllA\UO\HOCiIi' ~ 434 SOUTH SWINTON AVENUE, DELRAY BEACH. R..ORlDA 33444 2005-200 1 OF 1 (/"". Date: Mav 20.2005 AGENDA ITEM NUMBER: ~ 0 AGENDA REQUEST Request to be placed on: -X- Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: 07 Jun 2005 Description of Agenda Item (who, what, where, how much): This request is for Commission approval of the Villas in the Grove Plat. This property is a replat of Lots 5, 6, 7 and 8 and 13, 14, 15 and 16, in Block 83, and the portion of the 16 foot wide alley adjacent thereto, and a portion of the triangular parcel of land shown as Thompson Park lymg between Block 83 and the F.E.C. Railroad right-of'way, of map of the Town of Linton, Flonda, according to the plat thereof as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida, 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 north of NE IBt Street between NE 2nd Avenue and the F.E.C. Railroad. Staff Recommendation: ADPr.oval G:47( ç:jja ;, -¿y. 0$ Department Head SIgnature. 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: ~j)l No Initials: cP1 Hold Until: Agenda Coordinator Review: Received: S \EngAdmlll \ T AC\ASTOR (VIllas III the Grove), villages III the grove, townhomes of creatlOns)\2005 June Oï agenda doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGE~ SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF JUNE 7, 2005 FINAL PLAT APPROVAL/THE STRAND DATE: JUNE 3, 2005 This is before the Commission to approve the boundary plat for The Strand, a minor subdivision. The property is a re-plat of the portion of Block 86 lying east of the Florida East Coast Railway Company's right-of-way, less the north 25 feet; together with all of Block 85 lying east of the Florida East Coast Railway Company's 100 foot right-of-way, less the north 250 feet and the south 25 feet. The property is located on the northwest and southwest comers of S.E. 3td 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 The Strand. S'\Ctty Clerk\agenda memos\FtnaI Plat The Strand 060705 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, P.E., Asst. City Engineer g7 DATE: May 27, 2005 SUBJECT: Agenda Request - The Strand Plat The attached Agenda Request is for Commission approval of The Strand Plat, a final boundary plat located on the northwest and southwest corners of SE 3rd Avenue and SE 1 st Street. The property is a replat of all that portion of Block 86, lying east of the Florida East Coast Railway Company's right-of-way, map of the Town of Linton (now Delray Beach) (PB 1, Pg 3, PBCR) less the north 25 feet thereof; together with all of Block 85 lying east of the Florida East Coast Railway Company's 100 foot right-of-way, less the north 250 feet and the south 25 feet, map of the Town of Linton (now Delray Beach) (PB 1, Pg 3, PBCR) in fractional Section 16, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. This plat was processed as a minor subdivision, therefore, it is forwarded directly to City Commission for final action (no other board review was necessary). Enclosed are a location map and a reduced copy of the plat. If this meets with your approval, please place it on the June 7, 2005 Commission Agenda. Thanks! .' enc cc Richard Hasko, Director of Environmental Services Randal Krejcarek, City Engineer Nguyen Tran, Senior Planner Carolanne Kucmerowski TAC FoiIe Agenda File, May 27,2005 ( . S:\EngAdmin\TAC\The Strand\2005 Jun 07 agenda memo. doc I II ~ I tjtjw ! ¡ :: ~I II ~~yt=] t N" 0 JôL-J -');!- - I~ ' 'j¡' l ~ 1ST ~--..--2I-- « >- I ~ ¡::: -I-~ ---- -- « I! - f------ _ 0::: Z so_ 'I ~i-- <t ô O~ f---- -- ð ' ~ 'I == = (J) f------- Z >-- Çè, I~ ~ ~_ ~ ü , _ __~ ~_ -- 1--- ul-------..; ~I r 0 r------- 0 Vi ~ .s '1 -- -- Zl----- I--- Z a. ~II( -_ « « ___ ~ _ r------- >- _ OL'I: Uj ^~ >- I--- _ u z u:¡ -'----I- I- I SCHOOL , ! a. : , w -: I I ' !' -_ ~l ' ' ,J SQUARE w~9Tl/I) " IZ~~ T ':!: ~rrn ' ~ z~ ~ '-L1 ~~ . ! I :.-lLJ '---.L- '- ATLANTIC AVENUE O LJI] D I ' 'f IŒJJ \ ' ] lL1J [JJ --..-.:..- '""TT I I I I _ I ' 1 ' . ,: I ¡! -, ; ¡ '1, I I I ! Ii, i '! I ¡ i I - - I. 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Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda When: 07 June 2005 Description of Agenda Item (who, what, where, how much): This Commission Agenda Request is for Commission approval of The Strand plat, a final boundary plat located on the northwest and southwest corners of SE 3rd A venue and SE 1st Street. This property is a replat of all that portion of Block 86, lying east of the Florida East Coast Railway Company's right-of-way, map of the Town of Linton (now Delray Beach) (PB 1, Pg 3, PBCR) less the north 25 feet thereof. together with all of Block 85 lying east of the Florida East Coast Railway Company's 100 foot right-of-way, less the north 250 feet and the south 25 feet, map of the Town of Linton (now Delray Beach) (PB 1 , Pg 3, PBCR) in fractional Section 16, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. Staff Recommendation: Approval ~ ~ 5,1- 't.V) Department Head Signature: ~ <- ?G City Attorney ReviewlRecommendation (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: r!iJ No Initials: f1ï/ Hold Until: Agenda Coordinator Review: Received: s: \ EngAdmin \ TAC \ The Strand \2005 Jun 07 agenda. doc ~ CITY C.oMMISSI.oN DOCUMENTATI.oN r 01\ zP1 T.o: DA~D . ~ANAGER THRU: PAU DORL G, DI T.oR .oF PLANNING AND Z.oNING FROM: NcØ~ Ä , R PLANNER SUBJECT: MEETING OF JUNE 7, 2005 *** C.oNSENT AGENDA *** ABAND.oNMENT .oF A 16' WIDE EAST-WEST RIGHT-OF-WAY DEDICATED BY RIGHT-OF-WAY DEED AS RECORDED IN .oFFICIAL RECORD B.o.oK 11366, PAGE 1254, LOCATED WITHIN A P.oRTI.oN OF L.oT 5, BLOCK 83 .oF THE T.oWN .oF LlNT.oN PLAT (PLAT B.o.oK 1, PAGE 3). t BACKGR.oUND I The request involves abandoning a portion of a 16' wide east-west right-of-way, lying within Block 83 of the Town of Linton Plat, located approximately 313 feet south of NE 2nd Street, between NE 2nd Avenue (Pineapple Grove Way) and NE 3rd Avenue. The subject alleyway portion was dedicated via O. R.B. 11366 Pg. 1254 in association with the "Creations at Oelray Beach" project. The site design for "Creations" necessitated the abandonment of the southern 320' of the existing alley, which provided a continuous connection south to N.E. 1st Street. The dedication of the curvilinear alleyway parcel was required in order to provide an alternative, continual, access route out to N.E. 2nd Avenue. Pineapple Grove Properties, LTD., the owner of Lot 5, submitted the abandonment request. Pineapple Grove Properties also owns Lots 6, 7, 8, 13, 14, 15, & 16 of Block 83. The abandonment area is to be aggregated with the remainder of the holdings and incorporated into a proposed project which will add two (2) mixed-use buildings to the former Creations Site. At its meeting of February 23, 2004, the Planning and Zoning Board recommended approval of the abandonment request based upon positive findings with respect to LOR Section 2.4.6(M)(5), Abandonment of public rights-of-ways. The site is being platted as Villas in the Grove (now known as Astor Condominiums) 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. Florida Power & Light, Adelphia Cable, BellSouth and Florida Public Utilities have reviewed the abandonment request and have no objection. In addition, a replacement ingress-egress easement has been dedicated on the plat providing continuous access south to NE 1st Street. Additional background and a complete analysis of the request are found in the attached Planning and Zoning Board report. t PLANNING AND Z.oNING B.oARD C.oNSIDERATION r At its meeting of February 23, 2004, the Planning and Zoning Board considered the request at a public hearing. Chairman Sowards opened the public hearing and no one from the public spoke. The Board voted 4-0 (Joseph Pike and Diane Borchardt absent) to recommend approval of the abandonment of the portion of the east-west alley within Block 83, Town of Linton Plat, based upon positive findings with respect to LOR Section 2.4.6(M)(5). ~ REC.oMMENDED ACTI.oN I By motion, approve the abandonment of a portion of a 16' wide east-west right-of-way dedicated by Official Record Book 11366, Page 1254, lying within a portion of Lot 5, Block 83 of the Town of Linton Plat, based upon positive findings with respect to LOR Section 2.4.6(M)(5). Attachments: · Location Map · Abandonment Resolution & Quit Claim Deed · Planning & Zoning Staff Report of February 23, 2004 S:\Planning & Zoning\BOARDS\CITY COMMISSION\Abandonment of Right of Way-Block 83 Villas in the Grove.doc ~t) --------------- -~- - -i CASON - U J . - -I - I >- >-- --1 METHODIST - 3: r-- 3: _ ~ CHURCH = I I r-- I _ _ f--_ - - - .-;i ;i - - - - ~ ~ ~-I ¡y ¡y - - - - « « «- 2:5 ~ - - -- - II '. 8: 8:- f-- -- - L- _ - f-- - r----- - f-- _ ~ _ I-- N W 3RD ST N E - ~ 3RD ST '-- n--L ¡- ",11111 lill' .-- . f------ - r ~~ r=m. - ~ - I-- ,=='-It:::J r ¡ f---- « ~ r----- - - .1--- > " 1=1 ~=rj - I- « W r----- - _ ! «I-- - f-- ::J -- - ,C 1--= - f-- -- - L II-- ~ ~ Z '1---- - CITY - -0 -0 f---.... -. - ATTORNEY - -WtIG. '. t¡:;- -~ -ß; !-- I-- -~ 0- - BUILDING --> ' ~-- - f--Zrrl-- -:::> :::>- I -- - I - « , -- - I - ¡ : ~ I§_- ~RTIN LUTHER KING JR DR N E 2ND I. '--S~ '- - -~([J o ~ -z >- -- 1]] - N ~ --~i------ / ==-o--ofJ]] > w -z--~l _ 0 « > - -:::> :::>,....,.... a::: 0 « - 0 00 <.:J .... Q:c - - =:! _ CD CD 'j , « - I I f-- ~ CL Q:c - f- r-- - z C/ TY ':t CREA nONS -:::> 0::0 f-- HALL -- w AT () _-0 I- - ~ DELRAY L.i (/) Z _ ~ CL BEACH k I I := -'- N W 1 ST ST I- NEW, 1 ST ST '-- Z ~I I _~ = I- f--w- ~ - - ~ .... ~ >- COMMUNI TY z 3: w w « _f-- « - CEN TER (/) Z Z f-- - I I_ f- _r-- e If)- tD- Q - - ~ - OLD O::J w -w_ o ,) SCHOOL fTillTl [ill, ry I (TTTlTlwmnç¡ z I' z_ : SQUARE llilw i 'WLLllLuJZLLlJlrO ' ,I [[ ATLANTIC AVENUE - ITIJJ 11 [[[J] illTIJJ I I' / UJIT] DJJID .000000w[ w -,...--- -W-r-~- >- > ~ _ w W ~-:;( « f---«- « « >1-- - > « _ - r-- - - « « f--- - ~ ~ r-- ~ ~ ""J ....- f--- - r-- N _ _w_ -w- ;:. w· __ ;: f--- '-'! vi (f) (f) (f) H,Tn<'(f) ~ [ --_= ( f-----i , ' - - - - ,I '-- S W 1ST ST. S.E 1ST ST N - -ABANDONMENT- CITY OF DELRAY BEACH. FL 16' WIDE RIGHT-OF-WAY DEDICATED BY 0 R B 11366, PAGE 1254 PLANNING & ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- ----- -~ RESOLUTION NO. 35-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 16' WIDE RIGHT-OF-WAY (ROW) DEDICATED BY RIGHT-OF-\VAY DEED AS RECORDED IN OFFICIAL RECORD BOOK 11366, PAGE 1254, LOCATED WITHIN A PORTION OF LOT 5, BLOCK 83 OF THE TOWN OF LINTON (PLAT BOOK 1, PAGE 3). WHEREAS, the City of Delray Beach, Flonda, recelVed an application for abandonment of a 16' wIde nght-of-way dedicated by right-of-way deed (ORB 11366, PG 1254), as mote particularly described herem; and WHEREAS, said application for abandonment of a public nght-of-way was processed pursuant to Section 2.4.6(1:1), "Abandonment of Rtghts-Of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4. 6 (M) (3) (e), the Planning and Zoning Board, as Local Planning Agency, formally revlewed the matter at a public hearing on February 23, 2004, and voted 4 to 0 to recommend approval of the abandonment, based upon positive findings W1th respect to LDR Section 2.4.6(M)(5); and WHEREAS, the City Commission of the City of Delray Beach, Flonda, finds that 1tS interest m the descnbed property 1S no longer needed for the public good and deems 1t to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon pOS1tive findmgs pursuant to LDR Section 2.4.60\1)(5). NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 Flonda Statutes, it is hereby determined by the Delray Beach C1ty Commission to vacate and abandon all nght and mterest it holds to the followmg real property for right-of-way purposes only, as more particularly descnbed as follows: See Exhibit "A" PASSED AND ADOPTED in regular session on this the _ day of ,2005. MAYOR ATTEST: City Clerk 2 Resolution No. 35-05 ~ _ ____aH_ EXHIBIT "A" TYPICAl. LEGfNO HD1F5 .,,;---- -.-- L...oIIIIC~ -.A.-..... .... ... ........ .,. ... --..... --.-..- ........~-- __ ..... ,.... ... AM _ ....__ P.c.........-- c............nra :~==-'~... GRAPHIC SCALE ~-:"'''- ~=:=.r.:=:... ~-- p.....~~~ . . II.. .. ....... ...._~ ~ _ ~ ~ I ==!a'='" :.~-=.-.cr - - øø. ... u..Jrr ... ... --. MIIL-_ ....-..... ( III PaT) ::ñ.~.., ::-_-~ 1 I.... .:ID ft. Y.aa ... .." _ oan........... Nfl ... ___ ... ... ..... u.-.....II'~, O-~..-, :.s.. ~:¡:...... ..0 tM... ...-...._ ......-. ..~... ~~.... p.a.c. LOT 12, H.W. CORNER lOT ~. BlOCK 6J LOT 4, BLOCK 83 BLOCK 8J -TOWN or UN TON- (P.B. 1. PC. 3. PSCR) 2~.OO· SOO"OO'2TE 2.22' IAI ::» zl ~t>- ~ ~ LOT 13. ~ BLOCK 83 o ,!. G Z ¡¡: N I LOT 5. ad BLOCK 8J "õ"!. . ç> Z ....F m'" 0-< ~~ -£ . .... .,,' LOT 6 BLOCK 8J ~ ~ LOT 14, · ...~ BLOCK 8J ~-< I I SHEET 1 OF 2 . CAULFIELD B. WHEELER, INC. DATE 2 6 04 CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING .....730IA W. PALMETTO PARK ROAD - SUITE toOA DRAWN BY BJF ..,. . BOCA RATON, FLORIDA 33433 PHONE (561)-392-1991 / FAX (561)-750-1452 F.B./ PG. N A TOWNHOMES Of CREATIONS - 16· RIGHT-OF-WAY SCALE 1'=30' ABANDONMENT - SKETCH OF DESCRIPTION JOB NO. 4511 ------------ --- 'NO'ïES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE ABSTRACTED BY FIRST AMERICAN TITLE INSURANCE COMPANY; COMMITMENT NUMBER 9018-323538; DATED JULY 28, 2003. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO ASSUMED DATUM. 4. THE "LAND DESCRIPTION" HEREON IS IN ACCORD WITH THE DESCRIPTION PROVIDED BY THE CLIENT. 5. UNDERGROUND FOUNDATIONS WERE NOT LOCATED. 6. FLOOD lONE: "X"; COMMUNITY PANEL NO. 125102 0004 D; DATE: JANUARY 5. 1989. 7. PROPERTY ADDRESS: 101 PINEAPPLE GROVE WAY, DELRA Y BEACH, FLORIDA 33444-3703. DESCRIPllON: THE LANDS IN THAT CERTAIN RIGHT-OF-WAY DEED TO THE CITY OF DELRAY BEACH AS RECORDED IN OFFICIAL RECORDS BOOK 11366, PAGE 1254, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOT 5. BLOCK 83, AND A PORTION OF THE 16 FOOT ALLEY RIGHT -OF -WAY LYING EAST OF AND ADJACENT TO LOT 5, BLOCK 83, "TOWN OF LINTON". ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1 AT PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 5, BLOCK 83, "TOWN OF LINTON", ACCORDING TO THE PLAT THEREOF. RECORDED IN PLAT BOOK 1 AT PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S 00' 00' 00" W ALONG THE WEST LINE OF SAID LOT 5 FOR A DISTANCE OF 28.85 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89' 59' 33" EAST FOR 82.85 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG A CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO THE SOUTH HAVING A RADIUS OF 44.40 FEET AND A CENTRAL ANGLE OF 19' 04' 53" FOR AN ARC DISTANCE OF 14.79 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY, NORTHEASTERLY AND NORTHERL Y ALONG A CIRCULAR CURVE TO THE LEFT AND CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 28.40 FEET AND A CENTRAL ANGLE OF 109' 05' 47" FOR AN ARC DISTANCE OF 54.08 FEET TO A POINT OF TANGENCY; THENCE N 00' 00' 27" E FOR 2.46 FEET TO THE NORTHEAST CORNER OF SAID LOT 5; THENCE S 89' 09' 00" E FOR 16.00 FEET; THENCE S 00' 00' 27" W ALONG THE WEST LINE OF LOT 13. OF SAID BLOCK 83 FOR A DISTANCE OF 2.22 FEET TO A POINT OF CURVATURE; THENCE SOUTHERL Y, SOUTHWESTERLY AND WESTERLY ALONG A CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 44.40 FEET AND A CENTRAL ANGLE OF 109' 05' 47" FOR AN ARC DISTANCE OF 84.54 FEET TO A POINT OF REVERSE CURVATURE; THENCE WESTERLY ALONG A CIRCULAR CURVE TO THE LEFT AND CONCAVE TO THE SOUTH HAVING A RADIUS OF 28.40 FEET AND A CENTRAL ANGLE OF 19' 04' 53" FOR AN ARC DISTANCE OF 9.46 FEET TO A POINT OF TANGENCY; THENCE N 89' 59' 33" W FOR 82.85 FEET TO POINT ON THE WEST LINE OF SAID LOT 5; THENCE N 00' 00' 00" ~ FOR 16.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH. PALM BEACH COUNTY, FLORIDA. CONTAINING 2,666 SQUARE"FEET / 0.0612 ACRES. MORE OR LESS. CERllFlCA TE: I HEREBY CERTIFY THAT THE ATTACHED BOUNDARY SURVEY OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION ON SEPTEMBER 2, 2003. I FURTHER CERTIFY THAT THIS BOUNDARY SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS SET fORTH IN CHAPTER 61G17-6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND "APP~RS. PURSUA~:6{O ~W;\TATUTES 472.027. ~~~-P.L'S~ RE. ND SURVt. OR #5302 SHEET 2 OF 2 ST A OF FLORIDA - LB #3591 . CAULFIELD ß WHEELER, INC. DATE 2/6/04 CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING DRAWN BY BJF W730lA W. PALMETTO PARK ROAO - SUITE IOOA BOCA RATON, FLORIDA 33433 F.B./ PG. N/A PHONE (561)-392-1991 I FAX (561)-750-1452 TOWNHOMES OF CREAllONS - 16' RIGHT-QF-WAY SCALE 1" =30' ABANDONMENT - SKETCH OF DESCRIPllON JOB NO. 4511 · : , PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: February 23,2004 AGENDA ITEM: IV. D. ITEM: Abandonment of a Portion of the Alleyway Lying in Block 83, Town of Delray, in Conjunction With the Villas in the Grove Development (Quasi-Judicial Hearing). 'l- - ~ '------- - '-- - GENERAL DATA: ~ ~ =- ~ Owner/Applicant......................... Pineapple Grove ~;;;;: ] Properties, L TO., N_~ JRD L- m '- Agent.......................................... Michael Weiner f-- I - L . 16' 82 85' .,. rt' f-- I '-- ocatlon...................................... x. curvllnear po Ion f-- I - of alleyway located within :== I ~ f-- I--- _ property at the Northeast ~ - ~ == r I é-- sl '" -",- - corner of N.E. 1 Street and - ----< 1 N.E. 2nd Avenue (Pineapple = .~ Grove Way). N E 2ND 5 .- Property Size.............................. 0.06 Acres ~ I ~ . ~ r-- ~ Future Land Use Map................ CC (Commercial Core) ~ ",_ ~ 1--- Current Zoning............................ CBD (Central Business 5 r J < District) '";'W7ONS 1fa:1/ Adjacent Zoning................North: CBD (Central Business ~ DE~~AY District) ~ BEACH I II East: CBD (Central Business I- N.t 1~ 7( ~ District) : I /1 J ~~ South: CBD (Central Business ~ ~I~~'~ II District) I/) r n West: CBD (Central Business OLD District) F SCHOOL fTTTTTl []]7/k InmTnw=; Existing Land Use...................... Improved alleyway SQUARE WillJ IWLllillJJ P dL dU Ab d t f rt· f ATLANTIC AVE. ropose an se.................... an onmen 0 a. po Ion 0 [ OJ]]] [[ill] ill 'I 1lIJ]"'" the alleyway for pnvate access. I~~~~r== Elj~ Water Service............................. N/A :=: < - g ~ S S· N/A U1 0 == ~ ewer ervlce............................. I- - ¡;¡ - __ '---- w := ~/ll (1== U1 - 5E. 1ST 'sr : ITIIill!1 == ~ T I ~ ~= ' :. - '--- IV. D. ~'?.¡,. .'t'.C"I';"":~~-~¡r;;' :~;¡;;-. :~[·-ç~.:,j.~;.r,~7'õ"'-·. l~ ~~. .~ .~ .:.. ._.. __.~.~ ._~_ ._.. __:'.h____ .~~ .IJ,=-~:. ~_:.~~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 north-southwest alley lying within Block 83 of the Town of Linton Plat. The subject parcel is located approximately 313 feet south of N.E. 2ND Street (Martin Luther King Jr. Drive), between N.E. 2nd Avenue (Pineapple Grove Way) and N.E. 3rd Avenue. This right-of-way (alleyway) abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. ~._ ~-'-:"-~·-oÑ"~""''i.:-~-··iSiò''"'''C''''''_~,¡¡;;,z; :. . - . . ..... - ..~. ... -. ·:t:1i.:1'~~·" :.'IIII...-1'.~ ."'~.-;.. 1'..: .-~.'!":.-."'-".~."W~ __ u ,.'_'__' :. .:"01. '_ : - .::: f_·~:""::.:!. :~t .:__~R.OO~I?. .:.-,... ~:.::}. _::___.::.~'-. _:-. .~_ .::'~-' :..:._:.~:~ The subject alleyway portion was dedicated via O.R.B. 11366 Pp. 1254 in association with the "Creations at Delray Beach" project. This project involved the conversion of a 23,000 square foot former Winn Dixie building to a 140 booth bazaar with centrally located cashier stations and coffee bar and construction of an 8,000 square foot office addition. The site design for "Creations" necessitated the abandonment of the southern 320' of the existing alley, which provided a continuous connection south to N.E. 1 st Street. The dedication of the curvilinear alleyway parcel was required in order to provide an alternative, continual, access route out to N.E. 2nd Avenue. ~,... :".~~t."lr.=l~~ -~lKTfi·,:.tð!¥·"""""""'''--·~~·· ¡;-T"ttIPr·-¡~ f'~~:-:..¡~..!((~~~ ,_~"".... -., ?". :~-:., 'l'~l'tsANUvn I:npDESCRIP:lluN. ... .-~..:' ....:_........?,.:.~-:......,.. _ _~_._ _._ . . .__ ....:. '-___... _ __. _... .-'__. _____...... ____ u . _. _.. n ._ __u.. .__.'-.~___.... _._... _ ........___:...., . . The subject alleyway is 16' x 176.85' rectangular/curvilinear shaped parcel, containing approximately 2,501 sq-ft. (0.06 acres). The subject parcel was dedicated by special instrument as an alternative route to replace the alley, which previously extended to N.E. 1st Street. The northern portion of the alleyway, which extends northward from this parcel the length of the block to N.E. 2nd Street (Martin Luther King Jr. Drive), still exists as an alleyway that provides access to the adjacent parcels along N.E. 2nd Avenue. Pineapple Grove Properties, L TO., the owner of Lot 5, submitted the abandonment request. Pineapple Grove Properties also owns Lots 6, 7, 8, 13, 14, 15, & 16 of Block 83. The abandonment area is to be aggregated with the remainder of the holdings and incorporated into a proposed project which will add two (2) mixed-use buildings to the former Creations Site. This new development proposal is before you as a separate agenda item. Pursuant to LDR Section 2.4.6(0)(1), public right-ot-way may be abandoned (returned) to the adjacent property to the same degree in which it was originally obtained, i.e. property dedicated exclusively trom 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. Planning and Zoning Board ~Ldff Report Alleyway Abandonment, Block 83, Town of Linton Plat Page 2 Accordingly, the Owner/Applicant is entitled to the entire abandonment area. Currently the subject portion of the alleyway is improved with paving that acts as the service drive between rows of parking. The property extends to a curb cut in N.E. 2nd Street (Pineapple Grove Way) providing continuous access from the alley. Utilitv Services The Environmental Services Department has identified no water & sewer lines located within the subject area. Environmental Services has no objection to the abandonment. Florida Power & Light and Aldelphia Cable have also reviewed the requested abandonment, and have no objections. BellSouth has also reviewed the requested abandonment, and have no objections. The City's Fire Department has reviewed the request and has no objection to the abandonment. The Florida Public Utilities Company has also reviewed the requested abandonment, and has no objection. .---.--- ·-f~~~·~~""'mBTÑ:;~~'·~" '~~f. ";)'.¡!I'.- :'! '. ~.. :!f No NGS "'~'J -,,'; ii@ .:. ..;;.~: '..- ....i~1 .:;." . ..... .. _"..:..... _ .~. . :.:.:......:.- ..i .01......-_... 1Ir".._. ._...:.. ....___._... ." __... .. "..- .-:._:.:._ ".¥ ..::.:.::. .. -"!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. The City has no plans to utilize this section of the alleyway for any public purpose. However, a replacement ingress/egress easement is being dedicated south to N.E. 1s Street to maintain through access for all traffic currently using the alley. This has been attached as a condition of approval. B) That the abandonment does not, nor will not, prevent access to a lot of record; nor will this abandonment result in detriment to the provision of access and/or utility services to adjacent properties or the general area. With the provision of alternate ingress/egress easement no reduction in access will be experienced. No utilities are located within the subject area. Planning and Zoning Board :::><dff Report Alleyway Abandonment, Block 83, Town of Linton Plat Page 3 The development proposal is within the geographical area requiring review by the CRA (Community Redevelopment Agency). The CRA considered the proposed abandonment at its February 10th meeting, and recommended approval. The development proposal is within a geographical area requiring review by the DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Courtesy Notices: Courtesy notices have been provided to the following: o Del-Ida Homeowners Association o Delray Beach Chamber of Commerce o President's Council o Progressive Residents of Delray (P.R.O.D.) 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. ~~-1!I!MI_-'Y~~~~i"-:~J . ; _ ',. ~ ': p.." '!'I ...., . ~~ . _ O!O¡~ .1 _ ~':" .. .' ,',' " .... ... =,..... : 'v.' -..--....-.. . . .. ..---....... . _.. ........- -....:..-... .-...,¡;¡,,--.-.. --_. -- .. ..--.. .. ....---..-...- -.-.. ... - --.. .. -...... .. As the subject area is the southern end of the existing alley, lots to the north will not be affected by this action. The proposed abandonment will facilitate the upgrading of the Villas by the Grove site through an overall development plan. This will have a positive effect on the surrounding area, and allow them to incorporate the property into the new development proposal. Alternate access therefore to N.E. 15 Street via an ingress/egress easement must be provided as part of this request. I't_~.,.-; ..'Z ::-_ . .. jI III.. . .. I .. .- ... -.. II. ... !ii.-- .. ....- I "."'... .. ..... __ ..... .. .. .~ .... .. .. "-, .r.~. '" J'"." ...=1-" .. .. ...... .. .... ........ ...._._ ....~ II ___..._ .... .~.... ......... ... .~..._...._..__..._. .__..... ......... .. 1. Continue with direction. 2. Recommend to the City Commission approval of the abandonment subject to positive findings with respect to LOR 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 LOR Section 2.4.6(0)(5). ------ Planning and Zoning Board ~œff Report Alleyway Abandonment, Block 83, Town of Linton Plat Page 4 ..~ .......":~ . . C' iãtf~~",··A;I<~1t! -~ ....... - ... " . . ]&\ ·TI :;;. - ,.-'-. ...= ......~- _ __._____ n._. ____. . ... _:_..:....:.~_._.....&..._-_:..__-:.....:...-.::--._- . . ::- ...--......--..-- .....:: .._-.:.._:.~-_:;.:..": .. .::..: ".::.:.=. . .."...... . By motion, recommend to the City Commission approval of the abandonment of the portion of the north-southwest alley within Block 83, Town of Linton Plat, based upon positive findings with respect to LOR Section 2.4.6{O){5), subject to the following condition: 1. That a replacement 16' wide public ingress-egress easement is to be dedicated either by plat or by special instrument (deed) concurrent with the approval of the abandonment request. Attachments: . Location Map . Reduced Survey File:BoardsIPLZN/AbandonmentPortionofAlleywayBlock83.doc o~ I CITY COMMISSION DOCUMENTATION r TO: DAVItp7~EEAGER THRU: PAUL W~EC OF PLANNING & ZONING FROM: NGUY N, 10 LANNER SUBJECT: MEETING OF JUNE 7, 2005 *** CONSENT AGENDA *** ABANDONMENT OF A 16-FOOT WIDE UTILITY EASEMENT RETAINED WITH RESOLUTION 26-99 IN ASSOCIATION WITH THE CREATIONS DEVELOPMENT (NOW KNOWN AS ASTOR CONDOMINIUM DEVELOPMENT), LOCATED AT THE NORTHEAST CORNER OF PINEAPPLE GROVE WAY (NE 2ND AVENUE) AND NE 1ST STREET. I BACKGROUND t The request involves abandoning a north-south, 16-foot wide utility easement retained with abandonment Resolution 26-99. The subject area is located at the northeast corner of Pineapple Grove Way and NE 1st Street (aka Creations of Delray Beach). Creations of Delray Beach Development received Site Plan approval on June 21, 2000. The subject property consisted of Lots 1-8, Lots 13-16 and a portion of the 16' wide north- south alleyway within Block 83, Town of Linton Plat. As part of the Creations development, a portion of the 16' wide north-south alley right-of-way adjacent to Lots 1-8 and Lots 13-16 was abandoned, a new 16' east-west alley right-of-way was rededicated and a utility easement was retained over the entire abandonment area to cover an existing 8" sewer main. The site is being platted as Villas in the Grove (now known as Astor Condominiums) concurrent with this abandonment of easement request. Pursuant to LOR Section 2.4.6 (N) (5) the following finding must be made prior the City Commission granting an abandonment of a public easement: The abandonment will not result in the detriment for the provision of utility services to the adjacent properties or the general area as a replacement easement is provided. 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. In addition, a composite utility plan showing existing and proposed utilities was submitted and signed off by a representative of each utility company (FP&L, Adelphia Cable, BellSouth and Florida Public Utilities Company). I RECOMMENDED ACTION I By motion, approve the abandonment of a 16-foot wide utility easement retained with abandonment Resolution 26-99 as recorded in Official Records Book 17701, Page 859, 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 2.4.6(N)(5) (Required Findings for the Abandonment of Public Easements) of the Land Development Regulations. Attachments: . Location Map . Abandonment Resolution S \Plannlng & Zomng\BOARDSlCITY COMMISSIONlAbandonment of Easement-Block 83 Villas In the Grove doc 8't: CASON , I - - - - - METHODIST ,.; ~ - - - - - CHURCH 3: - - - - - I---- :I: - :I: - - -- == == = == == I ~ ~== _ ~ ~ = I I· ffi ffi~ w w- 0 0 ~ ~ > >__ ~ I:' 1:''-- <i <i <i <i _ I--- _ I. f-- __ - II h N W 3RD ST N.E 3RD ST Lk N E. 3RD '---s-r:- Lilli:. i I' LllllJ ,....::.;.;... ~ i ::::n3E~ = m ~- <i W - - - ~::L::;« 3lI! «- -- -II .~~- -- =>-- -- - f---~;-- -- - z -, II-J_ - - '----- CITY W 0 ~ 01--- t==..¡- - iE iE ATTORNEY I~ !-¡ ~ ~ = ,-- - '" <0- > . == i - f--- BUILDING «' ~ ! --, = u.i u.i- I ==111 ¡- I' . 1 ! i Z Zf-- o"AR"N LumER "NG ~ DR. N E ~ ~r sr ~ - >- Z t- t- <i W N ~ ~ 3:;i - 0 ~~ ~ CJ W -z Z o « >1-- -:::> :::>î[E] ¡s cr <il-- _0 ~~ 0 ' w=='I---- _ CD I--- CD _ . ~: - F F ~ CITY ~ - :::>-=¡,ITa:::- HALL 'g ~ - -~ =jfT; ~- _ __ t1- u.. II! -- - .JI 1iJ I!II -- r- -'-: N W 1ST ST N.E. ,/ 1ST - --J ST '--- Z 4' IT ~ ~ o ~~; ~ ~ - ------,! ..¡- 1- I...... I- I ~ I ...-- COMMUNITY 3: w w 0_- 0- CENTER Z Z Z Z 1 z -z_ ~ ( >= ->=== 3: cì :I:- _:I:_ ~ J .- - . '" OLD U UI _Ul- TENNIS SCHOOL => - =>- STADIUM ITT1l SQUARE [[OJ DO u [ill[JJ~~ ; 1 \!!trr ATLANTIC AVENUE - ~ITIIJ~ í ; ITITIIJ~OJI[]~ II LP~llliill~[[[[)~[[ , i <i <i ==~< . ~ _<i ~ -<Cr-- <C==-- - -- w ~_ -- f--- - 0 t- - > J~~ i'=_---j -- - Z (/) _ t;ï__<i "') ..¡- N ~ 1-- _ -F :I: - ~ 0- If) _1Of- f--- Z 3: 3: I---- N lu w -- I--- ~=flll~ ~ I J I C/) (/) f-- (/) (/) w - wI--- f---- vi- - viI--- '--- - "-- --" '-- ~ 1ST ST SE 1ST ST II 1111' I I I ! I I I I II c:J c:=J r BUD'S r N - - ABANDONMENT - CITY OF DELRAY BEACH. FL (16' Wide Utility Easement retained with Resolution 26-99, Block 83, Town of Delray) PLANNING ok ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF UA323 RESOLUTION NO. 36-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A A 16-FOOT WIDE UTILITY EASEMENT RETAINED WITH RESOLUTION 26-99, AS RECORDED IN ORB 17701, PAGE 859, AS MORE P ARTICULARL Y DESCRIBED IN EXHIBIT "A". WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a 16 foot wide utility easement retained with City Resolution 26-99, as recorded in Official Records Book 17701, Page 859, Pubhc Records of Palm Beach County, Florida, as more particularly described m Exlubit "A"; said easement being located witlun a portion of Block 83, Plat of the Town of L111ton (Now Delray); WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(N), "Abandonment of Pubhc Easements", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(N)(3)(c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive fmdmgs; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(N)(5), finds that the abandonment will not result in detrlffient for the provision of utility services to adjacent properties or the general area, that its interest in the described property is no longer needed for the public good and deems it to be m the best interest of the City of Delray Beach to vacate and abandon said easement, as more particularly described in Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing reCltals are hereby incorporated herem by this reference. Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determmed to vacate and abandon all right and interest 1t holds to the followmg real property, more particularly described as follows: See Exhibit "A" PASSED AND ADOPTED in regular session on this the _ day of ,2005. MAYOR ATTEST: City Clerk ------- Exhibit" A" Easement Description 16' Utility Easement to be Abandoned The west half (8') of the abandoned 16' alleyway lying adjacent to Lot 5, 6, 7 and 8 of Block 83, 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; Together with: The east half (8') of the abandoned 16' alleyway lying adjacent to Lot 13, 14, 15 and 16 of Block 83, 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. Containing 4,899 square feet, more or less. 2 Resolution No. 36-05 I ~ CITY COMMISSION DOCUMENT A TION ( TO: ~grAGER THRU: RL ~, f"R OF PLANNING AND ZONING FROM: NGU ~, SÈNIOR PLANNER SUBJECT: MEETING OF JUNE 7, 2005 *** CONSENT AGENDA *** ABANDONMENT OF A SANITARY SEWER EASEMENT DEDICATED BY DEED AS RECORDED IN OFFICIAL RECORDS BOOK 7137, PAGE 125 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LOCATED WITHIN LOTS 77-82 AND A PORTION OF TRACT "A", PLAT OF ESTUARY. I BACKGROUND I The request Involves abandoning a sanitary sewer easement granted to the City of Delray Beach by the property owner at the time, Barbara Yake, and the easement is located approximately 850' east of U.S. 1, north of Denery Lane, south of Allen Avenue, and immediately adjacent the Intracoastal Waterway. The easement deed was recorded on February 27, 1992 in ORB. 7137, Page 125 of the public records of Palm Beach County, Florida to cover an aCÌlve sewer main. The property has an extensive land use history and the following is the most recent land use action regarding the subject property. At its meeting of September 7, 1999, the City Commission approved a combined preliminary/final plat for the Estuary, an 82-lot townhouse development on the subject property. The approved Water and Sewer plans showed removal of the sanitary sewer main across Lots 77-82 and the Installation of new facilities installed within the dedicated right-of-way named Estuary Trail. New sewer mains have been installed within Estuary Trail and an abandonment request has been submitted by Sunbelt Title Agency on behalf of Mr. & Mrs. Louis Marchese, owners of Lot 81 of the Estuary development. At property closing, it was discovered that this sanitary sewer easement was never formally abandoned through the City's Abandonment of Easement process and remains an encumbrance on the prevIous Lots mentioned above. We have included the abandonment of the balance of the easement over Lots 77-80 and Lot 82 at this time. Pursuant to LDR Section 2.4.6 (N) (5) the following finding must be made prior the City Commission granting an abandonment: The abandonment will not result in the detriment for the provision of utility services to the adjacent properties or the general area. The abandonment will not result in the detriment for the provision of utility services since the main was removed and relocated. The City's Environmental Services Department (water & sewer service) have reviewed the request and has no objection to the abandonment. Since the easement area was dedicated to the City of Delray Beach as a sewer easement, Florida Power & Light, Adelphia Cable, Florida Public Utilities Company and BellSouth would not have an interest In this request and therefore are not required to comment. I RECOMMENDED ACTION I By motion, approve the abandonment of a sanitary sewer easement dedicated by deed, as recorded in Official Records Book 7137, Page 125 of the public records of Palm Beach County, Florida, located within Lots 77-82 and a portion of Tract "A" of the plat of Estuary (Plat Book 86, Page 75), based upon positive findings with respect to LDR Section 2.4.6(N)(5). Attachments: . Location Map . Abandonment Resolution S IPlannlng & ZomnglBOARDSICITY COMMISSIONIEstuary Easement Abandonment doc 3V --I I 1_. ---1'11 ! i!llli!, '1::!i!,1 , F= I I -----, ~ I ' i I I l----·t I <:: - R!!! ii H~ I -----.,)-. t=j : ALLEN. , AVE f---è rì ~l i L----i I : \ Ii: i : I J~~I V ~! IX [ff lid... ¡I! I. '-~ i 1b;\~\'\<\\'\I,\.rt~~ >- """'" :;: I --- -~ - ¡:=: ,-.... 0 ~á} ===1. WA Y , ¡tj;;¡ «'--,,_ I- : _----, 'I~ S: '", ~ ----' "I "', ~ - --- --, I t:===1 .~ - '. ~ W __. __ .---,. ' ! I ,.-- g I,: ~ .: I THE ::; I~' I - ------ EASTVIEW: AVE ---i....../~... »).¡ ~STUARY ,'---- ---',i I '" . I ':, ':77" .: - .--- ',' ;~-'r---:-'_~ / ///1 <:( l ' a I ' , " ' .' ~ -. .::0.- --.J . - - - - . , " , . , ' (.\...'..\D .::0.- Jo ---; .- ' , , ' L;K~ 'A~ENUE N ' : '~. r---------:\~<\ì ~ . I ; 1 ,¡ " , §if 1== 'II I '---------_ ~ (LAKE AVE) .' i .',', - c:::::::::-::: \ . ,¡" ~ I -;::-- I ,,' -- --------.¡ o I ' , ¡ " : ¡ ;--j (~ ..... 2: LAKE AVENUE S iIII.. 0:(/~ ili,'i, ,', " \.. ñ¡ - --- - -2 ';" : I" : ' , "!" / U! V _ _____ I ~. , ~ -- cD= I ,- g:~ _/ ¡': / I I·! ... OJ ~ BOND WAY! I lj3 <t - -- ----- : 1 11..'< I 0 -- , ~~= - ~-- --=~ - f- ) I u I i ~ , - I / « 7 I ! - ~'== 1/ .r¡-- ---- _ WITI-J.ERSPOON LANE / '-'-- I 1 ¡ ==---=\. --1/ ,'---- I - - --- McKEE LN / :z I : I I-- II / - ---- ~ '---d; / I w i f----'--- ~ '---- > --,------ r--- ~ '-- f--- « .-.. ---- r~ f----- f-- --. I ~ --- - r--- f---:::! ~ ;;c -- f----- --- ~ I WA TERWA Y NORTH CONDO ~ -- ----- ---- « --.-- -..- ' . __ W w II INLET, ~S~ z Z ---U ~ .I ¡COVE CONDO 'ð -.-- 1--- 11.. ~ GroRGE- BUSH '--- - BOULEVARD G~.------\' I. n ': 'i II I I ~ \! ( N ABANDONMENT - SANITARY SEWER EASEMENT CITY OF DELRAY BEACH. FL WITHIN ESTUARY DEVELOPMENT PLANNING 05< ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF LM841 RESOLUTION NO. 37-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A A SANITARY SEWER EASEMENT RETAINED DEDICATED BY EASEMENT DEED, AS RECORDED IN O.R.B. 7137, PAGE 125, AS MORE P ART I CULARL Y DESCRIBED IN EXHIBIT "A". WHEREAS, the City of Deltay Beach, Florida, received an application for abandonment of a sanitary sewer easement dechcated by easement deed, as recorded m Official Records Book 7137, Page 125, Publ1c Records of Palm Beach County, Flonda, as more parttcularly described in Exhlbit "A"; said easement being located within Lots 77-82 and a portion of Tract "A", plat of Estuary (plat Book 86, Page 75); and WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(N), "Abandonment of Public Easements", of the Land Development Regulations of the City of Deltay Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(N)(3)(c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive [mdings; and WHEREAS, the City Commission of the City of Deltay Beach, Florida, pursuant to LDR Sectton 2.4.6(N)(5), finds that the abandonment will not result m detriment for the provislOn of utility services to adjacent properties or the general area, that its interest in the described property is no longer needed for the publ1c good and deems it to be m the best interest of the City of Delray Beach to vacate and abandon Said easement, as more parttcularly descnbed in Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, 1t 1S hereby determined to vacate and abandon all right and interest it holds to the follmving real property, more particularly descnbed as follows: See Exhibit "A" PASSED AND ADOPTED in regular seSSlOn on this the _ day of ,2005. MAYOR ATTEST: City Clerk Exhibit "A" Easement Description Sanitary Sewer Easement to be Abandoned A sanitary sewer easement being a portion of "LA-HACIENDA", according to the plat thereof, as recorded in Plat Book 15, Page 6 of the Public Records of Palm Beach County, Florida, and the vacated portion of said plat of "LA-HACIENDA", as vacated per Resolution No. R-82-17, as recorded in Official Records Book 3662, Page 1600 of the Public Records of Palm Beach County, Florida, Now known as "Estuary", as recorded in Plat Book 86, Page 75 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: BEGINNING at a point of intersection of the North line of the Plat of "KENMONT", as recorded in Plat Book 20, Page 65 of the Public Records of Palm Beach County, Florida, and the East Right-of-Way line of "PALM TRAIL" as shown on said Plat of "KENMONT"; thence S 89° 27' 43" W along said North line of "KENMONT" a distance of 15.15 feet; thence N 07° 28' 13" E, a distance of 19.75 feet; thence N 84° 47' 56" W, a distance of 162.51 feet; thence N 43° 48' 56" W, a distance of 89.54 feet to a point of intersection with a line 30.00 feet East of and parallel with the West line of the now vacated Lot 21, Block E of Said "LA-HACIENDA"; thence S 08° 03' 23" W along said parallel line, a distance of 94.05 feet to a point of intersection with the South line of said vacated Lot 21; thence S 89° 27' 43" W along said South line, a distance of 30.34 feet to the Southwest corner of said Vacated Lot 21; thence N 08° 03' 23" E along the West line of said vacated Lot 21, a distance of 80.91 feet to a point of intersection with a line 80.00 feet North of and parallel with the South line of said vacated Lot 21; thence N 89° 27' 43" E along said parallel line, a distance of 15.17 feet to a point of intersection with a line 15.00 feet East of and parallel with the West line of said Vacated Lot 21; thence N 08° 03' 23" E along said parallel line, a distance of 26.82 feet; thence N 48° 04' 29" W, a distance of 91.70 feet; thence N 41° 55' 31" E, a distance of 15.00 feet; thence S 48° 04' 29" E, a distance of 96.08 feet; thence S 43° 48' 56" E, a distance of 99.53 feet; thence S 84° 47' 56" E, a distance of 172.51 feet; thence S 07° 28' 13" W, a distance of 33.25 feet to the POINT OF BEGINNING. Said lands situate in the City of Delray Beach, Palm Beach County, Florida. 2 Resolution No. 37-05 . \ I ~, /.;::: , ~</ i;~. ' , - \{ J; :> ~. '~?J;~ \" ¡,,"""': "" 0 \,-' #'"Jo " _....." \.' If "1.\' .. '-:~ : '/~ . GRAPHIC SCALE ç: : \~.:; 30 0 IS 30 tiO ~ k,.-..... " I ~ ~ .""IIT I E ,., ~ ~ 00 æ '" t-4 6l -..J "'Q ... -,- ~ ~~ N ·z ~ ·Õ ~ 3 I I I.OT 22 ç ~~ ~~ a ~ r- '1J I 10.... . ~ r"'1 !;> ....~~.s:: .. _::0 I . (~~,~ ~~ ß ';;K'7"';1:.0 ".2. \ I ~;; ~ ~ ¡;\ ~ I '1 LOT 23 .~ ~~. .8 Ln ' ! i ~~~r:~}' r ,;, ~_~-::~....~__.:-\ I ~ \ .-' !' I [ i: '" '~"'-/" .: I : CIÞ ~:'-~: ..2...., .\ .,: a ~/.- 1 . , .¡. .. ~I ). . I \ ~.,:. ',( ........_,",/ /\ ~ I .~ _rill \1 ": i\~ ~ LOT 24 .. .'-./ ,," ,',"":1>,,,, .:E I ,'_... .;..__Î\. tilL - i "CI::ldil I'o\',,~ ~ J.:.(~t.l 1 )~~ ..., .._~- kOU . t·.;'J1Jl.~ 01 Ih'IJUIJlJl1J . ~~ ~/~: . n;.~ht-ol·"d} \\ ~ ~ ~ " ',""111 .. I, ~ ... LOT 25 \ . N7.1..S"" t: .P~~~ .~,ÀI:. 7 ~g.~~ - I .. - 1\ ..e..EA'qL"'-':i FlH(;I~ "'CT-i!tt I~ E $H.9.,'·...3·w P 0 B / 'S7'28'IJ"W LOT 26 . " 1 JJ 2~' \ ; SHEE:1 I OF 2 0. ' [- ] ¡. PORT ON or T1i~ OW Y~CA TtD I'\."Y or ~-"""- ~.,,~ ~." ,~'" . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t'/t'1 , SUBJECT: AGENDA ITEM # )S G -REGULARMEETINGOF JUNE 7. 2005 RESOLUTION NO. 34-05 DATE: May 25, 2005 This is a resolution assessing costs for abatement action required to remove nuisances on eight (8) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 34-05. CE.Res No 34-05 doc RESOLUTION NO. 34-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE I CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTNE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land (s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42 ) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property¡ and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner (s) ¡ and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice¡ and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance{s) as aforesaid, said report indicating the costs per parcel of land involved¡ and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance (s) against said property owner{s) , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, 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 Sec. 3, become a lien upon the respective lots and parcel{s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner{s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice{s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30 ) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of B% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30 ) days from the date of adoption and the assessment{s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment (s) , after which a lien shall be placed on said property{s), and interest shall accrue at the rate of eight (B) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section S. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording 2 Res. No. 34-05 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. 34-05 ~ COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT TOWN OF DELRA Y S 50 FT OF N 265 FT OF W 135 FT OF BLK 26 PB 1 PG3 {231 NW 5TH AVENUE} MINNIE L EST BARR PCN 12-43-46-16-01-026-0190 646 SW 7TH AVENUE CUST. # 10902 DELRA Y BEACH, FL 33444 $ 110.50 $ 55.00 ADM FEE CHATELAINE NO 1 LOT 13 BLK 5 PB72 PG192 (700 AVE CHAUMONT) DOLORES G EST BELL PCN 12-42-46-12-03-005-0130 700 AVENUE CHAUMONT CUST. #9996 DELRA Y BEACH, FL 33445 $ 68.50 $ 55.00 ADM FEE TROPIC ISLE 3RD SECTION L TS 411 & 412 PB25 PG69 (FLORIDA BLVD V/L N 2955) KATHERINE D MARTENS PCN 12-43-46-28-03-000-4110 589 DEERFIELD DR CUST. #8844 MELBOURNE, FL 32940-1947 $ 81.75 $ 55.00 ADM FEE DELRA Y SHORES LOT 1 BLK 4 PB24 PG232 (2187 DORSON WAY) LOUIS JOHNSON PCN 12-43-46-07-01-004-0010 101 NW 10TH STREET CUST. #4996 DELRAY BEACH, FL 33445 $ 81.75 $ 55.00 ADM FEE PINE TRAIL SEC 4 HUBERT JACQUES & L T 18 (LESS NL Y 40 FT) BLK 4 PB32 PG58 ROSE M CHRISTOLET (490 NW 52 AVENUE) 490 NW 52ND AVENUE PCN 12-42-46-12-12-004-0182 DELRA Y BEACH, FL 33445- CUST. #7652 2180 $ 70.75 $ 55.00 ADM FEE SUNNY HEIGHTS AMND L T 1 & W 3 FT OF L T 2 BLK 2 PB27 PG194 MAE BELL HEIRS OF ERVIN (326 SW 8TH ST) 310 WASHINGTON AVE PCN 12-43-46-20-26-002-0010 DELRA Y BEACH, FL 33444- CUST. #10523 1674 $ 70.75 $ 55.00 ADM FEE TROPIC ISLE TROPIC ISLE PLACE LLC LTS 101 & 102 PB25 PG99 % RICHARDO A GONZALEZ, (FLORIDA BLVD V/L N. 2217) REG AGT - PCN 12-43-46-28-01-000-1010 7270 NW 12TH STREET PH#9 CUST. #10131 MIAMI, FL 32126-1929 $ 95.00 $ 55.00 ADM FEE 4 RES. NO. 34-o5.xJs COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE RIDGEWOOD HEIGHTS DELRAY N 35 FT OF L T 3 BLK D PB 14 PG44 (1107 SW 7TH AVENUE) DANIELL EST PERALES PCN 12-43-46-20-20-004-0032 1109 SW 7TH AVENUE CUST. #10893 DELRA Y BEACH, FL 33444 $ 84.00 $ 55.00 ADM FEE VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE 5 RES. NO. 34-05.xls 0;\ " ii1 [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444 TELEPHONE 561/243-7090' FACSIMILE 5611278-4755 DELRA Y BEACH Writer's Direct Line: 561/243-7091 f L 0 . I D " ....... All-Amerlca City ~II~ MEMORANDUM DATE: May 16, 2005 TO: City Commission David Harden, City Manager ~ ---:- FROM: Brian Shutt, Assistant City Attorney SUBJECT: Limited Access Easement for 114 S. Swinton Circle The property located at 114 S. Swinton Circle has frontage on S. Swinton Circle and N.E. 19th Street and is thus subject to two front setbacks. The setback for frontage in this zoning district is 30 feet. The property owner only takes access to the property by S. Swinton Circle. The property owner wishes to construct an addition to the property that would encroach into the 30 foot setback along the N.E. 19th Street side of the property. The owner has consented to the execution of the limited access easement in order to prevent access from N.E. 19th Street and thus only be subject to a rear setback requirement of 10 feet. The Planning and Zoning and Building departments do not have an objection to the granting of this limited access easement. Our office requests that this item be placed on the June 7, 2005 City Commission agenda. Please call if you have any questions. Attachment cc: Jeff Costello, Asst. Planning Director Phil Etchinson, Deputy Building Official <6\-\ , ," . Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. lst Avenue Delray Beach, Florida 33444 . LIMITED ACCESS EASEMENT AGREEMENT This Limited Access Easement Agreement, made this ~ ~ day of ~ r ~ 1 , 20~ by and betweenK.·'M've...~ + $coH \).\;e("~r'\ with a mailing address of 114- S I ÇW"'Ak", C".. (" , lorida and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida: WHEREAS, Section 6.1.2(B)(7) of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides that reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the City under approved conditions. Such reserve strips shall be required, as limited access easements, along all arterial and collector streets except for approved points of ingress and egress; and WHEREAS, vehicular access onto tJ.~. i~ ~'\-. from the property described in Exhibit "A" is impracticable in this case due tOQ~u:.:ü ~~ ~_ ~.~....'-_..... C).-t...\c.... ; and WHEREAS, the property owner wishes to have a limited access easement agreement over the side ofthe lot adjacent to f\,\;:., ,.,~ S4., ; and NOW, THEREFORE, in consideration of $10.00 and other valuable consideration, receipt and adequacy and sufficiency of which is hereby acknowledged, the parties intending to be legally bound, do hereby agree as follows: 1. That the recitals heretofore set forth are true and accurate and incorporated herein by reference. 2. That the Limited Access Easement is needed so that vehicle access to the property described in Exhibit "A" shall be denied as to I\.i:.. \..,~ .s~. 3. The Limited Access Easement covers the area described in Exhibit .;a". 4. Property Owner and City agree that this Limited Access Easement Agreement shall be recorded in the Public Records of Palm Beach County, Florida and shall run with the land. 1 The Limited Access Easement granted herein shall not be transferred, assigned, sold or otherwise conveyed except in conjunction with the transfer or sale ofthe subject property. 5. This agreement shall be construed and governed in accordance with the laws of the State of Florida and in the event of any litigation hereunder, the venue for any such litigation, shall be in Palm Beach County, Florida. All of the parties to this agreement have participated fully in the negotiation and preparation hereof and, accordingly, this agreement shall not be more strictly construed against anyone of the parties hereto. 6. This agreement may not be changed, altered or modified except in writing signed by both parties. This agreement shall be binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties to this Limited Access Easement Deed set their hands and seals the day and year first above written. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: By: City Clerk Jeff Perlman, Mayor Approved as to Form: By: City Attorney WITNESSES: ~h~"")- ~. t\ ~\._ l S"'\\ (name printed or typed) By: (name printed or typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ~ day of Apn' , 200~ by 5t:o++'" I<imb.,..'" ï;~... nQ.... . as c:x..,. Y'"'I~ ".. S (tift11.1'- uf Uf£~Cl 01 aõ-'flt, title af offieer or ageftt), af (ftMK of ea~affttiaH askRg,,'leåg1lig), ð (state or "laee af ißeo~erMi6R) ",¡; I I 4 S· $w' YI tt- C I t"C I e 2 ------ · ¡he' h a c.r4- c9~erRtign, 9R behalf of tHe eerpefRtien. HelShciB pæ:s9R:illly GO'W to me 91' à~ j)roduced 1)1( .J~ r~ L i<:.~t"IS"-6'~ (type of identification) as identification. -I Ca:{~~ ~b_D 4*'TGr,SS -$01 - õ'r- Vt.'~O F" Signature of son Taking owledgment €)(i>. 10-" - 0 ï COI ..¡...h~,... n.L. :z-~ Jpj,--4.- KIM bc,''1 A· 'Tic, near} Narne Typed, Printed or Starn ed -& Tt. S't' - Î ,...¡... '0- aos-... 0 p(., €ttp· 8-zr-04 :\p..\1.V Pú OFFlOALNOTARY L G'Got'".... DU1"o"crf¡cf"n on o <9ç. CATl-/EFlINE INGi.ESE ~~7° ~ ~ J ~ COMMISSIOO NUMBER ? Q DD135747 «' 0 o<t' MV COMMISSION EXPIRES F F\. JULY 22 2006 3 - f I . CAlCtJLATED MEASUREMENT' ~ .D.E. - DRAINAGE EASEMENT ADDR U.E. - DENOTES UTlUTY EASEMENT It - DENOTES CENTERLINE 114 /f7'NV~ ~ p DELR 1/2OIV ROD c."''' GltP) FLOOD COM..I CO....I MAP ~ I S. SWINTON / i CIRCLE ----" 4::) ~ LOT 3 /iJUN£3 .,:x. 4 I BLOCK 3 HPA/VJ1£NT ,¡ -~, \.... "'~ J... ~~ ~ - -- --'-ro 11.0' Ii::': ···:..:;~~j¡6~!ED: ~ I4.P· ::...:.:." '. . ~ .;. I: . . l.. 1z'3 I . . " . . ; .:~. : I C"\. I .,~ $S '. ' " ~ I"'~~" :' ~ ~ '·n· ~ I ~ I.<\J< ...' . § I.. :.... <-, ~ I ~ " 12.7' ~ LOT 6 ~ ~ t7A1¿ STOIlj/ R€s. I BLOCK 3 ~:# //4 I · ~T4 I BLOCK 3 \I /3.Z' ~ IG.l3· ~ ~ ~ ¡g, A' '-i I Ç) .T j I~ ~ - ~ LOT 5 ~ I ~ . BLOCK 3 '" N l..~~~ Au:.(,,~ I ~ lac:. 1"\«.1'0 ~ 1ÕG/1V~ .,.)(~ 73. Z~· .'I'~71~ F¿JtlNé 4X4 !4t7111f,/Mtf,NT ~d' MtJNtlM€Nr ~ #¿ /grI7S7RE£T____ - - --- . ~ . tiT' DF DELRAY IEA[H CITY ATTORNEY'S OFFICE ~()í) '\iW hI AVE"\LE' DtLRAY BEACH FLORIDA 3344.:1- ! HJ:PIIO,\[ ';6!:2-13 7()L){!' F\C SI\lILE "61!27X-47'i'i DELRAY BEACH Wnter's Direct Line. 561/243-7091 f , (' R I [) .. Da.I:II All-America City , III I! DATE: MEMORANDUM May 24, 2005 1993 TO: City Commission 2001 David Harden, City Manager ~~- ~ -- ~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Motorola Service Aqreement The attached agreement between the City and Motorola provides that Motorola will service the City's portable radios as well as the equipment used for the City's 800 MHz dispatch system. Motorola furnished its equipment and radios to the City approximately 5 years ago and has provided service to the City under an annual service agreement for that equipment. The agreement begins October 1, 2005 and shall terminate on September 30,2006. The cost for the annual maintenance to the City is $113,584.44. Our office requests that this item be placed on the June 7,2005 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Capt. Ralph Phillips, Police Dept. Capt. Mark Davis, Police Dept. Amanda Solomon, Telecommunications Mgr. ~.:L ® MOTOROLA Ver 4 9 Build 1000 SERVICE AGREEMENT Altrr NatIOnal Service Support Agreement Order #: 0555014950604 1307 East Algonquin Road Schaumburg, IL 60196 Supersedes Agreement #(s) 315004320 (800) 247-2346 Date. 5/10/2004 Required P.O: No Company Name: Delray Beach, City of Customer #. 1000303082 Attn' Bill to Tag #: 0006 Billing Address. 300 West Atlantic Blvd Contract Start Date: 10/01/2005 City, State, Zip: Delray Beach, Fl 33444 Contract End Date' 09/30/2006 Customer Contact: Ralph Phillips Anniversary Date' Phone 561-243-7854 Payment Cycle. Quarterly Fax' 561-243-7816 Tax Exempt. Yes PO#: Model/O tion Description Ext Extended SVC01SVC1102 , Dispatch Service :$ 32755'$ 3,93060 SVC01 SVC11 04 ¡Technical Support Service 1$ 254 38 $ 3,052 56 :SVC01SVC1103 ¡ Network Monitoring Service $ 372 44 $ 4,46928 . i SVC01 SVC 1422 : local Radio Combo Package ,$ 3,71665 $ 44,59980 : I :SVC01SVC1101 ' Infrastructure Repair With Advanced Replacement Service $ 1,864 48 $ 22,373 76 i iSVC01SVC1410 i OnSlte Infrastructure Response Service 1$ 2,523 52 $ 30,282 241 SVC02SVCOO03 : SP . Software Subscription Agreement :$ 406 35 $ 4,876 20 , I ! I I ! I ! ! SUBTOTAL - RECURRING SERVICES $ 9,465 37 i $ 113,584 44; SPECIAL INSTRUCTIONS - ATTACH STATEMENT QFWORK FOR PERFOR......CE SUBTOTAL - ONE-TIME EVENT SERVICES, $ - DESCRIPTIONS TOTAL! $ 9,46537 ' $ 113,584 44/ ' See attached list for equipment covered under contract. TAXES $0 00 $000 I GRAND TOTAL I $ 9,465.37 i $ 113,584 441 I I I THIS SERVICE AMOUNT IS SUBJECT TO STAre & LOCAl TAXING JURISDICTIONS TO BE VERIFIED BY MOTOROlA I SUBCONTRACTOR(S) :CITY ¡STATE I , , Schaumburg ! ,Motorola - SSC-Call Center OperatIonS ilL I (D0066\ Motorola - SSC- Techmcal Support Schaumburg 'IL ODBratlonS (DOO68\ I I Motorola - SSC-Natwork Management Schaumburg !IL ! ODeratlons (D0067\ 'Motorola - South Florida FSO (D0164) ! Ft Lauderdale ¡FL , I I Motorola - Infrastruclure Depot OperatIons . Schaumburg IL IDO (D0002) Motorola - NIO SSA Team Schaumburg IL I ¡ ! I ¡ I Motorola's ServIce Tønnl & Condltoonl, a copy of wI1lå1.s attached to thIS ServICe I Agreement. I. Incorporated herein by thIs referanee TITLE DATE Customer Support Manager OLA R PRESENTATIVE (SIGNATURE) TITLE DATE Clndee Smith 954-723-4718 954-723-4791 -, · ,E/' 'ED MOTOROLA REPRESENTATIVE (PRINT NAME) PHONE FAX . v . APR 2 , 2005 SPC v4.9 Build 1000 C~aATf~5 -~---- Customer: Delrav Beach. City of Effective: 10/1/2005 QW Eauipment Description 14 Quantar Repeaters 4 Centracom Gold Elite Consoles 6 Control Stations 4 RCH Digital Remote 1 Moscad (1 PC, 3 RTU) 41 Astro Spectra Mobiles 194 LTS2000 11 LCS2000 248 XTS3000 3 XTS5000 System Description 1 Prime Site 1 Hard Drives Receive Site 1 Dispatch Center 7 Channels Service Terms and Conditions Motorola, Inc, through ns Commercial, Govemmenl. and Industnal Solutions Sector ("Motorola"), perfOll11lng party fais to prome or Implement the cure plan, then the l11 ured party, In eddlllOl'1 to and the customer named In thIS Agreement ('Customer'), hereby agree as follows any other nghlS available to n under law, may Immediately t&nnlnate thIS Agreement effective Sec:tlon 1 APPLICABIUTY upon gllIIf1! a wntten notJœ of t8ll11lnabon to the defaulting party These S8MC8 Terms and Condrbons apply to S8N1ce contracts whereby Motorola agrees 10 10 2 MY temllnabon of thos Agreement will not relieve BIther party of obligations pI8VIOU8ly provide to Customer etther (1) maontenance, support and/or other Sørll1ces under a Motorola Incurred pursuant to this Agreement, Indudlng payments whICh may be due and OWIng at the time SeNlCe Agreement, or (2) installabon S8N1C8S under a Motorola Installabon Agreement 01 termination All sums owed by Customer to Motorola WIll become due an d payable IInmedoate/y 5eçt on 2 DEFINITIONS AND INTERPRETATION upon termlratJon of thl. Agreement Upon the effø:bve date of telTT1lnallon, Motorola will have no 21 "Agreement' means these Service Terms and Condobons, the cover page lor the S81'V1C8 Iurther oblIgation to proVIde S81'V1C8S Agreement or the InstallatJon Agreement, as applicable, and any oIher attachments, all of whoch SectIon 11 LIMITATION OF LIABILITY are Incaporated herein by tills rlterence In Interprat¡ng this Agreement and resolVIng any Thos krmtatJon of hablJtty provtSlon shall apply no\W1 thstandlng any contraty proVlSIOl'1 In thts 1Wßbtt; UIties, these S8MC8 Terms and CondItIons wt8 taI<e Pf9Cedenœ over any ~ page, and Agreement Except for perwnal ,nlury or death, Motorola's tolal kablllly, whether for breach of the cover page WIll take precedence over a1)' attachments, unless the co_ page or attachment contract, warranty, nagkgence, stncl kablllly In tort, or OthelWlse, WIll be hmrted to the dorect speatically states otherwIse damages recoIBrable under law, but not to exceed the pnce of twelve (12) montha of SeNlce 22 "EqUlpmenr means the eq..pment that IS spec¡fied In the attachmenlS or IS subsequently proVIded under this Agreement ALTHOUGH THE PARTIES ACKNOWLEDGE THE added to this Agreement POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA IMLL NOT 23 "SerV1C8l" means those Installabon, maontenance, support, trai..ng, and other serVIces BE LIABLE FOR ANY COMMERCIAL LOSS, INCONVENIENCE, LOSS OF USE, TIME, DATA, described in tho. Agreermn. GOOD IMLL, REVENUES, PROFITS OR SAVINGS, OR OTHER SPECIAL, IICIDENTAL, SectIon 3 ACCEPTANCE INDIRECT, OR CONSEQUENTiAl DAMAGES IN ANY WAY RELATED TO OR ARISING FROM Cu.tomer acceptS these S8MC8 Terms and ConditIons and agrees to pay the pnces set forth In THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROlA PURSUANT TO the Agreement Till. Agr&en18I1t WIll become blndong ony when accepted In wnbng by Motorola THIS AGREEMENT No action for breach of this Agreement or oIherwlse relating to the The term of thiS Agreement WIll Þ8g1n on the 'Start Date" Indicated on this Agreement transact""", contemplated by tho. Agreement may be brought more than one (1) year after the SectIon 4 SCOPE OF SERVICES aœruaI CIf such cause 01 action, excepllor money due upon an open account Thos IlmrtatJon of 41 Motorola will proVIde the S81\11C8S dascnbed In this Agreement or n a more delaled ~ablllly WIll SUMVe the exptratlon or termination of thos Agreement statement at wcrtc or other dOCUment attached \0 tho. Agreement At Customer's req uest. SectIon 12 EXCLUSIVE TERMS AND CONDITIONS Motorola may aI.O provide additional SBMC8S at Motorola's 1hen-applocable rates for such 121 ThIS Agreement .upersedes all pnor and concurrent agreements and understanding. selVlces betwBM the par1Jes, whether written or oral, related to the SeNlC8., and there are no agreements 42 11 MoIoroIa IS prOVIding SennC8S for EqL> pment, Motorola parts or parts of equal quality WlI or representallon. concerrung the sub ect matte< of tho. Agreement except for those expressed be used, the Equtpment WIll be seNlced at levels .et forth '" the manufaclUre(. product manual., herein The Agreement may not be amended or modofied except by a written agreement sogned and routine S8MC8 proc øduras that are prescnbed by Motorola WlI be followed by authonzed representaIIWs of both par1Jes 4 3 11 Customer purchases from Motorola additional equopment thet beComes part at the same 122 Customer agrees to reference thl. Agreement on any purchase order ssuect In furtherance .ystem as the lI"baI Eq..pment, the adcitJonal &qUIpment may be added to tho. Agreement and of thos Agreement, however, an omiSSIon of the reference to thos Agreement shall not affect rts WIll be billed at the appll~ rates _ the warranty for .uch adcIotJona/ equipment expire. appIocabtIlIy In no event shall eother party be bound by any tenns contaned In a Customer 44 All Equipment mu.t be in good worIong order on the Start Date or when addotJonaI equoprrønt ¡uchase order, adU10wtedgement or other wnbngs unless (Q such purchase order, is added to the Agreement Upon rea.onable request Þy Motorola, Customer wifl proVide a aci<now/edgement. or other wnllngs spealically refer \0 thts Agreement, (II) dearly indicate the complete senal and model number lISt of the EqUtpm8nt Cu.tomer must prompUy nobfy Motorola Intention of both parties to ovemde and moaty tI... Agreement. and (in) .uch purchase order, In writong when any Equtpment IS lost, damaged, stolen or taken out of SBMC8 Cu.tome(s acIa10wIedgement or other writings are Signed by authonzed representabves of both parties obltgation to pay Ser\1C8 fees for such Equo pment IVIII t8fTT1lnate at the end of the month In whoch SectIon 13 PROPRIETARY IN FORMA TlON; CONFIDENTIALITY; INTELLECTUAL Motorola rØC8lves such wntten notice PROPERTY RIGHTS 45 Cu.tomer must .pealically identify any EQUIpment that IS labeled Intnn.ocaIly safe for use In 131 Arty Information or data In the form 01 spealiCatJons, dl'BWlng., repmt., techrvcal hoIzardous environment. Information or otherwlS8 Iurm.hed to Customer under tho. Agreement WIll remaon Motorola's 46 11 Equipment cannot. In Motorola's reasonable opinion, be properly or economICally S8MCed property, WlU be deemed propnetary, WIll be kept confidentiat, and will be promptly retL.m8d at for any reason, Motorola may modify the scope of SBMC8S related to such Equtpmenl, remove Motorola's request Customer may not disclose, WIthout Motorola's wntten pefTT\lSSlOn or as such EqUIpment from the Agreement or Increase the price \0 SeNlce such Equipment reqUIred by law, any such Information or data to any person, or use such Information or data rtsel1 4 7 Customer must promptly nobly Motorola of any EqUl pment failure Motorola WIll respond to lor any purpose other than perfom1lng Its obligations under this Agreement The obIogatJons set Custom..... notiIicatJon ,n a manner consistent WIth the level of ServtC8 purchased as ondlcated on lorth In thos SecIIon WI. SUNlve the exptratlon or termination of thiS Agreement tho. Agreement 132 Unless othetW1se agreed In wnting, no commel'Clal, finanaal or techl1lcal InlorrnáJon SectIon 1 EXCLUDED SERVICES disclosed in any mamer or at any time by Customer to Motorola WIll be deemed secreI or 51 SeNlce excludes the repatr or I8ptacernent of Equipment that haS become defective or conIidentiel Motorola WIll have no oÞhgatlO/1 to provide C...tomer WIth access to its confidenbal damaged from use on other than the normal, customary, Intended, and authonzed manner; use not and propnetary InIormatlOl'1, IncludIng cost and priCIng data In compliance WIth appllceble industry standards, exceSSive wear and tear; or acCIdent. lIqUidS, 133 Ths Agreement does not grant directly or by lmp/lcatJon, estoppel, or oIhBlWlse, any power .urges, I18j lect, acts of God or other force majeure event. ownership nght or hcense under any Motorola patent, copynght, trade secret or other Intellectual 52 Ul1ess specifically rc/uded In this Agreement, SelVlC8 exdudes rtems that are consumed In property lI1CIudlng any Intellectual property created as a rasult of or related to the EqUIpment sold the normal operation 01 the I! ulpment. such as batteries or IT1IQnellC tapes, upgradlf'lg or or SerVIceS performed under thos Agreement reprogremmlng Equipment, accessones, bett dipS, battery chargers, custom or special products, SectIon 14 FCC LICENSES AND OTHER AUTHORIZATIONS modified unllS, or software, and repair or matn..nance of any transnvSSlOl'1 hne, antenna, Customer i. solely respon.,ble lor obtaining kcenses or oIher authonzatlons req..red by the rmcrowave equipment, tower or tower Ioghtlng, duplexer, combiner, or multlcoupler Motorola has Federal CanmUlllcatJons Convnlsslon or any other federal, state, or local government agency and no obligation. for any transmiSSion medIUm, such as telephone lone., computer networks, the for complying WIth all rules and regulalJons requIred by such agencoes Netther Motorola nor any Internet or the wor1åNlde web, or for EqUIpment malfunction caused by such IansmlSSlon of Its employees IS an agent or representabve of Customer In any goverrmental matters medIum SectIon 11 COVENANT NOT TO EMPLOY SectIon . TIME AND PLACE OF SERVICE DLmg the term of tho. Agreement and contIn..ng lor a penod of two (2) Yea'S thereafter, SeMce WIll be pI'O"o'Ided at the locallon specified In thos Agreement. W1en Motorola peñoon. Customer will not hire, engage on contract, solICIt the employment of, or recommend employment seNlce at Customer's locaIIon, Customer WIll provIde Motorola, at no charge, a non-hazardou. to any thord party 01 any empIO)88 of Motorola or Its .ubcontrectors WlthoI.C the pnor wntten WOI1< envlrmment WIth adequate shetter, heat, light and power and wrth lull and free access to the authonzabon of Motorola This proViSion applies only to those employee. of Motorola or rts Equopmert. WfJ vers of liability lrom Motorola or Its subcontractors WIll not be ImpoSed as a srte sutx:ontrac:tors who are responsible for rendenng SBMC8S under this Agreement 11 thl. proVlSlOl'1 access reqIJrement Customer WIll pI'O"o'Ide all lI'IfonnatJOn perlall1tng \0 the hartlware and IS to""" \0 be overly broad under apphcable law, rt shall be modrlied as necessary \0 conform \0 softwere etement. at any system with whoch the Equtpmen\ IS interfaCIng so that Motorola may such law perform rt. ServICeS Unless otherWIse stated In this Agreement. the hours of SBMce WIll be 6 30 SectIon 1. MATERIALS, TOOLS AND EQUIPMENT a m to 430 pm, local bme, excluding weelends and holidays Unless othelWlSB stated In this AI tools, eq..pment, dies, gauges, models, drawongs or other matena/s patd for or furnIShed by Agreement the price for the SBMce. exdude any charges or expenses aSSOCIated WIth hehcopter Motorola for the pU"pOse of thts Agreement will be and remBln the sole property of Motorola or other u.....ual access requirements, d these charges or expense. are reasonably incurred by Cu.tomer WIll safeguard all such proper1y willie rt I. In C...tom....s custody or control, be liable for Motorola In rendenng the Service., Customer agrees to retmburse Motorola for such charge. and a1)' loss or damage 10 such property, and retum rt to MoIoroIa up on request Such property will expenses. be held by Customer for Motorola's use Without charge and may be removed from Customer's Section 7 CUSTOMER CONTACT prenvses by Motorola at sny time without restncllon Customer WIll pro_ Motorola WIth deSIgnated poIntS of contact (list of names and phone SectIon 17 GENERAL TERMS numbers) th8t WIll be available twentl'loI.r (24) hours per day, S8YM (7) days per week, and an 171 11 any court rendeIs a1)' portJOn of this Agreement unenforceable, the remalnlf'lg term. WIN e.calatlOn procedure to enable Customer'. persomel \0 maontaon contact, as Æeded, WIth conbnue In lull forœ and effect Motorola 172 Thos Agr8M1ent and the nghts and duties at the pertJas will be governed and Interpreted In SectIon . PAYMENT accordance WIth the I_s of the State In whoch the ServIces are peIformed Unles. attemabve payment terms are .pec¡fically stated In this Agreemert, Motorola WllllllvolCB 173 Fall..... to exel'Clse any ngllt WIll not 0 perate as a waIVer of that nght, power, or prMIege Customer In advance for each payment JIIOOd All other charges WIll be billed monthly, and 17 4 Nel1her party is hable lor delays or lack r:I performance resulting from any causes .uch as Customer must pay each ,''''''''''' In U S dollln WIthin twenty (20) days r:I the ,,,,,,,,ce date slnkes matenal .hort&ge$, or acts of God thatare beyond that party's reasonable conlrol Cu.tomer egl'HS \0 reimburse Motorola lor aI property tuBS, sales and use taxas, excse taxas, 17 5 Motorola may asSign lis nghts and obligations, and may slbcontract any portton of lIS and other taxes or as.essment. leVIed as a re.uIt of SIIfVIC8S rendered under thl. Agreement performance, under thl. Agreement. (excepllncome, profit, and franchise taxes of Motorola) by any govemmental eooty 176 THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON SectIon . WARRANTY EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE Motorola warrants that Its SeMces under this Agreement WIll be free of defects n matenal. and SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN wcrtcmanshrp for a penod of ..nety (90) dey. from the date the performance at the Servx:as are WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY completed In the event of e brellch r:I thI. warranty, C...tome(s sole remedy is to reqUIre (3O) DAYS OF THAT ANNIVERSARY DATE AI the annt -.ery date, Motorola may aqust the Motorole to ,..perform the norH:Onforrmng SBMce or to refund, on a prf>rata baSIS, the lees pad pnce of the S81V1C8S to reflect o1J current rate. for the non-conformlng SBMC8 MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, 17 7 If Motorola provide. S8MC8. after the t8/111ll1lllon or exptratlon of thos Agreement. the EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY larms and condillons In effect at the Þme of the termtnatJon or expt rallon wdl eppIy to those AND FITNESS FOR A PARTICUlAR PURPOSE Sarv>ces and Customer egreu to pay for such SØIVI08S on a bme and matenals basIS at SectIon 10 DEFAUL TITERMINA TlON Motorola's then effective hourty rates 101 If _ party defaults n the perfonnance r:I thiS Agreement. the other party WIll QIlI'I to the ron-pelfomllng P8f\Y e wntten and detaoled notice of the defllJll The non-perfonnong party WI. have thorty (30) day. thereafter to provide a wntten plan to CLA the default that IS acceptable to the other P8f\Y and begon 1~lementJng the cure plan Immediately after plan approval 11 the non- Service Tenns and Conditions FINAL.9.1 03 doc (CSA fonnatted) · MO'FOROLA Statement of Work Network Monitoring, OnSite Intrastructure Response and Dispatch Service Overview: Motorola will provide Network Monitoring, Dispatch Service and OnSite Inftastructure Response services to the Customer. These services are applicable only for the following system types: SmartZone up to release 6.2, SmartZone/OmniLink v2.0.3 and higher, SmartNet, Private Data (with a wireless network gateway) v2.0.3 and higher, and E911. 1.0 Description of Services Network Monitoring is a service designed to electronically monitor Elements of a Communication System for Events, as set forth in the Monitored Elements Table. When the Motorola System Support Center (SSe) detects an Event, trained technologists acknowledge the Event, run remote diagnostic routines, and initiate an appropriate response. Appropriate responses could include, but are not limited to, continue monitoring the Event for further development, attempt remote Restoral, or transfer the Event by opening a Case for dispatch of a Servicer. The Servicer will respond to the Customer location based on pre-defmed Severity Levels set forth in the Severity Definitions Table and Response times set forth in the Response Time Table in order to Restore the System. Motorola will provide Case management as set forth herein. The SSC maintains contact with the on-site Servicer until System Restoral occurs and Case is closed. The SSC will Continuously track and manage Case activity ftom open to close through an automated Case tracking process. This Case management allows for Motorola to provide activity and performance reports. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Recommend any needed Connectivity or monitoring equipment and coordinate installation of such equipment upon Customer's request. 2.2. Provide dedicated Connectivity necessary for monitoring SmartZone, SmartZone/ OmniLink, and Private Data system types. 2.3. Verify Connectivity and Event monitoring prior to System Acceptance or Start Date. 204. Continuously receive service requests. 2.5. Remotely access the Customer's System to perform remote diagnostics as permitted by Customer pursuant to section 3.1 2.6. Attempt remote Restoral, as appropriate. 2.7. Create a Case as necessary when service requests are received. Gather information to perform the following: 2.7.1. Characterize the issue 2.7.2. Determine a plan of action 2.7.3. Assign and track the Case to resolution. 2.8. Dispatch a Servicer, as required, by Motorola standard procedures and provide necessary Case information collected in section 2.7 2.9. Ensure the required personnel have access to Customer information as needed. 2.10. Disable and enable System devices, as necessary, for Servicers. 2.11. Servicer will perfonn the following on-site: 2.11.1. Run diagnostics on the Infrastructure or FRU. 2.11.2. Replace defective Inftastructure or FRU, as applicable. Customer, Servicer or Motorola may provide Infrastructure or FRU. 2.11.3. Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and any other requirements necessary to perform the Maintenance service. 2.IIA. Ifa third party Vendor is needed to Restore the System, the Servicer may accompany that Vendor onto the Customer's premises. Network MOnitorIng. OnSlle Infrastructure Response and Dispatch ServIce Approved by Contracts and Compliance 12-19-03 page 1 of4 · MOTOROLA 2.12. Verify with Customer that Restoration is complete or System is functional, if required by Customer's repair Verification preference in the Customer Support Plan required by section 3.4. If Verification by Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer will be released. 2.13. Escalate the Case to the appropriate party upon expiration of a Response time. 2.14. Close the Case upon receiving notification ftom Customer or Servicer, indicating the Case is resolved. 2.15. Notify Customer of Case Status, as required by the Customer Support Plan at the following Case levels 2.15.1. Open and closed; or 2.15.2. Open, assigned to the Servicer, arrival ofthe Servicer on site, deferred or delayed, closed. 2.16. Provide the following reports, as applicable: 2.16.1. Case activity reports to Customer. 2.16.2. Network Monitoring Service reports for Customer System(s), excludes E911. 2.16.3. Performance/Availability Reports for SmartZone, SmartZone/ OmniLink, and Private Data Systems only. 3.0 Customer has the following responsibilities: 3.1. Allow Motorola Continuous remote access to obtain System availability and performance data. 3.2. Purchase Connectivity, installation and monitoring equipment necessary for monitoring the System if recommended by Motorola. Failure to purchase such equipment as recommended by Motorola may prevent Motorola ftom rendering the services described in this Statement of Work. 3.3. Order and maintain dedicated dial-up phone lines for telephone service for SMARlNET and E911 System types. 3.4. Provide Motorola with pre-defined Customer information and preferences prior to Start Date necessary to complete Customer Support Plan. 3.4 .1. Case notification preferences and procedure 3.4.2. Repair Verification Preference and procedure 3.4.3. Database and escalation procedure forms. 3.4.4. Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.5. Provide the following information when initiating a service request: 3.5.1. Assigned System 10 number 3.5.2. Problem description and site location 3.5.3. Other pertinent information requested by Motorola to open a Case. 3.6. Notify the System Support Center when Customer performs any activity that impacts the System. (Activity that impacts the System may include, but is not limited to, installing software or hardware upgrades, performing upgrades to the network, or taking down part of the system to perform maintenance.) 3.7. Allow Servicers access to Equipment (including any Connectivity or monitoring equipment) if remote service is not possible. 3.8. Supply ln1Tastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in paragraph 2.II.2 3.9. Maintain and store in an easy accessible location any and all Software needed to Restore the System. 3.10. Maintain and store in an easily accessible location proper System backups. 3.11. For E911 systems, test the secondarylbackup PSAP connection to be prepared in the event ofa catastrophic failure of a system. Train appropriate personnel on the procedures to perform the function of switching to the backup PSAP. 3.12. Verify with the SSC that Restoration is complete or System is functional, if required by the Repair Verification Preference provided by Customer in accordance with section 3.4 3.13. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide these services. Network MOnltormg. OnSÏte Infrastructure Response and DIspatch Service Approved by Contracts and Compilance 12-19-03 page 2 of 4 --- . IW07*OllOLA Severity Definitions Table Severity Level Problem Types Severity 1 · Response is provided Continuously · Major System failure · 33% of System down · 33% of Site channels down · Site Environment alarms (smoke, access, temp, AC power. · This level is meant to represent a major issue that results in an unusable system, sub-system, Product, or critical features trom the Customer's perspective. No Work-around or immediate solution is available. Severity 2 · Response during Standard Business Day · Significant System Impairment not to exceed 33% of system down · System problems presently being monitored · This level is meant to represent a moderate issue that limits a Customer's nonnal use of the system, sub-system, product, or major non-critical features trom a Customer's perspective Severity 3 · Response during Standard Business Day · Intennittent system issues · Infonnation questions · Upgrades/preventative maintenance · This level is meant to represent a minor issue that does not preclude use of the system, sub-system, product, or critical features trom a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product/system upgrades. Response Time Table (Customer's Response Time Classification is designated in the Service Agreement). Severity Regular Premier Limited Level Response Time Response Time Response Time Severity I Within 4 hours trom receipt Within 2 hours trom receipt Within 4 hours trom of Notification ofN otification receipt of Notification Continuously Continuously Standard Business Day Severity 2 Within 4 hours trom receipt Within 4 hours trom receipt Within 4 hours trom of Notification of Notification receipt of Notification Standard Business Day Standard Business Day Standard Business Day Severity 3 Within 24 hours trom Within 24 hours trom Within 24 hours trom receipt of Notification receipt of Notification receipt of Notification Standard Business Day Standard Business Day Standard Business Day Network MOnitoring. OnSite Infrastructure Response and Dispatch Service Approved by Contracts and Compliance 12-19-03 page 3 of 4 ---- · MOTOROLA Monitored Elements Table (Listed by technology) SYitemTyP¡ , ' EffülPn'ietJt SmartZone 6.0 Nortel; Packet Routing Network; Zone Controllers; Database Server; FullVision Server; Zone Statistical Server; Air Traffic Router; System Statistics Server; User Configuration Server; Packet Data Gateway Server; PBX; Interconnect Server; Motorola Gold Elite Gateway (MGEG); AEB; CEB; ARCADACS Cross Connect Switch; Simulcast RF Site (Site Controllers, Comparators, Stations); Intelli Repeater RF Site (Stations);Intelli Site Repeater RF Site (Site Controllers, Stations); MOSCAD Overlay (TenSr, Station, Channel Banks, TRAK GPS, Environmental Alarms, Microwave) SmartZone 4.1 Zone Controllers; Database Server; Digital Interface Unit (DIU); Central Electronic Bank (CEB) Interface; AEB; FuIlVision Server; Air Traffic Router; System Statistics Server (Multi-Zone); Zone Statistical Server; User Configuration Server; NOVA 2000 (Interconnect); Remote RF Sites (Site Controllers Including Simulcast, Stations); MOSCAD Overlay (Stations-Non Trunked, Comparater, TenSr Channel Banks, Environmental Alarms, Microwave) SmartZone 3.0 - 3.5 Zone Controller; Database Server; User Server; Digital Interface Unit (DIU); Central Electronic Bank (CEB) Interface; AEB; User Configuration Server (3.5); Historical Server (User Server 16); AEB Central Electronic Bank (CEB); MBX (Interconnect); Remote RF Sites (Site Controllers -Including Simulcast, Stations); MOSCAD Overlay (Stations, TenSr Channel Banks, Environmental Alarms, Microwave) SMARTNET Monitored by MOSCAD SiteSentry Site Controllers; Stations; Environmental Alarms; Channel Banks Private Data Wireless Network Gateway (WNG); Radio Network Controller (RNe); Base Station E911 - Central ink Classic - Monitored by SEB Teltronics ALl T eltronics ANI E911 - Centralink Classic- Monitored by RAC Teltronics ALl E911 - C2000/Palladium Palladium ALl Teltronics ANI Network Monitoring. OnSite Infrastructure Response and DIspatch Service Approved by Contracts and Comphance 12-19-03 page 4 of 4 ------- - · MOTOROLA Statement of Work Local Radio Combo Package 1.0 Description Local Radio Combo Package provides operational check and board level repair services for mobile, portable, two-way and mobile data. An operational check is an analysis of the Equipment to identify external or internal defects. Local Radio Combo Package also includes service on standard palm microphones and single mobile controls heads, provided that they are required for normal operation of the two-way mobile and are included at the point of manufacture. Service is only included on Equipment specifically named in the applicable Agreement to which this Statement of Work is attached. Local Radio Combo Package excludes repairs to: optional accessories; iDEN accessories; iDEN mobile microphones; non-standard mobile microphones, mobile external speakers; optional or additional control heads, single and multiple unit portable chargers; batteries, mobile antennas; mobile power & antenna cables and power supplies. The following are excluded from Local Radio Combo service unless they are purchased as an option for an additional fee. The options are OnSite, Radio Survey and Analysis, Portable Remote Speaker Microphones, Portable Antenna Replacements Mobile Remote Control Heads. The tenns and conditions of this SOW are an integral part of Motorola's Service Tenns and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Service to be perfonned at the Servicer facility during Standard Business Days. 2.2 Perfonn an operational check on the Equipment to determine the nature of the problem. 2.3 Remove/reinstall mobile or data Equipment from/to Customer's vehicle as needed for additional servicing. 2.4 Test and Restore the Equipment to Motorola factory specifications. 2.5 Remove any dust, and/or foreign substances ITom the Equipment. 2.6 Reprogram Equipment necessary to return Equipment to original operating parameters based on the template in the Equipment, if the template information can be retrieved from the Equipment, or from a backup diskette provided by Customer containing the template information. If the Customer template is not provided or not reasonably usable, a generic template utilizing the latest Radio Service Software (RSS) version for that Equipment will be used. The Equipment will require additional programming by the Customer to Restore the original template. 2.7 Notify Customer upon completion of repair for pickup of Equipment. 3.0 Customer has the following Responsibilities: 3.1 Deliver and pick up Equipment to/from the Servicer facility. 3.2 Inform Servicer of description of problem for Equipment brought in for service. 3.3 If the Equipment will not power up, or if desired, supply Servicer with a backup diskette with the Software template or programming in order to assist in returning the Equipment to original operating parameters. If applicable, record the current ftashcode for each radio. 3.4 If Motorola must use a generic template to restore Equipment to operating condition, Customer is responsible for any programming required to Restore Equipment to desired parameters. 3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Local Radio Combo Package service to Customer. Local Radio Combo Package Page I of I Approved by Motorola Contracts & Compliance 04/30104 · IWO"rOROLA Statement of Work Local Radio Combo Package OnSite Option - Pick up & Delivery 1.0 Description of Service Equipment will be picked up from and delivered to the Customer's location, within a designated radius of the Servicer facility. Schedule pickups will be mutually agreed upon and outlined in the Customer Support Plan. This Option covers Equipment that is specifically named in the applicable Agreement to which this Statement of Work is attached. 2.0 Motorola has the following responsibilities: 2.1 Use reasonable efforts to pickup and deliver Equipment per the mutually agreed upon Customer location, days of week, and preferred time. If a pick up/delivery cannot occur according to the preferred schedule, Customer will be contacted prior to the scheduled pick up/delivery, to arrange a mutually agreeable alternative date and/or time for pick up/delivery. 2.2 Generate service receipt and leave with Customer. 3.0 Customer has the following responsibilities: 3.1 Designate mutually agreeable location for service pickup and delivery, days of week, and preferred time. 3.2 Provide problem description along with unit. Local Radio Combo Package OnSite Option Page I of 1 Approved by Motorola Contracts & Compliance 04/30/04 · MOTOROLA Statement of Work Technical Support Service 1.0 Description of Services The Technical Support service provides centralized remote telephone support for technical issues that require a high level of communications systems expertise or troubleshooting on Equipment. The Motorola System Support Center's (SSe) Technical Support Operation is staffed with technologists who specialize in the diagnosis and resolution of system perfonnance issues. Technical Support Service (i) does not include software upgrades that may be required for issue resolution; and (ii) does not include Customer training (iii) is only available for those system types supported and approved by Technical Support Operations. Technical Support is applicable to the following system types: Astro 25 6.x, SmartZone v2.0.3 and higher, SmartZone/OmniLink, E911, Private Data v2.0.3 and higher, SmartNet and Conventional Two- Way. The tenns and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Tenns and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Respond to requests for Technical Support for the Restoration of failed Systems and diagnosis of operation problems in accordance with the response times set forth in the Remote Technical Support Response Times Table and the Severity Level defined in the Severity Definitions Table. 2.2. Advise caller of procedure for detennining any additional requirements for issue characterization, Restoration, including providing a known fix for issue resolution when available. 2.3. Attempt remote access to System for remote diagnostics, when possible. 2.4. Maintain communication with the Servicer or Customer in the field until close of the Case, as needed. 2.5. Coordinate technical resolutions with agreed upon third party vendor(s), as needed. 2.6. Escalate and manage support issues, including Systemic issues, to Motorola engineering and product groups, as applicable. 2.7. Escalate the Case to the appropriate party upon expiration of a Response time. 2.8. Provide Configuration Change Support and Work Flow changes to Systems that have dial in or remote access capability. 2.9. Detennine, in its sole discretion, when a Case requires more than the Technical Support services described in this SOW and notify Customer ofan alternative course of action. 3.0 Customer has the following responsibilities: 3.1. Provide Motorola with pre-defined infonnation prior to Start Date necessary to complete Customer Support Plan. 3.1.1. Complete database and escalation procedure fonns. 3.1.2. Submit changes in any infonnation supplied in the Customer Support Plan to the Customer Support Manager. 3.2. Contact the SSC in order to access the Technical Support Operation, provide name of caller, name of Customer, System ID number, Service Agreement number, site(s) in questions, and brief description of the problem. 3.3. Supply on-site presence when requested by System Support Center. 3.4. Validate issue resolution prior to close of the Case. Technical Support Service Approved by Motorola Contracts and Compliance 12-19-03 page 1 of2 . MOTOROLA 3.5. Allow Motorola remote access to the System by equipping the System with the necessary Connectivity. 3.6. Acknowledge that Cases will be handled in accordance with the times and priorities as defined in Remote Technical Support Response Times Table and the Severity Level defined in the Severity Definitions Table. 3.7. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Technical Support service to Customer. Severity Definitions Table Severity Level Problem Types Severity I · Response is provided Continuously · Major System failure · 33% of System down · 33% of Site channels down · Site Environment alanns (smoke, access, temp, AC power. · This level is meant to represent a major issue that results in an unusable system, sub-system, Product, or critical features from the Customer's perspective. No Work-around or immediate solution is available. Severity 2 · Response during Standard Business Day · Significant System Impairment not to exceed 33% of system down · System problems presently being monitored · This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub-system, product, or major non-critical features from a Customer's perspective Severity 3 · Response during Standard Business Day · Intermittent system issues · Information questions · Upgrades/preventative maintenance · This level is meant to represent a minor issue that does not preclude use of the system, sub-system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product/system upgrades. Remote Technical Support Response Times Table SEVERITY RESPONSE Severi I Within I Hour from recei t of Notification, Continuousl Severi 2 Within 4 Hours from recei t of Notification, Standard Business Da Severi 3 Within next Business Da , Standard Business Da Techmcal Support Service Approved by Motorola Contracts and Compliance 12-19-03 page 2 of2 -- - · MOTOROLA Statement of Work Infrastructure Repair with Advanced Replacement 1.0 Description of Services Infrastructure Repair is a repair service for Motorola and select third party Infrastructure as set forth in the applicable attached Exhibit(s), all of which are hereby incorporated into this Statement of Work (SOW) by this reference. Customer's System type determines which exhibit is applicable (i.e. SmartZone system exhibit, SmartNet system exhibit). Infrastructure may be repaired down to the Component level, as applicable, at the Motorola Infrastructure Depot Operations (IDO). At Motorola's discretion, select third party Infrastructure may be sent to the original equipment manufacturer or third party vendor for repair. If Infrastructure is no longer supported by the original equipment manufacturer or third party vendor, Motorola may replace Infrastructure with similar Infrastructure, when possible. When available, Motorola will provide Customer with an Advanced Replacement unites) or FRU(s) in exchange for Customer's malfunctioning FRU(s). Non-standard configurations, Customer-modified Infrastructure and certain third party Infrastructure are excluded from Advanced Replacement service. Malfunctioning FRU (s) will be evaluated and repaired by IDO and returned to IDO FRU inventory upon completion of repair. In cases where Advanced Replacement is not available or when a Customer requires the exact serial number to be returned, a FRU may be available on a Loaner basis. The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Use commercially reasonable efforts to maintain an inventory ofFRU. 2.2. Provide, new or reconditioned units as FRU to Customer or Servicer, upon request and subject to availability. The FRU will be of similar kit and version, and will contain like boards and chips, as the Customer's malfunctioning Infrastructure. 2.3. Program FRU to original operating parameters based on templates provided by Customer as required in Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template will be used. 2.4. Properly package and ship Advanced Replacement FRU from IDO's FRU inventory to Customer specified address. 2.4.1. During normal operating hours of Monday through Friday 7:00am to 7:00pm CST, excluding holidays, FRU will be sent next day air via Federal Express Priority Overnight or UPS Red, unless otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges. 2.4.2. When sending the Advanced Replacement FRU to Customer, provide a return air bill in order for Customer to return the Customer's malfunctioning FRU. The Customer's malfunctioning FRU will become property ofIDO and the Customer will own the Advanced Replacement FRU. 2.4.3. When sending a Loaner FRU to Customer, IDO will not provide a return air bill for the malfunctioning Infrastructure. The Customer is responsible to arrange and pay for shipping the malfunctioning Infrastructure to IDO. IDO will repair and return the Customer's Infrastructure and will provide a return air bill for the customer to return IDO's Loaner FRU. 2.5. Provide repair return authorization number upon Customer request for Infrastructure that is not classified as an Advanced Replacement or Loaner FRU. 2.6. Receive malfunctioning Infrastructure from Customer and document its arrival, repair and return. 2.7. Perform the following service on Motorola Infrastructure: 2.7.1. Perform an operational check on the Infrastructure to determine the nature of the problem. 2.7.2. Replace malfunctioning FRU or Components. 2.7.3. Verify that Motorola Infrastructure is returned to Motorola manufactured specifications; as applicable 2.7.4. Perform a Box Unit Test on all serviced Infrastructure. Infrastructure Repair wIth Advanced Replacement Approved by Motorola Contract and Compliance 1-15-04 page 1 of3 · MOTOROLA 2.7.5. Perform a System Test on select Infrastructure. 2.8. Provide the following service on select third party Infrastructure: 2.8.1. Perform pre-diagnostic and repair services to confmn Infrastructure malfunction and eliminate sending Infrastructure with no trouble found (NTF) to third party vendor for repair, when applicable. 2.8.2. Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for repair service, when applicable. 2.8.3. Track Infrastructure sent to the original equipment manufacturer or third party vendor for service. 2.804. Perform a post-test after repair by Motorola, original equipment manufacturer, or third party vendor to confmn malfunctioning Infrastructure has been repaired and functions properly in a Motorola System configuration, when applicable. 2.9. Re-program repaired Infrastructure to original operating parameters based on templates provided by Customer as required by Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template will be used. If IDa determines that the malfunctioning Infrastructure is due to a Software defect, IDa reserves the right to reload Infrastructure with a similar Software version. Enhancement Release(s), if needed, are subject to additional charges to be paid by Customer unless the Customer has a Motorola Software Subscription agreement. 2.10. Properly package repaired Infrastructure unless Customer's malfunctioning FRU was exchanged with an IDa FRO. Motorola will return Customer's FRU(s) to IDa's FRU inventory, upon completion of repair. 2.ll. Ship repaired Infrastructure to the Customer specified address during normal operating hours set forth in 2A.I. FRU will be sent two-day air unless otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges. 3.0 Customer has the following responsibilities: 3.1. Contact or instruct Servicer to contact the Motorola System Support Center (SSe) and request an Advanced Replacement, or Loaner FRU and a return authorization number (necessary for all non- Advanced Replacement repairs) prior to shipping malfunctioning Infrastructure or third party Infrastructure named in the applicable attached Exhibit. 3.1.1. Provide model description, model number, serial number, type of System and Firmware version, symptom of problem and address of site location for FRU or Infrastructure. 3.1.2. Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected to physical damage or lightning damage. 3.1.3. Follow Motorola instructions regarding inclusion or removal of Firmware and Software applications from Infrastructure being sent in for service. 3.1.4. Provide Customer purchase order number to secure payment for any costs described herein. l.l Pay for shipping of Advanced Replacement or Loaner FRU from IDa if Customer requested shipping outside of standard business hours or carrier programs set forth in section 2A.I. 1.2 Within five (5) days of receipt of the Advanced Replacement FRU from IDa's FRU inventory, properly package Customer's malfunctioning Infrastructure and ship the malfunctioning Infrastructure to IDa for evaluation and repair as set forth in 2.7. Customer must send the return air bill, referenced in 204.2 above back to IDa in order to ensure proper tracking of the returned Infrastructure. Customer will be subject to a replacement fee for malfunctioning Infrastructure not properly returned. For Infrastructure and/or third party Infrastructure repairs that are not exchanged in advance, properly package Infrastructure and ship the malfunctioning FRU, at Customer's expense and risk ofloss to Motorola. Customer is responsible for properly packaging the Customer malfunctioning Infrastructure FRU to ensure that the shipped Infrastructure arrives un-damaged and in repairable condition. Clearly print the return authorization number on the outside of the packaging. 1.3 If received, Customer must properly package and ship Loaner FRU back to IDa within five (5) days of receipt of Customer's repaired FRU. IA Maintain templates of Software/applications and Firmware for reloading of Infrastructure as set forth in paragraph 2.3 and 2.9. 1.5 Cooperate with Motorola and perfonn all acts that are reasonable or necessary to enable Motorola to provide the Infrastructure Repair with Advanced Replacement services to Customer. Infrastructure Repair wIth Advanced Replacement Approved by Motorola Contract and Compliance J - J 5-04 page 2 of3 · MOTOROLA 4.0 In addition to any exclusions named in Section 5 of the Service Tenns and Conditions or in any other underlying Agreement to which this SOW is attached, the following items are excluded from Infrastructure Repair with Advanced Replacement: 1. All Infrastructure over seven (7) years from product cancellation date. 2. Physically damaged Infrastructure. 3. Third party Equipment not shipped by Motorola. 4. Consumable items including, but not limited to, batteries, connectors, cables, tone/ink cartridges. 5. Test equipment. 6. Racks, furniture and cabinets. 7. Finnware and/or Software upgrades. Infrastructure Repair with Advanced Replacement Approved by Motorola Contract and Compliance 1-15-04 page 3 of3 · MOTOROLA SmartZone System Inclusions, Exclusions, Exceptions and Notes for Infrastructure Repair Infrastructure Exhibit Antenna Systems Excludes all Equipment such as bi-directional amplifiers, multicouplers, combiners, tower top pre-amplifiers, antennas, cables, towers, tower lighting, and transmission lines. Base Station(s) and Repeater(s) Includes: Quantar, Quantro, Dicital MSF5000 and MTR2000 ONLY. Central Electronics Bank(s) Includes Logging Recorder Interface and Network Hub Channel Bank(s) Includes Premisys and Telco. Excludes Siemens Comparator( s) Includes Spectratac, Digitac, and Astrotac Comparators. Computer(s) Includes computers (Pentium I, II, III, IV) directly interface with or control the communications System, including SiteLens and Systemwatch II. Includes keyboards, mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel display image retention. Console(s) Includes consoles (Centracom II, Centracom Gold Classic, Centracom Gold Elite) as part of complete communication System - ONL y. Includes headset jacks, dual footswitches, and gooseneck microphones. Excludes Centracom I. Controller(s} -Trunking Includes SmartNet II prime and remote controllers. Excludes SSMT and SCMS controllers. Dictaphones and Recording Excludes all types and models. Equipment DiJ!;ital Interface Unit(s) Included Digital Signaling Modem(s) Included upon modem model availability Digital Voice Modem(s} Included upon modem model availability Embassy Switch Includes AEB, AIMI, ZAMBI, AMB Management Terminals Includes computers (Pentium I, II, III, IV) directly interface with or control the communications System, including SiteLens and Systemwatch II. Excludes laptop computers and all 286, 386,486 computers. MBEX(s) or NOVA Interconnect Included Microwave Equipment. Excluded ITom service agreement but may be repaired on an above contract, time and material basis. All Equipment must be shipped to IDO. Excludes anyon-site services. Monitor(s) Includes all monitors connected to computers that directly interface with or control the communications System. Includes flat panel displays and touch screen monitors. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel display image retention. Moscad Only NFM (Network Fault Management), as part of communication System only. Standalone MOSCAD and System Control and Data Acquisition (SCADA) must be Quoted separately. Excludes Fire alanninJ!; systems. Network Fault Management Includes Full Vision. Excludes NMC Printer( s) Includes printers that directly interface with the communications System. RAS(s) Excludes RAS 11 00, llO I and I 102 Receiver(s) Includes Quantar and MTR2000, ASTRO- T AC Receivers. Simulcast Distribution Included Amplifier(s) Site Frequency Standard(s) Includes Rubidium, GPS and Netclocks systems sold with the Motorola System. Universal Simulcast Controller Included Interface( s} UPS Systems. Excluded ITom service agreements but may be repaired on an above contract, time and material basis. All UPS Systems must be shipped to IDO for repair. Excludes anyon-site services. Excludes all batteries. Zone Manager Excludes HP715/33, HP 715/50 servers. Excludes x-terminals NDSI4C and NDSI 7C Zone Controller(s) Includes console terminals. Excludes ALL SunlIMP hard drives except TLN3495A 0820 I GB drive. Excludes the following SUN/IMP CPUSET's: TLN3278B 0406, TLN3343A 0424 and TLN3278A 0181/0389. · MOTOROLA Statement of Work Software Subscription Consoles Only 1.0 Description of Service Motorola will provide to Customer Software Subscription services in accordance with this Statement of Work. Motorola will provide periodic software bulletins to Customer at its address for notice purposes (or at another address that Customer may direct in writing). These software bulletins announce and explain Enhancement Releases and Core Releases for Motorola and Non-Motorola Software that are available to Software Subscription Customers for use with their upgrade-capable Motorola Equipment covered by these services. Motorola will provide applicable Enhancement Releases or Core Releases as ordered by Customer. Software Subscription includes design services for Enhancement Releases only. Motorola will review System audit data (when this service is performed by Motorola) along with an equipment list to avoid potential Software incompatibilities between equipment that is being upgraded versus equipment which is not being upgraded with the Enhancement Release. Motorola will identify additional equipment and engineering (if applicable) for the System that is required as a result of the upgrade and will recommend a plan for installation of this additional equipment in addition to the core or enhancement release. Implementation of this installation plan is not included with the Software Subscription services. Additional Provisions for Software Subscription services that begin after December 31. 2004. concerning SmartZone 4.1 and Astro 25 Trunking Svstems: Motorola recommends that Customer maintains continuity in receiving Software Subscription services until Customer decides to no longer install additional Enhancement Releases. If, contrary to this recommendation, Customer discontinues Software Subscription services and later decides to reinstitute Software Subscription services, then Motorola will provide those Software Subscription services retroactively to the date such services were discontinued. Exclusions The Software Subscription program originated from and was designed to support Motorola's radio systems business. The Software Subscription program does not cover the software, hardware, or services provided by Radio Service Software; ISD; Plant Equipment, Inc. ("Plant") -Motorola's E911 solution subcontractor; or any Motorola business sector other than CGISS. Software not purchased through Motorola is not covered. Software Subscription services are not intended to, and do not, cover software support for virus attacks, games or other applications that are not part of the System, or misuse of the covered Software. Motorola is not responsible for management of anti-virus or other security applications (such as Norton). The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Provide to Customer the software bulletins announcing Enhancement Releases and Core Releases. 2.2 Provide to Customer (in response to a Customer order) those Features included in an Enhancement Release that apply to the Motorola Software in Customer's existing System components. 2.3 Perform the following Software upgrade design: 2.3.1 Review Infrastructure System audit data as needed. 2.3.2 Identify additional System equipment needed to implement an Enhancement Release, if applicable. 2.3.3 Complete a proposal defining the Enhancement Release, Equipment requirements, installation plan, and impact to System users that will fulfill the Customer's upgrade requirements. Software Subscription Approved by Contracts & Compliance -1121105 10f3 · M07'OROLA 2.3.4 Advise Customer of probable impact to System users during the actual field upgrade implementation. 2.4 Provide to Customer (in response to a Customer order) those Standard Features included in a Core Release that apply to the Motorola Software in Customer's existing System components. Optional Features issued with a Core Release are not included under these Software Subscription services but are available to Customer, under a separate agreement at a discount ITom current list price (20% for voice System Optional Features and 15% for data System Optional Features). Once an Optional Feature is provided to Customer, Enhancement Releases for that Optional Feature are available at no additional charge. 3.0 Customer has the following responsibilities: 3.1 Customer must contact its Motorola representative to order an available Enhancement Release or Core Release as directed in the Customer Support Plan. 3.2 Contact Motorola upon receiving a bulletin to engage the appropriate Motorola resources for an Enhancement Release. 3.3 Review Software installation plans and impact to the users with appropriate Customer personnel. 3.4 Cooperate with Motorola and perfonn all acts that are reasonable or necessary to enable Motorola to provide these services to Customer 4.0 Special provisions: the following provisions apply to the Software Subscription services: 4.1 Customer acknowledges that if its System has a Special Product Feature, additional engineering may be required to prevent an installed Enhancement Release or Core Release ITom overwriting the Special Product Feature. Upon request, Motorola will determine whether a Special Product Feature can be incorporated into an Enhancement Release or Core Release and whether additional engineering effort is required. 4.2 Customer is encouraged to install periodically Enhancement Releases because they may include minor perfonnance enhancements and will keep the System current. In addition enhancement releases may contain updated versions of third party software enabling customers to obtain optimal support for these products. Customer is encouraged to migrate the Motorola Software to the most current Core Release because Enhancement Releases are available for a limited time for a given core release as defmed by Motorola's life cycle roadmap.. If Customer's System is not maintained to a currently supported Software version, all Core Releases and Enhancement Releases may not be compatible with Customer's existing System. 4.3 Additional hardware, software, or engineering services may be required if Customer desires to upgrade or migrate to a particular Core Release or Enhancement Release. If the size and complexity of Customer's System warrants, Motorola may provide consultation services to detennine the technological, operational and fmancial impact of installing a particular Core Release or Enhancement Release on the System, pursuant to a separate agreement. Customer must pay for such consulting services and for any other engineering services, hardware, and software that are required to upgrade or migrate Customer's System due to each Enhancement Release or Core Release that Customer orders. 4.4 Customer may use the Software (including any Enhancement Releases and Core Releases) only in accordance with the applicable Software License Agreement. Nothing in this Statement of Work or caused by Motorola rendering these Software Subscription services is intended to modify the Software License Agreement or to alter Motorola's intellectual property rights in and to its Software. 4.5 Software Subscription services do not include repair or replacement of hardware or Software caused by defects that are not corrected by the Enhancement Releases and Core Releases, nor does it include repair or replacement of defects resulting ITom any nonstandard or improper use or conditions or trom unauthorized installation of Software. 4.6 Customer may tenninate Software Subscription services at any time by giving written notice of tennination to Motorola. Such tennination will be effective at the next annual anniversary date following Motorola's receipt of the notice oftennination and may be partial if that is reasonably necessary to accommodate a significant change to Customer's System configuration. 4.7 These Software Subscription services and the parties' duties described in this Statement of Work will automatically tenninate if Motorola no longer supports the Software version in Customer's System or discontinues the Software Subscription program; in either case, Motorola will refund to Customer any prepaid fees for Software Subscription services applicable to the tenninated period. Software Subscription Approved by Contracts & Compliance -1/21/05 20f3 · MOTOROLA 4.8 Motorola may suspend or terminate these Software Subscription services, if Customer fails to pay Motorola any fees for Software Subscription services when due, Customer breaches the Software License Agreement or the Agreement, Customer's rights to use the Software under the Software License Agreement expires or is terminated, or Customer replaces its Motorola System with a system from another manufacturer. Software Subscription Approved by Contracts & Comp/zance -1/21/05 30/3 [IT' DF DELIA' BEA[H ~ cm ATTORNEY'S OFFICE )00 Y\' A TLA '\TIC \ \ [~TE . DURAY BEACH. FLORIDA 33444 __ POLICE LEGAL ADVISOR TH[l'!fO;-"!:. ')6]213-"7:-;23 . FAC~I~IILE '561/243-7H15 , III J! POLICE LEGAL ADVISOR MEMORANDUM 1993 To: Mr. David Harden, City Manager / From: Catherine M. Kozol, ¡/-'" Police Legal Advisor Date: May 16, 2005 Re: Villas of Rainberry Traffic Enforcement Agreement - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Attached for your review and insertion on the Consent Agenda are three originals of the traffic enforcement agreement with Villas of Rainberry Homeowner's Association. The Agreement will allow the Police Department to enforce state and local traffic laws on the private roads of the Villas of Rainberry. The contract shall also mandate that the Homeowner Associations comply with speed limits set by Florida Statute and follow Department of Transportation standards for traffic control devices. The Police Department feels that allowing enforcement of state and local traffic laws will enhance our presence in the area and have a more direct impact on crime in that area. The Association will pay $1.00 per month to cover the costs of enforcement and has added the City as an additional insured on the liability insurance policy. A copy of the Certificate of Insurance is enclosed. If this Agreement meets with your approval, would you kindly place this on the Consent Agenda at the next scheduled Commission meeting. When all of the agreements have been signed, I would appreciate it if you would return one original to me for forwarding to the Homeowner's Association. Thank you for your courtesy and attention. Ath/encs. cc: Susan Ruby, City Attorney Chevelle Nubin, City Clerk Chief Joseph L. Schroeder ~:T VILLAS OF RAINBERRY HOMEOWNER'S ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT WHEREAS, the CITY OF DELRA Y BEACH, FLORIDA, (hereinafter referred to as "CITY") through its Police Department, wishes to make its Community Policing efforts in THE VILLAGS OF RAINBERRY as effective as possible; and WHEREAS, the VILLAS OF RAINBERRY HOMEOWNER'S ASSOCIATION (hereinafter referred to as "ASSOCIATION") is desirous of the enforcement of state and municipal traffic laws on its property; and WHEREAS, both the CITY and the ASSOCIATION feels that such enforcement will make the Community Policing effort a more positive influence on the community; and WHEREAS, F.S. 316.006(2),(b),(1 ),(2) allows for such enforcement on private roads pursuant to a written agreement approved by the City Commission which provides for reimbursement for actual costs of traffic control and enforcement liability insurance and indemnification and other terms as are mutually agreeable by the parties. Now, therefore, for the mutual consideration, covenants, and matters set forth herein, as of the date set forth below, the parties hereto do hereby agree as follows: 1. The CITY does hereby agree to enforce all state and municipal traffic laws on all private roads owned by the ASSOCIATION. 2. The enforcement of the traffic laws will occur 24 hours, 7 days a week. 3. The ASSOCIATION shall hereby pay to the CITY $1.00 per month to cover the actual costs of the traffic control and enforcement incurred by the CITY. 4. The speed limit shall be that set by Florida Statute 316.183(2) and 316.189(1) of 30 mph. 5. Signs posting the speed limit must comply with Manual Uniform Traffic Control Devices used by the Department of Transportation and F.S. 316.189(3). 6. Stop signs must conform to the manual and specifications of the Department of Transportation as stated in Florida Statute 316.006(2)(b)(3). 7. The ASSOCIATION shall defend, indemnify and hold harmless the CITY, its agents, officers, officials and employees from any and all claims, suits, causes of actions or any claims whatsoever made arising from any and all acts 1 --------- - of traffic control and traffic enforcement that occur on the ASSOCIATION'S property following the date of this agreement. Nothing herein shall be deemed a waiver of the privileges and immunities granted to the CITY under F .S. 768.28. This indemnification shall survive the cancellation of this agreement. 8. The ASSOCIATION shall provide liability insurance to cover the indemnification in the amount of $100,000 and name the CITY as an additional insured. 9. This agreement shall take effect upon execution and approval by the Delray Beach City Commission and the VILLAS OF RAINBERRY HOMEOWNER ASSOCIATION and shall continue in full force and effect until rescinded by either party. This Agreement shall automatically renew upon payment of the yearly fee. 10. Either party may cancel their participation in this agreement upon delivery of 30 days written notice to the other party. Cancellation will be at the direction of the subscribing party. 11. In any action brought to enforce any provision of this agreement, the prevailing party shall be entitled to the relief sought plus all costs incurred and reasonable attorneys' fees. 12. The ASSOCIATION, by signing below, affirms that they have read and understand this agreement and that they have been given the opportunity to have the attorney of their choice review this agreement. This agreement made and entered into on this /1 day of May, 2004. City of Delray Beach, Florida Villas of Rainberry Homeowner Assn. By: ¡-rø Jeff Perlman, Mayor : John C. Dowling J ., resident iIIas of Rainberry Homeowner Association ATTEST: City Clerk Approv to form g sufficiency: 2 98-PK-7476-6 Policy Number EVIDENCE OF INSURANCE Replaced Policy Number A CONDOMINIUMI 'TAT! FA.. A INSURANCE ASSOCIATION POLICY ( ) INIURANC\ Coverage afforded by this policy is provided by the Company indicated below: 181 STATE FARM FIRE AND CASUALTY COMPANY A Stock Company. Bloomington, Illinois o STATE FARM GENERAL INSURANCE COMPANY A Stock Company, Bloomington. Illinois o STATE FARM LLOYDS COMPANY A Lloyds Company. Dallas, Texas This is to certify that the Company indicated above has the following insurance in force: Unitowner's Name and Mailing Address Insured's Name and Mailing Address Automatic Renewal - If the Policy Peñod is THE VILLAS OF RAINBERRY shown as 12 Months, this policy will be HOMEOWNERS ASSOC INC renewed automatically subject to the C/O H J GALLUP premiums, rules and fonns in effect for each 235 NE 6TH AVE STE E succeeding policy period. If this policy is DELRAY BEACH, FL 33483 tenninated, we will give you and the Mortgagee written notice in compliance with the policy provisions or as required by law. The Policy Period begins and 02/24/05 Effective Date ends at 12:01 a.m. Standard 12 Months Policy Peñod Time at the building locations 02 24 06 Expiration of unless otherwise stated. Policy Peñod o Noon Standard Time Policy Type o Basic Fonn 1 I8Is cial Fonn 3 Umits of Uability Coverage $ 83700 A Buildings $ 1000000 L Business Liability Deductible In case of a loss we cover only that part $ 1000 of the loss over the deductible stated. Fonns, Options & Endorsements Additional Insured: City of Delray Beach 100 NW 1st Ave. Delray Beach, FL 33444-2612 Unitowner Mortgagee Loan Number Agent' 662 Agent's Code (561) 276-0330 Telephone Number 04/28/2005 Date 558-9118.4 Rev. 08-95 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERtr1 SUBJECT: AGENDA ITEM # ~K - REGULAR MEETING OF JUNE 7.2005 SERVICE AUTHORIZATION #l/SIMMONS AND WHITE. INC. DATE: JUNE 3, 2005 This is before the Commission to approve Service Authorization No.1 to Simmons and White, Inc. in the amount of $15,700.00 for the design and preparation of construction documents for modifying the existing u-turn into an Intracoastal Park ingress turn for southbound US 1 vehicles. Funding is available from 334-4174-572-63.90 (Other Improvements). Recommend approval of Service Authorization No. 1 to Simmons and White, Inc. in the amount of $15,700.00 for the U.S. 1 Turn Lane at Intracoastal Park Project. s:\C.ty Clerk\agenda memos\SA t Sammons and Wlute US 1 Turn Lane Immcoastal Park 060705 , . www.delrayesd.com City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden ;J FROM: Randal L Krejcarek, P.E. ,¿ I DATE: 13 May 2005 SUBJECT: US 1 Turn Lane at Intracoastal Park Service Authorization with Simons and White, Inc. Project #2005-044 The attached agenda request is for Commission authorization/approval for Mayor to execute service authorization with Simons and White, Inc., for the design and preparation of construction documents for modifying the existing u-turn into an Intracoastal Park ingress turn for southbound US 1 vehicles. The attached map shows the locations of this project. Total Cost of Service Authorization = $ 15,700.00. Funding will be provided from account #334-4174-572-63.90. Please place this item on the 07 Jun 2005 Commission Agenda. Thanks! Ene ee file S IEngAdmmIProjectsI200S1200S-04410FFICIAL\200S-06-07 agenda memo doc -- a a I U z a::: r- N 1<") '<t ~ S.E. 8TH ST. « 3: S.E. 8TH ST. D 0::: W ~ S.E 8TH I- « CT. « w >- >- > r- « 3: (f) w W w 3: s: ~ vi vi vi w I I (f) SE 9TH ST. ¡!: l"- S E 9TH ST. ---1 ---1 « « 0::: 0::: W W W vi 0 0 W W LL LL 10TH ST. SITE 0 > ....J CD WILSON AVE. ~ « ~ CENTRAL AVE S.E. 12TH RD. -..J « l- (/) COLLINS AVENUE « 0 ü [ « 0::: I- Z - r rn ~ CITY of DELRA Y BEACH u.s. 1 TURN LANE DATE' 5/05 : ENVIRONMENTAL SERVICES DEPARTMENT Location Map G4 8Ot1TH SWINTON AVBIE, CB..RAY BEACH. R...OFIDA 33444 PrOject # 2005-044 1 of 1 EXHIBIT A CONSUL TING SERVICE AUTHORIZATION PROJECT NUMBER DATE: April 14.2005 SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE' US HiQhway One (Federal HiQhway) Turn lane @ Intracoastal Park CITY PIN 2005- 044 This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract TITLE: City Marina Turn lane Modifications I PROJECT DESCRIPTION US HiQhwav One (Federal HiQhwav) Turn Lane at Intracoastal Park . Engineering design and permitting for the construction of a modified southbound turn lane to relocate the existing "hot u-turn" to create a channelized left turn lane to align with the proposed City Marina access. The tapers for northbound US Highway One (Federal Highway) to transition from two lanes to three lanes following the elimination of the "hot u- turn" will also be included. The design of the modifications will conform to the requirements of the FOOT and the City of Delray Beach Simmons & White, Inc. will schedule and attend meetings with the FOOT and the City of Delray Beach to discuss and coordinate the proposed improvements. Simmons & White, Inc will prepare a permit application package for the proposed modifications for the review and approval by FOOT and the City of Delray Beach. II SCOPE OF SERVICES Phase I - Conceptual Plan Phase NA Phase II - Preliminarv DesiQn Phase Consultant shall provide preliminary design phase. 1 A preliminary design shall be used to accurately define the scope and characteristics of the project Development of this document will begin Immediately after the first project meeting, and will be used to direct the activities necessary to design the facilities and develop construction documents. This document will include verification of existing right of way limits Verification of right of way shall consist of research of recorded plats and S:\EngAdmin\Projects\2005\2005-044\CONTRACT\us1 turn lane at park sa rev02.doc other documents on file with the City of Delray Beach and Palm Beach County. A title search is not included 2. Field reconnaissance of the project area will be performed. Photograph log of the area will be included. In addition, potential underground existing facilities will be identified. 3. Coordination with utility agencies shall be performed to collect record information. This includes' reconciling apparent discrepancies between record information and existing photographic and field-verification information. Initial meetings will be conducted with the utility companies to determine the requirements and time frames for the relocation of utility facilities underground, If required. 4. A preliminary plan for the proposed roadway modifications will be prepared. All efforts will be made to minimize known utility and structural conflicts. The preliminary plans will be reviewed with the City of Delray Beach. 5 Following selected preliminary City review, a preliminary cost opinion including construction cost and allowance for engineering costs and contingencies shall be prepared. 6 At the outset of the project, the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have Jurisdiction over the project include: Florida Department of Transportation (FOOT), and City of Delray Beach. A table listing the identified permitting agencies and associated permit fees shall be prepared and included in the preliminary phase of the project. Fees to be paid by the City of Delray Beach 7. Consultant shall submit a summary letter to the City which outlines decisions made in the preliminary design phase. Phase III - Final Desian Phase Consultant shall provide final design phase services for the project. 1. Consultant shall prepare construction drawings which shall include: cover sheet, general notes, signing and pavement marking plans, and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards The drawing scale shall be 1" = 20' for plan. Consultant shall prepare the engineering design elements on topographic survey information prepared by Consultant's surveyor using AutoCAD 2005 format. 2. Contract documents consisting of "front-end" documents and technical specification shall conform to City of Delray Beach Standards and the FOOT Standard Specifications for Road and Bridge work. Consultant shall furnish digital copy of contract documents in Microsoft Office compatible format. 3. Drawings and specifications (two copies) shall be submitted for City review at 60%, and 90% stages. Consultant shall meet with the City to discuss comments, and incorporate comments into final documents. Each submittal will be reviewed via a review meeting with the Consultant. 2 4 Consultant shall furnish with the 100% design drawings, one (1) mylar set, one (1) set of CAD files in electronic format on a CDrom per the City of Delray Beach standards. One (1) set of CAD files in DWF electronic format, and one (1) set of contract specifications and cost estimates in PDF electronic format per the City of Delray Beach standards will also be provided. 5 Prior to bidding, Consultant shall prepare a detailed opinion of probable construction cost based upon the completed final design drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. Phase IV - Biddina/Neaotiation 1. Consultant shall assist City In advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. 2. Consultant shall issue addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders dUring the bid proJect. Consultant shall provide City with PDF files of all written addenda, and DWF files of all addenda drawings, in electronic format 3. Consultant shall attend the bid opening, shall prepare and furnish digital copy of bid tab sheets In Microsoft Office compatible format and assist City In evaluating bids and proposals. Consultant shall submit to City a written recommendation concerning contract award. Other - Survey Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. All eXisting facilities and utilities within the full right-of-way of the established construction limits will be referenced by baseline station with an offset distance (left or right) from baseline for the project and will Include the following. 1 Topography survey at minimum 50-foot intervals and at major ground elevation changes to depict existing ground profile at proposed project area. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall Include the following: a Location of all visible fixed improvements within the road right-of-way (including 5-feet back on each side of the right-of-way) of the project limits, Including physical objects, roadway pavement, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point curvature and point of tangency. b. Location of all known above ground existing utilities: FP & L, BellSouth, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters). Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe 3 ------------------ ---- --- - ---- diameter, manhole inverts and direction, rim elevations, laterals, and clean-outs), Storm Sewers (pipe diameter, manhole invert elevations and direction, catch basins, and rim/grate elevations), and all other accessible structures. This will include coordination with the City of Delray Beach. Underground piping shall be pot-holed by City in a timely fashion. c Identify platted rights-of-way (including bearing and distances for centerline. d. Elevations shall be indicated every 50 feet, at a minimum, to indicate centerline grades, edge of pavement grades and shoulder grades, low points and all rlght- of-way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Sufficient grades shall be indicated in the driveways and parking areas to indicate direction of grade. e. Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an existing established City or County Benchmark. 2. The above topographical survey data will be prepared in AutoCAD 2005 format at a scale of 1" = 20', as one continuous file. Other - Permittina At the outset of the Design Phase the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements Agencies anticipated to have jurisdiction over the project include: Florida Department of Transportation (FDOT), and City of Delray Beach Permit applications shall be completed for City of Delray Beach. Associated permit application fees shall be determined by Consultant and paid by City. In addition to preparing the permit applications for appropriate regulatory agencies, Consultant shall assist the City in consultations with the appropriate authorities. Consultation services shall include the following: · Attend up to one (1) pre-application meeting with the staff of each of the regulatory agencies. · Attend up to two (2) meetings with each of the regulatory agencies during review of the final permit applications. · Respond to request(s) for additional information from each agency. ADDITIONAL SERVICES Consultant shall provide additional engineering services related to the provision of roadway improvements to the project area that are not covered under this Service Authorization These additional services may be required to address uncertainties discovered during survey, soils investigations, field verification of existing facilities and conditions, potential property or 4 - easement acquisitions, and services during construction necessary to certify the completed work to the governing agencies. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notlce-to-Proceed issues shall contain the following information and requirements. · A detailed description of the work to be undertaken. · A budget establishing the amount of the few to be paid in accordance with the Agreement · A time established for completion of the work. III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to-proceed). Enqineerinq Services Time per Phase Cumulative Time Phase 1(1) 6 weeks 4 weeks Phase II 4 weeks 10 weeks Phase 111(2) 4 weeks 14 weeks Phase IV 4 weeks 18 weeks (1)lncludes field survey (2) Permits will be prepared during Phase 11/ time period. IV. COMPENSATION The compensation for services provide shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase Enqlneerinq Services Estimated Fees Phase I - Conceptual Design Phase (NA) $ 0.00 Phase II - Preliminary Design Phase $ 4,000.00 Phase III - Final Design Phase $ 6,000.00 Phase IV - Bidding Phase $ 2,000.00 Field Survey $ 3,500.00 Out of Pocket Expenses $ 200.00 TOTAL PROJECT COST $15,700.00 Notes: (1) Out-of-Pocket Expenses include the following: printing/reproduction and postage. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered In the previous phase or as encompassed by the previous service authorization. If the City In its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without Incurring any further liability The CONSULTANT may not commerce work on any 5 ------- -- - ------- service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CONSUL TANT: SIMMONS & WHITE, INC Date Date April 14, 2005 By: Mayor (Seal) Witness Witness Attest: Attest: BEFORE ME, the foregoing instrument, this 14th Approved as to Legal day of April ,2005, Sufficiency and Form was acknowledged by Robert F Rennebaum on behalf of the Corporation and said person executed the same free and voluntarily for the for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this 14th day of April ,2005. Notary Public' Sarah Abercrombie State of Florida County of Palm Beach My Commission Expires: 01/30/2009 6 City of Delray Beach Survey Requirements The survey should Include the following: 1. Platted rights-of-way (include bearing and distances for centerlines. 2 All improvements, physical objects, driveways, and significant landscape (i.e. trees, shrubs) within the right-of-way. 3. All underground utilities. Inverts on sanitary and storm sewers shall be indicated as well as, locations of water valves and meters. Coordination with the Sunshine State Call One Center for location of other underground utilities shall be the surveyor's responsibility 4. All topographical surveys shall have stationing established from south to north and west to east where applicable 5. Elevations shall be indicated every 50 feet, at a minimum, to indicate centerline grades, edge of pavement grades, and shoulder grades Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks Two grades (one at the right-of-way line and one 15 feet back) shall be indicated on the driveways to indicate direction of grade. 6. The survey shall include topography of the complete turn lane and modification area 7 ----~- - --- ----------------------------- Date: 13 Mav 2005 AGENDA ITEM NUMBER: ~ 0 '. ."" AGENDA REQUEST Request to be placed on: ~ Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda vVhen: 07 J un 2005 Description of Agenda Item (who, what, where, how much): Request for Commission authorization/approval for Mayor to execute serVIce authorization with Simons and vVhite, Inc., for the design and preparation of con:structlOn documents for modifying the existing u-turn into an Intracoastal Park ingress turn for southbound US 1 vehicles. Total Cost of Service Authorization = $ 15,700.00. Recommendation: APprov~ S'. {(~.O5 Department Head Signature: ~ t ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available:~e~o Initials: I/bt Account Number '331 -L//7LJ- 572. ß-9[) Description ().ifxr I tn¡JT2Jý.{~S Account Balance: ~ 870/ SIt/. 5 7 Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: @I No Initials: zt1- Hold Until: Agenda Coordinator Review: Received: s. \EngAdmm \ProJects \2005\2005·044 \0 FFICIAL \2005-06-07 agenda doc - - ---- - - ----~ - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~1 SUBJECT: AGENDA ITEM # <¿5;L - REGULAR MEETING OF JUNE 7. 2005 CHANGE ORDER NO. 2(CONTRACT ADDITION.)/ROSSO PAVING AND DRAINAGE, INC. DATE: JUNE 3, 2005 This is before the Commission to approve a Contract Addition (Change Order No.2) between the City and Rosso Paving & Drainage, Inc. in the net add amount of $45,175.00 to begin development of the Temple Sinai Park by constructing a temporary athletic field for the new high school. Funding is available from 380-4150-572-63.23 (2004 G.O. Bond/Neighborhood Parks). Recommend approval of a Contract Addition (Change Order No.2) with Rosso Paving & Drainage, Inc. in the net add amount of $45,175.00 00 to begin development of the Temple Sinai Park by constructing a temporary athletic field for the new high school. S:\Clty Clerk\agenda memos\CO 2 Rosso HS Athletic Field 060705 - --------- City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www mydelraybeach com TO: r FROM: VICTOR MAJTEN SUBJECT: PLUMOSA PARK IMPROVEMENTS, (PIN 2003-061) Agenda Request; Change Order #2 (Contract Addition) for Clearing of Temporary School Field. DATE: JUNE 1, 2005 Attached is an Agenda Request for City Commission to approve Change Order #2 (Contract Addition) to the Plumosa Park Improvements Project in the net add amount of $45, 175.00 to Rosso Paving & Drainage, Inc. for the construction of a temporary practice field for the new High School. The area is located at the north end of the City owned lot north of Temple Sinai, an area approximately 160 x 300ft. The change order includes but not limited to c1earing, grubbing, tree removal, grading of existing fill material, insta lIation of a complete and operating irrigation system, fencing, and sodding of entire area. Quotes were solicited from vendors under current contract with the City having the equipment and resources in accomplishing the task, specially, Rosso Paving & Drainage, Inc. and Almazan Brothers, Inc. with quotes respectively in the amounts of$45,175.00 and $76,783.00. A \I changes for the project are itemized on the attached Exhibit A and B to Change Order #2. Staff recommends the City Commission approve Change Order #2 (Contract Addition) in the add amount of S45,175.00 to Rosso Paving and Drainage, Inc. for construction of a temporary athletic field for the new High School. Funding will be available from 380-4150-572-63.23, 2004 G.O. Bondi Neighborhood Parks, after a budget transfer. cc Richard Hasko, Director of ESD Rafael Ballestero, Dep Director of Construction, ESD City Clerk's Office Agenda File 06/07/05 File 2003-061 (A) S \F:ngAdmm\ProJects\2003\2003-061 \CONSTRC1ìAgd mem CO#2 Rev Rosso 06 07 05 doc CITY OF DELRA Y BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2 (Contract Addition) PROJECT NO. 03-061 DATE: PROJECT TITLE. Plumosa Park Improvements TO CONTRACTOR: Rosso Paving & Drainage, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS JUSTIFICA TION: Add the following scope of work to the contract: In the City owned retention lot north of Temple Sinai and just south of the L-33 Canal, an area approximately 160' x 300', completely clear, grub, remove trees, grade existing fill matenal, Install a complete and operating irrigation system, and sod entire area Refer to attached Exhibit "A" and "8" SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $248,160.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $13.535.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $261,695.00 COST OF CONSTRUCTION CHANGES THIS ORDER $45.175.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $306,870.00 PER CENT INCREASE THIS CHANGE ORDER 18.2 % TOTAL PER CENT fNCREASETO DATE 23.7 % CER TI FlED 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. Rosso Paving & Drainage, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from accounts: 380-415"'572-63.29 ($45,175.00). 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\2003\2003-061\CONSTRClìCO#2Rev Fm Rosso 06 07 05 doc Agenda Item No.%L AGENDA REQUEST DATE: June 1, 2005 Request to be placed on: -L Regular Agenda _ Special Agenda _ Workshop Agenda WHEN. June 7, 2005 Description of item (who, what, where, how much): Change Order #2 (Contract Addition) to the Plumosa Park Improvements proJect, PIN 2003-061, in the add amount of $45,17500 to Rosso Paving & Drainage, Inc for the construction of a temporary practice field for the new High School The change order Includes but not limited to clearing, grubbmg, tree removal, gradmg of eXisting fill material, installation of a complete and operating irrigation system, fencing, and sodding of entire area Funding will be available from 380-4150-572-63.23, 2004 G.O Bond/ Neighborhood Parks, after a budget transfer ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Approve Change Order #2 (Contract Addition) to Rosso Paving & Drainage, Inc for the above refereaeef. ) ~ Department Head, . ~ ~ :.<I ~- 3, Cû Signature "I - ~ Determination of Consistency with Comprehensive Plan City Attorney Review/Recommendation (If applicable) Budget Director Review (reqUlre~n all items Involving expenditure of funds)' ~IW' ~ Funding available ES/NO Funding alternatives (If applicable) Account No & Description See above Account Balance See above City Manager Review' @ P1 Approved for agenda' E /NO Hold Until' Agenda Coordmator Review. Received' Placed on Agenda Action. Approved/Disapproved file 2003-061 (A) S \1 ngAdmm\ProJects\2003\2003-061\CONSTRC1ìAgnd req CO#2 Rev Rosso 06 07 05 doc Memorandum ~~ All-America City Community Improvement ' III I! Horticulturist 1993 2001 TO: DAVID T. HARDEN, CITY MANAGER THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT lØ FROM: NANCY DAVILA, HORTICULTURIST ð);) RE: AMENDMENT TO THE LINTON BOULEVARD FINANCIAL ASSISTANCE AGREEMENT FOR LANDSCAPING BETWEEN CONGRESS AVENUE & MILITARY TRAIL DATE: MAY 23, 2005 ITEM BEFORE THE COMMISSION: The item before the Commission is the request for approval of the amendment to the Linton Boulevard Financial Assistance Agreement with Palm Beach County, extending the deadline for reimbursement until March 31, 2006. BACKGROUND: The original agreement was approved March 16,2004 and required all requests for reimbursement to be made prior to December 31,2004. The project was delayed since the widening of the street was not completed on time, and further I was gone for six weeks last year with the Family Medical Leave Act and unable to get the beautification portion of the project back on track as quickly as hoped. The revised agreement will be extended until March 2006. The project is scheduled to be completed by November 1,2005, which will give us time to close out the contract and submit for reimbursement. RECOMMENDATION: Staff recommends the Commission give favorable consideration to the amendment to the Financial Assistance Agreement R2004-0427, for Linton Boulevard, between the City and Palm Beach County, which allows for a fifteen month extension in the deadline to apply for fmancial reimbursement. ~tJ\ I I AMENDMENT TO fiNANCIAl ASSISTANCE AGREEMENT WITH CITY Of DELRA Y BEACH fOR < LINTON BOULEVARD BEAUTifiCATION 1 ,AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENT DATED MARCH 16,2004 2 FOR THE CITY OF DELRAY BEACH FOR LINTON BOULEVARD BEAUTIFICATION , 3 THIS AMENDMENT is made to the Financial Assistance Agreement (R2004- ! 4 0427) dated March 16, 2004, by and between CITY OF DELRAY BEACH, a municipal 5 i corporation of the State of Florida, hereinafter "CITY", and BOARD OF COUNTY 6 ! COMMISSIONERS OF PALM BEACH COUNTY, a political subdivision of the State of 7 I Florida, hereinafter "COUNTY". 8 WIT N E SSE T H: ! 9 I WHEREAS, on March 16, 2004, CITY and COUNTY entered into a Financial 10 Assistance Agreement (R2004-0427) providing for reimbursement funding of the cost of 11 CITY's planned IMPROVEMENTS on COUNTY's Linton Boulevard from Military Trail to ¡ I i 12 Congress Avenue, in an amount not to exceed THREE HUNDRED THOUSAND AND 13 00/100 DOLLARS ($300,000.00); and 14 WHEREAS, R2004-0427 provided for a completion date of December 31,2004; and 15 WHEREAS, the completion date of the IMPROVEMENTS has been delayed due to 16 CITY staff having to redesign the irrigation within the project due to budgetary issues; and 17 WHEREAS, COUNTY and CITY desire that this amendment shall relate back to 18 March 16, 2004, and the Contract continued without interruption nor lapse and its term 19 extended until March 31, 2006; and 20 NOW, THEREFORE, in consideration of the mutual covenants, promises, and 21 agreements herein contained, the parties agree as follows: 22 1. The Financial Assistance Agreement dated March 16, 2004, by and between 23 CITY and COUNTY shall be continued, without interruption nor lapse in its term or 24 effect, expiring March 31,2006. Accordingly, the Agreement is hereby amended to I 25 revise paragraph 9 as follows: 26 I 9. All installation of these IMPROVEMENTS shall be completed and final I 27 I invoices submitted to COUNTY no later than March 31,2006, and i 28 COUNTY shall have no obligation to CITY or any other entity or ! 29 person for any cost incurred thereafter. 30 2. It is the intent of the parties hereto that this AMENDMENT shall not become 31 binding until the date executed by the Board of County Commissioners of Palm 32 Beach County. 33 3. All other provisions of the Financial Assistance Agreement dated March 16, I 34 2004, shall remain in full force and effect. ' 1 AMENDMENT TO fiNANCIAL ASSISTANCE AGREEMENT WITH CITY Of DELRA Y BEACH fOR LINTON BOUL~ARD BEAUTIFICATION I 1 IN WITNESS WHEREOF, the parties have executed this Agreement and it is ¡ ! 2 effective on the day first above written. 3 PALM BEACH COUNTY, FLORIDA, BY CITY OF DELRAY BEACH 4 ! ITS BOARD OF COUNTY COMMISSIONERS BY ITS CITY COMMISSION 5 By: By: 6 TONY MASILOTTI, CHAIRMAN MAYOR 7 (COUNTY SEAL) (CITY SEAL) : 8 ATTEST: ATTEST: 9 SHARON R. BOCK, CLERK & COMPTROLLER 10 By: By: 11 DEPUTY CLERK CITY CLERK ! 12 By: By: 13 APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND 14 SUFFICIENCY LEGAL SUFFICIENCY 15 ASSISTANT COUNTY ATTORNEY CITY ATTORNEY I 16 By: 17 APPROVED AS TO TERMS AND I' 18 CONDITIONS ¡ F:lMtdlan\JTWlBCC03.o4\AGR_AMD _LINTON-MILIT ARY _ CONG.doc i I 2 . Date: June 1, 2005 Agenda Item No. ~(V\ . AGENDA REQUEST Agenda request to be placed on: _X_Regular _ Special _ Workshop Consent - When: June 7, 2005 Description of Agenda Item: Amendment to the Linton Boulevard Financial Assistance Agreement for Landscaping Between Congress A venue and Military Trail OrdinanceIResolution Required: Yes I No Draft Attached: Yes I No Recommendation: Approval Department Head Signature: ~ptUf - City Attorney ReviewIRecommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes I No Funding Alternatives: (if applicable) Account # & Description: City Manager Review: Approved for agenda: @/ No ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved --~-- ~ City of Delray Beach Community Development Division M E MO RAN DU M TO: David T. Harden, City Manager THRU: Lula Butler, Director of Community Improvement tf!} FROM: Kendra W. Graham, C.D. Administrator ~ DATE: June 1, 2005 SUBJECT: 2004-2005 Community Development Block Grant Subrecipient Funding Agreement - Top Notch Hair Dimensions ITEM BEFORE CITY COMMISSION Approval is requested to execute an agreement for funding with the above listed subrecipient under the 2004-2005 Community Development Block Grant (CDBG) Program. BACKGROUND In accordance with 24 CFR 570.301, a Public Hearing was held before the City Commission on August 6, 2002, to obtain public comments on the proposed budget and for the approval of the Community Development Block Grant Consolidated Action Plan for Fiscal year 2002-2003. The Action Plan contained an appropriation for economic development activities and was approved by the Commission. CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the disbursement of funds to subrecipient organizations, specifying the work to be perfonned and reporting requirements, among other necessary requirements and governing provisions. This agreement has been developed in accordance with the stated regulations and has been reviewed and approved by the City Attorney for legal sufficiency and fonn. RECOMMENDATION Staff recommends approval and execution of the attached agreement in order that funding may proceed in accordance with the Commission approved Action Plan for Fiscal Year 2002-2003. ~N --~- FY 2004 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRA Y BEACH and TOP NOTCH HAIR DIMENSIONS THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and TOP NOTCH HAIR DIMENSIONS, hereinafter referred to as "TOP NOTCH," having its mailing address as 85 SW 5th Avenue, Delray Beach, 33444 WIT N E SSE T H: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an economic development activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (Le., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which TOP NOTCH will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK TOP NOTCH shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Twentv-five Thousand dollars ($25.000.00). 3.2 The CITY will be billed by TOP NOTCH and will disburse one lump sum payment to be made no later than December 31, 2005. Bills shall be submitted by TOP NOTCH at least two weeks in advance. 3.3 Status reports shall be submitted by TOP NOTCH per the following schedule, in a format prescribed by the CITY: a. An annual report is due on October 10, 2006, in a format prescribed by the CITY, showing condition and use of said equipment. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2004, to September 30, 2005. 2 ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Pavments/Aareement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by TOP NOTCH as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to TOP NOTCH. If this Agreement is terminated by the CITY as provided herein, TOP NOTCH will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of TOP NOTCH: At any time during the term of this Agreement, TOP NOTCH may. at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, TOP NOTCH shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 TOP NOTCH agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 TOP NOTCH shall submit annual reports in a format prescribed by the CITY per the schedule in Article III of this Agreement. 6.3 TOP NOTCH agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. 3 ARTICLE VII PROGRAM INCOME TOP NOTCH agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by TOP NOTCH and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall TOP NOTCH use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by TOP NOTCH shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY TOP NOTCH shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal. State. County and CITY Laws and Reaulations: TOP NOTCH shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. TOP NOTCH shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. TOP NOTCH shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. TOP NOTCH shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. TOP NOTCH shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. TOP NOTCH does not assume the CITY's environmental responsibilities described at 570.604, and b. TOP NOTCH does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 4 ~ 9.2 Opportunities for Residents and Civil Riahts Compliance: TOP NOTCH agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitorina: TOP NOTCH agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. TOP NOTCH agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. TOP NOTCH shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMS A- 133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMS A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. TOP NOTCH shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Reauirements: TOP NOTCH agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. TOP NOTCH is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMS Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." b. OMS Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment A). c. Applicable provisions of 24 CFR 570.502. 5 ------- -- 9.6 Lobbvina Prohibition: TOP NOTCH shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. TOP NOTCH shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Reauirements: TOP NOTCH agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. TOP NOTCH shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. TOP NOTCH agrees to send to each labor organization or representative of workers with which TOP NOTCH has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. TOP NOTCH agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate 6 action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. TOP NOTCH will not subcontract with any subcontractor where TOP NOTCH has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. TOP NOTCH will certify that any vacant employment positions, including training positions, that are filled (1) after TOP NOTCH is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent TOP NOTCH's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: TOP NOTCH shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property: Any real property under TOP NOTCH's control that was acquired or improved in whole or in part with CDSG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDSG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDSG national objective, in which case TOP NOTCH shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDSG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under TOP NOTCH's control that was acquired or improved in whole or in part with CDSG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to TOP NOTCH after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of TOP NOTCH and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from TOP NOTCH, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDSG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDSG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of TOP NOTCH and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of 7 - --- ----- acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. TOP NOTCH shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to TOP NOTCH pursuant to the terms of this agreement. TOP NOTCH shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: TOP NOTCH shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the TOP NOTCH by the CITY. TOP NOTCH shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMS A-122, by TOP NOTCH prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Reneaotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Riaht to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from TOP NOTCH shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between TOP NOTCH and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and TOP NOTCH, or in the event additional time is necessary, the CITY will notify TOP NOTCH within the 30 day period that additional time is necessary. TOP NOTCH agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: To the extent provided by law, TOP NOTCH shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and 8 against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the CONTRACTOR, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: TOP NOTCH HAIR DIMENSIONS By: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of , 200_, by , who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jeff Perlman, Mayor Approved as to form: City Attorney 9 A TT ACHMENT "A" SCOPE OF SERVICES TOP NOTCH agrees to the following terms and conditions: A. PURCHASE OF EQUIPMENT: Purchase equipment and machinery needed to operate new facility, located at 85 SW 5th Avenue, Delray Beach. Purchase of said equipment is subject to the CITY's Purchasing Ordinance. Under the Ordinance, the threshold dollar amount at or above which the formal competitive sealed bid process must be used is $15,000. For purchases from $500 to $1,000, at least two written quotes must be submitted and for purchases from $1,001 to $14,999 at least three written quotes must be submitted. B. INVENTORY AND MAINTENANCE: Simultaneously with the request for reimbursement to the CITY, TOP NOTCH shall provide the CITY with a list of said equipment that includes a description of the equipment; serial number or other identification number, if applicable; source of the equipment; acquisition date; purchase price; and location of the equipment. Additionally, TOP NOTCH will make the equipment available annually for inspection by the CITY and must also provide annually to the CITY a report on the condition and use of said equipment. The CITY reserves the right to inspect said equipment on site. TOP NOTCH shall maintain said equipment, at TOP NOTCH's own cost and expense, in good repair and condition. TOP NOTCH shall also keep the equipment insured for the replacement cost of the equipment against theft, loss, damage, and loss to persons or property. The provisions of this clause shall survive the expiration of this Agreement. C. DISPOSITION: Disposition of the equipment is subject to prior written approval of the Community Improvement Director or designee. If for any reason the said equipment is not maintained, used for its intended purpose, or kept in a state of good condition, TOP NOTCH shall repay the full value of this grant, unless otherwise specified by the CITY. D. JOB CREATION: Subsequent to the effective date of this Agreement and within one (1) year of the completion of the activity, TOP NOTCH shall create at least one (1) job, on a full-time equivalent basis, to be held by a low- income person. A full-time job shall mean employment for a minimum of 2,080 hours per year and for a wage or salary equal to or better than the minimum wage as determined by the U.S. Department of Labor. Low-income status is based on the person's income at the time of hire and is not affected by subsequent raises or promotions. TOP NOTCH will register said job with and consider applicants referred by the Palm Beach County Workforce Development Board. E. SECURITY AGREEMENT: To secure the grant amount, TOP NOTCH hereby covenants and agrees for a period of five (5) years commencing with the completion of the activity to comply with the Job Creation requirements and with the equipment use/disposition requirements. If for any reason TOP NOTCH fails to comply with the Job Creation or the equipment use/disposition requirements, TOP NOTCH shall repay the full value of this grant, unless otherwise specified by the CITY. The provisions of this clause shall survive the expiration of this Agreement. F. REPORTS: TOP NOTCH shall submit the reports listed below to the CITY. 1. Written verification of job creation, satisfactory to the CITY. Verification shall include job title, salary, fringe benefits, full-time equivalency status, name and address of person hired, proof said person is low-income, and dates of employment. Said written verification shall be provided the CITY at the completion of the activity funded under this Agreement and annually there from for a period of five (5) years commencing with the completion of the activity. 2. The list of equipment described in section B above. ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST OMB A-122 (NONPROFITS) Unallowable Allowable Advertising ..¡ Bad debts ..¡ Bonding ..¡ Communication ..¡ Compensation, personnel services ..¡ Contingency provisions ..¡ Contributions (to others) ..¡ Depreciation, use allowance ..¡ Donations (from others) ..¡ Employee morale, health, welfare ..¡ Entertainment ..¡ Equipment ..¡** Fines, penalties ..¡ Fringe benefits ..¡ Fund raising, interest, investment management ..¡ Idle facility, idle capacity ..¡ Insurance & indemnification ..¡ Interest Labor relations ..¡ Lobbying ..¡ Losses on other awards ..¡ Maintenance, repair ..¡ Materials, supplies ..¡ Memberships, subscriptions, professional activity ..¡ Organization costs ..¡** Overtime, shift premiums ..¡** Page charges in professional journals (research) ..¡ Participant support costs ..¡** Patent costs ..¡ Pension plans ..¡ Plant security ..¡ Pre-award costs ..¡** Professional services ..¡ Profits, losses on asset disposition ..¡* Public information service ..¡*** Publication and printing costs ..¡*** Rearrangement, facility alteration ..¡** Reconversion costs ..¡ Recruiting ..¡ Relocation ...J* Rental ..¡ * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. - - ------ ---- --- ATTACHMENT "B" ITEM OF COST OMB A-122 (NON PROFITS) Unallowable Allowable Royalties, use of patents, copyrights "" Severance pay "" Specialized service facilities "" Taxes "" Termination-related costs "" Training, education "" Transportation "" Travel ""* * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ------- - ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRA Y BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that TOP NOTCH does not own any vehicles, we will accept hired and non-owned coverage in the amounts listed above. In addition, we will require an affidavit signed TOP NOTCH indicating the following: does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. TOP NOTCH's Signature: -- - --~-- AGENDA REQUEST ~ Request to be placed on: Date: June 1, 2005 _ Regular Agenda _ Special Agenda _ Workshop Agenda xxxx Consent Agenda When: June 7, 2005 Description of item: Request to approve and execute subrecipient agreement with Top Notch Hair Dimensions ($25,000). Funding was allocated for economic development activities under the approved Fiscal Year 2002-2003 CDBG Annual Action Plan. Funding will be made available from the CDBG budget. ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YESINO Recommendation: Staff recommends approval and execution of the subrecepient agreements for funding. Department Head Signature: ;AdLJ ~ ~ f { City Attorney ReviewIRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~O Funding Alternatives: (if applicable) ct Account No. & Description:,f-t /9b5 -5 set fJ 3 -0/ DHXr-{)(Cktl.h ~J-;, S' Account Balance: bb 3 , 0 . City Manager Review: Approved for Agenda: ~o or1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action : Approved/Disapproved - õ!\ Community ~~ Improvement Memo To: David Harden, City Manager !b From: Lula Butler, Director, Community Improvement .1 Date: June 2, 2005 Re: Baseline Budget Submission to Children's Service Council/Beacon Center at Village Academy ITEM BEFORE THE COMMISSION: City Commission approval to submit the required budget for Fiscal Year 2005/06 to the Children's Service Council of Palm Beach County in the amount of $795,547. BACKGROUND: The City agreed to become the fiscal agent for grant dollars funded through the Children's Service Council of Palm Beach County (CSC) supporting the program and services for the Beacon Center at Village Academy. The City, in partnership with CSC, selected the Community Child Care Center (CCCC) as the non-profit partner to carry out the activities funded under this initiative. The budget includes an allocation to the Children Case Management Organization (CCMO) responsible for providing social services to the children and families of the Beacon Center. The baseline budget establishes the level of funding that will be allocated to the City for this program. The funding request represents a 3.6% allowable increase. RECOMMENDATION: Staff is recommending City Commission approval to submit the official base-line budget funding request to the Children's Service Council of Palm Beach County in the amount of $795,547 for program and services associated with the Beacon Center at Village Academy. LB:DQ Attachments 1 ~O ~ " , i c :' Q) ... 'tJ .c ~~'- 0 Q) -'-';' ... ,,~; ;: ..' 0 ¡:: Q) - ~I .0' II) 'tI E ìþõ c :I: - 0. Q, IU Z' It) .c j¡ Q) Q) Q), ;: 0 II) E ... C} ¡:: --- Q) "'" lIS 0 ~ C "Ci Z ~ ~ 1:: '0;' Q) 'tI Q. ¢ :J Q) CIS c: Q) (þ (If) a.. ;¡j' Q) Q. > >- ~ 0 C ~~ « I- <"> 0 '> ~-";. 0 0 ~' 1;) N "C ;:: ..- ..... 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"0 .. ,..; å ,¿ ~ .....:. ~ CI) .E l- v) G ...: cÖ N N N N ---------- Date: June 1,2005 Agenda Item No. <60 AGENDA REQUEST Agenda request to be placed on: _X_ Regular _ Special _ Workshop Consent - When: June 7, 2005 Descriþtion of Agenda Item: Baseline Budget Submission to Children's Services Council/Beacon Center at Village Academy Ordinance/Resolution Required: Yes/No Draft Attached: Yes / No Recommendation: Approval ~~ --~- Department Head Signature: --~.- - City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: (if applicable) Account # & Description: City Manager Review: Approved for agenda: @NO z»1 Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved MEMORANDUM TO: MAYOR AND CITI COMMISSIONERS FROM: CTIY MANAGER w1 SUBJECT: AGENDA ITEM # 'Z?P - REGULAR MEETING OF JUNE 7, 2005 PURCHASE ORDER INCREASE/OTTO WASTE SYSTEMS DATE: JUNE 3, 2005 This is before the Commission to approve an increase of $21,850.00 to blanket purchase order #624061, Otto Waste Systems, for the purchase of 500 garbage carts with lids and wheels. The carts are shipped in full truckloads for cost savings of freight. Otto Waste Systems is the original vendor for the purchase of these carts and has supplied them to the city since 1996. Funding is available from 433-3711-534-49.35 (Sanitation Fund/Cart Renewal and Replacement). Recommend approval of an increase of $21,850.00 to blanket purchase order #624061 for the purchase of 500 garbage carts. s. \Clty Clerk\agenda memos\PO Increase Otto Waste 060705 MEMORANDUM TO: David Harden, City Manager FROM: Patsy Nadal, ~er ~'to THROUGH: Joseph Safford.~~ Director DATE: 6/1/2005 SUBJECT: DOCUMENTATION -C11Y COMMISSION MEETING JUNE 6, 2005 - BLANKET PURCHASE ORDER INCREASE FOR GARBAGE CARTS FROM OITO WASTE SYSTEMS Item Before Commission: The City Commission is requested to approve an increase of$21,850.00 for blanket purchase order number 624061for the purchase of 500 hot stamped garbage carts, lids and wheels ftom Otto Waste Systems as a sole source provider. Badœround: Purchase order number 624061 was approved by the City Commission on November 16,2004 as a blanket for a total of $35,000.00. The sizes of garbage carts required by the City of DeJray Beach are 68 and 95 gallon carts with lids and wheels. These carts will have a forest green body, black lid, rubber tires and hot stamped with City Logo seal and serial numbers. The carts are shipped in full truckloads for cost savings of fteight. Otto Industries, Inc. is the original vendor for the purchase of these carts since their initial "roll-out" in 1996. Reœmmendation: Staff recommends an increase of $21,850.00 for the purchase of the 500 garbage carts with lids via blanket purchase order number 624064 ftom Otto Waste Systems as a sole source purchase. Funding from account code: #433-3711-534-49.35. Attachments: Budget Transfer Purchase Order #624061 Cc: Jackie Rooney, Purchasing Manager ~ AGENDA IlEM NUMBER: '6~ AGENDA REQUEST Request to be placed on: JUNE 7, 2005 Date: June 1, 2005 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Descñption of agenda item: The City Commission is requested to approve an increase of$21,850.00 on blanket purchase order number 624061 for the purchase of 500 hot stamped garbage carts, lids and wheels from Otto Waste Systems as a sole source provider. ORDINANCElRESOLUTION REQUIRED: YES NO _X Draft Attached: YES NO _X Recommendation: Staff recommends an increase of $21,850.00 for the purchase of the 500 garbage carts with lids via blanket purchase order number 624064 from Otto Waste Systems as a sole source purchase. DepaJtment_s;gnalure: ::T. ~~ '\ Detennination of Consistency with Comprehensive Plan: City Attorney ReviewIRecommendation (if applicable): Budget Director Review (required rB7~YOlving expenditure of funds): Funding available: Yes No Funding alternatives: (if applicable) Account Number: 433-3711-534-49.35 Account Description: Cart Renewal & Replace Account Balance: .$ ZI, 'ð 5D City Manager Review: Approved for agenda:@-4 No Hold Until: I Agenda Coordinator Review: Received: Action: Approved Disapproved [IT' DF DELIR' BER[H ~Î DELRAY BEACH flU I I f) A bad 100 N.W 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 All-America City " II J! MEMORANDUM 1993 200tO: David T. Harden, City Manager FROM: ~bert A. Barcinski, Assistant City Manager DATE: June 1, 2005 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JUNE 7.2005 GRANT APPLICATION PALM BEACH COUNTY PUBLIC LAND GRANTS PROGRAM INV ASIVE NON-NATIVE VEGETATION REMOVAL INCENTIVE PROGRAM ACTION City Commission is requested to approve the submittal of a grant application for the Golf Course under the County's Invasive Non-Native Vegetation Removal Incentive Program in the amount of $15,000. Funding match in the amount of $7,500 would come from the Golf Course - Course Maintenance Gardening Supply budget code 445-4714-572-52.26. BACKGROUND Attached is a grant application for this program which was submitted by JCD Sports Group on behalf of the City along with a copy of the program guidelines. The project will targ~t the removal of malaluca trees on the course. Commission is being requested to approve this submittal. Total project costs are $15,000. This is a 50/50 matching grant program. Funding for the City portion is requested from the 2005-06 operating budget. RECOMMENDATION Staff recommends approval of the submittal of the grant application in the estimated amount of $15,000 from the Palm Beach County Public Lands Grant Program for the removal of exotics and invasive vegetation at the Municipal Golf Course. Funding of the City share will be available from account 445-4714-572-52.26 (Gardening Supplies). RABltas File u.sweeney/agenda Doc Grant Apphcatlon VegetatIOn THE EFFORT ALWAYS MATTERS <6Q @ Printed on Rec}'c/ed Paper . . ADMINISTRATIVE INFORMATION Project TItle: N:Q\'~\~Lr" ~~__~o'\! I\l.....ja.\~~ ~. : .~~¿~'"" . "M.~'Þ f~\' p\('. .~r (0" rç ~ _ _ h , _ _ _ _ . - - ContactPerson:'S<.þ;~ t-^... .~" ~\ ~ . :. . . '~. Contact Title: ~~-~'~~.' : 1?~:'Sli=-~',;; ". ..; u'. Contact Agency: ~¿\.-... ':"i' -ß~'~~ ~\J i~'\!L( fA. r-:·ë:'~è\-¥"'¿eu~~~}~: =;.' . ..' ,. _ -_ - _ - ~ _ _ -.; _ _ _ __ _ H _ _ -- - - - - - - - - Contact MaIling Address: .~-z'ù6 t(..\':~\L~~.J':c/: A~:i::' '):s~:li:~-;f~~~~ ëcFl..:" ':,.'c -- .< City: fl;'¡'\.rit·~: '~V1'ëAf-&~"~',Ç< Z1P.':":~3~''4:Ç':; ~ Contact Phone: iG:~. ·)..:~5-':êi ç") ContactE-rnail: L~~:?~it-~~:~~:~~~~~è~'_(.:~.'o> .:;::., ~ (~'.:'. . PROIECT INFORMATION ~ - .' . " eo' ., ${-. . K . - .'. . ,. _:. .. Amount of Grant Request: ,.' ,'5"-.0'(:';':. '.,.-'~, TotalProJectCost: "¡r:·: O:Ó'O';': ~:~." I , Matching Funds AvaIlable? If yes, describe the sueciñc sources and amounts. '--9~\\~"",*-1)'~\~ 't1\J~' \-\'~~'- Q\~~'(ø\i~h'~~~V(¡}~~¿;~~~~~' ·~·~·f~±~r':------ t u__ - - - - - - ....... - - - '1- - . c;' '-" --' . . -.. . . . . .-- :;:' ..S-DÜ:·":: -..: : .: . - . :. --- .. . . .':' :c:~. ~=~ú EstlImted Project Start Date: ,~\ \0\ (\ ~' EstnIJated Project CompletIOn Date 'n: . ~: '. . . - , "'-':.o:r': ':-:;'.-::""'':'' . '".!!i:..... ....~"',.: ':.. .......... 'I ............ . -. : -. . I.... ....... . .'':,. - . I.' ... ....: ~. .. ~_" . . ..:.':- ,,:..:... Minimum Criteria Description Describe, in detaIl. In the space provIded, how thIS project meets each of the SIX (6) mInimum cntena /fmore space IS requIred, please attach a separate page and note questzon TfUmber 1 Project must be submitted by a qualified applicant and must be desIgned to remove one or more of the County's nine prolubited plant species (Air potato, Australian pme, Brazihan pepper, carrotwood, earleaf acacia, kudzu, old-world chmbing fern, melaleuca, umbrella tree). ~~;c:..' p~.; QC:~ ': ,~~ p"~.' if' ~'q..~ .<?~',;<? I~~.C):~". ~~~li~'*": >\"0 :~t"~~. :1-\-.:~ Cc \J rs. ~ . ~.'r-o'f'~"-- . t. ~ J. --~~"f'ro.,...H-;~ ;~). .~~~<~ ~ '(f ~ :', t..J j:.~~! -.., (, s~e,--: ~ "" ~ \~\\. ~ro ~''Q3 .ç,f'~~\.~\~''- . TÛ.~')__~t~·.~.;,t-\G\.\"\V~ÞL tn ~~ ~1 2. Project must be located on public lands managed or maintained for greenspace, or preservation/conservation. ,k U)vr$ e.. L\r--À L~c..\vclE?-C-~ e~.~:-r~'''1 C\.:t~ p~.~...J~cÅ b'4: :~lt. c.\.\-'1 0../'0 ç~ "A.A.:, ~ -\ ~. {'.;., "f...d c\., ~\ ~ ~ ç:'p ~ <.::~. ", -r~: ~-1~'f ~\~ ~~ ~'i.t\ b(.·C:' Cør..'~t.' 1$ LCi'f1(';¿::; Iß- 22£:>.;.'; ~t{,-ÎI¿~~'i/A-..:E. ·\)tli'~../1Ç~'ct,\ f.. 3. Project cannot be a req?-ired mltigation project with an invasIve plant removal re'luirement ·:Tk ~\a.'N~~c\ 'À.)DV-"" ." ~O+~. M~.~!:c\:';'¿J.·:.~ ¡v\:,.'+r ~ tt ~ \ ? .~ € r'b ~~ tÝ . - -: .r ~. ...... . .i:-~ :-.. ........... ..... . .....-. -. ...... ., .. .. .. ..... .. . ...... ... -.. -I .... ..... .... ... .. ... ... .'. ... .110 _. .... ... .01' I. Public Lands Grant Program Application - Project Title: Page 2 't:~~~~:. :=~7:-::1 :?l;·~.'::::.~: ~::.....::":. -':~.:.' :....: ..~.:-....:...:.: : .._a.~ -.,.... . ~:...:. .... .. I' .~: - ~ . -.'" . ..~ -" .:.... ":... ....v .:' :~::.. .. Minimum Criteria Description - Continued 4. Project applicant must have financial means for perpetual follow-up maintenance. Descnbefollow-up schedule andfundmg source for perpetual mamtenance ~~..~~~,¿~\p. .~~~.¿~:.~~.~:~:; :ç-:~~'- .~~~;~.\"\ ·~~I~.~.~~:~ ·~t-le. ~r\-~..; t..J t\.. . - ..J .. , . \_. r- -. . ..... r"·:I\ - , :.=d.. . ~-~~;.~~~~\.t\:~.:~'\~ ::s:t··~J·~\;·~ ·-~.r-~"l_~~-~~~~::: ,t V .i~~J:.^-·~. \ .,: -~. ... ~i1>,,~~iJ ·~\.:tor&:>:~j-'t~ó,}~1'vn~'~~~'S.+. ," . "~".' .. ~ ~ - -- 5. Planting/restoration plan (if applicable) must include Florida natIve vegetation and may not include Florida Exotic . Pest Plant Coun,. .cil C~tegory I orI~ ~laI1~:species (see ~.fleppc.org for most cu;r~.nt ~ist). - h h _ _ h _ -= - " - - _ - _""_- . -= _. h _~_ - ~ - -- - ~ -.: - -- h _ _ _ _ h _ _ _ -'·HtJ {''t- :'~.-fPl' "þ. ~t.~:¡ "~~--:. ~', - - - -- -- _ z- -_-==- _ ~ _ 'h· ~ - _ ~ _ _ _ __ 6. Project must have a minimum fifty-percent project match, except for those municipalities specified ill the Project Match Requirement section. Descnbefunding sourcefor match and how match WIll be used. nn{?~~,~~~~i~:~~ ~~p~~:m~{:'I~ ~ ,( ¿dè/~J#,'~ð\~~~iC ____ -- ..- . --..-..- .. .- -. . - -. - -.-- - --- ..... .-----. . -. .- 7. Project cannot involve the clearing of native vegetation for mamtenance purposes. N P\ '\ " \...9 ~ \.Ì e~ \.~ l(\ , .(¡", I..-v"-, H ..... b-\- b;:.. \""e Me..., Lc.\ . ___.... _n _ __a ..._. _. ____.__._.__. ._. _.._ _ .._ ___ _ . _.._ _. ___ _._ .. ..___..._...__ _.. __ .... _..._ .._ .__ ._. _.... __ _ __a __.. _ .::......._.........:-:..: .-....._.t...;;.:.:...:.-: ~L.. ...~.... ...... .... .- ..... ... . .. .- ....... .. ..: . ..-::'.,. . Project Location Description Describe project locatIon, nearest crass streets, property type (natural area, open space, easement ..), property use, property owner, agency(s) wIth management responszbtlity Include natural area descnptwn if applicable ** Atttlch a sIte plan showzng the project elements along WIth a general locatzon map and an aerIal photo of the project VICinIty Maps should be no greater than 11 .. x 17 "** ;~~~ :~~{" :\~ ~~~';: ~:~=: .~.> ::~k.~".~u~~C¿~~~~'~;~·~~~~~'.'~Ä:':4ti····". ~-':--:~ :~~~'~~t';~'>~\ JQ -¿ \'\D-\~~ ~~.-\L;.' "3>~h:[u~: ~i;:(.C{: ~(r;G~:~).~. ~ t·t· \~. : t" ~ - - . . . t. " " . -, . . \:. "f\ . . . C' .~. ; ·e'~ ÇþV\ ~ ~~. ~~ ct i ~:.q i u rro U.uJ. rk.l) ~t--:". q .re..~ \ ~ C:..: .'U~..( "-).' ::- ." . . ..' . _ . C('¿e.c". O~ "tkt _10ft coorc;:e f .rcper-. ~k.Cl.re~ '\~ .bo.~r.=~.e.~ o r\'-r\~ u1 ~$.T,' ~'-\: '\46~~~OOc(' tt~:~. .o.N~.O tv ~ ~ ._,..~O'\5~~ b ~ :i:-\- ,'s \'\.."P-' to.! ~~ ..·-A \J.t:. L '"1"~ .C\«e~ .\. ~ V ~€-~'. C{ Ç. orelU ip~ c: '€.... . r"'.:.( .' '~\4. ~~rf'" C.00C-=:-~~ "C\~~ _~\jrro~.¡wcl;~~ ~Ç.,~e~·hQ ( '0 e' w .e.-e..:u . , J \. ~ p ~~~~~. ~ ~ ~ .<-7tk ~ 0 \.f'. Cð urs 'e. ~~ ~ 'f'<' ':t -, "" '"\-¿'Nq I've -e re.s. f0}....oÇ', ~~I ~ . Fe ~ '"Ì.~".<:. q,r~ ~ .'.. _ ~ .. ,. Include Project Location X, Y Coordmates in State Plane NAD 1983: X. Y: ..~--;-r..u..."fIl:~~:..' "':-.:'! : ~.,. ....:"-:.::.: .-.. --P:'-." :I'.":-:~.~ ..- -_-:.. ::.ø:.~..:. .: .. - .. '. '. . .:-: """'::"... ... ..... - ... .. .::"" Public Lands Grant Program Application-ProjectTitle:~\o.... \ <.\" (.~, -\ .r~~ \" e. ~o v A."l Page 3 "~:::r:;.J..~¡:!Jf_}J:~~J~~. ~er: ~~~!.""~:':. ~ -:-;-... .~. -:- .: :" .-..:~ ..--.... .....\. ..... I....:; ~-:~. .::~....- :-. ~_~:..:.. ::..:.. -..:. .":. :- .'. :.:. .'. . _ ___:_.::~__::..:. Detailed Project Description ThIS descriptzon is to answer mformatlon for sconng the applicatIons by the Judgmg commIttee andJår complll2nce wIth the mmunum grant critena. Must mclude prOject locatIOn descnptlOn, targeted invasIve non-natIVe plant specIes, acreage ofmfestatløI1,-.>Gop~ojwørk,w¡}l-the-wo,*-be-pr.efo=ecLm.h=o"-ccnrr.at:1EtiDuL(if cont~acted ~ut, describe contract pncmg), method of remaval (mechanicaL herb lcuil!~ ~and pulll~l!.' -J, project m ~s~ones, ~d replantmg specIes. .:p~\.i\~.'~~~~~' rtv~~~t~~;{. .C:o\Ç' ·~~.~,~;..~C(~~t~·.;:~~'..?~\f~1 '~ut~~',.' .' .2~~:~~~~', ~'~ (~¡/N' A \1~ _ .ö '. Mt\. \'~ v ',~ ~: .~~~~~:'~: e r~~. ~.~;- ~ I. ~ ~ . ,t' ~~.~~.~~ :ig'~~ ~¿'~~~ '~~/ ~ ~V'l ~~ 'f~'--~~:'-'.QV-~ai =,::~t"~'~.r~r~ ó ~'~~'~'~'~-·.ç(,<,,·~~S ~:>': , .: '. .: . ,,::: .:i:" ':, > :'\': . ~ -r:¡,-<~~".~' (0 .... t r... <,:h~ ,¡y.'L;. . 'n.,.; ¡ èl t'\ · (J¡, ... '" . c J \ "......<:é I-<p" <, >u.". (.l"~ ~ \ \ --r'<~¡' 'L·.!. & \...-~~'~;~ ~ .~~ . ~ l.V ¡ \ \ b ¿ :: ct , ~ ~: ~--{ l' C \ 0 t:'c~~f:" - "+ ~ { Iè . ' "".:, . _ ,"'; _. ..Lt'..-" ~ '. ~.r<.· \1( fJ'\C \" t"J +L.'¿<~CU~"êt~ -w~.{(: <b . ~ ¡:-..,.e ,.- J ~ ,V"""(,.o.;..t;; - . , . ".' _" . _ . .' . . '-\ ,-.,......' tv'\ c\',",..r\ (.\.. Î.Je ¡; b '-r-;='i ~"'~~~-d \ (' ~') ~ .-ç¿':,:; '~~'q~;~\'/ s. '(\. ~ I' ~:.~':- Ît t~f It\. ~,,:e..,( '~l\,,-""~' ~ i'" H <- \ q.''< s¡fe.Ä't{és b er:e~~v c.,~ - ~ ~ ~ - - - --~ , . . ~:~~.~ ::.~ c.. :~,ç.y'~~ ,~. '. å.'~ JJ.~~' \ \- \ ~ ù;rró 'J~:~,~ckt ";:k; ,~.,;~~ e 't.~~.~ \ . - - ~ -- ""- = . - , - .. t~:J~"be«:>~i" ,,-~C:J... \, \;._ ._ _ _ ~..- u "-. .. . - P . . . '/? .. -- . . . '.' . ~' . . . -cj~ : . ' , . '." -:. '" ,\..b~~~:.f'f{,~, w,r~"-'~'6.c ;~i~-I-Ci:::c. " ,. . . - . .," ~'. '11-h~: ;~~~"cE~~~"¡~~:':,~~~Iv~~~~ :Jttt~ W(u-, ,,;ßG:."',,: AA.3"eB~ )~. C,-!~ O~--J'G 1~:uòG.ß'i~ . ~ ~ 0- W __ _ _ HH_ " . . ' .. . - - '" -... - - - ',"~..""·."?"--::-~~r:-:"-,"-".:-=:;~~"r:- ·...}r-....-:-:~.:..-;~.:-. -. ,........ -.. :-.~.,..: ......: u....... -..-....... ':" .. ."-_:~~.:.~_.~. . . Public Lands Grant Program ApplicatlOn-ProjectTitle: r--\ø..~.e..\u(.C\. ~t"e.e~ \)¿\'éG...,-,\ ~~.-.....l "\b\~ qJ~ Page 4 '~~~~1~::-··~"·~·-:·.-:·_~·:C·...L_ ...-:. -~-"·:·_·:·.:··II_.::_:_.-·· ". .~..___:_ __,,"-..::~______~ .-~ Project Narrative p'~o",,--ide an~ ~dit¡onai mjonnatlOn that desr:nbes ~~w the proposed project wùJ m_eet each of the Jud/llnrr Cntena noted III the app[¡catzon guldeiznes_ , -;- ~ -~-.e.\r~'"t ,__ße-c;., ~.J,\..: -çro't-: c.~.... ~ 0 r\ »t ~ ~ It·..·CO_f~_~-~r..~ I ~ - ,'ì ~~.- t +- _ k(,. ~Lo:l_ ~-r~ Q..~ ~C~{':-'~-:~\ -",v-¡~~' í-~(.l...clt;_~--;~-f--\\\~.A.: ';-+~"'--_ bo,:.~-t(;~-~~<: ~~~/~~b-'~Sll:' ~~_Ò"": I;.\;~~ -; s: ~ - _ - - : _ - u ~ -_ _- _ - ; -~-_ 2., --t(¿--- '~~~~~lfliLl-_Çc_:~H~2 \-i: ~"'~~ \~-_ \J'~~~t\:~r¡~~,ct~:~:--·fµ~~~-~'-I: V t~ ,O~~-~ : ~__"\_: :"t~_ _~~ \~\~ ~,_- :__(-\-- ; ~ ~~~~f _ _.-~ ~~f>~~-~~~'_~~- h~ _ r-~~_\_~~~t _~'~~-~::-- __~~:/~ ~~ ~~,-hòcJ:~-:_G\~ c~: ~ ;'}t'\ \...,~ -"" r~lV'i('~--~;~-r~~:~~~. : - --: c:' ::; _-: ~ -- '~:~~;_~ p:\ ¿ ~ ~ L\ci _:-, -ti~-~~--~ J~~ ~·l~ ~ ~ !\ r ~ ~~t;:~ tf: , :~_;~;~;-~\c, :~þ!&-;~:-;, íl~'?H~: ;~-~~ · -- - -; ,--' - '- , -:-,>-~~-~-- -:c-- :-: ii¡.:;.i-:~-"~ ; \\ ~ ;.,..L:-;-~- - -" \---_..... (On-e :'PeL-\\..J~ ('\t-'J7-,k-M¡;(-\~~~~'~---:- :c < - - "i - ~ ~:~_-rc ) 'l:v : ~_ - - - -- _ -_ _ _ -. _ _ ", -'__-- '_- -J _: - - -- - - '- -à. - J o. -,*~~ ,:O¢fO:f-: -ç)o\~n <:I..)V_~~- p"¡,,~~~ \,;--- - , ;{3'«- rn:,...,\ ~ t-":'___,_- -:-~-:-,--: _ _ -- _'~::- "- );;: - -, -c - - - - - - - - _ - -_ H _ = - - -- - - - - - , - <;..-= ",- = - . -'"- ..........""'--~-------- _ :-- .=-- .~.:_....:....-- - -.....;::---;..-~--~-=-=---- --~ - - - ... ";,. .~..:"...-~~----- -------- - - - - - ~ ~ - _ ~ M _ - -- - - - ...... .... .... .. . Project Budget Provide a proposed budget indicadng how grant funds will be utilized and where the matching funds WIll be allocllled CATEGORY OF EXPENDITURE AMOUNT MATCHING FUNDS S I . $-' - -- -- -- -, -- - - - - - ;~ - - _ - _ _ _ _ _ _ _ ~ M _ N _ ~ _ _ _ ~ . ~ _ _ _ _ ~_ a anes - - -- - - --. "- - -.- . - $-- - -' - _--- ,-- -- _;_C _ OhM _:;.." h _ _ .;; =_ = _ _ _ _ _ _ ~ - ~ - - - -- - - - Fringe Benefits $- <- _ _.' ---::--:-::~--~i __ ; -:-: -' - $-~ ;_ - _ -_ : -H ___ Subcontracting: Planning $' 0--_ ---:=-~--y _ _~ -_ _ $ -:-- -_ ::--_: _ ,_-- --- - - ---'- - Design $'- ;'~~-,--:: ;-:"_-ö-:'- ':-'-," $-_.-~__ -_ ;-_~ ---- -- ~-- _ :-,-;:._ Removal related Costs $. :c:'~ - -----r:~t)&~~ 1J,C-7 ;70:Q _ :- . ~ __ _ h Supplies/OtherExpenses $-/,>'- ~<-~-~-; ,-,_ $ __ _ - Public Information I Outreach $. ,,_. ,. $ _.~ TOTAL REQUESTED S- _ _ . ' $ - 7 Âcü -- TOTAL GRANT AGREEMENT $' 'fJ, 4, C;D ü .:..." -------- -- -- - ~- ...:.:;:~:.~~..-~--=--~... ~.:- ~... : "~.:.:~:.!''':~_..''.." ":: ..---: .-. ::.:- ... .- ." ...-. - _..-.. ... ~-_. _.- Certification: I certify that to the best of my knowledge, all of the statements contained m tins application are correct and complete Submit 10 copies and 1 original to the following address: Signa~ )?""-:> C::::--_' .' Public Lands Grant Program Coordinator Print Name' 'í3l'~,aH-¡'-t '];:¡.....':Eü.:- Palm Beach County Dept. of Environmental Resources Management TItle: :re;:?.::",,¡Ò¡;: ÑÏ 3323 Belvedere Road, Bldg. 502 . West Palm Beach, FL 33406 Date' n (4 f '¿:3 2~(~ ~ " . . . Invasive Non-native Vegetation Removal Incentives PUBLIC LANDS GRANT PROGRAM Guidelines & Application - 2005 A County-funded progra m to assist municipalities and other public entities with the removal of non-native invasive vegetation from public lands ----~-- -- - -------- -------- - . I . PALM BEACH COUNTY PUBUC LANDS GRANT PROGRAM .~ . INVASIVE NON-NATIVE VEGETATION REMOVAL APPLICATION PACKAGE COUNTY FISCAL YEAR 2005 . 2006 Prol!ram Descri'ption The Palm Beach County Board of County Commissioners has initiated a program administered by the County's Deparbnent of Environmental Resources Management (ERM) to assist municipalities and other public entities with the removal of invasive non-native vegetation from public properties in Palm Beach County. Each fiscal year, subject to budget availability and approval, the County will make available $400,000 for a matching grant program on a reimbursement basis, with a $50,000 maximum for each individual project 9uaUfted A1>plicants Municipalities participating with the County's Prohibited Invasive Non-native Vegetation Removal Ordinance, 298 drainage districts, special districts, public schools, and public universities in Palm Beach County. A1>DHcation Deadline The attached three-page application and required attachment should be completed and received by the Grant Coordinator by 5:00 PM. Mav 31. 2005. and must be mailed or delivered to ERM at the address provided on the application. Information should be provided on the front side of the application only. ApplicatioDS submitted by facsimile transmission will not be accepted. Fundlnl! Requirement Except as provided in this section, furxis from tbis grant may only be applied to the actual costs incurred for the removal or eradication of invasive non-native vegetation. No part of this grant shall be used for project administration/overhead. A small amount of each grant (up to 5%) may be used for environmental education relating to the invasive vegetation removal associated with the project. The educational component may not be used for the purchase of equipment. Proled Match Requirement , Applicants must be able to provide at least a fifty (50%) percent match of the total project cost. The applicant's cost-sbare match can be direct (actual) contribution<> (e.g., equipmentlmateria1lexpensesllabor), funding from other grants, replanting with Florida native vegetation, and/or up to 10% for in-kind services (e.g., planning and design). The grant may not be used to cover costs associated with the preparation, submission or presentation of the funding application. The municipalities of Belle Glade, Mangonia Park, Pahokee, and South Bay only have to meet a 25%/75% match. Minimum Criteria 1. Project must be submitted by a qualified applicant and must be designed to remove one or more of the County's nine prohibited plant species (Air potato, Australian pine, Brazilian pepper, carrotwood, earleaf acacia, kudzu., old-world climbing fern, melaleuca, umbreUa tree). 2. Project must be located on public lands managed or maintained for greenspace, or preservation/conservation. 3. Project cannot be a required mitigation project with an invasive plant removal requirement. 4. Follow-up monitoring and maintenance of control site by managing agency must be available in perpetuity. 5. Plantinwrestoration plan (if applicable) must include Florida native vegetation and may not include Florida Exotic Pest Plant Council Category lor II plant species (see www.fleppc.org for most current list). 6. Project must have a minimum fifty-percent project match, except for those municipalities specified in the Project Match Requirement section. 7. Project cannot involve the clearing of native vegetation for maintenance purposes. ----~- . . PALM 8EACH COUNTY PU8L1C LANDS GRANT PROGRAM - INVASIVE NON-NATIVE VEG£TA TION REMOVAL APPLICATION PACKAGE - COUNTY FISCAL YEAR 2005 - 2006 Judldnl! Criteria TOTAL CRITERIA POINTS 20 Project site is a natural/conservation area vs. disturbed/developed site. IS Native plant communities and/or wildlife habitats benefit lì:om the proposed project 15 Site is connected to or in close proximity to other public conservation laDds. 10 Project location and/or location of invasive vegetation are highly visible to the public Project builds upon established invasive vegetation conuo! programs or applicant identifies specific 10 means to itq>letrent an ongoing maintenance program for the project area that targets invasive non- native plants 10 Project is cost effective: matching funds are secured, volunteer labor is being used to the extent possible, and equipment and labor/conlractor costs are reasonable, pay scale not excessive. 10 Project includes a public outreachleducation component 10 Municipal, local agency, county, state or federal project(Municipal- IOpts., local agency - 8pts., County = 6pts., State == 4pts, Federal = 2pts.) Application Processine: & Awardine Applications will be reviewed by ERM staff and a modified Natural Areas Management Advisory Committee (NAMAC) for general compliance with grant criteria to determine eligibility. NAMAC will constitute the selection committee and will meet on June 17, 2005 to determine the final grant award based on the minimum and judging criteria listed above for the grant nine month grant. Projects will be funded by order of ranking until all available funding is encumbered. NAMAC grant award recommendations will be submitted to the July 12,2005 BCC meeting for approval. Grant agreements (attached) will be mailed to successful applicants for the appropriate signature and due back to the County by September 12, 2005. NOTE: It is not permitted for an applicant to contact any Selection Committee members regarding their grant appUcation(s). Any contact may be cause for an application to be rejected. Grant Aereement Selected applicants for funding must enter into a grant agreement with the Board of County Commissioners for review of contract deliverables, certified invoices detailing project cost, and payment of reimbursable grant funds. Reimbursement costs are available only for expenses that occur after the contract execution date. The project needs to be completely developed, pennitted as appropriate and completed within nine months of grant award. For example, for a grant awarded on September 30, 2005, the work must be completed and invoices submitted by June 30, 2006. The following items will be required as part of the grant agreement: 1. A final inspection by ERM as a prerequisite to final reimbursement 2. Reimbursement requests must be made using the enclosed Reimbursement Summary Form and must be accompanied by original invoices and proof of payment. 3. A copy ofa brief news release highlighting the successes of the project and acknowledging the contribution of the grant towards the project success. 4. A fmal report (1-2 pages) summarizing the project, including a description of the treatment area, along with photographs, must be submitted along with the reimbursement request and news release. - -- · .. - INTËRWCAL AGRl!:~M:tN'r BETWEEN PALM BEACH COUNTY AND (INSERT CITY OR PUBLIC AGENCY NAME, including improvement and water controVdrainage districts) District _ Ns Interlocal Agreemem (hereinafter "Agreem:mt") is made the day of . 200-, between the , a municipality/public agency (CHOOSE ONE) located in Palm Beach County, Florida (hereinafter "Grantee'') and Palm Beach County, a political subdivision of the State of Florida, (hereinafter "County"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSE TH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida lnterlocal Cooperation Act of 1969" autbcrizes local governments to make the DDst efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and developmmt oflocal conununities; ani WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exerCise separately, and WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County Commissioners of Palm , Beach County is empowered to establish and administer programs of conservation and to enter into agreements with otheT governmental agencies within or outside tbe boundaries of the County for joint perforrœnce, or perfonmnce of orœ unit on behalf 0 f the other, of any of either governmental entity's authorized functions; and WHEREAS, certain species of prohibited invasive non-native vegetation are spreading rapidly into natural areas in the County, displacing native vegetation, destroying wildlife habitat and creating undesirable vegetative monoculturesj and WHEREAS, certain species of prohibited invasive non-native vegetation have a variety of noxious qualities, including. but not limited to, adverse effects on human health, hazards to public safety, and undesirable aesthetics in the County; and WHEREAS, the 1989 Comprehensive Plan, as amended, mandates that the County shall continue efforts to eradicate prohibited invasive non-mtive vegetation; and WHEREAS, the cine prohibited invasive non-native plant species (Air Potato, Australian Pine, Brazilian Page 1 --------- -- . . Pepper. Carrotwood, Earleaf Acacia, Kudzu, Old-world Climbing Fern, Melaleuca, and Queensland Umbrella Tree) are also found in both urñncorporated and incorporated areas of the County; and WHEREAS, eradication ofprombited invasive non-native vegetation will require the combined efforts of the municipalities and the County to stop their spread; and WHEREAS, the Board of County Commissioners has established and funded a grant program to financially assist municipalities and other public agencies with reIOOval of this invasive non-native vegetation trom publicly owned lands and related educational activities, and NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: ARTICLE 1 - PROJECT TO BE COMPLETED BY THE GRANTEE: The Grantee agrees, during the term of this Agreement, to assist in the relD)val of invasive non-native vegetation witbin the County as specifically set forth in Exlúbit A attached bereto and made a part hereof. The Grantee shall coordinate work on the project with the County's Department of Environmenta1 Resources Managerœnt, hereinafter referred to as the Sponsoring Department, and shall submit all invoices, reports and records to the Sponsoring Department, as specifically set forth in Exhibit B and Article 8, hereof. ARTICLE 2 - PAYMENTS TO GRANfEEIREIMBURSABLE: 1be County shall pay to tbe Grantee as reimbursement of the Grantee's expenses, an amount DOt to exceed Dollars ($ ), provided the Grantee completes the reDDval project as described in Exhibit A. and meets the estimated match requirement of Dollars ($ ) as noted in Exhibit A. Activities eligible for match requirem:nts include (actual) contributions (e.g., equipment usage/direct operating expenses/in-kind services), funding fiom other ron-County grants and replacement planting with vegetation native to Florida. Costs related to in- kind services (e.g., planning & design) shall be limited to salaries and tringe benefits. OnIy those costs incurred after the effective date of the Agreement will qualify as matching funds. County funding can be used to match grants ftom other non-County sources; however, the Grantee cannot submit reirnbursem:nt requests for the sam: expenses to tmre than one funding source or under IOOre tban one County-funded program The Grantee will bill tbe County upon cOlIFletion of the project, for expenses actually incurred and paid, up to the amounts set forth in Exhibit A for the project. The Grantee shall be reimbursed on a cost reimbursem:nt basis for all eligible project costs upon receipt and Page 2 - · acceptance by the County of a properly completed Payment Request Summary Form, provided as Exhibit B. In support of the Payment Summary form, the Grantee must also provide, from its accounting system, a listing of expenditures in detail sufficient to evidence actual payment and that said expense was necessary in the performance of the Scope of Work described in Exhibit A. The Grantee shall supply any further documentation such as copies of paid receipts, canceled checks, invoices or other documents deemed necessary by the County. All supporting invoices IlIId receipts must clearly state that goods and/or services were invoiced to Grantee and not to an individual or "Cash.tI In the case of reimbursement for a portion of a salary, the canceled check submitted as invoice must be payable to the referenced individual and memorllIldum as such on the check Reimbursemem requests received from the Grantee will be reviewed and approved by the Department of Environmental Resources Management, 3323 Bdvedere Road, Building 502. West Palm Beach, FL 33406-1548. wlùch will indicate that the expenditures have been made in conformity with tros Agreement and send the payment request to the County's Finance Department for final approval and payrœnl The invoice must be submitted along with a final report, as described in Article 8 below. ARTICLE 3 - AVAILABILITY OF FUNDS: The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Palm Beach County. ARTICLE 4 - INSURANCE: A. - Without waiving the right to sovereign immunity as provided by Section 768.28, Florida. Stat\Jtes, the Gtantce acknowledges it is self-insured under State Sovereign Innnunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver linút:¡ that may change and be set forth by the legislature, wlúch the County agrees to recognize as acceptable coverage for GCJJCral liability and Automobile Liability insurance. B. In the event the Grantee does not rely exclusively on sovereign immunity as provided by Section 768.28, Florida Statutes, the Grantee shall agree to tœintain third-party Commercial General liability at limits not less 1han $500,000 per occurrence. With respect to Commercial General liability, Grantee shall agree to add the County as an "Additional Insured." Page 3 - \ . C. The Grantee agrees to maintain or to be self-insured for Workcr's Compensation & Employer's liability insurance in accordance with Florida Statutes, Chapter 440. D. The Grantee shall provide a statement or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status, which County agrees to recognize as acceptable for the above required coverages. The Certificate Holder will be: Palm Beach County, Dept. ofEnvironmcntal Resources ManageJIJ:nt, 3323 Belvedere Rd., Bldg. 502, West Palm Beach, FL 33406-1548. ARTICLE 5 - INDEMNIFICATION: Without waiver oflimitation as provided for in Section 768.28(5), Florida Statutes, and to the extent permitted by law, the County agrees to indemnify and hold harmless the Grantee ftom any claims, losses, demands or cause of action of whatsoever kind or nature that the Grantee, its agents or employees, mayor could sustain as a result of or emanating out of the terms and conditions contained in this Agreement that result from the Countys negligence or willful misconduct. Without waiver of limitation as provided for in Section 768.28(5), Florida Statutes, and to the extent peTnÚtted by law, the Grantee agrees to indenmify and hold harmless County :iTom any claims, losses, demands or came of action of whatsoever kind or nature that the County, its agents or employees, mayor could sustain as a result of or emanating out of the terms and conditions contaiœd in this Agreement that result :iTom the Grantee's negligence or willful misconduct. Nothing herein shall be construed as a waiver of sovcccign immunity by either party, pursuant to Section 768.28, Florida Statutes. - - - - - ARTICLE 6 - WARRANTYIPERSONNEL: 'The Grantee warrants that all project-related services shall be performed by skilled and competent personnel to the higæst professional standards in the field. The Grantee further represents that it has, or will secure at its own expetlSc, all necessary personnel required to complete the project under this Agree~nt, and that they shall be fully qualified and, if required, authorized, pennitted and/or IiceDSed under State and local law to complete sœh project. Such personnel shall not be employees of or have any contractual relationship with the County. ARTICLE 7 - EOUAL OPPOR11JNITY PROVISION: Page 4 ----- · The County and the Grantee agree that no person shaH, on the grounds of race, color, sex, age, national origin, disability, reHgion, ancestry, marital status, or sexual orientation be excluded from the benefits of; or be subjected to any form of discrimination under any activity carried out by the performance of this Agreerœnt. ARTICLE 8 - GRANTEE'S PROJECT-RELATED AGREEMENTS: The Grantee f\n1:her agrees: 1. To allow the County tbrough its Sponsoring Department to IDJmtor Grantee to assure tbat the project is cOIqlletcð: as outlined in tbe Exhibit A. 2. To provide the funds for the balance of the project not funded. by the County. 3. To maintain books, records, documents, and other evidence which sufficiently and properly reflects all costs ofany nature expended in the performance of this Agreem:nt. 4. Tha t all records shall be subject to the Public Records law, Chapter 119, Florida Statutes. S. That the County shall be promptly reimbursed for any funds which are misused or misspent. 6. To complete the project, and submit a final 1-2 page project report to the County by the Agreement expiration date noted in Article 11 below. The final report shall include a Payment Request Summary Form along with docurrentation, as described in Article 2 above, and a copy of a brief press release highlighting the successes of the project and acknowledging the contribution ofthe grant towards the project success. Failure to submit completed reports within the specified thœftam: will result in a delay in payrœnt and/or termination oftbis Agreement. - - - - ARTICLE 9 - ACCESS AND AUDITS: Grantee shall maintain adequate records to justify all charges, expenses and costs incurred in accordance with generally accepted accounting principals. The County shall have access to all books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours during the term of this Agreetnent and for at least three (3) years after completion of the project. ARTICLE 10 - PUBLIC ENTITY CRIME CERTIFICATION: As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance bereot: the Page S · Grantee certifies that its suppliers, subcontractors and cODSultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Departtœnt. of Maœgemcnt. Services within tbe 36 montbs itnmediatelyprecedingthe date hereof. Tlùs notice is required byF.S. 287.133 (3) (a). ARTICLE 11 - EFFECTIVE TERMlTERMlNATION: The term of this Agreement shall be effective on the date of execution of the Agreement by both parties and shall continue in full force until (iDSert ARI'eernent Exciration Date). unless otherwise ternùnated as provided herein. This Agreetœnt may be terminated by either party upon tbirty (30) days written notice by the terminating party to tbe other party, provided that the County will not arbitrarily or unreasonably deny funding to Grantee under the terms and condi tioDS set forth herein. ARTICLE 12 - NOTICES: The County's representative/grant manager during the term of this Agreetœnt is identified as: Departrœnt ofEnvironmemal Resources Managerœnt Attn: Director 3323 Belvedere Road, Building 502 West Palm Beach, FL 33406 (561)233-2400 Fax: (561) 233-2414 The Grantee's representative/grant manager duri ng the term of the Agreement is identified as: - - - - - . All notices required to be given under this Agreement shall be deerœd sufficient to each party wben delivered by Uni ted States nnil to the County and Grantee representative/grant manager identified above, respectively, and with a copy to tbe Palm Beach County Attorney's Office, 301 North Olive Avenue, Sixth Floor, West Palm Beacb, FL 33401. Page 6 . . ARTICLE 13- ENFORCEMENT COSTS ÁI1y costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms aIXlIor conditions of this Agreement shall be borne by the respective parties provided, however, that this clause pertains only to the parties to this Agreemmt ARTICLE 14- COMPLIANCE WITH LAW The Grantee shall co~ly with all applicable federal, state and local rules and regulatioDS in providing services under this Agreement The Grantee acknowledges that this requiretrent includes conpliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreemem. ARTICLE 15- REMEDIES This Agreement shall be construed by and governed by the' laws of the State of Florida. AIr¡ and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No retœdy 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 rCIredy 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 sball preclude anyotœr or furtœr exercise thereof. - - ARTICLE 16- SEVERABILITY In the event that any section, paragraph, sentence, clause or provision hereof by held by a court of coIq)ctent jurisdiction to be invalid, such shall not affect the remaining portions of tbis Agreement and the same shall retn\.Ín in full force and effect ARTICLE 17 - ENTIRETY OF AGREEMENT The Grantee agrees that the Scope of Work has been developed ftom the Grantee's funding application and that the County expects perfonnance by the Grantee in accordance with such application. In the event of a conflict bctween the application and this Agreement, this Agreement shall control. The County and the Grantee both :further agree that Page 7 . . . this Agreement sets forth the entire agreement between the parties, and tbat there are no promises or lJIlClerstandings otber tban those stated herein. None of the provisions, terms and COnditiOns contained in this Agreement may be added to, mDdified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 18 - COUNTY'S AUTHORffY TO EXECUTE AGREEMENT The Board of County Commissioners of Palm Beach County, Florida delegated the authority to execute this Agreement to the County Administrator, the Director and Deputy Director of the Department of Environmental Resources Managemcnt on [February 25, 2003.] IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida bas rmde and executed this Agreemcnt on behalf of the County and Grantee has hereunto set his/her baud the day and ~ar above written. [ClTTOR PUBUC AGENCY NAME PALM BEACH COUNTY, FLORIDA (/fwater control/drainage district: A CORPORATION FOR ITS BOARD OF COUNTY UNDER THE LAWS OF THE STATE OF FLORIDA}) COMMISSIONERS By: By: Mayor Date Richard E. Walesky, Director Date (or Improvement District President) Environmental Resources Managemcnt ATI'BST: By: APPROVED AS TO FORM AND Date LEGAL SUFFICIENCY: [lfwater controVdrainage district: By: Its: Assistant County Attorney (Title) Federal Tax I.D. #: (corp.seal) WITNESS: By: (Name) Date] APPROVED AS TO FORM AND lEGAL SUFFICIENCY: By: City's Attorney Page 8 ---- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER øi SUBJECT: AGENDA ITEM # ' <g R- - REGULAR MEETING OF JUNE 7,2005 INTERLOCAL AGREEMENT /PALM BEACH COUNTY THRIFT STORE DATE: JUNE 3, 2005 This is before the Commission to consider approval of an Interlocal Agreement with Palm Beach County for participation in the County's surplus asset disposal program known as the Palm Beach County Thrift Store. The County sponsors nine (9) auctions annually and administers the entire program for participating municipalities. The program will replace the City's annual auction activities for surplus asset disposal and will reduce the need to provide storage for surplus items. We will be able to dispose of surplus assets that we would normally sell in our auctions; including electronic components, office equipment, vehicles, etc. in a more cost effective manner. Also attached is a letter from the County Financial Management Director explaining program highlights, and a memo from the Public Works staff detailing additional information about the program. Recommend approval of an Interlocal Agreement with Palm Beach County for participation in the County's surplus asset disposal program known as the Palm Beach County Thrift Store. S:\Clty Clerk\agenda memos\CM Memo PBC TImft Store 060705 - City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M W11-w. mydelraybeach. com TO: David T. Harden, City Manager V FROM: Richard C. Hasko, P.E., Environmental Services Director SUBJECT: PALM BEACH COUNTY THRIFT STORE DATE: May 31,2005 Attached is a proposed agreement between the City and Palm Beach County that will allow the City to participate in the County's surplus assets disposal program known as the Palm Beach County Thrift Store. The program will replace our normal annual auction activities for surplus asset disposal and, because of the increased frequency of offerings, will reduce our need to provide storage for surplus items. The County sponsors nine (9) auctions annually and administers the entire program for participating municipalities. We will have certain days during any given month to deliver items to the County facility on Belvedere Road for inclusion in the next available auction. We will be able to use this program for regular disposal of any surplus asset that we normally sell in our auctions, including electronic components, office equipment, vehicles, etc. Also attached is a letter ftom the County Financial Management Director explaining program highlights, and a memo from our Public Works staff detailing information received about the program in our follow up inquiries. Staff agrees that this program will provide a more cost effective and less time intensive method for disposal of surplus assets, and recommends that City Commission approve the agreement for participation. Please place this item on the June 7, 2005 agenda for consideration by City Commission. Cc: Jim Schmitz, Deputy Director of Public Works Joe Safford, Finance Director --- , , oM U'~~ . fu~t~ D ~1 ~ y 6 - 2005 May 3, 2005 CITY MANAG£R 5't,J-ÔS<;-t9 ~8{) Office of David T. Harden, City Manager ~ ¡-&r.>5 '¡j~ Financial Management &. Budget City of Del ray Beach PO Box 1989 100 N.W. 1st Avenue LuJ~vfiÎ West Palm Beach, FL 33402-1989 Delray Beach, Florida 33444 (561) 355-4034 FAX (561) 355-2109 www.pbcgov.com Dear David: I am writing to make you aware of Palm Beach County's extensive . surplus assets disposal program, which already involves nine area local governments in a municipal investment recovery cooperative. The addition of the City ofDelray Beach to our cooperative would be mutually beneficial. Palm Beach County I'm sure you have found, as we have, that the disposal of surplus Board of County Commissionen equipment is an important source of budget replenishment dollars for large Thny Masllottl, ChaIrman fleet operations such as yours and ours. Maximizing taxpayer value of our fixed assets has always been important to us; we found early on that paying Addle L Greene, Vice Chauperson commercial, for-profit auction services was a needlessly expensive way to Karen T Marcus dispose of the many hundreds of fleet vehicles we retire each year. Jeff Koons In twelve years of operating a local program of direct auction sales to Warren H Newell the public, we have built a very large and strong customer base that keeps us reaching new sales records in most years. More importantly, we continue to Mary McCarty drive up our Return On Asset Value, that most important "bring-back" ratio Burt Aaronson that helps fund your fleet. We have worked hard to develop our reputation as a reliable source of high quality fleet-maintained cars, trucks and heavy equipment. As a result, we reach serious. knowledgeable bidders, not down- scale salvage buyers. We have become so successful at it that many of our County Administrator fleet vehicles are bringing well over 30% of their purchase prices, and the Robert WeIsman average return for all our equipment at the moment stands at more than 25%. I invite you to consider whether such an arrangement would make sense for the City. You would have the options of either keeping your surplus vehicles on your own premises for bidder inspection and viewing, and we would include a listing of your surplus items in our monthly auctions and collect payment on your behalf, or delivering your vehicles to our auction lot adjacent to PBIA and we take care of everything else from there on, right down to handling the transfer of ownership documents, sorting out the myriad sales tax implications, and turning over the keys to the new "An Equal Opportunity owners. Affirmative Action Employer" @ prlntfKl on røcyc/Ðd paper , , David T. Harden City of Del ray Beach Page 2 Beyond the obvious benefit to you of capitalizing on our many years spent building up a large following of sophisticated bidders in the urban South Florida area, we have several other competitive advantages: · There is no auction listing fee to you, the seller; · We do not charge a buyer's premium, which drives down bid prices on your merchandise. and so shortchanges the seller; · There are no "promotional" fees; · There are no fees for "extra" services, such as vehicle title transfers; · We offer low sales commission fees-as much as 60% below commercial auction services; · We even collect payment from buyers so that your staff doesn't have to deal with all of that; · You become part of a group of like-minded public agencies that have the same need as you do to demonstrate economy to our elected boards and constituencies. I am enclosing a form of Interlocal Agreement so that you can see the sort of relationship that already exists among the nine cooperating agencies involved. Ifthere is anything else that I can add. please let me know. Cordially, 6z¡~r; - Walter K. Munchheimer Financial Management Director enclosure ------- · ENVIRONMENTAL SERVICES MEMORANDUM To: James Schmitz, Deputy D~ From: Julie Fischer, Executive Assistant Date: May 17,2005 Re: PALM BEACH COUNTY THRIFT STORE I contacted Mr. Walter Munchheimer, Financial Management Director of Palm Beach County to discuss the following: The County holds approximately nine (9) auctions per year with the exception of July, August, and September. They will hold vehicles for their October auction at their facility. We will be given x number of days per month to deliver goods to the company store. On these days we can deliver as many items as we can haul. They will try to sell them 2 or 3 x's if not sold they will dispose of. Spoke with Boynton Beach and they are extremely happy with this process. Split is as follows: First 50 K 20-80 split lOOK 15-85 split 150K 10-90 split According to Mr. Munchheimer they are in the process of changing the splits. Regarding damaged or stolen vehicles both parties are held harmless and the City needs to be self insured. Turn around time for payment is usually 10 days after the end of month. I had the opportunity to visit the site on Friday, May 20, 2005. Mr. Joseph Knight gave us a tour of the facility and explained the procedures for delivery and sale. The items in the front are of the store are sold individually and our priced as such. Each municipality has its own section and items are tagged with a lot # unique to each municipality. If items are not sold they are moved to a different area with a - . . . . price reduction and are usually sold. The area in the back of the facility is used for lot sale. We were also able to check out the vehicle area and it was enclosed by a 12' fence. Vehicles are also sold every time there is an auction and interested parties may look at the vehicles and proceed into the facility where they are able to place there bids via computer. The bidding starts at 11 :00 and all bids are awarded by 11 :30. " Palm Beach County Surplus Thrift Store Page 1 of2 II;. ~?~ - T: f"'''' ~ Ë",.:', "}' ""#' ,-. "I¡;Jf:>f:~ (""f" -¡'l.... ""'NT: "'f,,1t .f '¥f.....l~¥~ .".",,-qO\"'rl ># . '_E'C_~~j ,Ai,!¡ ~_:" ~d_~fí ,f_"¡'U,li),""~i'q{ "j;{2,',·IÞl') _~ifl:l1 ,¡dig,¡... ~ ~ _ #< r ",." Home Search Jobs Links FAQ Contact Us Store Site Driving D .. D· t· f . rlvmg Irec Ions rom Information Florida's Turnpike The County Thrift Store IS Take Exit 99 to Okeechobee conveniently located Just off 1-95 and Boulevard. Turn left heading Belvedere Road in West Palm Beach. east on Okeechobee to The site address is 3323 Belvedere Military Trail (3rd traffic Road, Building 507. Building 507 signal). Turn right heading fronts onto 5th Street, approximately south on Military Trail and 0.3 mile north of Belvedere Road. On- continue to Belvedere Road street parking is permitted along 5th (3rd traffic signal). Turn left Street. heading east on Belvedere Road and continue Driving Directions from 1-95 approximat~ly 1 .5 miles to Take exit 69 (Belvedere Road-West) the traffic signal at 5th Street. and continue approximately 1.5 miles Turn left onto 5th Stre~t .and to the traffic signal at 5th Street. Turn procee~ to the last bUlldl~g right onto 5th Street and proceed to on the ~Ight. Look for Thrift the last building on the right. Look for Store signs. Thrift Store signs. ) Return to Thnft Store Homepage ~[~~3',; :'~'1±~,-, o~,""~//:>';',',,/~¡«-- -ià-. .--,~ h_ ",,' , ' I! ~-'-'-11 ",,- '" u fl' W' ' "", - - ',. n,~¡ -'0;';,1, Lè::J' -'-, í ~ i',. ¡"" ¡ i ':'/;1' "; ,.1' YT1' , _{c~c~,A* . ' !...-.-;:. ..re~ V_ . --.p - , --~, -1 ~- ,;.' I if Q. r- I . 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C3 ~~:-Flylj-Rd Ii _ ~:~ _Park, . ìJ-" . ¡ ~. - '1-" ~;bo~~.!c\O~o t~~rp,~o~~3yfech,3nd/orGDT,~çT:i I~~--, t. f~~ Hotels in the Vicinity Airline connections through PBIA I Hampton Inn .$ Palm Beach is served by the 1505 Belvedere Road nation's major air carriers (561) 471-8700 with a full schedule of 1.4 miles convenient flight times. . Hampton Inn ß Air Canada 1601 Worthington Road AirTran (561) 472-7333 American Airlines 1.5 miles CanJet Airlines httn://www.nhcQov.com/finmgt/store/DrivingIE.htm 5/19/2005 -------- · . Interlocal Agreement for Co-Utilization of the Palm Beach County Surplus Property Thrift Store ThiS Interlocal Agreement (hereinafter "the Agreement") is made and entered into this day of , 20_, by and between Palm Beach County (hereinafter ''the County"), a political subdivision of the State of Florida, by and through its Board of County Commissioners, and the City of Delray Beach (hereinafter ''the Partner"). Witnesseth: WHEREAS, Chapter 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage, and thereby to provide services and facilities in a manner and pursuant to fonns of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs of the parties; and WHEREAS, the County has heretofore entered into agreements of a similar nature with local governmental agencies for the co-utilization of the County surplus property Thrift Store for disposal of surplus tangible property assets of such agencies; and WHEREAS, the County and the Partner wish to enter into the Agreement to establish the tenns and conditions governing the co-utilization of the County's surplus property Thrift Store operation. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants, promises, and representations herein, the parties hereto agree as follows: SECTION 1: BACKGROUND AND PURPOSE 1. Purpose. The purpose of this Agreement is to establish the terms and conditions governing Partner's co-utilization of the County's surplus property Thrift Store (hereinafter "the Thrift Store") for the disposal of Partner's suitable surplus tangible property assets. 2. County and Partner agree to share the use of the Thrift Store in accordance with the provisions of this Agreement. 3. County and Partner agree that co-utilization of an existing operational system is more cost-effective than creating duplicate systems under separate and independent operation. 4. County Owns, Manages and Operates the Enterprise. The parties agree that the County will at all times own, manage and operate the Thrift Store, its proprietary technologies, operating systems and business relationships and resources, for the benefit of the County and the Partner and of all other participating agencies with co-utilization agreements in effect, now and in the future, subject to the rights of the Partner specifically granted herein. · . Agreement No. F AMO 2-050 Interlocal Agreement for Co-Utilization of Surplus Property Thrift Store Page 2 of 9 5. In consideration of this co-utilization, the Partner will pay to the County a sales commission fee and other direct and indirect costs as described in Section 4 of the Agreement. SECTION 2: RIGHTS AND DUTIES OF THE COUNTY UNDER THE AGREEMENT 1. Duty of Good Faith and Fair Dealing. The County will manage and operate a program for the disposal of surplus tangible property assets in an efficient and business-like manner. 2. No Agency Created. The County will act as a service provider for, and not as an agent of, the Partner in the disposal of suitable surplus tangible property assets delivered to the Thrift Store, provided the Partner has met all of its obligations hereunder. 3. Representatives of the Thrift Store will meet with authorized representatives of the Partner as needed or requested to determine the suitability of surplus tangible property assets of the Partner proposed for disposal through the Thrift Store, and any other terms and conditions for disposing of such surplus tangible property assets. 4. What Can Be Accepted For Disposal. The County will accept all suitable surplus tangible property assets of Partner for sale through the Thrift Store or for reassignment to the active use of the County or any of its other co-utilization partners, as provided herein, subject to the conditions established herein. 5. Right to Establish Rules for the Operation of the Enterprise. The County is authorized to establish reasonable rules concerning suitability for disposal, preparation, handling, storage, display, promotion, sale and salvage disposal of all surplus tangible property assets under the control of the Thrift Store, which rules shall apply without discrimination to the assets of the County, the Partner, or of any other participating agencies with which the County has co- utilization agreements in effect. At the time of execution of the Agreement, the Partner expressly acknowledges that the County has already designated the following items or categories of items to be unsuitable for disposal hereunder: (1) inoperative motor vehicles or motorized over-the- road or off-road equipment; (2) inoperative equipment containing hazardous chemicals, including chlorofluorocarbons (CFCs) or polychlorinated biphenyls (PCBs) or terphenyls; (3) any equipment containing bio-hazardous waste materials; (4) machinery leaking fluids of any sort; (5) automotive tires and batteries; (6) uninterruptible power supply units; (7) inoperative or cannibalized computers; (8) computers with fixed disk drives that have not been "scrubbed" to remove user files; (9) inoperative computer tenninals and similar cathode ray tubes; (10) equipment used to irradiate by means of x-ray or other penetrating rays; (11) equipment containing mercury switches, but not including operative motor vehicles or motorized over-the- road or off-road equipment; (12) counterfeit branded items, such as watches or jewelry, commonly referred to as "knock-offs"; (13) firearms; (14) pornographic material; and (15) pharmaceutical substances. 6. Right to Reassign Surplus Assets. Subject to the limitations of Section 4 hereof, the County may reassign any of the Partner's surplus tangible property assets delivered to the Thrift · . Agreement No. F AMO 2-050 Interlocal Agreement for Co-Utilization of Surplus Property Thrift Store Page 3 of 9 Store for disposal hereunder to the active use of the County or of any of its other participating co- utilization agencies. 7. Record Keeping and Payment Remittance. Not later than the lOth calendar day of each month, the County shall provide the Partner a detailed accounting of all the Partner's assets disposed of hereunder during the preceding month, together with payment for all such assets sold, less the County's sales commission fees and authorized expenses, pursuant to Section 4 hereof. Any interest earned on funds held by the County belongs to the County, and the Partner hereby expressly agrees that it has no right of ownership or claim to such interest. 8. Removal and Disposition of Partner's Unsold Assets. The County will notify the Partner when the Partner's surplus tangible property assets have not sold or been reassigned to the active use of the County or any of its other co-utilization partners, as provided herein, within a reasonable time and require pick-up by the Partner for the purpose of alternate means of disposal by the Partner. At the County's option, any such assets not retrieved by the Partner within one week of notification may be disposed of as salvage, and any proceeds thereof shall become the property of the County, and any costs thereof shall be charged to the Partner and withheld from any proceeds due the Partner. SECTION 3: RIGHTS AND DUTIES OF THE PARTNER UNDER THE AGREEMENT l. In its sole discretion, the Partner will detennine which items of its surplus tangible property assets it wishes to dispose of through the Thrift Store, subject only to the limitations of suitability which the County is authorized to establish pursuant to Section 2, Part 5 hereof. 2. Setting Minimum Sales Price. In its sole discretion, the Partner will determine the minimum sales price to set for each asset or asset type it delivers to the Thrift Store; provided, however, ifthe Partner fails to establish such minimum sales price in writing on the transfer of custody fonn, or other fonn provided for such purpose by the County, management of the Thrift Store shall determine the sales price(s), consistent with its established pricing practices. 3. Advance Notice of Surplus Asset Delivery. The Partner will notify the County in advance of its intent to deliver surplus tangible property assets for disposal hereunder, and will meet with authorized representatives of the County as needed or requested to arrange for transfer of custody of such assets, and to detennine other tenns and conditions for the disposal of the assets, including minimum sales price, if any. 4. Transportation of Surplus Assets To/From Thrift Store. The Partner is responsible for the transportation and delivery of all surplus tangible property assets to the County, which delivery shall be made only on dates and at times and places established by the County for that purpose. The Partner agrees that it will supply all necessary labor for loading and unloading of surplus tangible property assets delivered to or retrieved from the Thrift Store. 5. Ifrequested by the County, the Partner will assist in the set-up and display of the surplus tangible property assets at the time of their delivery by the Partner to the Thrift Store. · . Agreement No. F AMO 2-050 Interlocal Agreement for Co-Utilization of Surplus Property Thrift Store Page 4 of 9 6. Delivery of Unsuitable Assets Prohibited. The Partner will not attempt to deliver any surplus tangible property assets which the County has designated as unsuitable now and in the future, pursuant to its authority under Section 2, Part 5 hereof. 7. Transfer of Vehicle Ownership Documents; Authorized Signatory. Whenever vehicles or other motorized equipment of the Partner requiring registration by a governmental authority are sold at the Thrift Store, the Partner will send an authorized signatory to the sale event to execute the appropriate title transfer and registration documents on behalf of the Partner for delivery to the buyer; provided, however, at the Partner's option, the Partner can designate management of the Thrift Store to act on the Partner's behalfto execute the appropriate transfer of ownership and vehicle registration documents in lieu of sending an authorized signatory. 8. Asset Inspection and Viewing; Due Diligence. Bidders are required to conduct any research or due diligence of an asset proposed for disposal hereunder that they wish to conduct prior to making a bid. Bidders wishing to inspect assets belonging to the Partner which are not delivered to the Thrift Store for disposal hereunder, but rather are retained in the custody of the Partner, may make arrangements to do so at the Partner's discretion; provided, however, the Partner is required to establish at least one public inspection and viewing period during normal business hours, and to include the date and time for such inspection and viewing in its asset listing information supplied to the County. 9. Removal of Unsuitable or Unsalable Items. When notified by the County, the Partner will promptly retrieve and remove for alternate means of disposal by the Partner, all surplus tangible property assets which the County has determined to be unsuitable or unsalable. 10. Reassignment of Surplus Property to Partner. The Partner may acquire by reassignment any surplus tangible property assets of the County or of any of its other co- utilization partners which have been delivered to the Thrift Store, by payment of the marked prices for shelved (retail) items or suggested minimum bid prices for auction items. 11. Source of Asset Information; Limitations on Liability. The Partner is solely responsible for providing accurate, comprehensive information about each asset or category of assets it proposes for disposal hereunder, in the form and manner prescribed by the County. The County does not assume any responsibility for the content of information supplied by the Partner, and does not verify the validity or accuracy of that information. The County is not liable for any damages, losses, expenses or other injuries incurred by anyone as a result of relying on such information. 12. Exclusivity; Outside Negotiations Not Permitted. The Partner agrees that it will not withdraw, or separately negotiate to sell, agree to sell, promise to sell, or sell to a buyer, any surplus tangible property asset belonging to the Partner: (a) once such asset has been delivered to the County for disposal under this co-utilization Agreement as long as the County has not determined the asset to be unsuitable or unsalable; or (b) during the term of the listing of an asset offered for competitive bidding at an auction conducted by the Thrift Store; provided, however, the Partner may withdraw any such asset without prejudice or penalty after the first sale attempt Agreement No. F AMO 2-050 Interlocal Agreement for Co-Utilization of Surplus Property Thrift Store Page 5 of 9 by the Thrift Store or at the end ofthe tenn of the auction listing, respectively. Ifthe Partner sells or withdraws an asset in violation of this provision, the County shall be entitled to collect the full sales commission fee that it would have received for a successful sale, based upon the marked price or suggested minimum bid price of the asset, and the Partner agrees that the County may withhold such sales commission fee from any funds it is holding for the Partner then or in the future. 13. Linking to the Thrift Store Website; Non-Interference With Computer Network. The Partner agrees to incorporate a hyperlink from its Internet web site, if any, to the Internet website of the Thrift Store (hereinafter "the Web site") in the manner specified by the County, but that it will take no actions which are intended to have, or will have, or can reasonably be expected to have, the effect of hindering or interfering with the proper or efficient operation of the W ebsite, its functionality, security and/or supporting network infrastructure. SECTION 4: PAYMENT OF FEES AND COSTS 1. In General. In consideration of its services hereunder, the County is entitled to receive from the Partner a sales commission fee and reimbursement for various direct and indirect costs incurred by the County on behalf of the Partner. The Partner expressly agrees that any sales commission fees assessed by the County against defaulting bidders or buyers are penalties due the County, and do not relieve the Partner of responsibility for payment of any sales commission fees otherwise due the County pursuant to this Agreement. 2. Sales Commission Fee. This fee for services is assessed by the County at the following rates, for which the County provides sales staff, storage and display space, general publicity in print and electronic media, financial accounting of proceeds, collection and payment of state sales taxes, assistance with transfer of vehicle title and Florida vehicle registration, routine appraisals as deemed necessary by management ofthe Thrift Store, and other necessary or convenient activities, as further qualified by Paragraphs A.(2) and 0.(2) below, but not including placement oflegal notice advertising, special security and loss prevention measures, specialized appraisals, or casualty insurance coverage desired by the Partner or specifically required for the type of tangible personal property involved: A. For the sale of motor vehicles and motorized over-the-road or off-road equipment: (1) If consigned to the County and delivered into the possession of the Thrift Store for auction storage, inspection and viewing, processing of ownership and/or registration documents and transfer of possession to the buyer or hislher representative, a flat fee of Two Hundred Fifty Dollars ($250.00) for each such vehicle or equipment, or Four Percent (4.0%) of the sales price, excluding sales tax, whichever amount is greater. (2) If retained in the possession of the Partner for storage, inspection and viewing, processing of ownership and/or registration documents and transfer of possession to the buyer or hislher representative, a flat fee of Two Hundred Twenty-Five · . Agreement No. F AMO 2-050 Interlocal Agreement for Co-Utilization of Surplus Property Thrift Store Page 6 of 9 Dollars ($225.00) for each such vehicle or equipment, or Three and Six-Tenths Percent (3.6%) of the sales price, excluding sales tax, whichever amount is greater. B. For the sale of in-store shelved (retail) items priced as marked. not bid. except items pursuant to Paragraph C of this Part, a flat fee of Twenty-Five Percent (25%) ofthe sales proceeds, excluding sales tax, for all such items sold. C. For the sale of unclaimed police evidence. found/abandoned property. and forfeiture/seizure property. except items covered by Paragraphs A or D of this Part, a flat fee of Two Hundred Fifty Dollars ($250.00) of proceeds, excluding sales tax, per sale date; provided, however, if sales proceeds for the Partner's items total less than Two Hundred Fifty Dollars ($250.00) per sale date, the total sales proceeds, excluding sales tax. D. For the sale of collector-grade and limited circulation items, including fine art, china and jewelry; rare books, photographs, textiles, coins and stamps; exotic furs and haute couture apparel: (1) If consigned to the County and delivered into the possession of the Thrift Store for auction storage, inspection and viewing and transfer of possession to the buyer or his/her representative, a flat fee of Two Hundred Fifty Dollars ($250.00) for each such item or grouped collection of items (such as coins or stamps), or Four Percent (4.0%) of the sales price, excluding sales tax, whichever amount is greater. (2) If retained in the possession of the Partner for auction storage, inspection and viewing and transfer of possession to the buyer or his/her representative, a flat fee of Two Hundred Twenty-Five Dollars ($225.00) for each such item or grouped collection of items (such as coins or stamps), or Three and Six-Tenths Percent (3.6%) of the sales price, excluding sales tax, whichever amount is greater. (3) A one-time charge of One Hundred Seventy-Five Dollars ($175.00) per item or grouped collection of items (such as coins or stamps) will be assessed to cover the cost of a specialized appraisal or provenance certificate. If the Partner can supply a certificate of authentication from a recent appraisal, this charge will be waived. E. For all other items, a fee to be negotiated between the parties. 3. Reassignment of Partner's Surplus Tangible Property Assets. In lieu of disposal by sale to the public, the County may reassign any of the Partner's surplus tangible property assets hereunder to the active use of the County or of any of its other partners with which it has co-utilization agreements in effect. The County will report each such reassignment as a sale in its monthly accounting to the Partner, as required by Section 2, Part 7 hereof, and will remit the sales price of such reassigned asset(s) to the Partner as part ofthe periodic payment of sales proceeds required by Section 2, Part 7 hereof, less its fees and costs pursuant to Section 4 hereof. - Agreement No. F AMO 2-050 Interlocal Agreement for Co-Utilization of Surplus Property Thrift Store Page 7 of 9 SECTION 5: INSURANCE AND INDEMNIFICATION PROVISIONS 1. Neither the County nor the Partner assumes any responsibility or liability for any surplus tangible property assets lost, stolen, misplaced, damaged or destroyed while under the control of the Thrift Store. 2. Without waiving the right to sovereign immunity as provided by s.768.28 F.S., partner acknowledges to be self-insured for General Liability under Florida sovereign immunity statutes with coverage limits of$lOO,OOO Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. 3. In the event the Partner maintains third-party Commercial General in lieu of exclusive reliance of self-insurance under s.768.28 F.S., the Partner shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. 4. When requested, the Partner agrees to provide an affidavit or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status, which the County agrees to recognize as acceptable for the above-mentioned coverages. 5. Compliance with the foregoing requirements shall not relieve the Partner of its liability and obligations under this Agreement. SECTION 6: TERMINATION This Agreement shall continue in full force and effect until terminated by either party upon thirty (30) days written notice to the other; provided, however, if the County or the Partner fails to perfonn its responsibilities under this Agreement, either party may, upon notice to the other, immediately terminate this Agreement. Ifthis Agreement is tenninated, each party shall retain its respective rights to any surplus tangible property assets held by the Thrift Store, and the Partner agrees to remove all remaining surplus tangible property assets for alternate means of disposal by the Partner within one week of notification, or the County may dispose of all such assets pursuant to Section 2, Part 8 hereof. SECTION 7: NOTICE All notices required to be given hereunder shall be deemed sufficient when delivered by certified mail as follows: To the County: Director of Financial Management Division Room 702.25 Palm Beach County Governmental Center 301 North Olive Avenue West Palm Beach, FL 33401 ----~--- Agreement No. F AMO 2-050 Interlocal Agreement for Co-Utilization of Surplus Property Thrift Store Page 8 of 9 With a COPy to: Fixed Assets Manager Room 206.1 Palm Beach County Governmental Center 301 North Olive Avenue, West Palm Beach, FL 33401 To the Partner: City Manager 100 NW 1 st Avenue Delray Beach, FL 33444 With a COpy to: Environmental Services Director 434 S. Swinton Avenue Delray Beach, FL 33444 SECTION 8: FILING Prior to becoming effective, this Agreement and any subsequent amendments thereto shall be filed with the Clerk ofthe Circuit Court of Palm Beach County. II II II II II II II II II II II II II II II II II II II II II II Agreement No. F AMO 2-050 Interlocal Agreement for Co-Utilization of Surplus Property Thrift Store Page 9 of 9 IN WITNESS WHEREOF, the parties have executed this Agreement effective the date first above written. ATTEST: PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY SHARON R. BOCK, CLERK COMMISSIONERS BY: BY: Deputy Tony Masilotti, Chairman ATTEST: CITY OF DELRA Y BEACH, FLORIDA City Clerk BY: BY: Deputy Jeff Perlman, Mayor APPROVED AS TO FORM APPROVED AS TO FORM AND LEGAL SUFFICIENCY AND LEGAL SUFFICIENCY BY: BY: County Attorney City Attorney ~~n "~~!!!!'!!~~3~~s" 3323 Belvedere Road. BUll I 955. Fax: 561-233-2257 phone: 561-233-22 AUCTION SCHEDULE PALM BEACH COUNTY ::'SO Stc Date: Saturday. May 21, 2005 800 am - 2:00 pm THRIFT STORE U S ?ostaçe PAID Time: Viewing and Bidding 8 00 am - 11 :00 am :;:: :¿ .¿;¿re qoad aUlldlng 507 Vehicles started once Approximately 9:00 am 'Nes: ":;.,.... 8eac:, ::- Bid Award- 11 30 am :.¿:. =, - 3¿ach. Fl 33406 Per~'t No 603 Visit our Website: www.pbcgov.com Go to County Surplus Link for Info on Projected Specialty EquiptlVehlcle Bid Sale EQUIPMENT, JEWELRY, Mise BID ITEMS · Hamlin Hydraulic Lift · Heavy Duty Landscape Equipment · Computers & Electronic Components · Jewelry: Blue Topaz Brooch, Diamond Earring, European Cut Diamond lilt' (faUlty H"..'r\lt" :ht' rltjht rù wlU'\1r,lw 1I)y 1tt>1Il or to HJd Item... 411 rt'I'" f~ ...ùld "AS 1S/\\lHERE IS' No fJUtl( .,Ih't". fir W."r UHh" rlthi'( ~,µr~,,~d or unplu>.¡ ~JI 'HIIt·c, HI..' fln.1I ,JW ..J', h, or exch.U1ge.,¡ ß1P fhnlt ')Wrt,¡, Ie ("pi'. r I....h I _,...hll'l\ I ht·d.... ;.t..,~ IIt'd .Iw...."''- fr,w..I..(" l ht'tk\, M,b(t"\.... II·' .. 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"',...___.._6 .._~.. __. ~ .n. ._ .",,0' .1. _..J .___ AGENDA ITEM NUMBER: ~~ AGENDA REQUEST Date: May 31, 2005 Request to be placed on: June 7. 2005 X Regular Agenda Special Agenda Workshop Agenda When: June 7,2005 Description of agenda item: Staff requests Commission approval of an agreement with Palm Beach County for participation in the County's surplus asset disposal program known as the Palm Beach County Thrift Store. This program will replace the City's annual auction as a means of disposing of surplus assets. They City will deliver assets to the County site on Belvedere Road on a regular basis. The County will administer all auction activities and remit the City's portion of the revenues to the City. Staff considers this program a cost effective alternative to the City's current annual auction It will be less time intensive for staff and require less storage space for assets marked for auction. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft of Resolution Attached: YES NO X Recommendation: Staff recommen Department Head Signature: 5,$1-0S Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes No Funding alternatives (if applicable): Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda: @ ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # AGENDA ITEM NUMBER. . ~ .. [IT' DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 2f)() '\W hi AVE:\CE' DELR.\\- BEACH FLORIDA 3344-'1- '1 I LI-.PHO'Œ :-hl i2-+~-:Ol)()' F"\CSI\'IILE :-61/278-4ì55 DELRAY BEACH Writer's Direct Line: 561/243-7091 ~ All-America City , III I! DATE: MEMORANDUM June 3, 2005 1993 TO: City Commission 2001 David Harden, City Manager ~~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Consent to Assianment Reaardina the Lease Aareement With the Buckv Dent Baseball School The City leases to the Bucky Dent Baseball School (BDBBS, Inc.) land known as the Miller Field Complex as well as other adjoining land to be used in conjunction with the baseball school. Paragraph 8.01 of the lease agreement provides the school must obtain the City's consent to assign the lease. Any change in the operation or control of BDBBS, Inc. shall be deemed an assignment. BDBBS, Inc. has requested the City's approval of the change of ownership of the corporation. (see attached letter) Joe Weldon, Parks and Recreation Director, has no objection to this request. Our office requests that this item be placed on the June 7, 2005 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk . Joe Weldon, Parks and Recreation Director ~5 ~ .,orld's premier ".··1:'r:eb." school" , 490 Dotterel Road Delray Beach, Florida 33444 (561) 265-0280/ Fax (561) 278-6679 www.dentbaseball.com May 10, 2005 Joe Weldon, Director Parks & Recreation Department '!he City of Delray Beach 100 N. W. First Avenue Delray Beach, FL 33444 Dear Joe: '!his is our fozma1. request to transfer Bucky Dent's Baseball Schools I (BDBBS, Ine) lease fran B. 14.ichael Wiggins to Mr. Ibnald Uderitz. '!he name of the School will not change. B1Jcky and I will be staying on in the same capacity. lofr. Uderitz will be the new OWner and our Operation will stay exactly the same as it has been. 'Ihank. you for your time and cooperation. Sincerely, .L al Manager IH:cg BY HAND . . . CONSENT TO ASSIGNMENT The undersigned, the City of Delray Beach, a Florida municipal corporation, being a party under that certain agreement dated February 13, 2003 and originally between the City of Delray Beach and BDBBS, Inc., does hereby give consent to the assignment of the ownership of BDBBS, Inc. from Michael Wiggins to Donald Uderitz who shall assume all terms 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 form and Sufficiency: By: City Attorney -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ¿,¡vj SUBJECT: AGENDA ITEM # ßT REGULAR MEETING JUNE 07,2005 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: JUNE 3, 2005 Attached is the Report of Appealable Land Use Items for the period May 16,2005 through June 3, 2005. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Comnussion. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S:\Clty Clerk\agenda memos\apagmem 060705 I . ". . CITY COMMISSION DOCUMENTATION I TO: DAVI~ ,CI THRU: PAUL ORLlNG, DIRE R OF PLANNING AND ZONING FROM: JASMIN ALLEN, PLANNEt-^'-~ SUBJECT: MEETING OF JUNE 7, 200 *CONSENT AGENDA * REPORT OF APPEALABLE LAND USE ITEMS MAY 16, 2005 THRU JUNE 3,2005 1- ,.... ACTION REQUESTED OF THE COMMISSION , The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of May 16, 2005 through June 3, 2005. 1 . ~"" BACKGROUND , 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 MEETING OF MAY 23, 2005 f ,. ."" No appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission: · Recommended approval (4 to 0), of a rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) for the La France Hotel, located on the west side of NW 4th Avenue, approximately 80 feet south of Martin Luther King Jr. Drive (NW 2nd Street). · Recommended approval (4 to 0), of a privately initiated amendment to the Land Development Regulations Section 4.4.21 "Community Facilities (CF)" to add senior housing developments as a conditional use in the CF (Community Facilities) district; Section 4.3.3 "Special Requirements for Specific Uses"; to provide specific regulations for "Senior Housing Developments" and Appendix A "Definitions" to provide a definition for senior housing. · Recommended approval (4 to 0), of a conditional use request to allow the establishment of a senior housing development which includes the conversion of the La France Hotel, an existing boarding house to accommodate eight (8) efficiency units and the construction of a new two-story building accommodating six 1-bedroom units, located on the west side of NW 4th Avenue, approximately 80 feet south of Martin Luther King Jr. Drive (NW 2nd Street). City Commission Documentation Appealable Items Meeting of June 7,2005 Page 2 · Recommended approval (4 to 0), of a Future Land Use Map amendment from OS (Open Space) to LD (Low Density Residential 0-5 du/ac) and rezoning from OSR (Open Space and Recreation) to R-1-A (Single Family Residential) for a 0.978 acre parcel of land located on the north side of Greensward Lane within The Hamlet Country Club, located south of the intersection of West Atlantic Avenue and Hamlet Drive. · Recommended approval with conditions (4 to 0), of a conditional use request to allow the establishment of an adult gaming center to be known as Fun City, occupying a 1,222 sq. ft. tenant bay within Delray Square Shopping Center, located on the northeast corner of Military Trail and West Atlantic Avenue. · Recommended approval (4 to 0), of the transmittal of Comprehensive Plan Amendment 2005-1, which includes the following: 1. Amendments to the Text of the Comprehensive Plan Include: . Future Land Use Element - Modification of Policy C-2.6 to reflect adoption of a Redevelopment Plan for Redevelopment Area #5 (Osceola Park), and that future development in this area shall be consistent with the Plan. . Future Land Use Element - Modification of Policy C-1.4 to correct the described boundaries of the North Federal Highway corridor. 2. Amendments to the Future Land Use Map Include: 1. City initiated Future Land Use Map Amendment from RDA #5 (Redevelopment Area #5) To CC (Commercial Core) in part, GC (General Commercial) in part, MD (Medium Density Residential 5-12du/ac) in part and LD (Low Density Residential 0-5 du/ac) in part, for the Osceola Redevelopment Area, comprising 35.6 acres and generally located between SE 2nd Street and SE 5th Street and between SE 5th Avenue and SE 1 st Avenue and rezoning from RM (Medium Density Residential) to R-1-A (Single Family Residential) for a 5.9 portion of the Osceola Park Redevelopment Area, generally located between SE 2nd Street and SE 3rd Street and between SE 2nd Avenue and SE 5th Avenue. 2. City initiated Future Land Use Map amendment from County - MR-5 (Medium Residential 0-5 du/ac) to City - LD (Low Density Residential 0-5 du/ac) and rezoning from County - AR (Agricultural Residential) to City - R-1-A (Single Family Residential) for Country Club Acres, located on the east side of Military Trail, south of West Atlantic Avenue. 3. City initiated Future Land Use Map amendment from County - INST (Institutional) to City - CF (Community Facilities) and associated annexation (via the provisions of the executed Water Service Agreement and Consent to Annexation) with initial zoning of CF (Community Facilities) for Delray Medical Center, located on the south side of Linton Boulevard, approximately 1,240 feet west of Military Trail. · Recommended approval (4 to 0) of a City-initiated amendment to the Land Development Regulations Appendix" A" Definitions, regarding the definition of restaurants. ----- - -------- City Commission Documentation Appealable Items Meeting of June 7, 2005 Page 3 . Recommended approval (4 to 0), of a privately-initiated amendment to the Land Development Regulations Section 4.4.18(8)(4) to add vocational and commercial schools within the service industry land use category of the Planned Commercial Center (PCC) zoning district. . Recommended approval (4 to 0), 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 the National Flood Insurance Program Regulations. ~ .....,.. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF MAY 25,2005 r A. Postponed with direction (6 to 0, Reginald Cox absent), a request for an exception to the master sign program for Chrissy's Sweet Treats, located at the southeast corner of SE 5th Avenue and SE 2nd Street (201-203 SE 5th Avenue). B. Postponed with direction (6 to 0), a request for a master sign program for Congress Park South, located on the west side of Congress Avenue, south of Atlantic Avenue (430 South Congress Avenue). C. Approved (5 to 0, Mark Gregory stepped down), a new blanket sign program for the Sopra Center, located on the south side of East Atlantic Avenue, east of SE 1st Avenue (110 East Atlantic Avenue). D. Approved with condition (6 to 0), an amendment to the master sign program for Delray Plaza, located on the east side of South Federal Highway, south of Linton Boulevard (2275 South Federal Highway). E. Approved with condition (6 to 0), an exception to the master sign criteria for a flat wall sign and a tenant panel in the free standing sign for Subway at lavers International Plaza, located at the southeast corner of Linton Boulevard and SW 10th Avenue (660 Linton Boulevard). F. Approved with conditions (6 to 0), of a Class III site plan modification, landscape plan and architectural elevation plan for Mike Machek Boy Scout Park, located on the north side of Lake Ida Road, west of Swinton Avenue. G. Approved with conditions (5 to 0, Jose Aguila stepped down), a Class III site plan modification, landscape plan and architectural elevation plan for lake Ida Park, located at the intersection of NW 11 th Avenue and Lake Drive. H. Approved (6 to 0), a Class III site plan modification associated with the conversion of a tenant space from service industry to restaurant for Delray Park of Commerce, Tract "K-3" ,located at the northeast corner of Congress Avenue and NW 1ih Avenue (1405 North Congress Avenue). I. Approved with conditions (4 to 0, Dan Carter and Nancy Stewart stepped down), a Class III site plan modification, landscape plan and architectural elevation plans associated with the construction of a mixed used development that consists of 114 ---- --~- - City Commission Documentation Appealable Items Meeting of June 7,2005 Page 4 residential units and 23,584 sq. ft. of general commercial floor area for Latitude Delray (fka Lindell Square), located at the northwest corner of Lindell Boulevard and South Federal Highway. Concurrently, the Board approved the following internal adjustment: . Reduced the minimum horizontal distance between condominium buildings # 7 from 72' to 63' and for building #9 from 47' to 37'. Additionally, the Board denied waiver requests to allow a 6.5' high picket fence and retaining wall to encroach within the required 20' special landscape along Old Dixie Highway; and to allow a 42" high picket fence to encroach within the sight triangle at the intersection of Lindell Boulevard and Old Dixie Highway. J. Approved with conditions (5 to 0), a Class V site plan, landscape plan and architectural elevation plan for Bamboo North/South, a proposed 23 unit townhouse and condominium development with retail and office areas, located on the north and south side of SE 2nd Street, east of SE 1st Avenue. Concurrently, the Board considered the following waivers: · Reduced the required landscape strip between the off-street parking and the abutting building from 5' to 3'6". · Reduced the required stacking distance between the right-of-way and the first parking space at the SE 2nd Street parking lot entrance from 20' to 7' and from 20' to 6' at the alley driveway on the north site. · Reduced the perimeter landscape strip at the northwest corner of the northern parking lot from 5' to 4'. · Reduced the perimeter maneuvering area at the southwest corner of the parking garage for the north building from 24' x 6' to 24' x 4'. ~ ,....., "!!,.'~" HISTORIC PRESERVATION BOARD MEETING OF MAY 18, 2005 1 . . " 1. Approved (4 to 0, Jeffrey Silberstein, John Miller and Linda Lake absent), a request for a Certificate of Appropriateness associated with the installation of aluminum-framed impact resistant windows for 1109 Seaspray Avenue. 2. Approved with conditions (4 to 0) a request for a Class V site plan, landscape plan, architectural elevation plan and a Certificate of Appropriateness associated with demolition of a garage and removal of the swimming pool and construction of two new dwellings at 302 NE ih Avenue (northeast corner of NE ih Avenue and NE 3rd Street). ~_....,.".P' "~:"HIŠföRlé-'PRESERVATION BOARD MEETING OF JUNE 1,2005 1 3. Approved with conditions (6 to 0, Francisco Perez-Azua absent), a request for a Certificate of Appropriateness associated with the relocation of the existing front entrance and the replacement of an existing window for a contributing residence located at 125 NW 3rd Avenue. 4. Approved with conditions (6 to 0), a request for a Certificate of Appropriateness associated with the replacement of flat cement roof tiles with concrete "s" tiles for City Commission Documentation Appealable Items Meeting of June 7, 2005 Page 5 contributing residence located at 321 North Swinton Avenue. The Board recommended that either a barrel tile or flat concrete tile be utilized. 5. Approved (6 to O), a request for a Certificate of Appropriateness associated with the installation of aluminum frame doors and windows located at 19 South Swinton Avenue. 6. Postponed (6 to 0), a request for a Certificate of Appropriateness associated with exterior color change for a contributing residence located at 33 Palm Square. The Board suggested that colors more appropriate with the historic area be used. 7. Approved with conditions (6 to 0), a Class III site plan, landscape plan, architectural elevations plan and Certificate of Appropriateness associated with the renovations of and an addition to an existing commercial building, located at 139 NW 5th Avenue (southeast corner of Martin Luther King Jr. Drive and NW 5th Avenue). 8. Postponed (5 to O), Jeffrey Silberstein stepped down), a request for a Certificate of Appropriateness associated with the construction of a 1,882 sq. ft. 3-story residential addition for the House of Vintage, located on the east side of South Swinton Avenue, south of SE 1st Street (123 South Swinton Avenue). The Board recommended changes to the height and style of the addition. The Board suggested that the height of the addition be reduced and that the style be more appropriate with the surrounding historic area. t'l"~!!'Ir'll":'!~lth"'I" . ': ".... ",' " .. I RECOMMENDED ACTION By motion, receive and file this report. Attached: Location Map - ---- ---------- CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - JUNE 7, 2005 L -30 CANAL Q '" ~ ~ UJ <: ..... is! :::> 0 « Q) ~ >- <S ð ¡z '"' 5 u:., >- <: L5 :iE '" '" a (§ IDA '" LAKE G I :z:1 '" I ü 51 :iE I ~I '" Cð ( c I I r- - Q I L _ _ _ r-- L___-I--, '" I I èi1 o- j I I I I I L_ L__ I --------1 I I I I S W 2ND ST I '-, ATLANTIC I I In ~ LlL, ~ L \> .... a ~ I '" ~ ==1 "-' ~I :5 0 .... '"'I Q) LOWSON BOULEVARD ...... ..... \ ~ ...1 Q 0 ~ 11::1 ~ , ~ "-' ::¡; ..... ..... 0 :i LINTON BOULEVARD I'" ~ I I"~ =1 I "" O'::D \ ì GER, L_ \ I "44'TO/1? I I ~ I I I :z:1 I I ..... I ::>1 I 0 '-__-1 "'I '" ..... >1' I '" ~ <S r t:> '" ~ u:., <.> - - - L-38 CANAL C-t5 CANAL SPRAB HPB A. CHRISSY'S SWEET TREA TS 1.1109SEASPRAYAVE. B. CONGRESS PARK SOUTH 2. 302 NE 7TH AVE - - - - - CiTY i...-~-1ITS - - - - - C. SOPRA CENTER 3. 125 NW 3RD AVE. D. DELRA Y PLAZA 4. 321 N. SWINTON A VE I ONE MILE I E SUBWA Y ( LA VERS INTERNA TlONAL PLAZA) 5. 19 S SWINTON A VE. F. BOY SCOUT PARK 6. 33 PALM SQUARE GRAPHIC SCALE G LAKE IDA PARK 7.139 NW 5TH AVE. H DELRA Y PARK OF COMMERCE TRACT "K-3" 8. HOUSE OF VINTAGE CITY OF DELRA Y BEACH. FL I. LA TITUDE DELRA Y PLANNING & ZONING DEPARTMENT J. BAMBOO NORTH I SOUTH MA Y 2005 . DIGITAL BASE '-lAP SYSTEM.. --- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~ U - REGULAR MEETING OF JUNE 7. 2005 AWARD OF BIDS AND CONTRACTS DATE: JUNE 3, 2005 This is before the City Commission to approve the award of the following bids: 1- Bid award to Allied Chemical in the estimated annual cost of $28,873.20 via the City of West Palm Beach Co-op Bid #04/05-25 for the purchase of liquid chlorine and calcium hypochlorite. Funding is available from 441-5122-536-52.20 (Water/Sewer Fund/ General Operating Supplies), 441-5144-536-52.21 (Water/Sewer Fund/Chemicals), and 441-5123-536-52.21 (Water/Sewer Fund/Chemicals) FY 05/06. 2. Bid award to Allied Universal Corporation in the amount of $232,250.00 via Village of Palm Springs Resolution No. 2005-31 for the purchase of Sodium Hypochlorite. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals) FY 04/05 and FY 05/06. 3. Bid award to various vendors for the purchase of automotive parts at an estimated annual cost of $60,000.00. Funding is available from 501-3311-591-52.20 (Central Garage Fund/External Parts). 4. Bid award to Bermuda Landscape, D.B.A. Southeastern Irrigation in the amount of $314,141.00 for the West Linton Boulevard Beautification Project. Funding is available from 119-4151-572-63.20 (Beautification Trust Fund/Landscaping/Beautification). 5. Purchase award to Municipal Lighting Systems, Inc. in the amount of $24,800.00 for the purchase of sports light poles/fixtures for the Catherine Strong Park Project. Funding is available from 380-4150-572-62.59 (2004 G.O. Bond/Catherine Strong Center). 6. Bid award to Southeastern Pump in the estimated annual cost of $65,000.00 for the purchase of submersible wastewater pumps. Funding is available from 441-5144-536- 46.20 (Water/Sewer Fund/Equipment Maintenance) FY 04/05 and FY 05/06. 7. Purchase award to RLS Lighting, Inc. in the amount of $29,760.00 for the purchase of thirty (30) Aluminum Litter Containers with PVC liners and lids for Adantic Avenue (west of Swinton Avenue). Funding is available from 433-3711-534-49.90 (Sanitation Fund/Other Current Charges). Recommend approval of the above bids and purchases. S:\Clty Clerk\agenda memo\Bld Memo 06 07 05 MEMORANDUM TO: David T. Harden, City Manager FROM: Jacklyn Rooney, Pnrchasing Manage~ THROUGH: Joseph Saffof(ì~ance Director DATE: May 23, 2005 SUBJECT: DOCUMENT AnON - CITY COMMISSION MEETING JUNE 07, 2005 - CO-OP BID FOR LIQUID CHLORINE AND CALCIUM HYPOCHLORITE CITY OF WEST PALM BEACH #04/05-25 Item Before Commission: The City Commission is requested to approve award to Allied Chemical for the purchase of liquid chlorine and calcium hypochlorite at an estimated annual cost of$28,873.20 for the City of Delray Beach. Background: The City of West Palm Beach is the lead agency for this cooperative bid. Bids were received on March 22,2005 from three (3) bidders (two of which were no-bids). A copy of the tabulation of bids is attached for your review. City of West Palm Beach, on March 23, 2005, awarded this contract to Allied Chemical Corporation for the purchase of liquid chlorine and calcium hypochlorite per attached memo dated March 23,2005 to the Palm Beach County Co-op Members. The Manager of the Water Treatment Plant recommends approval for the award to Allied Chemical Corporation for the purchase of liquid chlorine and calcium hypochlorite at an estimated annual usage of$28,873.20 for the City of Delray Beach via City of West Palm Beach Co-op Bid #04/05-25. Recommendation: Staff recommends award to Allied Chemical Corporation of liquid chlorine and calcium hypochlorite for the total estimated annual cost of$28,873.20. Funding from account code 441- 5122-536-52.21 for $24,148.20, 441-5144-536-52.21 for $4,200, and 441-5123-536-52.21 for $525.00. Funding from FY 2001_ 2006 budgets. Attachments: Memos from City of West Palm Beach Tabulation of Bids E-Mail from Manager Water Treatment Plant 3.U.1.. ------~-- --------- -- --- ESTIMATED QUANTITIES FOR CITY OF DELRA Y BEACH BY DEPARTMENT Department: Est. Quantity Total Water Treatment Plant: Liquid Chlorine 24 tons @ $678.05 per ton = $16,273.20 Calcium Hypochlorite 7,500 lbs. @ $105.00 per 100 lb. drum Or $1.05 per lb. = $ 7,875.00 Account Code: 441-5122-546-52.21 ESD Utility Maintenance: Calcium Hypochlorite 4,000 lbs. @105.00 per 100 lb. drum Or $1.05 per lb. = $ 4,200.00 Account Code: 441-5144-536-52.21 ESD WaterlSewer: Calcium Hypochlorite 500 lbs. @105.00 per 100 lb. drum Or $1.05 per lb. = $ 525.00 Account Code: 441-5123-536-52.21 TOTAL $28.873.00 :IE ~ <i. Eo:;; "0 'C 'C 'C ... "0 ... ... ... 'C :;, - ~ <II -ID -ID ID- ·ID- ID"" .- .: "" .: .- o "Ci'c"=,,<» ID ID ID ID ID o -8.... 0 0 0 0 0 0 0 0 0 0 ö ð e:¿ Z Z Z Z Z Z Z Z Z Z -.:- _:J: I'll @ Si It) ~ -:õ o I'll !~ sa E "Co-3 _ :2 :2 'S! 'S! :2 'S! 'S! :2 :2 'S! .... S - c ~ ID ID ID ID ID ID ID ID ID ID ~ C ~~ <II 0 0 0 0 0 0 0 0 0 0 N _ "'0 Z Z Z Z Z Z Z Z Z Z N It: :!i! . .c ~ &:5 u ::J ... ca _ :E :!i!!ã<» 3! :2"5!:2 3! :2 'S! :2 :2 :2 ::I"Cc.... 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Ið cø .... co CÐ ... ... ....... ãi3: Message Page 1 of 1 Nadal, Patsy From: Bullard, John Sent: Wednesday, May 11, 2005 6:55 AM To: Nadal, Patsy Cc: Beatty, Dan Subject: Acceptance of Chloñne Bid May 11,2005 Patsy Nadal Buyer, Purchasing I accept the City of West Palm Beach CO-OP Bid # 04/05-25 for the purchasing of Uquid Chlorine and Calcium Hypochlorite from the Allied Universal Corporation. John M. Bullard W.T.P. Manager 5/11/2005 The PROCUREMENT DIVISION 1045 Charlotte Avenue ,-""I City West Palm Beach, FL 33401 TEL: (561) 659-8036 Of FAX: (561) 835-0028 West Palm CJJeach "The Capital City of the Palm Beaches" March 23, 2005 Allied Chemical Corporation Attn: Catherine Guillarmod 3901 N.W. 115 Avenue Miami, FL 33178 RE: Sealed Bid No. 04/05-25 -Liquid Chlorine & Calcium Hypochlorite Co-Op Bid Notice of Award Dear Ms. Guillarmod: This letter will advise you that Allied Chemical Corporation has submitted a bid for the subject project that has been determined to be the best value to the City for the items as listed on the attached award page and as described in the Invitation to Bid. The term of this agreement shall be for one year beginning on April 1, 2005 and ending on March 31, 2006, with the option for renewal. The City will issue separate purchase orders based on the specific items and fixed prices listed in the bid and attached to this letter. 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(f' ........J . cu I .- en a..u c: ~ C .....u.. -( ) ( )C Š· ëm S cu J: :ijm -....J - . ~m ~.s C» Cf) I: . 5šu.. e ( ) enP ä:....J c: ( ) cu.c ä:c: .- ::J Q)~ ( )CO ( )cu ....u.. 0 'x ( ) -u .§~ CUe en .....c .§~ 'tÆ .....9 ~Q) en.... St:: _a.. S,¿ U i5 I: L::"Q) 8 f/I_ ë: ~~ ~Æ ~~ 8~ m·~ CUI cu u .c "0 S Sc ~m t:: - cu I: :;il: cu . ..9:? .....2:: ~~ 0 ð f/I ~~ ~~ Õ m( ) t-o:: ajm z ( ) - . æ~ ::::J.9 u €ª æ : m . z ~ (f' . C.5 aC: . "0 ~.s ...- ( )$? - ... -1:1 ~~ c....J ...- a cu- en~ æ~ ...- o~ cu > ~S ~~ 10 'CU 0 .... ~ã5 wen (\') Z« ~ã5 ~o:: ~o.. ~u.. 0) 10 - I: cu .c .c a: u u Cüë CD .c £ !B !B E u £ .c .c -5 I:( ) m !B m CO .Q .§ S 1\1 U U .c € cu z m m m CU CU t:: ( ) E E C»cu f/I cu Æ ( ) 0 0 CO Cü ãi ~~ Q) ~ I: c: m en .~ I: 0 0 ~ ~ 1; ~ ~ ~ a.. a.. -l- S ~ ~ ~ - - ~ .... c: e .... .... .... ( ) ( ) Q) f/I ~ -Q) I- CU UJ "Q) "Q) "Q) ~ ~ .::; ( ) 1:_ ....J 0 0 cu CU æ ~ ~ ð~ - m m 0 a C ....J ....J 0 - 0 õ - 'õ 'õ 'õ 'õ 'õ 'õ 'õ 'õ -=S ~ f/I 0 I: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ::J f/I ~ ~ o cu U U U U U U U U U u en~ :> t- o , I -- AGENDA ITEM NUMBER: '6 u \ L AGENDA REQUEST Request to be placed on: June 07, 2005 Date: May 23, 2005 -XL Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Approval for bid award to Allied Chemical for the purchase of liquid chlorine and calcium hypochlorite at an estimated annual cost of $28,873.20 via the City of West Palm Beach Co-op Bid #04/05-25. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Approve award to Allied Chemical for the purchase of liquid chlorine and calcium hypochlorite at an estimated annual cost of $28,873.20 via the City of West Palm Beach Co-op Bid #04/05-25 Funding from account code 441-5122-536-52.20 for $24,148.20, 441-5144-536-52.21 for $4,200.00 and 441-5123-536-52.21 for $525.00. Funding from FY 2005-2006 budgets. Department Head Signature: ~ ~ ~ ~ Determination of Consistency with compreh~ive Plà City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes 1/.;( $ No Funding alternatives' (If applicable) Account Number: SL--' tl b dÝ ¿ Account Description: ~ýJAl{á.ÁS Account Balance: N/A r,-! ð S jOh ;Br;-ld gc+ City Manager Review: Approved for agenda B 4 No Hold Until: Agenda Coordinator Review: Received: - MEMORANDUM TO: David Harden, City Manager FROM: Patsy Nadal, Buyer ~ THROUGH: Joseph Safford, Finance irector DATE: 5/23/2005 SUBJECT: DOCUMENTATION-CITY COMMISSION MEETING JUNE 7, 2005 - CO-OP AWARD SODIUM HYPOCHLORITE - ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve award to Allied Universal Corporation via Village of Palm Springs Resolution No. 2005-31 for the purchase of Sodium Hypochlorite (liquid chlorine) at bulk rate, for an estimated annual cost of $232,250.00. Backaround: Allied Universal Corporation has agreed to extend to the City of Delray Beach the same pricing per the Village of Palm Springs for Sodium Hypochlorite Resolution No. 2005-31 passed and adopted April 14, 2005. The pricing will be in effect from May 13, 2005 through April 12, 2006. Sodium Hypochlorite/Bulk $.707/gal. (Full truckloads, 4800 Gallons) .807/gal. (Small Deliveries of 500 to 4,500 Gallons) This cost is below our current vendor, Commercial Chemical at $.88 per gallon with an increase to $1.00 per gallon as of April 1 ,2005. The cost for Sodium Hypochlorite (liquid chlorine), at the agreed price of $.707 per gallon with Allied Universal for fiscal year 2004/2005 will be $74,500.00 and the balance for fiscal year 2005/2006. Recommendation: Staff recommends the award of Sodium Hypochlorite from Allied Universal Corporation via Village of Palm Springs Resolution No. 2005-31 for an estimated annual cost of $232,250.00. Funding from account #: 441-5122-536-52.21 Attachments: Letter from Allied Universal Corp. Resolution No. 2005-31 Village of Palm Springs Commercial Chemical Price increase Department Approval Email Cc: Jackie Rooney, Purchasing Manager~ Dan Beatty, Deputy Director of Public U . Ities John Bullard, Water Treatment Plant Manager - 1 - ~\).'J- 05/15/2005 10: 01 305500'3750 ALLIED UNIVERSAL CO PAGE 01/01 3901 NW 115 Avenue Miami, Florida 33178 305-888-2623 office 305-885-467 J fax , " "," ¡¡.~:...'ì:1,~~~:~? ..~\.::,~-,~:.. "',-' ' .- May 13, 2005 Ms. Patsy Nadal Purchasing Dept. City of Delray Beach Delray Beach, FL FAX: (561) 243-7166 Dear Patsy: Per our conversation. we agree to extend to the City of Delray Beach, the same pricing that we bid to the Village of Palm Springs, for Sodium Hypochlorite, as listed below: Sodium Hypochlorite/Bulk - $.707/Gal. (Full truckloads, 4,800 Gallons) $.807/Gal. (Small Deliveries of 500 to 4,500 Gallons) This pricing will be in effect from May 13, 2005 through April 12, 2006. If you are in agreement with this, please indicate your acceptance by signing below and faxing a copy of this letter back to my attention, no later than May 18,2005. Thank you for your consideration and cooperation. Respectfully, ALLIED UNIVERSAL CORPORATION CITY OF DELRA Y BEACH - r cc: J. Palmer, AUC President - CEO C. Fernandez, AUC Vice President of Sales ._ >, ~' _. ~:"';fl'O'~._:lf:J~~\ ~;1~'~~J1~~~~?~~-~, ~~~,~ . ï ~,~- 3901 NW t 15 Ayenue 950t Ranseline Road 30 Nell Gunn Drive 521$ W Tyson Avenue Muut\Î, rloddlt JJ 1 78 f't f'tcrcc, fluruli134987 Ellisvll1e, MS 39437 Tampa, Florida 33611 305-888-26,23 772-464..j) 195 601-477-25$0 813·832·4868 8350 NW 93f11 Street 204 SCM Road 1405 PC)r 5\l1TJ Hollow Roa( 2100 Port Road Miami, Florida 33166 Bnmswick, GA 31525 Ranger, GA 30734 Wen MemphIs, AR 7,2301 305-888-,2623 912·267·9470 706-334-7377 870-732-3107 305-463-8369 ALLIED UNIVERSAL COR PAGE 02 05/11/2005 07:27 .. FROM ':PALMØSPRING FAX NO. :95619650899 Apr. 26 2Øøs Ø9: 48AM P2 RESOLUTION NO. 2005-31 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF PALM SPRINGS, FLORIDA. AWARDING A BID FOR THE PURCHASE OF SODIUM HYPOCHLORITE TO ALLIED UNIVERSAL CORPORA11ON. OF MIAMI~ FLORIDA, IN THE AMOUNT OF $311,290; AND PROVIDING AN EFFECTIVE DATE. WHEREAS. it is in the best interest of the Village to establish fbc;ed pricing for the purchase and delivery of Sodium HypOChlorite in bulk to our two (2) Water Treatment Plants within the Village of Palm Springs Utility Service Areas, and funds are available for this purchase; and WHEREAS, sealed Bid 2005-03 for this project has been duly noticed, received, opened and reviewed; and WHEREAS, the Village Staff and Village Ma1ager have determined that this pricing meets all the sp&ctfications for this purchase and have made a recommendation of same to the Village Council. NOW. THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF PALM SPRINGS, FLORIDA: Section 1. Based upon review of the bid attached hereto and incorporated herein as Exhibit A, and the appropriations allocated for this purchase, the Village Council hereby grants approval for the purchase of Sodium Hypochlorite to Allied Universal Corporation of Miami, Florida, in the amount of $311,290, to be expended from Account 41336-55205. Sectfon 2. The Village Manager and Village Clerk are hereby authorized to execute any and all documents neœssæy to complete the award of this bid to Allied Universal Corporation of Miami, Florida. 05/11/2005 07:27 305-463-8369 ALLIED UNIVERSAL COR PAGE 03 .- . FAX NO. :9561965Ø899 Apr. 26 2Ø0S Ø9: 48RM P3 FROM : PALMØ5PR I NG ~ Resorution No. 2005-31 hçtlO"~ This Resolution shall be effective immediately upon its adoption. Council Member &..J;jI~ offered the foregoîng Resolution. Council Member aJ~ seconded the Motion, and upon being put to a \fote, the vote was as follows: Aø. rm Absent JOHN M. DAVIS, MAYOR l,! 1.1 n JONI BRINKMAN, VICE MAYOR ,¡ý ¡ \ C PATTI WALLER, MAYOR PRO TEM 1.(' 1\ n BEV SMITH, COUNCil MEMBER ~ 0 0 CHESTER D. OSBORNE. COUNCil MEMBER ~' 0 0 The Mayor thereupon declared the Resolution duly passed and adopted this 14th day of April, 2005. , .. .". I J' . '. .}.,.':._~' !~: .~'.' VILLAGE OF PALM SPRINGS - ':. ~~~. ~..< " . .. ',' ,.. ATTEST: " " . ~ .. " . .' " VIRGI REVIEWED AS TO FORM AND LEGAL SUFFICIENCY 2 I C e c . . 3 2C24 5:51PV rj:.~:JJ3 ~ 1 /. ~ í ~commercial Chemical December 13,2004 ,-- Ms. Patsy Nadel City of Delray Beach 100 NW First Avenue Delray Beach, Fl 33444 FAX: 561-243-7166 Dear Patsy: This tetter is to confirm our conversation regarding a 12 cent per gallon price increase for Sodium Hypochlorite (liquid chlorine) from 88 cents to $1.00 per gallon and a 20 cent per pound price increase for the Calcium Hypochlorite tablets from $1.65 to $1.85 per pound. This price increase is industry wide and we are only passing along to you the increases that we have Incurred. Due to the volatile condition that the Chlorine market is currently In~these prices are good through March 31,2005. Should you have any questions or concerns, please feel free to contact me at 800-778-7665. ~ I aisance Director ~ Florida Operations ORLANDO . DAYTONA . JACKSONVILLE · ST. AUGUSTINE · MELBOURNE . FORT LAUDERDALE AGENDA ITEM NUMBER: ~~.;;;;>. AGENDA REQUEST Request to be placed on: June 7f 2005 Date: May 23, 2005 .l2L- Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: City Commission is requested to approve award to Allied Universal Corporation via Village of Palm Springs Resolution No. 2005-31 for the purchase of Sodium Hypochlorite (liquid chlorine) at bulk rate, for an estimated annual cost of $232,250.00. ORDINANCElRESOLUTlON REQUIRED: YES NO _X Draft Attached: YES NO _X Recommendation: Staff recommends the award of Sodium Hypochlorite from Allied Universal Corporation via Village of Palm Springs Resolution No. 2005-31 for an estimated annual cost of $232,250.00. Deparbnent Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items ~v1!-:ng expenditure of funds): Q L;f;t W Q . ~ ~gcP-- Ñ'"CU'Ú'Le. V Funding available: Ye No Funding alternatives: (if applicable) Account Number: 441-5122-536-52.21 Fiscal year 04/05 $74,500. Balance-FY 05/06 Account Description: OPERATING SUPPLIES I CHEMICALS 4' Account Balance: ~S;617 1- Z~ Sðò /13-,) ::;, fI ~ /17 City Manager Review: AppRNedfor~.: ~~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: DavId Harden, City Manager FROM: Patsy Nadal, BUyer~\ THROUGH: Joseph Safformance DIrector DATE: 5/19/2005 SUBJECT: DOCUMENTATION-CITY COMMISSION MEETING June 7, 2005 - BID AWARD #2005-23 AUTOMOTIVE PARTS - ANNUAL CONTRACT Item Before Commission: CIty COmmISSIOn IS requested to approve multiple awards to low responsive bidder(s) listed below for the purchase of automotive parts stocked m the Purchasing Warehouse, at an estimated annual cost of $60,000.00. Baclæround: Bids were receIved on Apnl22, 2005 from mne (9) vendors all m accordance wIth CIty'S purchasmg procedures. (BId #2005-23 on file m the Purchasmg Office.) A tabulation of bIds IS attached for your reVIew. The Fleet Mamtenance Supenntendent and Purchasmg DivIsIon have revIewed the bids received and recommend award to bIdders hsted below, hlghhghted on the attached tab sheet and attached Item breakdowll. In addItion, the vendors have sub1Il1tted a per cent dIscount off sl1Il1lar Iterns not inventoried m the warehouse. Recommended Awarded Vendors: Bennett Auto Supply, Inc. Bumper-To-Bumper (Parts Depot) Congress Auto Parts Emergency Vehicle Supply, LLC Fleet Pride RIviera Beach Genume Auto Parts d/b/a Napa Auto Parts PMJ ENT d;b/a Palm Beach Lincoln Mercury Total Truck Parts VehIcle Mamt Program Recommendation: Staff recommends multIple awards to vendors as stated above at an estimated annual cost of $60,000.00. Fundmg from various departments operatmg budgets. Attachments: TabulatIOn of BIds Memo from Fleet Mamtenance Supenntendent Cc: Kevin Rummell, Fleet Supenntendent Jaclae Rooney, Purchasing Managerg~ :/ ~Ù.3 - " ~,fessage Page I of I " . Nadal, Patsy From: Rumell, Kevin Sent: Wednesday, May 11, 2005 3:26 PM To: Nadal, Patsy Cc: Schmitz, James Subject: Parts Bid Patsy, I've reviewed the bids in the packet that you sent to me. I am recommending some variations on the contract. Please see the attachment. Also, why was the white spray paint, #630-048-00100 not included in the bid? Thank you, Kevin G. Rumell Fleet Superintendent City of Delray Beach Voice: (561) 243-7333 Fax: (561) 272-5366 5/13/2005 - -- 4 -- . .. ~ Parts Bid Recommendations May/05 Item # Winning Bidder Recommended Bi. Price Diff. Reason For Change 6 Bennett Total Truck > $25.00 Bennett bid inferior product, Total Truck bid our spec 10 NAPA P.B.LM. > $27.08 Need to be O.E.M. - Police Pursuit Vehicle 11 Parts Depot P.B.LM. > $15.70 Need to be O.E.M. - Police Pursuit Vehicle 12 NAPA P .B.L.M. > $20.04 Need to be O.E.M. - Police Pursuit Vehicle 19 Bennett Fleet Pride > $70.04 Bennett bid inferior product, Fleet Pride bid our spec 20 Bennett Congress AlP >$.33 Bennett bid inferior product, Congress bid quality brand 28 Parts Depot Emer. Veh.Supply > $11.07 Parts Depot did not bid Unityl need Unity brand 37 NAPA Parts Depot > $.30 NAPA bid inferior filters 38 NAPA Total Truck > $.02 NAPA bid inferior filters 39 NAPA Total Truck >$.02 NAPA bid inferior filters 40 NAPA Parts Depot >$.30 NAPA bid inferior filters 41 NAPA Total Truck >$.02 NAPA bid inferior filters 45 NAPA Parts Depot > $.30 NAPA bid inferior filters 46 NAPA Parts Depot > $.35 NAPA bid inferior filters 51 Bennett NAPA >.02 Bennett bid incolTed part number 52 Bennett P.B.L.M. >$.96 Bennett bid incorrect part number 62 Parts Depot P.B.L.M. > $7.75 Parts Depot did not bid OEM / inferior part bid 69 Veh.Main.Pro. > $3.00 Price on spread sheet does not match their bid price 73 Fleet Pride Total Truck > $.76 Fleet Pride bid inferior SO/50 mix product 78 Congress AlP P.B.L.M. > $.04 Congress bid inferior product / not quality 79 Bennett P.B.L.M. > $.21 Bennett bid inferior product / not quality .. 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'~ïrl~...,m :. ~ ~ ~4. ~wzw8w () & _ ~...JC)...Jz...J 0 . ~ IL ~« Z 0.. ~ .. ø œ ë ~! m~ : ~ :¡l ~Œ >- 0 Õ ...., () ~ ~ . ~ :ï5'5e ::Ew ~ ~ "1__ en.... .. 1!:li2 01-0..'" .. E WE.5 ~~t;'" ~ 15 ~_o 00..0 () Llg ~ 0 ~ ::¡ i.f ~ ~:ï54. i !"~ : ~ ~!c >- õ i·! ~ ø4.. z z .'5 ömw ð~~8D¡!: z ~I Z~º~~M ~~~~ø8z«~o Iii ens;"'zz"" .. ~ðQ.~~"i!!!~~z ::E>Il.00W .. Q.ozQ.~!!!ww9«o ¡¡ ~ßffi~~~ >- E2ߺz<ãffi~~~ L~ ~~~z~...J ~Ø~:g8«~~~ D: «::::¡ ~~ðãi ~ U) ... U.... en C "" U «I- I- I->ll- 1-1-1- I- .. Œ u ~ Zen",en enenencen()en~w ë ~ ...z cS~ ~::::¡«::::¡~::::¡w::::¡~J5::::¡~::::¡ ø .., !!..!i!,,: enlLl-lLwlLclL(1jlLolL::ElL: E ~ z8 ~i~ ~~~~~~o~o~Œ~~~ >- 5 m~o¡::~e§I>! w"'~$œ$t"'Œ#>-$~$ ~ >1 ., UI _ ON 10 0,0 OQIO-JIQ Z ~;:53.. v, ~... (W) M N ~~('\f ('\f ~¡;¡~ZID w..m:i- I- ~g~'~ ~ ~$ffiffi 11 omgf!!:E : o~!;:m .. ~ ~ m~ ! ~w~o ~ 5 - 4. ª' ~ffi~~ () u 0 ~ ~....«« ~ !; U « C ......:(1 Ó .5 ~w .....'Ii tLD:: ¡lIS. O~I- ë~c! :::~~ ID! ~~ ãI . oZ IL '" ~ ~ ... 11 C .. c:i #- .. E ¡a. Ii! ~ 15 Ca. () C :0 0 If ) Z . 8 i!! .... ~ C. ~ - - C ~ 9 I!~ ¡ ~a:gOItJ R- . . ~ ë 0.. W 5 '=- ~ = ~ 2 . iii ~ ~ j Ij æ e :t ~i 51 C1 = > ¡¡¡; ¡¡; 0 ¡¡: ~ a:z ÜZ ü 9- ~ O,¡¡ r¡ r ~ z5lCl :>- ItJ . Wœ::i Cø ~ ~ ~~g wz œ: io -"'iõ: ::EO ... ~ . 00 ¡::¡:: ItJ a: ~m ~~ ~ i~1 ~~ ~ t:ãæ 010 0 -~--- AGENDA ITEM NUMBER: ~L) .3 AGENDA REQUEST Request to be placed on: June 7, 2005 Date: May 19, 2005 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Bid award - Bid #2005-23 Automotive Parts Annual Contract. Award to various vendors at an estimated annual cost of $60,000.00 ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft Attached: YES NO X Recommendation: Approve award to various vendors for the purchase of automotive parts which are stocked in the Purchasing Warehouse at an estimated annual cost of $60,000.00 Funding from various departments operating budget (Year 2004-2005) Department Head Signature: ~. ~~ Determination of Consistency with comprehenSiv~lan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: C;-.J ¿Þt/ No Funding alternatives: (if applicable) Account Number: SlJ/- 331/ -59/. 5 Z - Sò Account Description: ¿;xW rt a/ ?o-t f s Account Balance: 1/3 9L/L</ 78 ~tn1af /l /'~ lÃ{ ð '1/ óS- I -' City Manager Review: ~ Approved for agenda:@ " No I Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved --- -~-- '- .. DELRA Y BEACH f l 0 . I D ... Memorandum tr.e&tI AlI-AmericaCity Community Improvement ' III I! Horticulturist 1993 2001 TO: DAVID T. HARDEN, CITY MANAGER THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT th FROM: NANCY DAVILA RE: WEST LINTON BOULEVARD - RECOMMENDATION FOR AWARD OF BID- IRRIGATION & LANDSCAPING DATE: MAY 18,2005 ITEM BEFORE THE COMMISSION: The item before the Commission is the request for consideration of the award of bid for West Linton Boulevard Irrigation & Landscaping, Bid number 2005-15, to Bermuda Landscape, D.B.A. Southeastern Irrigation, in the amount of$3l4,14l,00. BACKGROUND: The reconstruction of Linton Boulevard by the County last year significantly impacted the existing landscaping. Further, some ofthe trees not directly affected by the construction were required to be removed due to line of sight issues and the protection of drainage areas. Eight of the large Live Oak trees will be relocated to Orchard View Park as part of this project. The County agreed to reimburse the City $300,000, or, $150,000 per mile, to offset the costs the City would bear to replace the landscaping in the medians. This Financial Assistence Agreement requires no "match" from the City. Landscape plans were prepared by Dave Bodker , and subsequently approved by the County. The advertisement for bid was issued on April 10, 2005, with a bid opening date of May 10, 2005. Five bidders submitted proposals, but the lowest bidder, Arazoza Brothers, withdrew their bid within the 24 hour period allowed, citing failure to include labor and overhead in their irrigation portion of the bid. ~U.4 .- The four remaining bidders & prices were as follows: Bermuda Landscape, D.RA. Southeastern Irrigation $ 314,141.00 Landscape Service Professionals $ 324,881.75 Green Acres Lawn Service, Inc. $ 353,679.00 Vila & Sons Landscaping Corp. $ 453,655.93 The City has done previous work with both Bermuda Landscape and Southeastern Irrigation and has found them to be responsive and reliable. Dave Bodker, the City's Consultant has also reviewed the bids and found Bermuda Landscape to be the lowest bidder, and that they are qualified to do the work. RECOMMENDATION: Staff has reviewed the bids for West Linton Boulevard beautification, Bid No. 2005-15 and recommends the City Commission give favorable consideration to the award of bid to Bermuda Landscape Services, D.RA. Southeastern Irrigation in the amount of $314, 141.00. FUNDING: Funding will be reimbursed by Palm Beach County in the amount of $300,000.00 through the Financial Assistance Agreement dated March 16, 2004. The balance of $14,141.00 is available in account number 119-4151-572-63.20 for project number 200422. Date: June 1, 2005 Agenda Item No. <60 ~ AGENDA REQUEST Agenda request to be placed on: _X_Regular _ Special _ Workshop Consent - When: June 7, 2005 Description of Agenda Item: Bid A ward for Irrigation and Landscaping for West Linton Boulevard Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: ~ ~6-( - 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: 119-4151-572-63.20 City Manager Review: Approved for agenda: @ N0z11'1 Hold Until: ' Agenda Coordinator Review: Received: Action: Approved / Disapproved City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www.MyDelrayBeach.com TO: anager FROM: Victor Majte SUBJECT: CATHERINE STRONG PARK (PIN 2003-006) Agenda Request; Purchase of Sport Light Poles DATE: June 1, 2005 The attached agenda item is for Commission to approve a sole source purchase contract with Municipal Lighting Systems, Inc in the amount of $24,800 00 for the purchase of 8 sport light poles with fixtures for the Catherine Strong Park project. As part of the contract requirements, sport light poles are to be furnished by the owner and installed by the contractor to the newly constructed tennis and basketball courts Municipal Lighting Systems, Inc. is the supplier on the city standard decorative poles used throughout the City The poles supplied under this purchase award will be decorative (vandal/graffiti resistant) round spun concrete, 40 foot in height, with General Electric fixtures, as manufactured by Ameron Company. Staff recommends the City Commission approve a Purchase Contract with Municipal Lighting Systems, Inc. in the amount of $24,800.00 for the purchase of sport light poles for the Improvements at Catherine Strong Park Staff also requests City Commission approve funding for this purchase by means of a budget .tf8F1!fer frsl" 0;1.... "'1'1' 38Q 0000 3B14!l DO, :7004 Q O...Bond/lntoroot EamIDgs to account #380- 4150-572-62.59, 2004 G.O. Bond/Catherine Strong Center. enc cc Richard Hasko, P E., Director of Environmental Services Randal Krejcarek, City Engineer City Clerk's Office Agenda File 06.07.05 Project File 2003-006 (A) S IEngAdmmIProjects\2003\2003-00610FFICIAL\agnd mem Municipal Light Rev 1060705 doc ~U.5 Agenda Item NO.~O.S- AGENDA REQUEST DATE: June 1, 2005 Request to be placed on: ~ Regular Agenda _ Special Agenda _ Workshop Agenda WHEN June 7, 2005 Description of item (who, what, where, how much): Approve a sole source purchase contract with MUnicipal lighting Systems, Inc In the amount of $24,800 00 for the purchase of 8 sport light poles with fixtures for the Cathenne Strong Park project As part of the contract requirements, sport light poles are to be furnished by the owner and installed by the contractor to the newly constructed tennis and basketball courts MUnicipal Lighting Systems, Inc. IS the supplier on the city standard decorative poles used throughout the City, The poles supplied under this purchase award will be decorative (vandal/graffiti resistant) round spun concrete, 40 foot In height, with General Electnc fixtures, as manufactured by Ameron Company. In addition, approve funding for this purchase by means of a budget transfer frQJ:T.:1 3S0 0009 361 1000, ~. rg94 CO, DO'IJ/ I lite, e!t [erl'liFlgs to account #380-4150-572-62.59, 2004 G.O. Bond/Cathenne Strong Center ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: for supplYing sports light poles Wit Department Head ~. .~. 05 Signature Determination of Consistency with Comprehensive Plan City Attorney Review/Recommendation (If applicable) Budget Director Revle'ijr:]ulred on all Items Involving expenditure of funds) if"1~ , ~ Funding available YES/NO Funding alternatives (If applicable) Account No. & Description See above 3ß'O·~'¡¡50-51:J -1.,2. 59 Account Balance See above ç/ooi./ ~. D, ~or-b I ~J..I..rV. .'..{. s.fit.~j_c.e.jf..ue_ I City Manager Review: @ óY\ Approved for agenda ES 0 Hold Until Agenda Coordinator Review. Received: Placed on Agenda Action' Approved/Disapproved file 2003-006(A) S \1 ngAdmm\ProJects\2003\2003-006\OFFICIAL\agnd req MUnIcIpal Light Rev I 060705 doc MEMORANDUM TO: David Harden, City Manager FROM: Patsy Nadal, Buyer ~0 THROUGH: Joseph Safford,~ Director DATE: 5/20/2005 SUBJECT: DOCUMENTATION-CITY COMMISSION MEETING JUNE 7, 2005 - BID AWARD #2005-24 SUBMERSIBLE WASTEWATER PUMPS - ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve award to low bidder, Southeastern Pump for the purchase of submersible wastewater pumps at an estimated annual cost of $65,000.00 with $42,000.00 for fiscal year 2004/2005 and the balance for fiscal year 2005/2006. Badæround: Bids were received on May 17, 2005 from three (3) vendors all in accordance with City's purchasing procedures. The Deputy Director of Public Utilities has reviewed the bids received and recommends the award to Southeastern Pump. Southeastern Pump is our current vendor and has provided outstanding service in a timely manner to the City of Delray Beach. The pumps from Southeastern Pump are stocked at a close location and are available for shipping as needed. Recommendation: Staff recommends award to Southeastern Pump at an estimated annual cost of $65,000.00 with $42,000.00 for fiscal year 2004/2005 and the balance for fiscal year 2005/2006. Funding from account code #4415144 53646.20 Attachments: Tabulation of Bids Memo from Deputy Director of Public Utilities Cc: Dan Beatty, Deputy Director of Public Utilities Mihon Willingham., Utility Maintenance Supervisor Jackie Rooney, Purchasing Manage~ - 1 - 8\J·\o - BID TABULATION SHEET SUBMERSIBLE WASTEWATER PUMPS ANNUAL CONTRACT BID#2005-24 BID OPENING DATE 5/17/05 ITEM DESCRIPTION QTY. sourn BARNEY'S HYDRO EASTERN PUMPS, INC. PUMPS 1 148 TO 18 HP-6" DISCHARGE ea. $3,958.00 $3,937 37 $4,884.75 230 VOLTS, 3 PHASE, 1750 RPM WITH 40' CABLE 2 $7,916.00 $7,874.74 $9,769.50 2 5 .,,' ea. $2,02u uO $2,587.97 ~2,443.85 230 VOLT, 3 PHASE, 1750 RPM WITH 40' CABLE 3 $6,060.00 $7,763.91 $7,331.55 3 3 7 HP TU 5 HP . 'I' ea. $2,009.00 $2,443 97 ~;¿,200.95 230 VOLTS, 3 PHASE, 1750 RPM WITH 40' CABLE 2 $4,018.00 $4,887.94 $4,401.90 4 ¿, Hf'.. If ea. :¡¡4,515.00 ~4,336.37 :¡¡5,70200 460 VOLT, 3 PHASE, 1750 RPM WITH 40' CABLE 1 $4,515.00 $4,336.37 $5,702.00 5 115 HP.. ea. $3,186.00 ~3,879 17 ~4.833.80 230 VOLT, 3 PHASE, 1750 RMP WITH 40' CABLE 3 $9,558.00 $11,637.51 $14,501.40 6 17.5HP .. ea. $2,698 00 $3,016 34 1750 RPM (RHRILHR) WITH 40' CABLE 2 $5,396.00 $6,032.68 NO BID SUBMERSIBLE DRY PIT PUMP 7 10 HY ," ea. ~2,972 uo ~3,490.94 1750 RPM (RHRlLHR) WITH 40' CABLE 3 $8,916.00 $10,472.82 NO BID SUBMERSIBLE DRY PIT PUMP 8 15-20 HP ·4" ea. $5,980.00 $4,226.54 1750 RPM (RHRILHR) WITH 40' CABLE NO BID SUBMERSIBLE DRY PIT PUMP 2 $11,960.00 $8,453.08 9 7.5 HP ·4· ea. $3,836 00 :¡¡3,77594 1150 RPM (RHRlLHR) WITH 40' CABLE NO BID SUBMERSIBLE DRY PIT PUMP 2 $7,672.00 $7,551.88 " (¡RAND 7'(JTAI. BID'PRICE ,"If," '$66.011.00 $69.010.93 INCOMPLETE (Il1·.:M,'i 1 TIJRF 9) BID BRANDI MODEL NUMBERS Barnes Pumps Homa Pump Senes 4SE-L, Technology 6SE-L. 4DSE-L DELIVERY TIME Vanous 15 Calendar Calendar days Days Submersibles are It! local stock, Dry Pds are 8-12 weeks delivery WARRANTY 5 Year 5 Years MunICipal 100% Non Warranty Prorated Warranty WILL EXTEND TO OTHER PALM YES YES PALM BEACH GOVERNMENTAL AGENCIES? 1 AGENDA ITEM NUMBER: 3\.Å·1o AGENDA REQUEST Request to be placed on: June 7, 2005 Date: May 19, 2005 XX Consent Agenda _ Special Agenda _ Workshop Agenda Descñption of agenda item: Bid award - Bid #2005-24 Submersible Wastewater Pumps - Annual Contract. Award to low bidder, Southeastern Pump, at an estimated annual cost of $65,000.00 with $42,000.00 for fiscal year 2004/2005 and the balance for fiscal year 200512006. ORDINANCElRESOLUTlON REQUIRED: YES NO _X Draft Attached: YES NO _X Recommendation: Approve award to Southeastern Pump for the annual contract purchase of submersible wastewater pumps, per Bid #2005-24. Funding from account code #441 5144 536 46.20. (Fiscal Year 200412005,200512006) Department Head Signature: -:;-. ~~ Determination of Consistency with Comprehensive p~: City Attorney ReviewlRecommendation (if applicable): Budget Director Review (;~r aR -.s involving _ndilure or funds): Funding available: Yes ¡).;{; No Funding alternatives: (If applicable) Account Number: 441 5144 536 46.20 AI:countDescñplion: .íU) ¡)YVlULt H 0; I/l k-Pl lß.A/'- C-J'"-.- Account Balance: 1i{ J oSlj . City Manager Review: Approved for agenda:@-4 No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Patsy Nadal, Buyer ~...:: THROUGH: Joseph Safford~ce Director DATE: 5/26/2005 SUBJECT: DOCUMENTATION-CITY COMMISSION MEETING JUNE 7, 2005 Aluminum Litter Container with PVC Liner & Lid Item Before Commission: City Commission is requested to approve the purchase of thirty (30) Dark Green Aluminum Litter Containers with PVC Liner & Lids fÌ"om RLS Lighting, Inc., a sole source vendor, for a total cost of $29,760.00 or $992.00 per container as stated in Quote# A5042701 dated April 27, 2005. The containers will be placed on Atlantic A venue west of Swinton and are a match for the previously purchased containers currently on Atlantic A venue east of Swinton. Back2round: The current Aluminum Litter containers that are along Atlantic A venue east of Swinton were purchased through RLS Lighting, Inc. The new containers will be placed on Atlantic Avenue west of Swinton and will match the previously purchased containers east of Swinton on Atlantic Avenue. ~ Recommendation: Staff and the Environmental Services Department recommend RLS Lighting, Inc. for the purchase of the thirty (30) Aluminum Litter Containers in the total amount of $29,760.00 per Quote# A5042701 dated April 27, 2005. Funding from Account: 433 3711 53449.90 Other Current Charges Attachments: Quote# A5042701 fÌ"om RLS Lighting, Inc. Cc: Robert Barcinski, Assistant City Manager Richard Rasko, Environmental serviceicctor Jackie Rooney, Purchasing Manager - 1 - ~\Jtl FROM: RLSLIGHTING PHONE NO. : 9549833691 Apr. 27 2005 06:22AM Pi .' ¡.. , \ ¡ , . \ RLS Lighting, Inc. QUOTE f/ll \ ! ~ {._~, 2160 S.W. 58th Way DATE QUOTE NO. ~" " Hollywood, FL 33023 LICR1'UV¡:. INC. ) 4/27/2005 A5042701 .41ANt:r' ('TUIl£R~· ur E/LiALf1"!' f.JCJì'l'JiW Ph: (954 983-4340 Fax: (954) 983-3691 NAME I ADDRESS PROJECT SHIPPING INFORMATION City of Delray Beach Litter Containers - A5042701 Attention: Jim Schmitz ~. of Wr(J.Li /;.tad¡ 100 NW 1st Aile . -J Delray Beach, FL 33444 11 h~ t.Jðf'k$])ZP¡. 561~243-7334 Fax 561-243-7314 43'1 c5. SWr,)fÐ,.., ~ . DeI.~ &qb I ~L 334~4 ~ 'M: V,.p¡ Sehh'lI P.O. NO. TERMS REP F.O.B PROJECT DWG. NO. Due on receipt DVG Factory Litter Containers OTY ITEM DESCRIPTION PRICE TOTAL 30 RLS- TR-01 Aluminum Litter Container with PVC Liner & Lid, 992.00 29,760.00 Color: DRK GREEN, RAL# 6005 Material Subtotal: 29,760.00 Sales iax Exemption # 60-00-116241-54C QUOTATION VALID FOR 10 days. Please Sign, print name below and TOTAL retum copy when ordering. Thank You. / $29,160.00 NOTE: INDICATE COLOR - BLACK GREEN v OTHER Intiel: INDICATE VOLTAGE (Mliiii::rãp 120/208/240 or 277) OR 480 VOLT Initial: 50 or 60 Cycle Initial: _ SIGNATURE FROM : RLSLIGHTING PHONE NO. : 9549833691 Apr. 27 2005 06:22AM P2 Welcome to RLS I.;ìghting ~ Page 1 of 1 , &. . ;' I. SPECIFICATIONS HA TERIAL 6061-T6 ALUMINUM ALLOY WITH 1-1{2" RIBS MOUNTING 1/2" Dla. ANCHORING HOLES IN FEET FINISH BAKED-ON POWDER COAT LINER FIBERGLASS UNER. W/COVER ACCEPTS 30 GAL. TRASH BAGS ORDERING INFORMATION PART NUMBER RLS- TR STD. FINISHES BU< (Black) BRZ (Bronze) WHT (White) GRN (Green) EXAMPLE RLS- TR-OI-GRN PART NUMBER:' JU.So-rRrG1 DrMENsJO~: yiia" 1C,~-.35.5" - C Back to SIol18g./~"""ries ¢ http://www.rlslighting.com/signage/trashes.htm 4/27/2005 '<foro... L!1 L!1 0 0 ....... ....... I:k: ~ ,...¡ riI ,...¡ M J:Q ....... ........ ~ L!1 L!1 E-<o 0 Š~ 0 .. .. 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I E-<riI~ "" E-< >< Z , E-<~E-< M Z 00 [I., 1<1; J:Q 0 Z, HCJ L!1 riI H ~ H 01 ..:i 00 E-<,...¡ ~ ::X:riI Z E-< H' :'::0 5~ E-<J:QCI] 0 1<1; E-<' ::<:~~ 0 E-< H U P-I ~O OM U OH E-< 0 H' Z :# UM uE-< H ..:i ~, H~ UM Z riI Z..:i 00 U, ::<:0::<: 1<1;"" 0 E-<CI]OH H 0 001 ~..:iril H 00 1<1; ~ E-< rill ..:i0E-< E-< ZrilCI]::<: 0 01 I<I;UH :# H rilH riI P- I 00 rilZ riI ~ H riI I riI H 00 rilU ::r: Z~I ,...¡ Z,...¡ ~ I<I;CI]E-<H 00 HJ:QI H 0 rilHO[I., ..:iZI ..:i riI ..:i::r:~[I., I ~ P-E-<OO l~ ---- ------ AGENDA ITEM NUMBER: ~Ù~ AGENDA REQUEST Request to be placed on: June 7, 2005 Date: May 26, 2005 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: City Commission is requested to approve the purchase of thirty (30) Dark Green Alummum Litter Containers with PVC Liner & Lids from RLS LIghting, Inc., a sole source vendor, for a total cost of $29,760.00 or $992.00 per container as stated in Quote# A5042701 dated April 27, 2005. The containers will be placed on Atlantic A venue west of Swinton and are a match for the previously purchased containers currently on AtlantIc A venue east of Swinton. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft Attached: YES NO X Recommendation: Approve the purchase of thirty (30) Dark Green Aluminum Litter Containers with PVC Line & Lids from RLS Lighting, Inc. per Quote# A5042701 dated April 27, 2005 in the total amount of $29,760.00. Funding from account code # 433 3711 534 49.90 (Fiscal Year 2004-2005) Department Head Signature: S ~. ~ , Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~55 No f'~ Y"Y'\!:)-~"ZQ'- ~~STM~ Funding alternatives: \'SOl\- r-=- "Z. """~ . (if applicable) Account Number: 433 3711 534 49.90 Account Description: Other Current Charges Account Balance: City Manager Review: Approved for agenda: e z11Vt- No I Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDAITEM#~ll. 't - REGULAR MEETING OF JUNE 7,2005 CONTRACT AWARD/CHAZ EOUIPMENT. INC. DATE: JUNE 6, 2005 This is before the Commission to approve a contract award to Chaz Equipment, Inc. in the amount of $45,000.00 for the replacement of a sanitary sewer manhole in Highpoint Section III. The manhole has settled damaging the influent lines and has created a severe traffic problem. Funding is available from 442-5178-536-63.51 (Water & Sewer/Renewal & Replacement/Sewer Mains). Recommend approval of the contract award to Chaz Equipment, Inc. for the replacement of a sanitary sewer manhole in Highpoint Section III. s:\c.ty Clerk\agenda memos\Contract AwardChazEqwpment 06.07.05 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www.mvdelravbeach.com TO: David T. Harden City Manager FROM: Dan Beatty, p~ Deputy Direct of Public Utilities DATE: June 6, 2005 SUBJECT: Highpoint Sewer Manhole Replacement Attached is an Agenda Request for award of a contract to Chaz Equipment, Inc. for replacement of a sanitary sewer manhole in Highpoint Section III. In January of this year a similar situation occurred in this area and the manhole was replaced. The manhole in this instance has settled damaging the influent lines and has created a severe traffic problem. The quotation includes replacement of this manhole, repair of the sewer mains, and surface restoration to a "like or better" condition. The amount of this request is $45.000.00.These prices quoted are in accordance with an existing contract which Chaz Equipment has with the City of Boca Raton, for repairs. A copy of the quotation is attached for your review. Staff recommends approval of Contract Award to Chaz Equipment, Inc. Funding is available from account 442-5178-536-63.51, Water & Sewer, R&R Sewer Mains. Please place the item on the June 7, 2005 Agenda for consideration by City Commission. Attachments cc: Richard C. Hasko, P.E., Director of Environmental Services Scott Solomon, Water & Sewer Network Manager Patsy Nadal, Purchasing City Clerk Agenda File S:\EngAdmm\Projects\2005\2005-017\CONSTRCIì06-06-05 Chaz Agenda mem.doc FpoM : (\ ~Ç.¡Z EQU r Pt"'ENT CO.. r NC, q:-:: ~ O, : 5513::332:.8lJ Jun. 06 2005 C~'36PM r2 3460 }'aida:tllf Farms RORd Suitt' 8 8'.:z.! Wellington. Fr, ';B414 l;)}tont': ~6I·~3,\·21 09 Fa": 561.333.2180 June 6, 200S Mr. Dun Beally. r.E.. Deputy Director ofUtilitic:s. VIA FAX 6/6/05 CHy u!'Delray Beach l:.nvironmental Services 434 South Swinllm Avenue Delra)' Beach, FL 33444 Rc: High Point Blvd. (NOrt11) See TIT Emergency Manhole Rcplacenlent Dear Mr. Beatty: Per YOUI' request we arc submitting a proposal for the above referenced manhole in High Point. 'We have reviewed the scope ~ilh CIty per~onl1c1. Úur price includes all J<lbor. equipment and malerial required to replace the ma1i.hol~ and ail required surface 'estnratìon nccc8sary back to a "like or b~Uer" condition. For your convenience, we hé1v~ quoted the work in accordance with an existing Contract that WI: have with the City oJ'Boca Raton. Wastewater Collc:ction System Rehabilitation. Project #71-02-007. A copy of the Contract is attached for your review wilh appropriate i\ems noted fhr this manholc replacement. OW' pricc for this work is us follows: ~.- --- Replace manhole at Hi2h Point Blvd (North) Phase 1 LS $45.000.00 ln, rclitorc !lurfa~e to "like ~~ _b_~ter" condition. Plf!('.w~ lel Wi know a.~· .mon as possible ff this proposal i;)- m:cepted M} we carl precŒfl tht' man'wle The preca.r.¡t wJil rake approxtmat(]/y three day;¡' 10 jàh'·Ü':l.lJe Should you have any further questions please do not hesitate to l:wl. :¿t ~- o "'?:.igbt. Project Manager FROM : CH=tZ EQU I Pl"ENT CO., I Nî FAX NO. : 5613332193 ( Jan. 21 2ÐØ5 e6: 18Pt"! P4 . BID FORM - Qroup D . '. Manhole R. ...·.nd R Imtnt _. - .- BID NO. 20040011 ( Wlstewlter Colt.cUon Syatem RehabIlitation , w____ 'TEM oeSCRIPTION QUANTITY UNIT UNiT PRICE BID NO. D1 Realign. grout and seal manholo cCllctlng & / EA $ '00. pø (In street) D2 Re,allgn, ;rcut and seal mÌJnhole casting -Ð Y' EA $ 6ø.- (in reer-yard easement) . 03 Install manhole chimney ...1 () ~ eA $ 300,0" D4 S..I "'llble Inflltratfon through manhOle :1) Jl' EA $ øoo. " wail.. bench, and Invert (brick manhole) D5 Sell yisible Infiltration through manhole O~ EA S ,.,300 . 00 $ will', bench, and ìnvltt (cone",. manhole) V~ .3 00. ". D6 R.p.ir maMole bench Ind Invert EA S $ D7 Replace manhole bench and Invert -0 J EA $ 500, ØGI $ DB Replace standard manhole frame end tJ) EA $ f60. .. cover ana ¡nltall Hal D9 Replace watertight manhole frame and ^/ EA $ / J 000. ØC1 cover and instill seal (/ D 1 0 Work In r.ar-yard ...oment (items 03 .()/, EA $ -,~..o $ thl'Ough 0;) ( D11 Install cementldous manhole liner for D? V.F. $ A 00. f1'Q $ precest manhole (In street) D 12 Inltan cementitíous menhole liner for brick lJ ~ V.F. $ ,;J,!fo, PQ manhole (in street) D13 InS:11I cementltious manhole Ilnerwtth Ó-~ V.F. $ ~ SO. øo I¡:IOX'I overlay for preclst manholo Qn str.et) .ß/5. øø s~·- D14 Install cementitious manhole linorwith t/ ~ V.F. S epoxy over1ay for brick manhOle (in Itrllt) $ ø~" 015 Install polyethylene manhole liner (In ,0 J)'T V.F. $ /~ lo(). og streot) ./ D16 Work in rear-yard easement (items D11 D/ EA $ ...3.. O()Ot tf1Ø $ /8 . ". through. 015) ~ Namao'BlddOr. t'P? ElMt'~ ð"~At. ~\~ ~~.~ ~~ RevIsed. Addendum #2. caQe 11 . ( -- F'RD,.., . ; C¡..¡;Z EQU I PI1:~' T CO.. r NC. F';:¡:< NO. : 56133321æ .f'!-, t- '"'1 2 ( 'I. .:._ øæ f);: lØPM P5 .-. - - - D!$C~IPTION UNIT UNIT PRice BID TOTAL Install new standard precatt concrete 48- ~ eA $ ~ $txJ, (JO $ ~()O, (1Ø inch-diameter sewer mal'\ho\e (up to 4 feet , 1n depth) ,/ Io.~ PO&.: $ 2tj 4it?P, - I Install new standard procast concrete 48- EA $ Inct'l-dlameter sewer manhole (4 to 6 feet in de~th) I~; ()OO, - $ øÏt(J ~ pþ ~ Inata I new standard precast concrete 4S- l' EA $ Inch-dlameter sew.r marthole (6 to 8 feet In depth) S ___ IS, OO()." $ ~ J {)()O, ptÞ o Inatall nfNI standard precast éCncret, 4&- ./ fA inch-dlameter sewer manhole (8 to 1"0 feet J in depth) ~OOO.- S ~CI.;Þ ~1 'n'tall new standard precast concrete 48- ,Y' EA S ~ Inch..<fiameter sewer m.n';!:I. (10 to 12 feet in depth) vi ~ O(X)." $ ~:- 22 Install new standard precast concrete 48- EA S Inch-diameter sewer manhole (12 to 14 feet in depth) ,,/ >23 Ins taU new standard precast concrete 48- EA S .?A 000." s ~~ cø øÞ . I Inch~am.ter sewer manhola (14 to 16 . ·r feet 'n depth) Þ' ~~Ø(J.'" lP.~ )24 Install new drop connectiOn precast EA $ $ . I I, conerete 48-inch-diameter sewer manhole I ¡ (up to .c feet In depth) /£4500.- $ ~P1 025 In.tall new dro ) connection precast / EA $ I concrete 4a.tncl'1-diameter sewer manhola t ~,500." S. ~.... I (4 to 6 r.et in depth) I D26 Install new drop connecUen precast /~ EA S co "crete 48-lnch·diameter sewer manhole I (6 to ! feet ~ depth) ~~ ~Þ*I I 027 In.tal! new drop connection precast ~ EA $ $ í concrete 4e-lnch-dlameter sewer manhole eS to 10 feet 11'\ depth) R~ t,Ø- $ r 028 Instill! new drop coMectlcn precast 1 EA $ CQncrete 48·ir.ch-dJameter sawer manhole I (10 to '2 feetin depth) / 3tl ai?,1P $ r 029 I"stall new drop ocnnection precl,t EA $ concrete 48-lnch-dlltmeler lewel' manhole (12 to 14 feet In depth) / r~ a:tl.~ $ 030 Instell new drop conn.otlcn precast EA $ concrete 48-lnch-diameter aewer manhole (14 to 16 feet In depth) / ø~ cr;arP S 031 Work I" rear-yard ea~.ment (items 017 EA $ thrOl:gh 030) 032 Bypass pumping (8-1nd'l ar:d 10-inch J ~ DAY $ ðCJo. ~ lewer) \ I {';)í) Ù) } Name or Bidder (11¿12 ~~PIl't1I8v'r CPÆtI,t ¡¡ft.. ../ ~\w " , . Re'lleed. Addendum _2. Daà~ 13 " \ ~ " , . - F~M : CH=!Z EQU I PI'EN . T CO., Itr FAX NO. :5613332180 -- - ¡ Jan. 2~ 2øæ 06: l1PM P6 _. .'0 ,ORM - GrOU¡)'O , ~-"- MlnhOt. R. Irs Ind '.cIm.nt 810 NO. 2004-081 wastewlter Cou.ct,on syatem Rlhlb\"tatton ~SCR'P"ON QU"NT\TY UN'T UN'T PRICE! aiD TOTAL ~)'p8$& pcmping ('2~'nçh end '\5·Inch 3 DAY $ ~.~ $ ßø.-:. )BWer) ay,P,aal pumping l18-tnch end 21-\nch 2 'JAY $_ dJ()OO'''''- $~' tþ~ sewer) Force mlln \rt~.S" p\pecS \0 next manhole 2 EÞ- $ (;, O()J. .~ $~~.~ {UP to ,a.lnch diameter force main. up to 8 feet in depth) Fon;. main bypaas. pumped from wet well 2'" HR $ ~50, ,.~ $ ana trUcked '- - AlPt1aR"'- "pI.",,,,..t (for force \i) ~ S.Y. $ - 15.IÞCfÞ $ maIn bypass excavatiOn ~n'y) - I PilVemtnt o....rl.y {fOr forçl mall' 'oypas, 1.300 S.Y. $- /0. DO S excavation and/or manhole replacament I \ on\y) , 9 Ccncre\8 .Idewel'" rep'acement lfor force 10 S.Y. $ '?Þ.~ Ii main bypasS t'¡(cavaUCn only) - 1 6Q.l/Q !' ~ \0 concrete curb and gutter fep'acement (fOl' 20 L.F. $ " forc' main bypaS' excallBtion onty) ~ \', I .,.5.~ r 41 Aspnelt dnvew8Y replacement l,or force - '20 S.Y. $ 1\ , main t>ypas, excavation on\y) I ' / ()t) . þO \ l )42 Concrete dri'Jeway rep',cemen\ (tor force 20 S.Y. $ . ' main ~ypa'6 ex~"at\on only) ~ )43 Sod rep\.cement (for torce main bypast 500 SF. $ 1. ()() l)Cca'iat!on only) - D44 24-hour emergenCY mobilization I ~ EA $_~,500.·~ TOT AL 1110 FOR GROUP ~D' . ITEMS Di THI<OUGH 044 INCLUSIVE' s~o: I " ~" ."" , '¡Uf Cldf 11t't 1J/,4t¡... ( ¿ JDi>~ i , , ûJJ taM ~ !xl. ; ¡JMVlZ ~ . ~ , Øtt:.:frLr ffft>,Dö) I, .' J : (J,p t~ ) Nome 01 BKJder:..f}IRl tRf/lflDfl'lL I1mfJNjµt!t-. i4f ()aD ?b j ... - ~(bÙ ~~ Revised. Addendum #2. øaQ1 24 " ... - -' - ......-.. ~_....... -- ~ - -- - - - Agenda Item NO.:~~. ~ AGENDA REQUEST DATE: June 6, 2005, 2005 Request to be placed on: --L Regular Agenda _Special Agenda _ Workshop Agenda When: June 7, 2005 Description of item (who, what, where, how much): Award of contract to Chaz Equipment, Inc., in the amount of $45,000.00 for the Highpoint Sewer Manhole Replacement, project number 2005-017.This is for the replacement of a sewer manhole which has settled, damaging the sewer mains which connect through this manhole. The quotation includes replacement of this manhole, repair of the sewer mains, and surface restoration to a "like or better" condition. The quoted prices are in accordance with a contract which Chaz Equipment has with the City of Boca Raton, for repairs. The funding for this project will be provided from the following accounts: Funding Source Account Number Amount Water & Sewer, R&R Sewer Mains 442-5178-536-63.51 $45,000.00 Total $45,000.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of contract to Chaz Equipment, Inc., for the Highpoint Sewer Manhole R~ &.~.05 Department Head ~ ~ Signature: . ' Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available YES/NO Funding alternatives (if applicable) Account No. & Description See above /S~ h~'~~~¡'/O; Account Balance See above City Manager Review: ~ -/It,tJ, . Approved for agenda: @ 0 ¿;t/1 Hold Until: / . Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2005-017(A) S \EngAdnnn\ProJects\2005\2005-0 17\CONSTRCTlagnd req Chaz 6.7.05 doc --. I CITY COMMISSION DOCUMENTATION 1~1 TO: DAVID~~~AGER THRU: PAUL DORLlNG, DIREC OF PLANNING AND ZONI~ FROM: ESTELlO BRETO. SEN PLANNER D ~ ' SUBJECT: MEETING OF JUNE 07, 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 22' FOR BANYAN VILLAGE, PURSUANT TO LDR SECTION 2.4.7(B) (5). ~ 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 100 townhouse units in fourteen (14) two and three-story buildings to be known as Banyan Village. The Board also reviewed a waiver request to reduce the required paving width associated with the internal roadways 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 22'. Therefore, the applicant has requested a waiver to reduce the minimum width. 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 22 foot wide street with two feet (2') of valley gutter on one 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, Highland Grove Estates, Gramercy Square, and Legacy at Sherwood Forest. 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). qf\ ---~------- - ~- City Commission Documentation - Meeting 06/07/05 Banyan Village' Waiver of LDR Section 6 1.2(C) (3) (a) Page 2 I ASSESSMENT r 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 LOR Section 2.4.7(8)(5) can be made. I RECOMMENDED ACTION I 8y Separate Motions: D Move approval 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' to 22', 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(8) (5) of the Land Development Regulations. Attachments: Location Map and SIte Plan ------- I,L ,I Iii I ¡Ii 1III IJ Wcr CITY OF OELRAY BEACH T T, i _ +==t. t T ,t J 1=fi-1 P",uc _, ~PŒ' ¡ ,T I I I ,[[[[II] " Ii :¡í 1" 'll :LJ¡¡ lr j¡ fT!TT ; _ i ~. SHE Rw~6lH~~~Br~~ --4,1 ,m " I~ , I, , ,. ~ < --", - om'· '" ,m " . ... '.. . ...... _ - I . c-. - -. mw"," , 8JHIII] ~ --- .-- - - PLM, T 'Ii ì I ~ - . - . - T ' >- --- - -- . -= 1 J IT g, ,I ffiM ~ ¡' 1 , ]1[5 ';:: - --,---- -- I I: I, N: ,'! <;1:., ~I-rI - . --- I--- i, I I SI .~ H - ,n __, _' . ,. , - ~ >--I~ c= , , -. - - c- -', '. 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F~IDA ; eH I AL I' ~-_.- _ ___Oh__ __~ _ _ -------- · Message Page 1 of3 ~ Costello, Jeff From: Lynn [FL_Fisherman@msn.com] Sent: Sunday, June 05, 20054:00 PM To: Costello, Jeff Subject: Re: Public Notice #2005-072 Dear Mr. Costello: Thank you for responding. Due to the nature of my work I will not be able to attend the public hearing, however, I would Jike to express my opposition to this business. My concerns are as follows: 1- Even though it appears that this will not be technically gambling, I beJieve that allowing this type of business would give the gambling interest a foothold in our community; which I am totally against. Dade and Broward counties have resisted gambling for years but as you know slot machines have now been approved for Broward. I would not like our city to give this interest group any ammunition to start setting their sights on Palm Beach County or our city. 2- The traffic is already difficuJt in this plaza without putting in a business that has the potential of drawing in more. My experience has shown that most of the drivers are seniors in this area and their driving ability and patience are somewhat Jimited. 3- This location is also in close proximity to Carver school and residential neighborhoods. I don't think this type of business would set a good example to our young people. I think there are many other avenues available for our citizens to entertain themselves without bringing in this type of business. Thank you for your time. Sincerely, Mr. Lynn Endorf ---- Original Message --- From: Costello, Jeff To: FL Fisherman@msn.com Sent: Monday, May 16, 2005 3:27 PM Subject: RE: Public Notice #2005-072 Dear Mr. Endorf: The following is provided with regard to your questions concerning public notice #2005 - 072: 1- What is the definition of an adult gaming center and what type of activities would be permitted if this is approved? ,A.DUL T GAMING CENTER Means any place or premises catering to persons 18 and over that mimic the look and feel of gambling venues where there are more than six (6) amusement games or machines which operate by the means of the insertion of a coin and which by means of skill may entitle the person playing or operating the game or machine to receive points or coupons which may be exchanged for merchandise only, excluding cash and alcoholic beverages, provided the cost value of the merchandise or prize awarded in exchange for such points or coupons does not exceed 75 cents on any game played are 6/6/2005 A~~~,~~\ ~ ¥~~ 9-ß . ~essage Page 2 of3 . available to the public. The presence of games or gaming devices that are similar to, or in the nature of slot machines, shall result in a rebuttable presumption that the business at which such machines are located is an adult gaming center. 2- If this is approved, would that automaticaUy approve additional gaming centers in the future? In order to establish an adult gaming center, conditional use approval must first be obtained from the City Commission. It is noted, that pursuant to LOR Section 4.3.3(AAA)(1)(a) and (b), no Adult Gaming Center shall be located within one thousand (1,000) feet of or in the same block as, whichever distance is greater, an existing adult gaming center, measured from lot line to lot line in a straight line. Further, no adult gaming center shall be located within an historic district, on an historic site, on properties listed on the Local or National Register of Historic Places or in any Redevelopment Area. Thus, any future adult gaming centers would not be "automatically" approved. 3- Are there already other gaming centers located in Delray Beach? Yes - at the southeast corner of Linton Boulevard and Military Trail (Spinner's Arcade III, Inc., 4900 Linton Blvd, Suite 31) 4- If I cannot attend the public hearing, are there other options available to have my voice heard? The Planning and Zoning Board will make a recommendation to the City Commission. The item is scheduled for the City Commission meeting on Tuesday, June 7, 2005. You can send an e-mail or letter stating your position on the item, if you cannot attend a meeting. Attached is a copy of the staff report and LOR Section 4.3 3(AAA)(Adult Gaming Centers). I apologize for the delay responding to you request. Should you have any questions, please contact me at 243-7041. Sincerely, Jeff. -----Original Message----- From: Valek, Denise Sent: Wednesday, May 11, 20058:24 AM To: Costello, Jeff Subject: FW: Public Notice #2005-072 FYI Denise A. Valek Executive Assistant Planning & Zoning Department City of Delray Beach 100 N. W. 1st Avenue Delray Beach, FL 33444 Phone No, 561-243-7041 Fax No. 561-243-7221 valek@ci.delray-beach.f1.us -----Original Message----- From: Lynn [mailto:FL_Fisherman@msn.com] Sent: Wednesday, May 11, 2005 7:12 AM To: PZmail@MyDelrayBeach.com Subject: Public Notice #2005-072 6/6/2005 · !v1essage Page 3 of3 # Good Morning Mr. Costello: I am in receipt of this public notice dealing with the establishment of an adult gaming center in the Delray Square Shopping Center. Could you please send me some additional information dealing with the following questions: 5- What is the definition of an adult gaming center and what type of activities would be permitted if this is approved? ADULT GAMING CENTER Means any place or premises catering to persons 18 and over that mimic the look and feel of gambling venues where there are more than six (6) amusement games or machines which operate by the means of the insertion of a coin and which by means of skill may entitle the person playing or operating the game or machine to receive points or coupons which may be exchanged for merchandise only, excluding cash and alcoholic beverages, provided the cost value of the merchandise or prize awarded in exchange for such points or coupons does not exceed 75 cents on any game played are available to the public. The presence of games or gaming devices that are similar to, or in the nature of slot machines, shall result in a rebuttable presumption that the business at which such machines are located is an adult gaming center. 6- If this is approved, would that automatically approve additional gaming centers in the future? In order to establish an adult gaming center, conditional use approval must first be obtained from the City Commission It is noted, that pursuant to LOR Section 4.3.3(AAA)(1)(a) and (b), no Adult Gaming Center shall be located within one thousand (1,000) feet of or in the same block as, whichever distance is greater, an existing adult gaming center, measured from lot line to lot line in a straight line. Further, no adult gaming center shall be located within an historic district, on an historic site, on properties listed on the Local or National Register of Historic Places or in any Redevelopment Area. Thus, any future adult gaming centers would not be "automatically" approved. 7- Are there already other gaming centers located in Delray Beach? Yes - at the southeast corner of Linton Boulevard and Military Trail (Spinner's Arcade III, Inc., 4900 Linton Blvd, Suite 31) 8- If I cannot attend the public hearing, are there other options available to have my voice heard? The Planning and Zoning Board will make a recommendation to the City Commission. The item is scheduled for the City Commission meeting on Tuesday, June 7,2005 You can send an e-mail or letter stating your position on the item, if you cannot attend a meeting. Thank you for your time. -,.0 Kind regards, Lynn Endorf 6/6/2005 c¡( II CITY COMMISSION DOCUMENTATION f0 TO: DA~~~MANAGER THRU: PAU DORLlNG, DI TOR OF PLANNING AND ZONI~ FROM: JEFFREY A. COSTELLO, ASSISTANT PLANNING DIREC - SUBJECT: MEETING OF JUNE 7, 2005 CONDITIONAL USE REQUEST TO ALLOW THE ESTABLISHMENT OF AN ADULT GAMING CENTER TO BE KNOWN AS FUN CITY. OCCUPYING A 1 ,222 SQ. FT. TENANT BAY WITHIN DELRAY SQUARE SHOPPING CENTER. LOCATED ON THE NORTHEAST CORNER OF MILITARY TRAIL AND WEST ATLANTIC AVENUE. II BACKGROUND II A conditional use application has been submitted to establish an Adult Gaming Center to be known as Fun City in an existing commercial bay (approximately 1,222 square feet) within the Delray Square Plaza. The applicant has proposed no modifications to the exterior of the building, landscape areas, or parking areas. The business will employ two (2) people, accommodate 50 gaming machines, and will operate seven (7) days a week between the hours of 9:00 a.m. and 11 p.m. In addition, the business will consist of a "food counter" serving coffee, soda and pre-packaged food. Additional background a complete analysis of the request is found in the attached Planning and Zoning Board staff report of May 23,2005. ~ _=. .:=-' ~ L. ~ N N I N G A ~ D Z 0 N ~. ,N G _ B 0 ~_ R D _ C 0 ~, SID ~ R A! 1,0 N -.. , ,~ At its meeting of May 23, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony in support of, or opposition to the request. During the discussions regarding the proposal, staff noted that this same applicant recently requested a text amendment "to allow the use of gift certificates, gift cards, credit cards or other cash substitutes for payouts", which was denied by the City Commission. Therefore, gifts certificates, gift cards, credit cards or other cash substitutes shall not be allowed for payouts. If the Adult Gaming Center is found to violate this provision, Florida Statutes, LOR Section 4.3.3(AAA), or other conditions of conditional use approval, then pursuant to LOR Section 4.3.3(AAA) (4), a finding can be made that the conditional use is null and void and the operation must cease. After deliberations, the Board voted 4-0 (Kincaide, Morris, Zacks absent) to recommend to the City Commission approval of the conditional use request 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 Sections 2.4.5(E) (5), 4.3.3(AAA), and Chapter Three of the Land Development Regulations with the condition that the Adult Gaming Center (i.e. Fun City) and any/all subsequent adult gaming establishments at this location abide by all of the criteria of LOR Section 4.3.3(AAA) (1) (c). II RECOMMENDATION II Approve the conditional use request to allow for the establishment of an Adult Gaming Center for Fun City, 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 Sections 2.4.5(E) (5), 4.3.3(AAA), and Chapter Three of the Land Development Regulations with the condition that the Adult Gaming Center (i.e. Fun City) and any/all subsequent adult gaming establishments at this location abide by all of the criteria of LOR Section 4.3.3(AAA) (1) (c). Attachments' Planning and Zoning Board staff report of May 23, 2005 qß PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT --- MEETING DATE: May 23,2005 AGENDA ITEM: IV.F ITEM: Conditional Use Request to Establish an Adult Gaming Center to be known as Fun City (Quasi-Judicial Hearing). ...J - POST "" OFFICE: a:: r- ' I I BOYS I GENERAL DATA- · F4RMERS ~ - I MARKET ,¡ Agent / Applicant............ Nayeem Uddin Khan ,~ >- I SHOPPES' Owner............................ Delray Hudson, Inc. a:: I OF Location......................... Northeast Corner of South Military "" OE:LFI4Y l _.., Trail and West Atlantic Avenue ~ , 'TRAILS END f---- within the Delray Square Plaza ...J ~~~ (14570 S. Military Trail, Suite C-1) ;' J{ç(' I Property Size................. 20.32 Acres ' Future Land Use Map.... General Commercial (GC) Current Zoning............... Planned Commercial (PC) I Q [ Adjacent Zoning North: Single-Family Residential (R-1-A), ([J..' General Commercial (GC), and í. . DELRAY ' Agriculture (A) SQUARE: ! South: General Commercial (GC) and PLAZA' , Planned Commercial (PC) Ol/ East: Planned Office Center (paC) ~ West: County CG/SE & City GC . :J: PUBLlX Existmg Land Use.......... Vacant Bay within Shopping Center r- 0 Proposed Land Use....... Adult Gaming Center :::> Water Service................ Available On-Site 0 il I' . .' WASHINGTON FiRST Sewer Service................ Available On-SIte MUTUAL ¡UNION ì '" WEST A T LAN TIC ... .' i I . I . - u ; DE:LRA Y I WEST PLAZA IV.F I ITEM BEFORE THE BOARD I The item before the Board is the forwarding of a recommendation to the City Commission on a request for conditional use approval to establish an Adult Gaming Center to be known as Fun City, pursuant to Land Development Regulations (LOR) Section 2.4.5(E). The subject property is located at the northeast corner of South Military Trail and West Atlantic Avenue within the Delray Square Plaza (14570 South Military Trail, Suite C-1), and is zoned Planned Commercial (PC). I - . BACKGROUND I PROJECT DESéRIPTION ----. -----.- --, At its meeting of October 19, 2004, the City Commission adopted Ordinance 58-04, which established criteria intended to regulate adult gaming centers that mimic the look and feel of gambling venues but are operated in accordance with Florida State Statute Chapter 849 (Gambling). The regulations of these venues ensures that they are permitted as conditional uses in the appropriate compatible designation within the City and that appropriate police powers are established to ensure reduction of any secondary effects. A conditional use application has been submitted to establish an Adult Gaming Center to be known as Fun City in an existing commercial bay (approximately 1,222 square feet) within the Oelray Square Plaza. The applicant has proposed no modifications to the exterior of the building, landscape areas, or parking areas. The business will employ two (2) people, accommodate 50 gaming machines, and will operate seven (7) days a week between the hours of 9:00 a.m. and 11 p.m. In addition, the business will consist of a "food counter" serving coffee, soda and pre-packaged food. The proposed conditional use IS now before the Board for action. I - --ëÒNDITIONAL USE ANAL YSiS-· ---- -- --- --l REQUIRED FINDINGS (Chapter Three): Pursuant to LOR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future land Use Map (FLUM) designation of General Commercial (GC) and a zoning designation of Planned Commercial (PC), which are consistent with one another. Pursuant to LOR Section 4.4.12(0) (4), Adult Gaming Centers are allowed as a conditional use within the PC zoning district subject to meëting the criteria listed in LOR Section 4.3.3(AAA). As discussed later in this report, positive findings can be made with respect to these criteria; thus positive findings can be made with respect to FLUM consistency. Planning and Zoning Board Staff Report Fun City - Conditional Use Request for an Adult Gaming Center Page 2 CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The conversion of the existing 1,222 square foot commercial bay within the existing shopping center to an Adult Gaming Center will not have an impact on the levels of service for Water and Sewer, Streets and Traffic, Parks and Recreation, Solid Waste, Drainage, or Schools. Based upon the above, a positive finding can be made with regard to this level of service standard concerning the proposed conditional use request. CONSISTENCY: Compliance with peñormance standards set forth in Chapter Three and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the Objectives and Policies of the adopted Comprehensive Plan was conducted and no applicable Objectives or Policies were found. LDR SECTION 2.4.5(E) - REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E) (5), in addition to provisions of Chapter Three, the City Commission must make findings that establishing the conditional use will not: (a) Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; (b) Hinder development or redevelopment of nearby properties. The following table identifies the zoning designations and uses that are adjacent to the subject property: Zoninq: Use: North General Commercial (GC), Agriculture (A), and Restaurant, Agricultural Land, and SintJle-Family Residential (R-1-A) Single-Family Dwellings South General Commercial (GC) and Planned Retail and Office Commercial (PC) East Planned Office Center (POC) Office West County Commercial General-Special Exception Retail (CG-SE) As the proposed Adult Gaming Center will occupy a vacant bay which is internal to the Delray Square Shopping Center, there will be no impacts on adjacent properties that are not customary to a shopping center The proposed use will not hinder development or redevelopment of nearby properties. Based on the above, a positive finding can be made with regard to criteria listed in LOR Section 2.4.5(E) (5). - --- - - Planning and Zoning Board Staff Report Fun City - Conditional Use Request for an Adult Gaming Center Page 3 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: LDR Section 4.3.3(AAA) - Adult Gaming Centers: Pursuant to LOR Section 4.3.3(AAA) (1) (c), Adult Gaming Centers are required to operate under the following criteria: 1. That an attendant must be provided on the premises during all hours of operation; 2. That the hours of operation shall be limited to 9:00 a.m. to 11 :00 p.m., seven (7) days a week; 3. That no one under 18 years of age shall be allowed in the Adult Gaming Center; 4. That the consumption andlor possession of alcohol shall be prohibited on the premises; 5. That the license for each machine shall be attached thereto; 6. That the use of gift certificates, gift cards, credit cards or other cash substitutes shall be prohibited; 7. That prizes shall be limited to $0.75 retail value per game played; 8. That any machine on the premises of the enterprise or business shall not violate the State's laws against slot machines and shall be in full compliance with Section 849.16, Florida Statutes; and 9. That the enterprise or business shall permit unlimited access to law/code enforcement officials to enter the premises and inspect any machine at any time to ensure that the provisions of this Ordinance are in compliance. The above criteria must be adhered to throughout the operation of the proposed Adult Gaming Center business should the conditional use application be approved. The applicant has indicated in their application that the business will operate seven (7) days a week between the hours of 9:00 a.m. and 11 p.m. While food and drink are proposed to be served on the premises, the applicant has Indicated that this will be limited to coffee, soda and pre-packaged food. In addition to the above, it is noted that a text amendment was recently proposed by the applicant "to allow the use of gift certificates, gift cards, credit cards or other cash substitutes for payouts". In the applicant's letter of request for the text amendment it was stated that within a two (2) - three (3) mile radius there are several Adult Gaming Center businesses within Palm Beach County that provide gift certificates and gift cards that may be exchanged for merchandise, excluding cash and alcoholic beverages. The applicant further stated that if their business did not use gift cards and gift certificates like other businesses they are in competition with, that their gaming center would be out of business. At its meeting of April 16, 2005, the Planning and Zoning Board recommended denial of the text amendment, and the City Commission denied the text amendment on first reading at its meeting of May 3, 2005. Based upon the applicant's own statement that the proposed business would not be able to operate under the criteria required for Adult Gaming Centers, there is a concern that the business, if approved, would operate outside these criteria. However, the conditional use should not be denied based upon a concern that the u_se mayor may not be operated in accordance with the required criteria. Pursuant to LOR Section 4.3.3(AAA) (2) (b), as a prerequisite to the continuation of the granting of a conditional use within six (6) months and periodically thereafter during the operation of the Adult Gaming Center, the Chief Building Official, or designee, the City Fire Inspector, or designee, and the Oelray Beach Police Planning and Zoning Board Staff Report Fun City - CondItional Use Request for an Adult Gaming Center Page 4 Department shall have the right to inspect the premises certifying that the adult gaming establishment is operating in accordance with the requirements of law and this ordinance. If the Adu/t Gaming Center is found to be in violation of Chapter 849, Florida Statutes, LOR Section 4.3.3(AAA), or the conditions of conditional use approval, then pursuant to LOR Section 4.3.3(AAA) (4), a finding can be made that the conditional use is null and void. Based upon the above, it is attached as a condition of approval that the Adu/t Gaming Center (I.e. Fun City) and any/all subsequent adult gaming establishments at this location abide by all of the criteria of LOR Section 4.3.3(AAA) (1) (c). I REVIEW BY OTHERS I The subject property is not located within a geographical area requiring review by the Community Redevelopment Agency (CRA) or the Downtown Development Authority (DDA). Courtesy Notices: Courtesy notices have been provided to the following homeowner's and/or civic associations which have requested notice of developments in their areas: a Delray Beach Chamber of Commerce a Presidents Council a Progressive Residents of Delray (P.R.O.D.) Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. I . I ASSESSMENT AND CONCLUSIONS The proposed establishment of an Adult Gaming Center within the Delray Square Shopping Center will not generate nuisances to the adjacent commercial tenant spaces or the surrounding properties. Therefore, positive findings can be made with LOR Section 2.4.5(E) (5) regarding the compatibility of the proposed development with the surrounding properties. Further, the use is consistent with the Objectives and Policies of the Comprehensive Plan as well as Chapter Three and Section 4.3.3(AAA) of the LOR with the condition that the Adult Gaming Center (Le. Fun City) and any/all subsequent adult gaming establishments at this location abide by all of the criteria of LOR Section 4.3.3(AAA) (1) (c). r - ---- I AL TERNA TIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval of the conditional use request to allow for the establishment of an Adult Gaming Center for Fun City, 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 Sections 2.4.5(E) (5), 4.3.3(AAA), and Chapter Three of the Land Development Regulations, subject to the attached condition. Planning and Zoning Board Staff Report Fun City - Conditional Use Request for an Adult Gaming Center Page 5 C. Move a recommendation of denial of the conditional use request to allow for the establishment of an Adult Gaming Center for Fun City, 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 criteria set forth in Sections 2.4.5(E) (5), 4.3.3{AAA), and Chapter Three of the Land Development Regulations. I --. RECOMMENDED ACTION --- __n -·---l Move a recommendation of approval of the conditional use request to allow for the establishment of an Adult Gaming Center for Fun City, 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 Sections 2.4.5(E) (5), 4.3.3(AAA), and Chapter Three of the Land Development Regulations with the condition that the Adult Gaming Center (i.e. Fun City) and any/all subsequent adult gaming establishments at this location abide by all of the criteria of LOR Section 4.3.3{AAA) (1) (c). Attachments Location Map and Floor Plan Staff Report Prepared by: Robert G. Tefft, Semor Planner ... _, I I I! I I I ~ I~ ¡' : Iii I - I· I II . p::\ ill I ¡ ----1 ~! I, ) . BARRETT STREET . I 1./ --...../1 I I . _ _ _ _ _ . . BO Y!j ! -/. ' I . : ! I - -- · FARMtPS ------1 r--- i I ~. I I _L' I ¡ M4RvU i . \-- --i-l--~~ I! T! ¡i JJ '------ . I !_- -- -- 0:: f------' ~ I , ~ ~ FRANCES DRivE ï\ ; -.J j SHOPPES \ L¡' ~= =--=:j = Wnl I~ I ~ i ,i !p I 0' L-I-- ~- II ~ - I F I 1 16: 1/ f « I DELRA Y i !:j~ - f---¡ ~ ELLWOOD DRIVE 1/ ~ 0:: L-- I-- r- N3! I ¡ I I .-1 TRAILS END I ~' lJ ~ ! ¡ j ! PLA~ -I! 1 I 1 I I ~ ~ ~ : ' " FRANWOOO DRiVE ~ I Kr-C I I I ,_, '! ,_ _ _ _ _ _ I I / : I 1 i I .¡ I i I I I I I i - . . . ,--I ~ ~ CANAL L-33 _. _ _. . _ .'.".'..' .. _ '..' I III.-. , ·i . 1~ i """'....:'~",..,' ~\ ,",,' 1'. I ¡ ] I I·, \ \ \ ., . \ \ h ,-J ~ ~ ~~E~DRpÆ >-. I Q ¡ ~~ Il/VvV 0:: I ~ i i ¡ / VV----- V . '-1 í / u.oV w~/' OFFICE DEPOT « I __ 4 ~ -:::: ~~e:= ~ /' I _____._ --' , :..------ v V /' .- I, ~--~f--VVV,/ OELRAY l; . '¡! -+-- I- ~ / // V -.J I SQUAREe \ : \...J -+-- 0:: i/ // V I PLAZA II r--o ---"-- V r;../ I.---- -, I ~ e--~ '¡! / V;:::: _ _\~-~ 2 , ~! iL /' V[...-.---- / \)"'7 " ~ '--, :..------ VI ~~i" ~~IL? ; III i ;-Y' X \)0 .' L-J ~ I .~. t-V/ ~ ~ Di I ,:::: I--- f--/'i'i2r:::::::: ~ :r: II PUBLlX 0 .... /'51 /, / 'j :¿: . /' _ /' VII-/' V '" .- ' o. l/) i!: / VV ¡I--!I--I-- /' VI/ , ::J \ <: 0::: :-..c <: V I /V ::J. I I<;(::J-q: -q:uvvV - - IOQ C¡ ..- o y. U 0 --.1 /' L-L- C:I l/) 0 Q-q: (/) WASHINGTON FIRST ~, ! .~ i ã ~ {r¡ is ! I' I I MU TUAL UNION / ^ \ ! :j' <;( ~! I ,_ _,,_ ,. ,., _ ,.. WEST A T LAN TIC A V E N U E ,.."." , . ' ~ po I I ; Ie ì IJ~ 11 I I I , l ! . I·" . " III '-- '- L-J I - if ~ : NA nONS 11h1l l[ _ I ~ I BANK wi: PINES DELRAY:!· ~ ~ 'i I [I WEST WEST 'I ~ I 0 L- PLAZA PLAZA - I_ 1 - i ~ t ¡ L----- _. ,_ _ _ -l. - ..J. ~ I I I-- I ~I T·""!'·· T i ,-,., Ii, I'. I: - -' . ~ ! : ¡ ! I I! f------------ 3: ~---.:::: r- "' ' -, , I' .:!' I -'-.,.. ~\ . " I L.. -L.lI ¡ I I! j ; ~ : . . r--- f__ __""\~ -, i i 1 I; "> ... -- JEFFERSON ROAD ~ ", "/7 'I ¡ lJlk N - · · Of)' UMI,3 NEW HOPE, INC. (DBA FUN CITY) CITY Of"" OCLRA Y 8EAC.rl FL PLANNING <k ZONING ùEP AR TuEN f _ _ DIGITAL BASE VA? SYS TEAl _ _ MAP REF !..M82J I VERANDÞ1I\ ,~ r I I "8ll~~~ I I. \ il" I . II ' "=='- í~~~J'_ ~ '~/ "'. ~'" I -: 0> / ~I . -~ ~ 2 ~ ~ ED < 0 ~ J ~ ~ a 8J 6 .... ¡ 0 ;;:: 8J »- n I Z ~ .... V> ~ []J --I ... :r :u » n n @D ,...., n 0 ;;:: '" >- ;0 c z - 0 o '" -I 0 ~ ~ ~ < "'; ;0 »- q <> V ... ~ <D '" -!. .- ;0 In ;0 "T] '" e z -u '" ~ V> 0 ;0 <> .... !"" 0 -> "» ~ --I 5'-4" '" ~ V> [DJ 8J ... m :::j ŒJ [DJ a£J 0 [DJ ~ aD m V> r- .- ~ I~ D .... ŒJ - :¡:: .. 0<> 00 6 ",... --I r 0 0 ~ I ŒJ ;0 C::fh þ", ~ -< 0 ~!; c I 00... ~ C> CEJ MI ; þ 00-1 O~ ::::Co I _ ~ ŒJ - r O. ~~ ."... '" 0;0 ." ~ ;u-< Z ~ ŒJ I 0-1 G) ~ Þ ;0 Þ C') ¡= m CD] CEJ ~ ;;0 CD] ŒJ ~6 [2D <-' '" '" u CD ... <~~ - -I o _ m 0 °nZ ~~ç m Z CJ) ï1 0 ;u I 0 0 ~ ; ~ ~ ~ l .., '" '" ;0 c !ó -< '" 0 3 . o/( P1 . [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE ::'()() 1\\\ ]q c\VE'\lT' DELRAY BE\CH. FLORID-'\. 33444 1 j l EP\-l()~L y,! '::'.;.~- :'í\l)(i . f \CS[\UL! 561 í::'7X-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 f ~ I ") "- -..ad All-America City " III! DATE: MEMORANDUM May 23, 2005 1993 TO: City Commission 2001 David Harden, City Manager {\.....,......---......=::::: FROM: Brian Shutt, Assistant City Attorney SUBJECT: Hold Harmless AQreement with CRA for Delrav Green Market Attached please find a hold harmless agreement (City's standard form) between the City and CRA for the Delray Green Market to be held on Saturday mornings between 8:00 a.m. and 1 :00 p.m. Our Office requests that this item be placed on the June 7, 2005 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Diane Colonna, CRA Executive Director ) q .c... 05/25/2005 15 47 FAX 5812784755 CITY A HORNEY -t Clty Manager 1lI001/001 HOLD HARMLESS AGREEMENT THIS HOLD HARMLESS AGREEMENT, is entered into this ~ day of l5\~ ' 20~y and between the CITY OF DELRA Y BEACH, FLORIDA, a Florida municipal corporation (hereinafter referred to as "CITY") and Y~\r~ &DLh CLÞr ' (hereínafter referred to as "EVENT SPONSOR"). WIT N E SSE T H: WHEREAS, EVENT SPONSOR seeks to hold a special event known as ~(lL-t\. ~¥L.\- to be held on ~A.~~ t '&-\, (hereinafter refeITed to as the "Event"); and ~()~ -\h(v ;)~ WHEREAS, the Event will be held within the City limits of DeJray Beach; and WHEREASs the City Commission has determined that such an Event promotes the public's health, safety and welfare. NO'V, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations seL forth above are incorporated herein. 2. Indemnification. EVENT SPONSOR, for good and valuable consideration, agrees to defend, indemnify, and hold hannless the CITY, its a.gents, officers, employees and servants from any and aU suits, causes of action or any claim whatsoever made, and damages, which may result from any activity conducted by EVENT SPONSOR, its agents, employees, assigns or contractors, in relation to the Event. RECE"fEn MAY 1 7 Z005 CJTY CLERK ~-~ . . 3. Insurance. EVENT SPONSOR shall obtain insurance covering the Event in the amounts and of the types specified in Exhibit "A" attached hereto which is incorporated herein as if fully set forth. 4. Governine: laws~ venue. This agreement shall be governed by the laws of the State of Florida. Any proceeding initiated to enforce the provisions of this agreement shall be brought in the State or Federal courts located in Palm Beach County, Florida. 5. Sindine: Effect. All ofthe terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 6. Entire Ae:reement. 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. 7. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 8. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 2 · IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. A TrEST: CITY OF DELRA Y BEACH, FLORIDA, a Florida municipaJ .eomo,ation By: By: .- City Clerk Approved as to Form: By: City Attorney WITNESSES: (print or type name) (SEAL) STATE OF FLORIDA COUNTY O@\M- ~lÞ- The foregoing instrument was acknowledged before me this ~ay of ~ ' 2016 by~~ (name of officer or agent, title of officer or agent) of~\r- (name of corporation acknowledging), a oÇ\or\ ð. (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of ident' ation) as ide ation and did (did not) take an oath. 3 Initials EXHIBIT A INSURANCE REQUIREMENTS OF THE CITY OF DELRA Y BEACH EVENT SPONSOR shall not commence operations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Delray Beach Risk Manager. If you have any questions call (561) 243-7150. The following insurance coverage shall be required. A. Worker's Compensation Insurance, as required by law, covering all employees and providing benefits as set forth in Chapter 440, Florida Statutes and including Employers Liability coverage, regardless of the size of your firm. EVENT SPONSOR further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course and scope of their employment. B. Comprehensive commercial general liability insurance to include coverage for premises and operations, independent contractors, broad form contractual liability, personal injury, and if items are sold, products and/or liquor liability, in connection with the contractual relationship and activities being done under this agreement. The policy will be endorsed to include the City of Delray Beach and it's designees named as additional insureds. The insurance will be written on an occurrence basis with the limits of liability not less than $1,000,000.00 combined single limit per occurrence, and as an annual aggregate, coveriµg bodi~y injury, property damage and personal injury. . ~_ I . C. Motor Vehicle Liability Ins~ance covering all vehicles associated with the Licensee's operations to include alJ owned, non-owned and hired vehicles. The coverage will be written on an occurrence basis with limits of liability not less than $1,000,000.00 combined single limit per each occurrence. , D. The certification ~r pr~oi of insurance must contain a provision for notification to the City thirty (30) days in advance of any material change in coverage, non- renewal or cancellation. EVENT SPONSOR shall furnish to the City, Certificate(s) of Insurance evidencing insurance required by the provisions set forth above, days prior to the holding of the event. If so requested by the City, certified copies of insurance policies will be provided by EVENT SPONSOR. - , If any of the above coverages expire during the term of this agreement, EVENT SPONSOR will provide a renewal certificate at least ten (10) days prior to expiration. Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. lit Avenue, Delray Beach, Florida 33444 with a copy to Assistant City Manager, 100 N.W. lit Avenue, Delray Beach, Florida 33444 Insurance prev Sp Event FORM agt · ~ ~ [IT' DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 'flf) \;\\. h¡·\\T\l E' DFLR.-\Y BE-\CI-I. FLORIDA -'-'444 IT:.LLPfIO'\fc 5(.!/24;-7¡)l)IJ· HC:,[\IILE :'nl/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 r I I) R I [' ... D.ed All-America City , III I! DATE: MEMORANDUM May 31,2005 1993 TO: City Commission 2001 David Harden, CiW Manager ~----- FROM: Brian Shutt, Assistant City Attorney SUBJECT: Interlocal Aareement with CRA Reaardina Purchase of Liaht Poles The attached interlocal agreement provides that the City will purchase light poles and fixtures upon receipt of $17,760.00 from the CRA. The City will store the materials for a period not to exceed one year, unless the time is mutually extended by the parties. The City shall not be responsible for the condition of the light poles or fixtures while they are being stored. Our Office requests that this item be placed on the June 7, 2005 City Commission agenda. Please call if you have any questions. cc: Chevelle Nubin, City Clerk Diane Colonna, Executive Director CRA Richard Hasko, Director of Environmental Services C1.D ------.------ INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRA Y BEACH AND THE DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY FOR PURCHASE OF LIGHT POLES AND FIXTURES THIS AGREEMENT is made this ~ ~day Of~ 206 by and between the CITY OF DELRA Y 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 CRA wishes to purchase certain light poles and fixtures to be used for Donnie's Golden Spoon; and WHEREAS, the CITY shall purchase these light poles and fixtures and store the material until it is used by the CRA; and WHEREAS, the CRA shall fund the purchase of the material. 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 $17,760.00 upon the execution of this Agreement. Upon receipt of the funds from the CRA the CITY shall order the light poles and materials as described in Exhibit "A". Once the materials arrive the CITY shall store the materials for a period not to exceed one year, unless extended by mutual consideration of the parties. The CITY does not warranty or guarantee the condition of the delivered light poles and material or the condition of the poles and material during storage. The CITY shall not be responsible in any way for the condition of the poles and other material while being stored by the CITY It shall be the responsibility of the CRA to remove the poles and other material from the CITY storage area to the construction location. 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 DELRAY BEACH, FLORIDA By: City Clerk leffPerlman, Mayor Approved as to Fonn: City Attorney ~ -- , " EXHIBIT "A" 4 Pole/fixture assembly: Ameron Co. pole Cat. #VER4.6(413)T6MOD, Lumec Co. fixture: Cat. #175MH-L50-ACDR-FC-SE3-240V-SFO-GN6TX Price: $1,725.00 x 4 = $6,900.00 4 Polel(2)fixture, twin mounting bracket assembly: Ameron Co. pole Cat. #VER4.6(413)T6MOD, Lumec Co. fixture: (2) required Cat. #175MH-L50- ACDR-FC-SE3-240V-SFO-GN6TX Price: $2,715.00 x 4 = $10,860.00 Notes: 1. All material is the same as Atlantic A venue west of Swinton. 2. Lamps 175 watt metal halide is not included. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [1fú1 SUBJECT: AGENDA ITEM # C\ E - REGULAR MEETING OF JUNE 7. 2005 CONTRACT AWARDS/MEDICAL/DRUG SUPPLIES DATE: JUNE 3, 2005 This is before the Commission to consider approval of contract awards, via the City of Boynton Beach Joint Bid #2005-18, in the estimated annual amount of $96,000.00 to Matrix Medical, Inc. (second lowest bidder); Sun Belt Medical/Emergi-Source; Southeastern Emergency Equipment; Quad Med, Inc. (second lowest bzdder); and Bound Tree Medical, LLC for medical/drug supphes for the Delray Beach Fire-Rescue Department. Recommended Vendors GroQp Number Matrix Medical, Inc. 1, 2, and 5 Bound Tree Medical LLC 7 Sun Belt Medical/Emergi-Source 3 Southeastern Emergency Equipment 4 Quad Med, Inc. 6 The recommendation for Group 1 is to Matrix Medical, Inc., second lowest bidder, due to Quad Med's (last year's supplier and low bidder) problems supplying numerous items within this group. Quad Med's ability to supply a number of important items in this group is in question. The recommendation for Group 6 is Quad Med, second lowest bidder, due to being last year's supplier of this group, completeness of bid proposal, and the difference in pricing is minor. Funding is available from 001-2315-526-52.20 (General Operating Supplies). Recommend approval of contract awards in the estimated annual amount of $96,000.00 to Matrix Medical, Inc. (second lowest bidder); Sun Belt Medical/Emergi-Source; Southeastern Emergency Equipment; Quad Med, Inc. (second lowest bidder); and Bound Tree Medical, LLC for medical/drug supplies for the Delray Beach Fire-Rescue Department. S:\Clty Clerk\agendamemos\Contract Award Medtcal Drug Supphes 2-d lowest welder 060705 MEMORANDUM TO: David T. Harden, City Manager FROM: J acklyn Rooney, Purchasing Manager~ THROUGH: Joseph Safford~ance Director DATE: May 27,2005 SUBJECT: DOCUMENT AnON - CITY COMMISSION MEETING JUNE 07, 2005 - BID AWARD - BID #2005-18 MEDICAL AND DRUG SUPPLIES - ANNUAL CONTRACT Item Before Commission: City Commission is requested to make multiple awards to low responsive bidders, as stated below for medical/drug supplies for the Fire Department at an estimated annual cost of $96,000 for the City of Delray Beach. Background: The City of Delray Beach is the lead entity for this joint bid with the City of Boynton Beach. Bids were received on May 11, 2005, from ten (10) vendors, all in accordance with City purchasing policies. (Bid #2005-18. Documentation on file in the Purchasing Office). A tabulation of bids is attached for your review. NOTE: The group totals listed on the tab sheets reflect the total of each group for the UNIT PRICE of each item in that group. The bids have been reviewed by Michael Twigger, Paramedic Lieutenant, City of Delray Beach Fire Department per attached memo dated May 24, 2005. Janet Allen, City of Boynton Beach Procurement and Dominic DeMauro, Warehouse Manager also recommend approval per attached e-mail dated May 24,2005. Recommended awarded vendors per group are as follows: Recommended Awarded Vendors: Group Number: Matrix Medical Inc. 1,2, and 5 Bound Tree Medical LLC 7 Sun Belt Medical / Emergi-Source 3 Southeastern Emergency Equipment 4 Quad Med Inc. 6 -- Recommendation: Staff recommends award to various vendors as outlined above and highlighted on attached Tabulation of Bids for a total estimated annual cost of $96,000. Funding from City of Delray Beach Fire Department operating budget account code 001-2315-526-52.20 for FY 2005-2006. Attachments: Tabulation of Bids Memo From Fire Department E-mail From City of Boynton Beach Cc: Michael Twigger, Paramedic Lieutenant, Delray Beach Fire Department. Janet Allen, City of Boynton Beach Procurement Services Dominic DeMauro, Warehouse Manager, City of Boynton Beach ----~---- ------------ - [ITY DF DELRAY IEA[H FIRE-RESCUE DEPARTMENT SERVING DELRAY BEACH . G,_iLI=" STREÞM . i--jtGf-i~ M--:l) g¡::ASH DELRAY BEACH f l 0 . I D a tIr.8d All-America City 'IIII! 1993 MEMORANDUM 2001 TO: Jacklyn Rooney, Purchasing Manager FROM: Michael Twigger, Paramedic Lieutenant DATE: May 24, 2005 SUBJECT: Medical/Medication Supply Bid # 2005 - 18 I have reviewed the proposals you provided to me for the Medical/Medication Supply Bid # 2005 - 18. I recommend the bids to be awarded as follows: Group I - Matrix Medical Inc. - completeness of bid proposal, 2nd low bidder Group 2 - Matrix Medical Inc. - only vendor to provide complete bid proposal Group 3 - Sun Belt Medical - only vendor to provide complete bid proposal and long time supplier of our medications Group 4 - Southeastern Emergency Medical - completeness of bid proposal and low bidder Group 5 - Matrix Medical Inc. - completeness of bid proposal and low bidder Group 6 - Quad med, Inc. -- completeness of bid proposal and 2nd low bidder Group 7 - Bound Tree Medical - no vendor provided a complete bid on this group, Bound Tree Medical LLC provided the most complete bid and was the supplier of last year's bid for this group Please note that for Group I, I recommend that Matrix Medical receive the bid due to Quad Med, low bidder and last year's supplier of this group had problems supplying numerous items within this group. I feel that even though Quad Med had the low bid, their ability to supply a number of important items in this group, is in question and the bid should go to Matrix Medical Inc For Group 6, I recommend Quad med receive the bid even though they are the 2nd low bidder due to the fact they were last year's supplier of this group and the difference In pncing is very close. The low bidder of this group is unknown to me and I had difficulty in the past with unknown vendors. If you have any questions, please contact me via e-mail at twiggcr:mci.de1rav-beach.fl.us or by telePh~ ~~ Ichael Twigger ~ Paramedic Lieutenant FIRE-RESCUE DEPARTMENT HEADQUARTERS· 501 WEST ATLANTIC AVENUE· DELRA.Y BEACH FLOR!DA 33444 (561 i 243-7400· FAX (516ì 243-7461 pr'nted on Recycied Parer ..... 'õ ..... CD 01 1\1 ¡ ~ "i ~ ~ ~ ~ ~ M ~ :::EÚ d ~ ~ ~ ~ m ~c ~ 0 0 ~ ~ N 0 ~- ~ Z Z ~ ~ ~ z ð ~ w ~ w , Ú E c 2 2 2 222 cÉw ~ ~ ~ ~ ~ ~ ~ # fiB E E E ~ E E E ~ ~%~ ~ ~ ~ ~ ~ ~ ~ ; . I/) 0 : (5 ¡ E >... 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N M ~ on IØ t- aæe ~ ~ g. g. §' g. §' g. g. 1: ] ¡; ÛJI S ~E E e e e e e ~~~;5 ~ ~C) C) C) C) C) C) C) æ:;¡;.E Z ~ ~ ~ ., AGENDA ITEM NUMBER: ~ AGENDA REQUEST Request to be placed on: June 07, 2005 Date: May 27, 2005 ~ Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: Approval for award to multiple vendors for an annual contract for the purchase and delivery of various medical and drug supplies for the City of Delray Beach Fire Department. Bid #2005-18. This IS a joint bid with the City of Boynton Beach. The City of Delray Beach IS the lead entity for this joint bid. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached. YES NO Recommendation: Award to multiple vendors for the purchase of medical and drug supplies for the Fire Department at an estimated annual usage of $96,000. Funding from account code 001-2315-526-52.20 for FY 2005 - 2006, with the majority of the purchases coming from FY 2006. Department Head Signature: :5'. ~~ " " Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes .::ss No Funding alternatives: (if applicable) Account Number: QDI -731 \- 5 2f... r;Z -lò Account Description: Account Balance: 1- 2 ?, ? /,:,1. fR 7 ,:::y ()VloÇ-' ~-- City Manager Review: Approved for agenda: @ rÞ1- No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved -- ---~- - --- -- (;7K. oJ1 [IT' DF DELIR' IEA[H DElRAY BEACH F L 0 I I ) ~ tI.ad 100 N.W 1st AVENUE DELRAY BEACH, FLORIDA 33444 561{243-7000 AII·AmericaCity " III! MEMORANDUM 1993 2001 TO: David T. Harden City Manager FROM:' ~obert A. Barcinski Assistant City Manager DATE: May 31, 2005 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JUNE 7, 2005 APPRO V AL SPECIAL EVENT REQUEST 7th ANNUAL GARLIC FESTIVAL ACTION City Commission is requested to endorse the Seventh Annual Garlic Festival to be held on November 11 th through 13th, 2005, to grant a temporary use permit per LDR's Section 2.4.6(H) for use of City rights-of-way (NE 1st Avenue from Atlantic to NE 1st Street and NE 2nd A venue from the south entrance of the CRA lot to the south side of the Loves Building from 6:00 a.m. November 10th through 10:00 p.m. November 13th. The City is also being requested to supply staff support for traffic control and security, EMS assistance, barricading and signage. The request also includes waiver of LDR's Section 4.6.7(D)(3)G)(ii) to allow event signage to be put up three (3) weeks before the event. BACKGROUND Attached is an event permit and letter from Nancy Stewart, Executive Director of Delray Beach Arts, Inc., requesting City Commission to endorse the Seventh Annual Garlic Festival, to use City rights-of-way, to place signage and banners up to three (3) weeks before the event, and to provide staff support for security, barricading, clean up, banner hanging, and other assistance as outlined. The event sponsor will be responsible for liability insurance, event management, and set up. The estimated approximate overtime cost for this event is $16,725. Signage costs are $250, for a total estimate of $16,975. Based on Special Events Polices and Procedures the event sponsor will be required to pay $5,591. Proceeds from the event will again be shared with volunteer organizations. The estimated distribution to volunteers organizations is $20,000. @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS q~ Agenda Item Page 2 Attached are an event budget, site plan and information concerning event benefactors. The event sponsor has obtained a contract for the use of the Old School Square site as well as an agreement with the CRA for the use of their parking lot. The Palm Beach Post is one of the event sponsors. RECOMMENDATION Staff recommends endorsement of the event, granting the temporary use permit, and providing staff assistance as requested with the following conditions: · Receipt of event certificate of insurance and hold harmless agreement · Receipt of liquor liability insurance certificate · Liquor cannot be served prior to noon on Sunday · Event sponsor required to provide on-site dumpster service for vendors · Event sponsor required to provide grease disposal barrels on-site for vendors · Installation of event signage no earlier than September 30th. RAB/tas FIle. u sweeney/events Doc Garlic Fesllval2005 --- """!t""I'_~"!~,^,"""~"~i"~~i"~Ibc~~~~J-~~~"a~",~)II¡lolii1!1!!IIi~~~~~;a~'",,"," ,J!J!!.~\., .,.","n.!i~"",,_,",~>V"'_> ._~.,~ ,........._"'-~-. , March 31, 2005 Mr. Bob Barcinski City of Delray Beach I( £', 100 N.W. 1 Avenue C':ì~· - · Delray Beach, FL 33444 4PR .' - . l: ~ELRA BEACH 4 {¡ Ii r ~RTS, INC. Dear Bob, CI't'';-¢,~ I ¿DOS 11141\1-"\ The 7th Annual Delray Beach Garlic Fest has been approved for a Temporary Use Permit for '1G12J? approximately 200 feet of N.E. 1st Ave. on Block 76 adjacent to CRA Parking Lots and all of Old School Square grounds. We are requesting that this portion of the City be closed from 6:00 am Thursday, November 10th, 2005 through midnight Sunday, November 13,2005. This festival will again be a gated event with an admission fee of $7 per person. This admission fee is charged in order to guarantee monetary contnbutions to volunteer and non- profit organizations working our event. Event dates this year are Friday, November 11th, 2005 (5:00 pm -10:00 ~m), Saturday, November 12th, 2005 (11 :00 am to 10:00 pm) and Sunday, November 13 ,2005 (11:00 am to 7:00 pm). In addition to this year's event, we have reserved the following dates: 8th Annual (2006)............................ Nov. 10, 11 & 12th 9th Annual (2007)............................ Nov. 9, 10 & 11th . We are requesting that the following area be barricaded at locations outlined below: 1) The entrance to N.E. 1st Ave. @ E. Atlantic Avenue (adjacent to Old School Square) North to N.E. 1st Street. 2) N.E. 2nd Ave. @ the alley entrance (approx. 200 feet North of E. Atlantic Ave.) North to N.E. 1st Street. 3) Closing of this portion City needs to be closed by 6'00 am on Thurs , Nov 10th in order to begin installation of fencing and ensure that all vehicles are removed from lots. 4) Our main entrance will 'move to the sidewalk entrance to the Cornell Museum and our 2nd entrance will remain North of the arch entering into Pineapple Grove (on the comer of Atlantic Avenue and NE 2nd Avenue). 5) Use of lot on North side of City Hall as free parking area for patrons of event, along with signage directing them to lot. We are also requesting approval for utilization of City Staff for the following: 1) Sianaae Reauest: a) Waiver of event signage timing lifted in order to display signage 3 weeks prior to event. Delray Beach b) Installation of banners on Atlantic Ave 3 weeks prior (Immediately following removal of Art & Jazz Banners), signage on Federal Highway North of Linton, Arts, Inc. Federal High North of George Bush Blvd., W. Atlantic Avenue East of 195 and Linton Blvd. East of 195. c) Event & Parking Signage in appropriate areas (to be determined once parking is 10 S E. 1st Avenue secured). d) Barricades placed at CRA Lot (Block 76) by noon on Thursday, November 10th, Second Floor 2005, CRA Lot directly North of Dunkin Donuts. Delray Beach 2) Installation and production of necessary signage throughout the City as listed in #1. 3) Use of both Parks & Recreation stages (including cover). L!arge stage to be set-up on FL 33444 grounds of Old School Square (for use in Children's area) 4) Use of 5 sets of Parks & Recreation bleachers for the Garlic Chef Stadium. 4) Clean-up services (during & after event) and usage of adjacent dumpsters Sponsor Info (Coordinating w/Parks & Rec). Tel: (561) 274-4663 5) Usage of street lights & electricity at all strategic locations as shown on attached map. 6) Temporary shut down of sprinklers in festival area. Vendors &.. General Info 7) Grass to be cut week of event on Old School Square Grounds. Tel (561) 279-0907 8) Waiver to permit alcoholic beverage consumption on festival grounds. Fax: (561) 274-6129 City Req Lv 2OOO.doc www.dbgarlicfest com - --------- ---- .-- _____. _ __ ___~ ___ A__ _~_ __ ~__ ~ Page 2 9) Waiver of nOise ordinance for music. 10) Waiver of 2 hour parking limit in entire downtown Delray Beach (Nov. 10, 11 & 1 ih, 2005) 11 ) Provide Police coverage/security and Fire Department Rescue and First Aid. 12) Distribution of garbage and recycling containers on festival grounds and clean-up during and after event. 13) Early installation of Christmas Tree so that we may use grounds for children's area. Proposed parking for the festival will be along Atlantic Avenue, Public Parking lot located on S.E 1st Avenue (behind Sopra's building) and the CRA Parking lots 2,3 & 4/ Block 60 located behind Dunkin Donuts. Additional parking at Court House pending County approval. The event is requesting these items to be added to the City Commission agenda in April 2005. Per your request, I have also attached the breakdowns of revenue, expenditures and contributions from last year's event. Should you have any questions, please contact me at 274-4663. Thank you for your consideration and support! Sincerely, !J~~~ Executive Director De/ray Beach Garlic Festival City Req Ltr 2000 doc · DURAY BEACH CIty of Delray Beach . . 0 . , . . Special Event Permit ~ Application 1 III t: PLEASE PRINT ~õõ~ Event Approved/Denied Date of Approval/Denial Approved/Denied by Title 1. Event Namerritle: 1+h {-1nnuo..f Dílr~c.¡ l3f.ûcA 0o.t2-h C. h ~ r 2. Event Date(s): Event Time(s): Nov. II , õ\D6S 5.'Dúprr- - IO~OO¡;;/)? NtH/. 'd. ñ2 ó 0 S- II . 00 Ct.. fh - I (J : GO PM NOll ,~' OlúoS- ¡I-(){¡ t:Lm - 7:ooP/'h r . 3. Event Sponsor/Producer: 4. Event Contact/Coordinator: 5. ~~ 6. 7. 8. 9. City 0 Non-Profit/Charitable ~ Private 0 10. Site plan attached: yes ~ no (Site plan required for entire event site) 12. Event budget attached: yes)( no (Required for all events) 13. Serving or selling alcoholic beverages: yes 'X no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) 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) 16. Requesting Police assistance: yes X no (Traffic control/security) 1 17. Will supplement with private security: yes X no (" yes, need plan attached) )( 18. Requesting Emergency Medical assistance: yes no 19. Requesting barricade assistance : yes X no 20. Requesting trash removal/clean up assistance: yes }\ no 21. Requesting trash boxes and liners: yes )( no 22. Requesting stage use: yes i no (" yes, check type) Large stage covered ìi Large stage no cover 0 Small stage 0 Half small stage 0 )(-" 23. Requesting signage: yes no Type: Event sign (4'x4') Directional SignS~ Banner hanging~ Indicate dates reqUl ed (Waiver required if ore than one (1) week prior to event) 24. Food and beverage vendors: yes ,X no If yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendOrthiCh is due ~ later thaI) one week prior to the event IDC; r:;r- 0ø.r\ ('ë;(nc. (sea a~¡:: t. ...5 f'(.) Fh 25. Health Department approval: (see attached) yes X no 26. Other vendors: yes >( no 27. Tents: yes X no (" yes, tent permits and fire inspections maybe needed) 28. Will the event include amusement rides? requiring state approval? @ yes '>( no (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) -ró c.C/~ 29. Will the event be gated? yes 'l no (Show on-site map) no ?\ 30. Will there be fireworks or other pyrotechnics? yes (" yes, contact Fire Marshall) )( 31. Will there be cooking with compressed gas? yes no (" yes, contact Fire Marshall) X 32. Will you be providing port-a-Iets for the event? yes no (" yes, locate on-site map. " no, indicate how you will handle restroom needs) 1 ~ 33. Will there be a charge for the event? yes no (" yes, indicate ticket prices) j 34. Is reserved parking requested? yes no (" yes, Indicate locations) 2 35. Nei hborhood Block Parties Hei hborhood block arties onl . 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 rights-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. ~á.r1~~ 2eµ;tU.k c....(. (. 0 c.cç- Even Cont~ ctor/Coordinator Date Please print: ¡VA IVC '1 C:=;rt wú.rt-r Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. '\ For Staff Use 0F/~ / -- œ~UJ Application fee received ~ ~ 'E'(.Ad Date Received (p ()~ Site map / Budget V Certificate of insurance Hold Harmless agreement Security plan ....--- Waiver alcoholic beverage v Railroad approval Coast Guard approval 501 c(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 'II I --------------¡ i i i ~__w,,_~.__,,_____~_·___"_"M_. j i i i i i i ¡ i i ! I i i i i i II ! t-t1 I i i i i i i i i i i i i i i i i j One Way 2004 DELRA Y BEACH GARLIC FEST BENEFACTORS (Þ- indicates 6th Annual Delray Beach Garlic Fest Benefactors) Þ-505 TEEN CENTER - DELRAY BEACH YOUTH COUNCIL Þ-ATLANTIC HIGH EAGLE-ETTES Þ-BANYAN CREEK ELEMENTARY SCHOOL PTA Þ-COREBRIDGE EDUCATIONAL ACADEMY Þ-DELRAY BEACH CHAMBER OF COMMERCE EDUCATION FOUNDATION Þ-DELRAY BEACH PUBLIC LIBRARY Þ- DELRA Y BEACH POLICE EXPLORERS Þ-DELRAYTIGERS au TRAVEL BASEBALL Þ-HOSPICE OF PALM BEACH COUNTY Þ-MORIKAMI PARK ELEMENTARY SCHOOL Þ- YOUNG SINGERS OF THE PALM BEACHES œro BENEFACTORS TO DATE ATLANTIC HIGH FOOTBALL TEAM ATLANTIC HIGH JUNIOR VARSITY GIRLS BASKETBALL AVDA (AID TO VICTIMS OF DOMESTIC ASSAULT BOYNTON BEACH COMMUNITY HIGH SCHOOL TIGERETTES BOYNTON/DELRAY EXCHANGE CLUB CARVER MIDDLE SCHOOL CITY OF DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FUTURE BUSINESS LEADERS OF AMERICA HAVEN FOR ABUSED CHILDREN KEY CLUB MILAGRO CENTER OLD SCHOOL SQUARE EDUCATION MENTORING PROGRAM PINE GROVE SCHOOL OF THE ARTS PINEAPPLE GROVE - DELRAY BEACH PINEAPPLE GROVE ART WALK ROSA TUSA SCHOLARSHIP FUND ST. VINCENT FERRER CATHOLIC CHURCH UNITY OF ATLANTIC HIGH SCHOOL X10 DANCE TEAM Total Contributions to Date = $90,486.67 7th ANNUAL DELRAY BEACH GARLIC FEST (PROPOSED/PROJECTED INCOME AND EXPENSES) _____.2005 _ p~O§~º._~.lJºGET . _. AMOUNT ~ - ~ ~ ~~ - - --- ADMIN AND OFFICE EXPENSE 60,000 ADMISSIONS & BOX OFFICE 6,250 SECURITY / POLICE / FIRE / MEDICAL 12,000 DECORATING (Tentina, etc) 13,142 FOOD I BEVERAGE 20,750 INSURANCE 11 ,000 ENTERTAINMENT / SOUND / LIGHTING 100,000 ELECTRICAL 12,000 MISCELLANEOUS 22,000 PAYROLL 20,000 DONATIONS/CONTRIBUTION TO NON-PROFIT ORGANIZATIONS 20,000 GROUND RENTAL 4,500 TECHNICIANS - OSS 4,000 TOT AL BUDGET $305,642 _=__2.0Q~1)~~OPº&çJ:tl~çºM.r;_ __ . "_ AMOUNT - SPONSORSHIP 65,000 FOOD VENDORS 5,000 FOOD % (estimated) 55,000 BEERIWINE/LlQUOR 36,000 ADMISSIONS 115,000 CRAFT VENDOR SALES 30,000 GRANTS (CRA / DDA) 1,500 TOTAL $307,500 - --- ---- - ITEMIZED EXPENSE CATEGORIES ADMIN/OFFICE EXPENSE CONTRACT LABOR DESIGN FEES OFFICE RENT (SEPT - DEC) OFFICE UTILITIES (SEPT - DEC) TELEPHONE ($125 MO AVG) OCCUPATIONAL LICENSE NEWSPAPER SUBSCRIPTIONS ADMISSIONS & BOX OFFICE ADMISSION TICKETS MISCELLANEOUS BOX OFFICE EQUIPMENT BOX OFFICE SIGNS BOX OFFICE AND ADMISSIONS SUPERVISOR MONEY ROOM PERSONNEL TWO PERSON TICKET BOXES TICKET BOXES START UP BANK Lª!;C,-!RITL, n_~_ UNIFORMED POLICE OFFICERS (3 DAYS) FIRE EMS PRIVATE SECURITY MEDICAL .E1.U_p!BINg" -~- PORTABLE TOILET FACILITIES MOBILITY IMPAIRED TOILET FACILITIES DAILY CLEANING OF PORTABLE TOILETS MISCELLANEOUS PLUMBING SUPPLIES "- ~_Le~JRI~~L ~ LICENSED MASTER ELECTRICIAN ELECTRICIAN HELPER PORTABLE GENERATORS FUEL FOR GENERATORS PORT ABLE LIGHT TOWERS FUEL FOR PORTABLE LIGHT TOWERS MISCELLANEOUS WIRE AND SUPPLIES _DeCº~I!NGL5Ql,JIPMENT_ RENT ALS (25)10' X 10' CLEAR SPAN TENTS (100) TABLES, (400) CHAIRS, LIGHTING COVERED TABLES AND CHAIRS FOR PATRON DINING BEER TENT 20x40 WINE TENT 20 x 20 GARLIC CHEF STADIUM 40 x 60 BLUE PRINTS, DRAWINGS & TENT PERMITS PLANTS AND FLOWERS ON-SITE DIRECTIONAL & INFO SIGNS FENCING (5) 20x20 AND (1) 30x50 EattnQ Tent GOURMET ALLEYI EQUIPMENT 20x40 ENTRANCES (2 - 20 x 20) COMP/DEMO STAGE TENT SIGNAGE ITEMIZED EXPENSE CATEGORIES (continued) ~ FOODJ_B~I;VERAGE BEER WINE GOURMET ALLEY FOOD RUM RUNNER MACHINES _ Ç~EAN·UPITRASH TRASH CONTAINERS 40 YARD TRASH CONTAINERS CLEANING CONTRACT PLASTIC BAGS TRASH COMPACTOR .£Ams!t;4G ~~~_ -, - DIRECTIONAL SIGNS PORTABLE LIGHT TOWERS FUEL FOR PORTABLE LIGHT TOWERS FLASHLIGHTS, BATTERIES, SAFETY VESTS PARKING PERSONNEL :.JJiª-llR~JiÇ~ __ ~ _ _ GENERAL LIABILITY WORKERS COMPENSATION RAIN INSURANCE ,--ªI~"ºE;L$Qµ_N[) { LI~HTING - RENTAL TRAILER (DRESSING ROOM) FOOD AND BEVERAGE FOR ENTERTAINERS ENTERT AINMENT/MUSIC . !'JI1ª-ÇçJ-~NEOU~_ --- - - - - --------- - Of; [IT' DF DELIA' IEA£H ~ DELRAY BEACH , lOll I ') " traztI 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 AII·America City , III I! MEMORANDUM 1993 2001 TO: David T. Harden, City Manager FROM: Robert A. Barcinski, Assistant City Manager DATE: June 1, 2005 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JUNE 7. 2005 APPROVAL RESOLUTION NO. 39-05 AND SPECIAL EVENT REQUEST 28TH ANNUAL ROOTS CULTURAL FESTIV AL WEEKEND. YOUTH BASKETBALL TOURNAMENT. AND ADULT BASKETBALL TOURNAMENT ACTION City Commission is requested to approve Resolution No. 39-05 supporting and endorsing the 28th Annual Roots cultural Festival weekend to be held August 12-14, 2005. Commission is also requested to grant a temporary use permit per LDR's Section 2.4.6 (H) for the use of the City facilities, rights of way and parking lots, to authorize staff support for security, traffic control, barricading, signage, and cleanup and trash removal and waive LDR's Section 4.6.7(C)(5)(a) and (9) to allow banners and flags to be hung and to allow event signs to be put up more than one week before the event. Commission is also requested to endorse the Youth Basketball Tournament to be held June 24-26 and the Adult Basketball Tournament to be held August 5-7 at Pompey Park, waive facility rental fees and authorize staff support for security. BACKGROUND Attached is a letter and event permit from Ms. Elizabeth Wesley, Executive Director Roots Cultural Festival, Inc., a City Resolution supporting and endorsing this year's events, staff support for traffic control, security, barricading and signage, permission to hang banners and flags, use of City Facilities, and a waiver to allow signage to be put up more than one week before the event. Estimated overtime costs for this year's weekend event are approximately $21,510 of which $17,310 is estimated for police overtime. In addition small stage rental costs are $532. This estimate also includes additional police overtime for the West Atlantic Task @ Pnnted on Recycled Paper THE EFFORT ALWAYS MATTERS qG AGENDA ITEM CITY COMMISSION MEETING JUNE 7, 2005 APPROV AL RESOLUTION NO. 39-05 AND SPECIAL EVENT REQUEST 28TH ANNUAL ROOTS CULTURAL FESTIVAL WEEKEND, YOUTH BASKETBALL TOURNAMENT, A.l\fD ADULT BASKETBALL TOURNA.M:ENT Page 2 of2 Force. The amount of this estimate is $6,045. Based on event policies and procedures the event sponsor would pay $7,180 with the West Atlantic Task Force costs and $5,065 with out them for the weekend. The estimated cost for the Youth Basketball Tournament is $2,550 with the event sponsor paying 5600 and the estimated cost for the Adult Basketball Tournament is $2,550 with the event sponsor paying $600. Cost estimates are based on the use of private security for various positions. The event sponsor is also requesting use of the County Parking Garage and surface lots and use of the City Hall Parking lots. The request includes permitting Roots to charge for parking. Based on my experience with the Delray Affair the County probably will not let the organization man their lots. The City could man them with our contractor and consider splitting the net profit with Roots. If allowed to charge for parking cars I estimate that this revenue source could generate an additional $3,000 to $5,000. This year, again the final weekend events will take place on the grounds at Old School Square and the CRA parking lot. The site set up is similar to the Garlic Festival. The Board has agreements with Old School Square and the CRA. The event sponsor will be responsible for event management, vendor approval, entertainment, banners and signs and fencing of the event site. A minimal fee will be charged for entry to the site with children being free. An event budget, schedule of events, and site plan is attached. RECOMMEDATION Staff recommends approval of Resolution No. 39-05, the temporary use permit for use of City facilities and rights of way, waive LDR's to allow signage to be put up no earlier than July 29t\ staff support for security, traffic control, barricading, signage, and clean up and trash removal for the final weekend August 12th_14th. Approval to be contingent on receipt of a hold harmless agreement, event insurance certificate, and liquor liability insurance certificate. Staff also recommends approval of staff support for security for the Youth Basketball Tournament and Adult Basketball Tournament and wavier of rental fee for City facilities. Rab/AGS Attachments RESOLUTION NO. 39-05 A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTIVAL, INC. IN THEIR SPONSORSHIP OF THE TWEN1Y-EIGHTH ANNUAL "ROOTS CULTURAL FESTIVAL" IN THE CI1Y OF DELRA Y BEACH, FLORIDA. WHEREAS, the Roots Cultural Festival, Inc., is sponsoring the Twenty-Eighth Annual Roots Cultural Festival in the City of Delray Beach from August 12th through August 14, 2005; and WHEREAS, the Roots Cultural Festival presents to the community, state, and nation a view of the rich cultural heritage of people of African ancestry in our city; and WHEREAS, this festival was originally conceived by the Jefferson Manor Homes AssocIation in an effort to bring people together to develop pride, respect, and appreciation for their community as well as the particular hentage which they bring to the city; and WHEREAS, the Roots Cultural Festival provides an opportunity for exciting experiences for all, reminiscent of the Bahamas, the West Indies, Haiti, and other countries from which people of African ancestry have come to Delray Beach; and WHEREAS, the activities of the festival are to promote math, language and communication development among our youth; to promote physical fitness through sports tournaments; to promote cultural enrichment and appreciation through exhibits, creative dance and dramatic presentations. NOW, THEREFORE, BE IT RESOLVED BY THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, AS FOlLOWS: Section 1. That the City Commission of the City of Delray Beach hereby supports the Roots Cultural Festival, Inc. in their sponsorship of the 28th Annual Roots Cultural Festival in the City of Delray Beach. Section 2. That the City Commission hereby recognizes the 28th Anniversary of the Roots Cultural Festival, and commends its sponsors and supporters for holding this significant cultural event in the City of Delray Beach. ---- PASSED AND ADOPTED in regular session on this the 7th day of June, 2005. MAYOR ATTEST: City Clerk 2 RES. NO. 39-05 A ROOTS CULTURAL FESTIVAL. INC. 400 West Atlantic Avenue, Suite 2A Delray Beach, Florida 33444 RECEIVE[ May 3, 2005 MAY 0 3 2005 1-\~6'0 I h.i'll The Honorable Jeff Perlman - Mayor CITY MANAGER City of Delray Beach 100 NW 1 at Avenue Delray Beach, FL 33444 Dear Mayor Perlman: We are excited to announce the celebration of the 28th Annual Roots Cultural Festival. Over the years, the Festival has grown in keeping with the needs and desires of the community. "Roots" has become a household word in South Florida and is synonymous with summer cultural enrichment. This multicultural event has received great support and encouragement from the City and we are tremendously grateful. This year's theme is "Umoja: Stand United". Indeed, we believe that it is the prevailing spirit of unity in our ability to come together and respect our cultural differences that has made Delray Beach a two time recipient of the All-America City designation. Despite challenges (that are certain to come when undertaking a monumental effort such as "Roots"), we will continue in our quest to improve the quality of life in beautiful Delray Beach. We are again requesting a Resolution from the City sanctioning the efforts of this cultural organization through the support of the various municipal departments such as the Police, Parks & Recreation, and others. The Roots Festival has become so ingrained in the cultural fabric of South Florida that it draws visitors from through out the country and the neighboring islands. Vacations and family reunions are frequently scheduled during the Roots Festival time. Attached, please find a copy of the support request list and the 2005 summer schedule. We invite you, the Commissioners, and the City staff to share in the activities which are planned from June 18, 2005 through August 14, 2005. We would especially appreciate your participation in the kick off celebration, heritage parade (followed by a VIP reception), the prayer breakfast and the festival on the square. Please contact me at (561) 278-1013 or (561) 274-0365 if your have any further questions. Sincerely I ~w!eY~ Executive Director ltas cc: Robert A. Barcinski Assistant City Manager City of Delray Beach !>~lR.:'\Y. Bp\,P,! tdtd Special Event Permit All-America City Application " II J! PLEASE PRINT 1993 2001 Event Approved/Denied Date of Approval/Denial Approved/Denied by Title 1. Event Name/Title: R CO ~ CU.J -\u-roJ CJ ýg o.l\\"LCL t\O tJ 2. Event Date(s): ()..t.lÇ) , \d- \Lt aoD5 Event Time(s): , ~ (( ~~I~l~5 _ó)\\~E) -~;~ ( g 1410'S a) F? (Y'\ - fY\ ) '/ 3. Event Sponsor/Producer: nC . 4. Event Contact/Coordinator: 5. Address: L\{X) W· ~-t-lOLý\ IC Ie... Ô. C1L (1--), S'?, y yi 6. Telephone Number: 5lD \Jà.î'\- -{)ò(j)S- Cellular Number: - 7. E-mail Address: . . 8. Event Description: H.}-..~fb:e.. I ~ +0 dkL>el)f ~ "".::>~~~ ðP ~l ~I -€-ci.~CQ\::\~OLl Q.x\oL r~(fUL*I~~1 ~+S ~!\lJ-.}- (U 11 t..Hl'J,Jel Pfb"tÎ'\ok cu 'f ~¡I\.))"\r e .e.< ..... e.o v"t\()'\~ (If neigh orhood block party, then please skip questions #10-35 to ''''Vu\v question #36) ,^ L-t.t.Uovo..k~io¡ 9. Sponsor Category: (please check) City 0 Non-Profit/Charitable;J Private 0 Ol.).ý h-lr+i.~ Co- Sponsor - Non-Profit/Private 0 10. (If Non-profit attach proof of ~~C(3), c(4), c(6), C(1~r c(19)) - 5"\ l\JoR..~ Event Location/Address: 0 ~c:h0c.J \ LA(l.JQ "S1jj, ÀtDY1 ~U-Lk.. v ./ Site plan attached: yes no (Site plan required for entire event site) 12. Event budget attached: yes no (Required for all events) V 13. Serving or selling alcoholic beverages: yes no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) 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) I 15. Playing of amplified music: yes no (Waiver required) / 16. Requesting Police assistance: yes no (Traffic control/security) 1 ~ odol \\ ro~~ to{\~ ~ \~{e./L . tCüt<LLM -50i -L{-5~-oq'J 5.01 - LO Üt ( - a:òYD cQlI· 17. Will supplement with private security: yes / no (If yes, need plan attached) ~ 18. Requesting Emergency Medical assistance: yes no 19. Requesting barricade assistance : yes V'/ no 20. Requesting trash removal/clean up assistance: yes 'j no 21. Requesting trash boxes and liners: yes no 22. Requesting stage use: yes \/ no (If yes, check type) ~ Large stage covered 0 Large stage no cover 0 7all stage Half small stage 0 23. Requesting signage : j yes / no Type: Event sign (4'x4') / Directional signs ...¡ . Banner hanging v Indicate dates required ~ We.. e. k ? P Y\0~ (Waiver required if more than one (1) week prior to ~t) 24. Food and beverage vendors: yes no If yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendor which is due no later than one week prior to the event &QpfD\ .. ::3 0 VendDý""':> / 25. Health Department approval: (see attached) yes ..// no 26. Other vendors: yes "'- no 27. Tents: yes ../ no (If yes, tent permits and fire inspections maybe neededl 28. Will the event include amusement rides? requiring state~rOVal? yes no (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 V no ¡ (Show on-site map) 30. Will there be fireworks or other pyrotechnics? yeSJ no (If yes, contact Fire Marshall) 31. Will there be cooking with compressed gas? yes no (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 7 will handle restroom needs) 33. Will there be a charge for the event? yes no (If yes, indicate ticket prices) / 34. Is reserved parking requested? yes no (If yes, indicate locations) 2 .. ,- 35. Nei hborhood Block Parties Nei hborhood block arties onl . 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 rights-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. ~£d-k~ -W;~ Date Eve COf!Irac~r,C~O-I~OJ ~ h¡ Please print: -zabe; Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Staff use:5'1 os-- Date Receive Application fee received $ Site map v Budget v' 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 Roots Cultural Festival FY 2005 Support List 1. Police security, where applicable 2. The City to allow the display of Roots flags 3. The City to waive fees for the use of facilities and staff for all activities scheduled at Pompey Park and other appropriate City facilities , 4. The City to provide Roots signage on Atlantic Avenue and all other appropdate sites from July 13th - August 14th 5. The City to allow Roots exclusive use of City Hall parking lots (Representative of Roots will be charging a parking fee with all proceeds going to Root~ Organization) 6. Request the use of County parking garage and parking lot for the August 12-14, 2005 event at Old School Square (Roots will be charging a parking fee with all proceeds going to the Roots Organization) "- ~ ~~ ---------------------¡ r \ I JL~ I ,~; I (! -~~-~-=-:-" II I 1 " ! " " ------, 1 d , I I , I I: ! \~ I , "I -----.J ci I , I --t: I I, , = ' ,1,1 I dii!l Dl ' 'II! " ~J ii '------ -~-_.- ~ ,¡ ------1----- :-j~-- ---- I -----c:::::-'------ri 1 ,7 ! rL19 /: II~ \ ' : · , I J b i G j , I ~ I 'I ! -. I , I z !I:J C " , ~ ! j . , I \ , ) I! I I ~ ~ ' , ! q ~ 'LJ 1 I I ~ ! In E .', I: t- ' 1 J I Xð ì"IQIQ{Ç ~ , , r : bC) n 0 ~ . ~ I: ~' , V\ I : ~ . ~-HH ' "'~ ~t I:Õ~ . [ li I ~ I ^, z C ~ ~I I ! , C, I ~ 3: ----Æ : ------¡: ~ >1 'I I , I TI ~ I , ~ ~ -I , I II, :' I " m' " " 1 ¡ ~ ,I l -----'0 ' I. ~=",~u~u~j .=-" --- -- ------- ~ "tI -- - lJJ€'~ï ---- _:I: _ ---- ~ ( ~,_t----- r\ - - - - -- - - . .. Roots Cultural Festival, Inc. Proposed Budget 2005. : Revenue ,Amount Basketball Tournament $ 22,000.00 Classical Series . n: r _i5~Oº0.ÕO Concessions : $ 6,0ºOß_0 Coronation/Dedication $ 500.00 Festival on the Square (Admission) $ 50,000.00 Golf Tournament $ 10,000.00 Grants - Foundations/Corporation $ 24,800.00 Grants - Government $ 30,000.00 Prayer Breakfast $ 1,000.00 Souvenir Booklet $ 3,000.00 Sponsorships $ 30,!)00.00 Tennis Tournament $ 10,000.00 T-Shirts $ 5,000.00 - -- ---- - - Vendor Space Rental $ 12,000.00 Total Projected Revenue $ 229,300.00 -~------ Roots Cultural Festival, Inc. Proposed Budget Expenses 2005 Amount Academic Component 6,000.00 Accounting Fees 4,000.00 Administrative Assistant ($10 per hr. @ 8 hrs. per day x 260 days) 20,800.00 Artist Fees 50,000.00 Auditing 5,000.00 Basketball Tournament 11,000.00 Classical Series 12,000.00 Concessions 1,000.00 Contingencies 1,000.00 Copies 1,000.00 Coronation/Dedication 1,000.00 Equipment Service & Repair 1600.00 Festival Application Fee 200.00 Golf Tournament 4,000.00 Heritage Parade 1,000.00 Insurance (Board & Festival) 3,200.00 Kuumba 1,000.00 Legal Fees 1,000.00 Logistics & Facility Layout 10,000.00 Marketing & Advertising 6,000.00 Office Supplies 2,000.00 Personnel - Program Coordinator 45,000.00 Postage/Direct Mail 500.00 Prayer Breakfast 800.00 Rental of Old School Square 3,000.00 Secu rity 10,000.00 Seminars 1,000.00 Sound (Indoor Activities) 1,000.00 Sound (Outdoor Activities) 6,000.00 Souvenir Booklet 2,500.00 Space Rental/Utilities (1211'10s. @$500) . n . 8,100.00 Telephone/FaxllnternetlWebsite Services (12mos. @ 175) 2,100.00 - - - - Tennis Tournament 4,000.00 T-Shirts 1,500.00 Vendor Space 500.00 VIP Reception 500.00 Total Expenses $ 229,300.00 In Kind Contributions of volunteers & services valued at approximately $30,000.00 are not reflected in the budget total. RQøts Çultu..caLFe~tixal PrQUl11;!1ª-fY Sc!1'J/ule 2~ Dates Events or Activity Place I~ Christ Missionary Baptist June ~ Kick Off "Dedication/Coronation" Church June 24,25,26 Youth Basketball Tournament Civic Center I TBA July 15,16,17 Tennis Tournament Delray Tennis Center Academic Olympics~ Opening Ceremony I St Paul Missionary Baptist July 24th Oratorical Contest Church July 25th Essay Contest / Spelling Bee Pompey Park Auditorium July 26th Geography Bee / Reading Bee Pompey Park Auditorium Math Contest / Black History Bee Acad. July 27th Olympics Closing Ceremony Pompey Park Auditorium July 30th A Gathering (Seminars) Pompey Park Auditorium Aug. 5,6, 7 Adult Basketball Tournament Pompey Park Civic Center A(.(q. 12.¥I'J Heritage Parade I Festival an the Square " ~ '- ~ '1 August 12th (Includes Youth on Parade) ~W'I\"''''' AJ 'ct~&lëI School Square August 13th Health Screening Pompey Park Prayer Breakfast Pompey Park Festival on the Square Old School Square August 14th Gospel on the Square Old School Square - ,b: -- ~~ t ;, ï ; '( \ t d~' R'1 I_.~~~~ ~ [IT' DF DELRAY IEA[H CITY ATTORNEY'S OFFICE 21)() '\W hI ~\\'F '\IT· DELRY\' BE·\CH FLORIDA ~~444 T¡, LEPH()~[ '6! :24;· -oiIC);; . P,C<';I\lILE 5611278·4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 F L () ¡.: I P ... tdtd All-America City , III I! DATE: MEMORANDUM May 31,2005 1993 TO: City Commission 2001 I David Harden, City Manager P--- '"- .J FROM: Brian Shutt, Assistant City Attorney SUBJECT: Construction ManaQer at Risk Documents Attached please find proposed purchasing guidelines, request for proposal form and contract form regarding construction manager at risk services for your review and comment. Our office, along with the Environmental Services Department reviewed Construction Manager at Risk documents from other jurisdictions in order to draft the attached documents. Malcolm Cunningham, Esq., the City's outside counsel, regarding construction issues and construction contracts, reviewed the documents and the attached forms incorporate the recommendations made by Mr. Cunningham. Our Office requests that this item be placed on the June 7, 2005 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Richard Hasko, Director of Environmental Services. 9\-\ - . . PURCHASING GUIDELINES FOR CONSTRUCTION MANAGER AT RISK All entities must submit 7 copies of a response to a RFP sent by the City requesting Construction Manager at Risk Services. All responses will be reviewed by an Evaluation Committee. Responses received after the specified time and date to receive the RFP package shall be returned unopened. Faxed responses will be rejected as non-responsive. All interpretation, clarification, correction, or change to any CM RFP will be made only by written supplement. Written instructions regarding discrepancies, omissions or unclear intents will be sent to all Proposer's who have received the RFP nom the City, corrections or changes made in any other manner will not be binding, and Proposers shall not rely upon such interpretations, corrections or changes. The City may request clarification on information submitted from one or more Proposers after the deadline for receipt of responses. Any response may be withdrawn until the date and time set above for the submission of the responses. Any Proposer who submits in its Proposal any information that is determined by the City, in its sole opinion, to be substantially inaccurate, misleading, exaggerated, or incorrect may be disqualified from consideration. Failure of any Proposer to comply with this RFP, may render the response non-responsive and ineligible from further consideration. The Construction Manager and its subcontractors of any tier regulated by the Florida Construction Industry Licensing Board or the Construction Industry Licensing Board of Palm Beach County shall be properly qualified and licensed/certified by the appropriate Board or Boards as required by Florida Statute Chapter 489 prior to the issuance of the Notice to Proceed. The Proposer is required to have an active State Contractors Certification or an active Palm Beach County Certificate of Competency at time of Proposal submittal. Any Proposal which is submitted by a contractor who is not properly licensed/certified at the time the Proposal is submitted, will be rejected as non-responsive. The Construction Manager, subcontractors of any tier, and specialty contractors must have a valid City occupational license, except where provisions ofF.S. 205.065 apply. As provided in Florida Statute 287.133(2){a) a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any - ~---~ public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. By entering into this contract or performing any work in furtherance hereof, the Construction Manager certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3) (a). The Proposer must be an equal employment opportunity employer. Each Proposer must complete, sign and furnish with its Proposal the statement titled "Statement of Participation in Contracts Subject to Nondiscrimination Clause", which is incorporated in the Proposal Certification Form attached thereto. Failure to complete this statement will be cause for rejection ofthe Proposal. Bonds and Insurance The Construction Manager shall provide Bid Security (Bid Bond) along with its proposal in the form provided in the Contract Documents and in the amount set forth in the Contract Documents. Within 5 days of establishment of Guaranteed Maximum Price and prior to construction, the successful Proposer shall furnish a Construction Payment and Performance Bonds in the Amount of 100% of the GMP Price. Such Construction Bonds shall incorporate by reference all of the terms and conditions of the Contract Documents, including but not limited to the Contractor and Surety's obligation for liquidated damages as well as Surety's acknowledgment regarding any and all provisions addressing or regarding "no damages for delay", as provided for in the General Conditions. The Surety Company, in addition to the above requirements, shall be currently listed with the United States Department of Treasury for an amount greater than the contract amount. The successful Proposer shall require the attorney-in-fact who executes the required bonds on behalf of the Surety to affix thereto a certified and current copy of his Power of Attorney, reflecting his/her authority as Power of Attorney in the State of Florida. The City shall be named as dual obligee on any of the Construction Manager's Subcontractor bonds. Insurance Requirements - The successful Proposer shall furnish to the City certificates of insurance evidencing the existence of current valid, and binding insurance policies for the limits and coverage in accordance with the requirements delineated in the General Conditions, where such insurance is to be provided by Construction Manager, or as otherwise modified within the Contract Documents, together with a declaration of deductible amounts applicable to each type of insurance provided, acceptable to the City. 2 Proposal Submittal Requirements Proposers must submit this required infonnation. Failure to submit and completely fill out any or all of the required fonns may result in the rejection of)he proposal. Related Experience: List the projects which best illustrate the experience of the finn and staff which will be assigned to this proiect. List no more than ten (10) projects, or projects which were completed no more than five (5) years ago. Provide a secondary list of all projects in Florida which exceed $5 Million in cost, started in the past 5 years. Provide the following infonnation for each project listed: 1. Name and location of the project. 2. The nature of the finn's responsibility on this project including project delivery method. 3. Provide the name, address, phone number, and e-mail address of an owner's representative and architect's representative who can be contacted to provide a reference. 4. Size of project (dollar value and square footage of project). 5. Construction cost (original GMP and final construction cost). 6. Present status of the project; Date project was completed or is anticipated to be completed. 7. Key professionals involved on listed project who would be assigned to this project. Pre-Construction Services Staff: Includes management, technical and support staff. Provide a project organizational chart. Give a brief resume of key persons to be assigned to the project including, but not limited to: 1. Name and title. 2. Current project assignments and percentage of time for each. 3. Percentage oftime to be assigned to this project. 4. How many years with this finn? Other finns? 5. Experience: Types of projects, size of projects (dollar value & square footage ofproject), and job assignment. 6. Education and Registrations. 7. Other experience and qualifications that are relevant to this project. 8. Office location. Construction Services Staff: Provide an organizational chart and resume of the on-site staff to be assigned to the project including, but not limited to: 1. Name and title. 2. Current project assignments and percentage of time for each. 3. Percentage of time to be assigned to this project. 4. How many years with this finn? Other finns? 3 5. Experience: Types of projects, size of projects (dollar value & square footage of project), and job assignment. 6. Education and Registrations. 7. Other experience and qualifications that are relevant to this project. Project Management Services: Describe the capabilities of your finn to provide the technical services required for: Design reviews, budget estimating, value engineering, constructability analysis, construction scheduling, quality control (design & construction), cost control, claims management, and project close-out. Location of Offices: Provide address of each office from which staff may be assigned to this project, and list total number of employees by job function. Claims and Litigation History List all claims, arbitrations, administrative hearings, lawsuits or criminal proceedings brought by or against finn during the last five (5) years. The list shall include the name of the project over which the dispute arose; and a description of the amount in dispute and the subject matter ofthe dispute. Selection Process 1. The purpose of the rating procedures is to equitably judge the responses to the Requests for Proposals. Each response will be scored and evaluated by the Selection Committee using the procedures outlined herein. 2. The selection process consists of two phases of evaluation and scoring. a. The Selection Committee will review and score each proposal. 3 top proposers will be short-listed and invited to interview with the Selection Committee. Proposers will be notified in writing if their finn has been qualified for Phase II of the evaluation and selection process. b. The second phase of the evaluation and selection will only be for the Proposers who are selected from the first phase of the evaluation. The shortlisted finn's interview will consist of a presentation to the Selection Committee followed by a question and answer period. 3. Each Category will be scored and when the scores awarded for all Categories are totaled, the scores will be tabulated and added to achieve the Total Points awarded to each finn. The Total Points awarded to each finn will be ranked 1,2,3,4, etc. with the highest point total ranked 1, the next highest points total ranked 2, etc. The ranking of each finn will 4 be tabulated ITom each Committee Member and combined with other Committee Members to detennine the total score for the firm. Scoring Criteria for Submittals - Phase I The Scoring Criteria is made up of the categories that collectively represent a Grand Total Point Value of 100 points, as described herein. The points indicated below as "Points Possible" are the maximum that can be allocated for each category. The point value shall be the basis of establishing a finalist list of the top ranking proposals. EVALUATION CATEGORIES POINTS POSSffiLE Related Experience 35 Pre-Construction Services Staff 25 Construction Services Staff 25 Location of Offices 15 GRAND TOTAL OF POINTS 100 POINTS 1. Related Building Experience 35 Points Possible Scoring Criteria Major consideration will be given to the successful completion of projects comparable in design, type, and scope, the recommendation of previous Owners and Architects, and other similar factors. 2. Pre-construction Services Staff 25 Points Possible Scoring Criteria Consideration will be given to the general and specified project related capability of the proposer's office staff including the adequate depth and abilities of the organization which it can draw upon as needed. This will include management, technical and support staff. 3. Construction Services Staff 25 Points Possible Scoring Criteria Evaluation of the ability and experience of the proposed construction services staff with specific attention to project related experience. 4. Location of Offices 15 Points Possible Scoring Criteria 5 Points will be awarded primarily for the closeness of the finn's office to the project site which will have direct responsibility for this project with adjustments for other offices involved with project. Scoring Criteria for Short-listed Proposers - Phase II The second phase shall consist of an interview/presentation by each finalist in an effort to further understand the proposals and qualification of the proposing finn. All finalists shall be considered in equal standing at the beginning of Phase II. Using the infonnation presented in the finn's written Proposal, finalists will be expected to address the following: 1. Qualifications of the Firm: The finn will be expected to demonstrate its experience with projects similar in size, scope and complexity with emphasis on the construction management process. The finn should share its experiences bringing innovative and creative input to past projects. 2. Proposed Project Staff and Functions: The finn shall name the actual Project Manager, Superintendent, and other key staff to be assigned to this project, describe their ability and experience and indicate the function of each within their organization and their proposed role on this project. The Project Manager and Superintendent shall be present at the time of the interview. 3. Comprehensive Project Management Services: The finn shall indicate knowledge and experience in the evaluation of building systems and construction techniques to create an optimum value in the design and budget requirements. The finn should demonstrate its plan for perfonning this project describing the services to be provided including its method to competitively bid the subcontracts and to establish a GMP and its cost reporting methods. 4. Knowledge of Local Conditions: The finn shall demonstrate its knowledge of the site, local codes and ordinances, local subcontractors, and local suppliers as an indication of its ability to control the work and deliver quality workmanship in an effective and timely manner. The Scoring Criteria is made up of the four (4) Categories that collectively represent a Total Point Value of 100 points. The total points for each Proposer will be the basis to detennine the Top Ranking Proposer. EVALUATION CATEGORIES POINTS POSSffiLE Qualifications of the Finn 40 Proposed Project Staff and Functions 25 Comprehensive Project Management Services 15 Knowledge of Local Conditions 20 6 · GRAND TOTAL OF POINTS 100 POINTS Qualifications of the Firm 40 Points Possible The firm's experience in similar projects utilizing the Construction Management process and other successful related CM projects will be scored. Recommendations from previous Owners and Architects will be evaluated. Litigation history will be considered. Proposed Project Staff and Functions 25 Points Possible The Project Management team's experience with similar projects and with public projects, and Construction Management experience. Recommendations from previous Owners and Architects will be evaluated. Comprehensive Project Management Services 15 Points Possible The ability and history of the firm and its staff to deliver projects using effective management tools and techniques will be evaluated. The firm's scheduling system and cost control system will be evaluated including methods for assuring subcontractors adherence to schedule. A comparison of the finn's project profile should indicate their ability to hold to original schedules and budgets. The firm's approach to establishing a Guaranteed Maximum Price along with methods of Cost Control and Reporting Systems used will be scored. The finn should offer an assessment of the established budget for construction. Knowledge of Local Conditions 20 Points Possible The finns should demonstrate their knowledge of the local construction environment as an indication of their ability to deliver a quality product in an effective and timely manner. Award of Contract The Selection Committee will make a recommendation to the City Commission for the award of the contract. The City will conduct negotiations with the highest ranked Proposer to detennine the fee and final tenns and conditions of the contract. However, if no agreement is reached with the top ranked Proposer, negotiations will be tenninated with the top ranked Proposer and the City will move to the second ranked Proposer to attempt to reach agreement. If no agreement can be reached with the second ranked Proposer, the City will move to the third ranked Proposer. 7 ... . REQUEST FOR PROPOSAL (RFP) PROJECT NAME PROJECT NO. FOR CONSTRUCTION MANAGEMENT (CM) AT RISK SERVICES - TABLE OF CONTENTS TO THE REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGER (CM) AT RISK SERVICES NOTICE REQUEST FOR PROPOSAL CONTRACT GENERAL CONDITIONS SPECIAL CONDITIONS ----- NOTICE PROJECT NAME PROJECT NO. REQUEST FOR PROPOSALS Sealed proposals for Construction Management at Risk Services for the City of Delray Beach will be received by the City of Delray Beach, Florida at the office of the Purchasing Manager, 100 N.W. 151 Avenue, Delray Beach, Florida 33444, until 2:00 PM ON I I 200 . Any RFP received after the designated closing time, whether by mail or otherwise, will be returned unopened. The time of receipt shall be determined by the Purchasing Department receiving clock located in the Finance office. The proposers will be submitting proposals to provide Construction Management at Risk Services with a Guaranteed Maximum Price. The work consists of The estimated construction cost is $ Selection of finalists for interviews will be made on the basis of construction manager qualifications, including experience and ability as detailed in the RFP. At the time of proposal submission, respondent must be properly certified and licensed in the State of Florida and/or Palm Beach County, as applicable, for the purpose of performing the specified work. All RFP's shall be submitted with an original and seven (7) copies in sealed envelopes/packages addressed to the Purchasing Manager of Delray Beach, Florida, and marked "SEALED PROPOSAL FOR ." Vendors desiring specifications for use in preparing proposals may obtain a set of such documents from the Purchasing Manager, 100 N.W. First Avenue, Delray Beach, Florida 33444, Telephone (561) 243-7163. The City reserves the right to accept or reject any and all proposals and to waive any technicalities or irregularities therein. The City further reserves the right to award the contract to that Vendor whose proposal best complies with the specifications and is most advantageous to the City, as determined by the City, in its sole discretion. No Vendor may withdraw their proposal for a period of sixty (60) days from the date set for the opening thereof. Jacklyn Rooney Purchasing Manager Dated: Published: Palm Beach Post 3 REQUEST FOR PROPOSALS CONSTRUCTION MANAGEMENT AT RISK SERVICES PROJECT NAME PROJECT NO. INTRODUCTION The Project consists of . The construction budget is $ . The City is soliciting Proposals ("Responses") for Construction Management services for the insert Droiect name here The selected Construction Management firm will function as a General Contractor responsible for publicly bidding trade contracts, scheduling and coordination, and the successful, timely, and economical completion of the Project. The selected Construction Manager (CM) will provide preconstruction and construction services and will be responsible for constructing the facility pursuant to a guaranteed contract price. A. INSTRUCTIONS TO PROPOSERS 1. Firms desiring to provide services, as described herein, shall submit their response to this RFP in a sealed envelope with one original (clearly marked) and seven (7) copies (a total of 8 copies). Responses must be received no later than 2:00 p.m., local time, , to the attention of: Purchasin~ Manager 100 NW 18 Avenue Delray Beach, FL 33444 2. Proposers must indicate on their response envelope the following: Project Name Project No. Date of Submittal - Name of Proposer Return Address of Proposer 3. The time and date for receipt of responses will be scrupulously observed. The proposer shall assume full responsibility for timely delivery at the location designated for receipt of responses. 4. All responses will be opened and reviewed at a later date by the Selection 4 Committee. Responses received after the specified time and date shall be returned unopened. 5. Respondents are instructed not to fax their response. Faxed responses will be rejected as non-responsive. 6. Questions concerning this Request for Proposal must be directed in writing no later than 4:00 P.M. , to via fax or mail. 7. No oral interpretation of this RFP shall be considered binding. The City will be bound by information and statements only when such statements are written and executed under the authority of the City. Any interpretation, clarification, correction, or change to this RFP will be made only by Supplement. Written instructions regarding discrepancies, omissions or unclear intents will be sent to all Proposers who has listed their name with the City. Interpretations, corrections or changes made in any other manner will not be binding, and Proposers shall not rely upon such interpretations, corrections or changes. 8. Prior to submission of it's Proposal, each Proposer shall ascertain that it has received all Supplements issued. The Proposer shall acknowledge receipt of all Supplements by completing the acknowledgment space provided on the Proposal Certification Form. B. TERMS AND CONDITIONS 1. Rejection of Proposals - The City reserves the right to reject any and all Proposals, and/or to re-advertise, to waive any irregularities, informalities or technicalities therein, to negotiate Contract terms with the successful Proposer, to disregard all non-conforming, non-responsive, unbalanced or conditional Proposals, or to accept any Proposal which in the City's sole judgment will best serve the public interest. The City reserves the right to cancel the award of any Contract at any time before the execution of said Contract by all parties without any liability against the City. In consideration of the City's evaluation of submitted Proposals, the Proposer, by submitting its Proposal, expressly waives any claim to damages, of any kind whatsoever, in the event the City exercises its rights provided for in this subsection. 2. The City reserves the right to request clarification on information submitted from one or more respondents after the deadline for receipt of responses. 3. Any response may be withdrawn until the date and time set above for the submission of the responses. 4. Costs of preparation of a response to the RFP are solely those of the Proposer and the City assumes no responsibility for any such costs incurred by the Proposer. 5. The Proposer understands that the RFP does not constitute an agreement or 5 contract with the Proposer, and no contract rights or remedies shall be deemed to have accrued to Proposer herewith. 6. Any Proposer who submits in its Proposal any information that is determined by the City, in its sole opinion, to be substantiatly inaccurate, misleading, exaggerated, or incorrect may be disqualified from consideration. 7. Failure of any Proposer to comply with this RFP, may render the response non- responsive and ineligible from further consideration. 8. The Proposer warrants that it has not employed or retained any company or person, to solicit or secure this Contract where the Proposer has agreed to pay a fee, commission, percentage, gift or other consideration contingent upon or resulting from the award of this Contract. 9. The Construction Manager and its subcontractors of any tier regulated by the Florida Construction Industry Licensing Board or the Construction Industry Licensing Board of Palm Beach County shall be properly qualified and licensed/certified by the appropriate Board or Boards as required by Florida Statute Chapter 489, prior to the issuance of the Notice to Proceed. The Proposer is required to have an active State Contractors Certification or an active Palm Beach County Certificate of Competency at time of Proposal submittal. Any Proposal which is submitted by a contractor who is not properly licensed/certified at the time the Proposal is submitted, will be rejected as non-responsive. 10. The Construction Manager, subcontractors of any tier, and specialty contractors must have a valid City occupational license, except where provisions of F.S. 205.065 apply. 11. Each Proposer by making his/her proposal represents that: a. As provided in Florida Statute 287.133(2)(a) a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess ofthe threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By entering into this contract or performing any work in furtherance hereof, the Construction Manager certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services 6 within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3) (a). b. The Proposer must be an equal employment opportunity employer. c. The Proposer does hereby declare that it is the only person or persons interested in said Proposal; that it is a genuine Proposal not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; that it is made without any connection with any person submitting another Proposal for the same Contract; that this Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; that the Proposal is in all respects fair and without collusion, fraud, or mental reservations; that no official of the County or any person in the employ of the County is directly or indirectly interested in said Proposal or in the supplies of Work to which it relates, or in any portion of the profits thereof; and that Respondent has not sought by collusion to obtain for itself any advantage over any other Proposer or over the City. 12. Bond and Insurance Requirements a. The Proposer shall provide bid security along with its proposal in the amount of $ , pledging that the Proposer shall enter into a Contract with the Owner on the terms stated on the proposal form and will furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Within 5 days of establishment of Guaranteed Maximum Price and prior to construction, the successful Proposer shall furnish to the City, on forms provided by the City the following: 1. Payment and Performance Bonds in the Amount of 100% of the GMP Price. 2. Form of Guarantee Such Payment and Performance Bonds shall incorporate by reference all of the terms and conditions of the Contract Documents, including but not limited to the Contractor and Surety's obligation for liquidated damages as well as Surety's acknowledgment regarding any and all provisions addressing or regarding "no damages for delay", as provided for in the General Conditions. b. The Surety Company, in addition to the above requirements, shall be currently listed with the United States Department of Treasury for an amount 7 greater than the contract amount. c. The successful Proposer shall require the attorney-in-fact who executes the required bonds on behalf of the Surety to affix thereto a certified and current copy of his Power of Attorney, reflecting his/her authority as Power of Attorney in the State of Florida. d. If Construction Manager obtains bonds from any Subcontractor, the City shall be named as a dual obligee. e. Insurance Requirements - The successful Proposer shall furnish to the City certificates of insurance evidencing the existence of current valid, and binding insurance policies for the limits and coverage in accordance with the requirements delineated in the General Conditions, where such insurance is to be provided by Construction Manager, or as otherwise modified within the Contract Documents, together with 'a declaration of deductible amounts applicable to each type of insurance provided, acceptable to the City. C. PROPOSAL SUBMITTAL REQUIREMENTS 1. The contents of the proposal submitted by the successful Proposer will become part of the contractual obligations. 2. It shall be understood that it is the intent of the City to insist that those indicated as a part of the CM's team actually execute the project. 3. Proposers must submit this required information. Failure to submit and completely fill out any or all of the required forms may result in the rejection of the proposal. a. Bid security (bid bond) in the amount of the potential construction cost of $ , pledging that the Proposer shall enter into a Contract with the Owner on the terms stated on the bid form and will furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Should the bidder refuse to enter into such a Contract or fail to furnish such bonds, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty. The surety company furnishing said bid security shall be currently listed with the United States Treasury for an amount greater than $ 1. The U.S. Treasury Department approved bonding companies, to be acceptable to Owner, will be limited in bonding ability to the current U.S. Treasury Department standing for net limit on anyone risk. All Bonding Companies shall issue bonds on the Owner's standard document provided in the Bid Documents. Bid Bonds issued on any form other than those provided herein will be not be acceptable. No bids will be considered unless accompanied by the required bid security. 8 2. The attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of the power of attorney. 4. The Owner wUl have the right to retain the bid security of Bidders to whom an award is being considered until either (a) the Contract has been executed and the bonds have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn, or (c) all Bids have been rejected. 5. Bid securities will be returned to unsuccessful Bidders within fifteen (15) days following the selection of successful proposer and that of the successful proposer upon the execution of the Contract for GMP. a. Proposal Certification Form (see Paragraph I). b. Related Experience: List the projects which best illustrate the experience of the firm and staff which will be assianed to this project. List no more than ten (10) projects, or projects which were completed no more than five (5) years ago. Provide a secondary list of all projects in Florida which exceed $5 Million in cost, started in the past 5 years. Provide the following information for each project listed: 1. Name and location of the project. 2. The nature of the firm's responsibility on this project including project delivery method. 3. Provide the name, address, phone number, and e-mail address of an owner's representative and architect's representative who can be contacted to provide a reference. 4. Size of project (dollar value and square footage of project). 5. Construction cost (original GMP and final construction cost). 6. Present status of the project; Date project was completed or is anticipated to be completed. 7. Key professionals involved on listed project who would be assigned to this project. d. Pre-Construction Services Staff: I ncludes management, technical and support staff. Provide a project organizational chart. Give a brief resume of key persons to be assigned to the project including, but not limited to: 1. Name and title. 2. Current project assignments and percentage of time for each. 3. Percentage of time to be assigned to this project. 4. How many years with this firm? Other firms? 5. Experience: Types of projects, size of projects (dollar value & square footage of project), and job assignment. 6. Education and Registrations. 9 7. Other experience and qualifications that are relevant to this project. 8. Office location. e. Construction Services Staff: Provide an organizational chart and resume of the on-site staff to be assigned to the project including, but not limited to: 1. Name and title. 2. Current project assignments and percentage of time for each. 3. Percentage of time to be assigned to this project. 4. How many years with this firm? Other firms? 5. Experience: Types of projects, size of projects (dollar value & square footage of project), and job assignment. 6. Education and Registrations. 7. Other experience and qualifications that are relevant to this project. f. Project Management Services: a. Describe the capabilities of your firm to provide the technical services required for: Design reviews, budget estimating, value engineering, constructability analysis, construction scheduling, quality control (design & construction), cost control, claims management, and project close-out. g. Location of Offices: 1. Provide address of each office from which staff may be assigned to this project, and list total number of employees by job function. h. Claims and Litigation History 1. List all claims, arbitrations, administrative hearings, lawsuits or criminal proceedings brought by or against firm during the last five (5) years. The list shall include the name of the project over which the dispute arose; and a description of the amount in dispute and the subject matter of the dispute, the caption and case number of the claim, arbitration, administrative hearing, lawsuit or criminal proceeding and the court in which the matter was brought. D. SELECT/ON PROCESS 1. The purpose of the rating procedures is to equitably judge the responses to the Requests for Proposals. Each response will be scored and evaluated by the Selection Committee using the procedures outlined herein. 2. The selection process consists of two phases of evaluation and scoring. 10 a. The Selection Committee will review and score each proposal. 3 top proposers will be short-listed and invited to interview with the Selection Committee. Proposers will be notified in writing if their firm has been qualified for Phase It of the evaluation and selection process. b. The second phase of the evaluation and selection will only be for the Proposers who are selected from the first phase of the evaluation. The short-listed firm's interview will consist of a presentation to the Selection Committee followed by a question and answer period. 3. Each category will be scored and when the scores awarded for all categories are totaled, the scores will be tabulated and added to achieve the Total Points awarded to each firm. The Total Points awarded to each firm will be ranked 1.2,3.4. etc. with the highest point total ranked 1, the next highest points total ranked 2, etc. The ranking of each firm will be tabulated from each Committee Member and combined with other Committee Members to determine the total score for the firm. E. SCORING CRITERIA FOR SUBMITTALS - PHASE 1 (SHORT LIST PROCESS) The Scoring Criteria is made up of the categories that collectively represent a Grand Total Point Value of 100 points, as described herein. The points indicated below as "Points Possible" are the maximum that can be allocated for each category. The point value shall be the basis of establishing a finalist list of the top ranking proposals. EV ALUA TION CATEGORIES POINTS POSSIBLE 1. Related Experience 35 2. Pre-Construction Services Staff 25 3. Construction Services Staff 25 4. Location of Offices 15 GRAND TOTAL OF POINTS 100 POINTS 1. CATEGORY 1 Related Building Experience 35 Points Possible Scoring Criteria Major consideration will be given to the successful completion of projects comparable in design, type, and scope, the recommendation of previous Owners and Architects, and other similar factors. 2. CATEGORY 2 Pre-construction Services Staff 25 Points Possible Scoring Criteria 11 Consideration will be given to the general and specified project related capability of the proposer's office staff including the adequate depth and abilities of the organization which it can draw upon as needed. This will include management, technical and support staff. 3. CATEGORY 3 Construction Services Staff 25 Points Possible Scoring Criteria Evaluation of the ability and experience of the proposed construction services staff with specific attention to project related experience. 4. CATEGORY 4 Location of Offices 15 Points Possible Scoring Criteria Points will be awarded primarily for the closeness of the firm's office to the project site which will have direct responsibility for this project with adjustments for other offices involved with project. F. SCORING CRITERIA FOR SHORT LISTED PROPOSERS - PHASE 2 (FINAL SELECTION) The second phase shall consist of an interview/presentation by each finalist in an effort to further understand the proposals and qualification ofthe proposing firm. All finalists shall be considered in equal standing at the beginning of Phase II. Using the information presented in the firm's written Proposal, finalists will be expected to address the following: 1. Qualifications of the Firm: The firm will be expected to demonstrate it's experience with projects similar in size, scope and complexity with emphasis on the construction management process. The firm should share its experiences bringing innovative and creative input to past projects. 2. Proposed Project Staff and Functions: The firm shall name the actual Project Manager, Superintendent, and other key staff to be assigned to this project, describe their ability and experience and indicate the function of each within their organization and their proposed role on this project. The Project Manager and Superintendent shall be present at the time of the interview. 3. Comprehensive Project Management Services: The firm shall indicate knowledge and experience in the evaluation of building systems and construction techniques to create an optimum value in the design and budget requirements. The firm should demonstrate its plan for performing this project describing the services to be 12 provided including its method to competitively bid the subcontracts and to establish a GMP and its cost reporting methods. 4. Knowledge of Local Conditions: The firm shall demonstrate its knowledge of the site, local codes and ordinances, local subcontractors, and local suppliers as an indication of its ability to control the work and deliver quality workmanship in an effective and timely manner. The Scoring Criteria is made up of the four (4) Categories that collectively represent a Total Point Value of 100 points. The total points for each Proposer will be the basis to determine the Top Ranking Proposer. EVALUATION CATEGORIES POINTS POSSIBLE 1. Qualifications of the Firm 40 2. Proposed Project Staff and Functions 25 3. Comprehensive Project Management Services 15 4. Knowledge of Local Conditions 20 GRAND TOTAL OF POINTS 100 POINTS SCORING CRITERIA a. CATEGORY 1 - Qualifications of the Firm 40 Points Possible The firm's experience in similar projects utilizing the Construction Management process and other successful related CM projects will be scored. Recommendations from previous Owners and Architects will be evaluated. Litigation history will be considered. b. CATEGORY 2 - Proposed Project Staff and Functions 25 Points Possible The Project Management team's experience with similar projects and with public projects, and Construction Management experience. Recommendations from previous Owners and Architects will be evaluated. c. CATEGORY 3 - Comprehensive Project Management Services 15 Points Possible The ability and history of the firm and it's staff to deliver projects using effective management tools and techniques will be evaluated. The firm's scheduling system and cost control system will be evaluated including methods for assuring subcontractors adherence to schedule. A 13 ------- comparison of the firm's project profile should indicate their ability to hold to original schedules and budgets. The firm's approach to establishing a Guaranteed Maximum Price along with methods of Cost Control and Reporting Systems used wUl be scored. The firm should offer an assessment of the established budget for construction. d. CATEGORY 4 - Knowledge of Local Conditions 20 Points Possible The firms should demonstrate their knowledge of the local construction environment as an indication of their ability to deliver a quality product in an effective and timely manner. G. AWARD OF CONTRACT Selection Committee will make a recommendation to the city Commission for the award of the contract. The City will conduct negotiations with the highest ranked Proposer to determine the fee and final terms and conditions of the contract. However, if no agreement is reached with the top ranked Proposer, negotiations will be terminated with the top ranked Proposer and the City will move to the second ranked Proposer to attempt to reach agreement. If no agreement can be reached with the second ranked Proposer, the City will move to the third ranked Proposer. H. TIME Time is of the essence in all contract documents. The successful Proposer, shall enter into a Contract with the City, shall commence the work to be performed under the Contract on the date set by the City in the written notice to proceed, and shall continue the work with due diligence. I. REQUIRED FORMS Proposal Certification Form 14 ------ . . BID SECURITY FORM STATE OF FLORIDA ) COUNTY OF PALM BEACH ) SS KNOWN ALL MEN BY THESE PRESENTS, that we, (hereinafter called "Principal") and , a corporation charged and doing business under the law of the State of and authorized under the laws of the State of Florida and approved by the U.S. Treasury Department to act as surety on bonds, as "Surety" (hereinafter called "Surety") are held an firmly bound into The City of Delray Beach, Florida, a body corporate (hereinafter called the "Owner"), in the sum of: Written Amount: Dollars Figures: $ Lawful money of the United States of America, to be paid to The City of Delray Beach, Florida, for which payment well and truly made, we bind ourselves, our successors, and several respective heirs, executors, administrators, and assigns, jointly and severally, firmly by these presents: WHEREAS, the above bounden "Principal" contemplates submitting or has submitted a proposal to the said "Owner" for furnishing all necessary labor, materials, equipment, machinery, tools, apparatus, and means of transportation for the construction of: WHEREAS, it was a condition precedent to the submission of said bid that a certified check or bid bond in the amount of five percent (5%) of the base bid be submitted with said bid as a guarantee that the bidder would, if awarded the contract, enter into a written contract with The City of Delray Beach, Florida, and furnish a contract surety bond, issued by a surety company approved by the U.S. Treasury Department, licensed to do business in Florida, and executed and signed by a resident agent having an office in Florida, representing such Surety company, in an amount equal to one hundred percent (100%) of the Contract price for the performance of said contract within ten (10) Consecutive calendar days after written notice having been given of the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the proposal of the "Principal" herein be accepted and said "Principal" within ten (10) " consecutive calendar days after written notice being give of such acceptance, enter into a written contract with the said "Owner" and furnish a contract Surety bond in an amount equal to one hundred percent (100%) of the contract price, satisfactory to the said "Owner," then this obligation shall be void; otherwise, the sum herein stated shall be due and payable to The City of Delray Beach, Florida, and the "Surety" herein agrees to pay said sum immediately upon demand of The City of Delray Beach, Florida, in good and lawful money of the United States of America, as liquidated damages for failure thereof of the said "Principal." IN WITNESS WHEREOF, the said as "Principal" herein, has caused these presents to be signed in its name by its , and attested by its , under its corporate seal, and the said as "Surety" herein, has caused these presents to be signed in its name by its , and attested to by its , under its corporate seal, this _ day of , AD., 20_" Attest: Construction Manager: By: (Title) (Title) Attest: Surety: By: (Title) (Title) USE THIS FORM (NO OTHER FORM WILL BE ACCEPTABLE) PROPOSAL CERTIFICATION FORM PROJECT NAME PROJECT NO. DATE: I hereby certify that I am submitting my company's proposal and understand that by virtue of executing and returning with this proposal this Proposal Certification Form, I certify that all information is correct and I understand the contents and accept the conditions of the Request for Proposal and this Proposal Certification Form. Acknowledgment of Supplements: It is agreed that proposer has received and understands all supplements issued by the City. The Proposer acknowledges receipt of supplement as follows: Supplement # dated Supplement# dated Supplement # dated Supplement# dated PROPOSER (firm name): (address of firm): Telephone No. of contact person Contractors License No. PRINT NAME OF AUTHORIZED REPRESENTATIVE: SIGNATURE OF AUTHORIZED REPRESENTATIVE: TITLE: DATE: CONSTRUCTION MANAGER AT RISK SERVICES THIS CONTRACT, made and entered into , between the CITY OF DELRA Y BEACH, a Florida municipal corporation, hereinafter referred to as "Owner" and , hereinafter referred to as the "Construction Manager". WITNESSETH: That the said Construction Manager having been awarded the contract for the: PROJECT NAME PROJECT NO. hereinafter referred to as "Project" and in accordance with the Construction Manager's Proposal therefore and for and in consideration of the promises and of the covenants and agreements, and of the payments herein specified, to be made and performed by the Construction Manager and the Owner, the Construction Manager hereby covenants and agrees to and with the Owner to undertake and execute all of the said named work, in a good, substantial and workmanlike manner, and to furnish and pay for all materials, labor, supervision, equipment, supplies, fees, expertise, and services necessary to fully complete all work in accordance with all requirements of the Contract Documents and in accordance with all applicable codes and governing regulations ARTICLE 1 - The Construction Team and Extent of Aareement 1.1 The Construction Manager agrees to furnish its best skill and judgment and to cooperate with the Architect/Engineer in furthering the interests of the Owner. The Construction Manager agrees to furnish efficient business administration and superintendence and to use its best efforts to complete the Project in an expeditious and economical manner consistent with the interests of the Owner. 1.2 The Construction Team: The Construction Manager, the Owner, and the Architect/Engineer (the "Construction Team") will cooperate together through construction completion. The Construction Manager shall provide leadership to the Construction Team on all matters relating to construction. The Architect/Engineer will provide leadership to the Construction Team on all matters relating to design. Nothing herein is intended to make the Owner liable for the acts or deeds of the Construction Manager. 1.3 Extent of Aareement: This Agreement is complementary to the Conditions of the Contract, and together with them, represents the entire agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements. What is called for by anyone shall be as binding as if called for by all. Where this Agreement is expressly in conflict with the Conditions of the Contract, the most stringent requirement to the Construction Manager shall control. Where this Agreement is silent, the Conditions of the Contract, and the requirements of the Drawings and Specifications (to be furnished later) will prevail. This Agreement may be amended only by written instrument signed by the Owner and the Construction Manager. 1.4 Terms used in the Contract shall have the following meanings: .1 "Construction Team" means Owner, Architect/Engineer and Construction Manager. .2 "Consultant" means the Architect/Engineer, and the terms will be used interchangeably; .3 "Contractor" means Construction Manager, and the terms will be used interchangeably; .4 "Contract Sum" means Guaranteed Maximum Price, and the terms will be used interchangeably. .5 "Owner" means the City of Delray Beach, and the terms will be used interchangeably; .6 "Su bcontractor" means Trade Contractor, and the terms will be used interchangeably; and, .7 "Work" means the totality of the obligations, including construction and other services, imposed on the Construction Manager by the Agreement, whether completed or partially completed and including labor, materials, equipment and services provided or to be provided by the Construction Manager to fulfill the Construction Manager's obligations. The Work may constitute the whole or a part of the project. ARTICLE 2 - Construction Manaaer's Basic Services 2.0 The Construction Manager's Basic Services under this Agreement include preconstruction phase services and construction phase services. 2.1 The Preconstruction Phase. It is the intent of the Owner to engage the Construction Manager as an active participant in the design process working with the Owner and Architect/Engineer in maintaining the project budget and project scope. The Construction Manager shall: 2.1.1 Provide preconstruction deliverables consisting of 7 copies of reports at Schematic Design, 100% Design Development, 50% Construction Documents, and 100% Construction Documents together with a Guaranteed Maximum Price proposal. The reports shall include a complete discussion and summary of the services provided in accordance with Subparagraphs 2.1.2 through 2.1.8 herein below, including the schedule and a detailed cost estimate. 2.1.2 Review designs during their development. Proactively advise the Architect with regard to the most effective approach for designing the project regarding issues of on site use and improvements, selection of materials, building systems and equipment. Provide recommendations on relative feasibility of construction methods, compliance with applicable laws, codes, design standards, and ordinance, availability of materials and ----- labor, time requirements for procurement, installation and construction and factors related to cost including, but not limited to, costs of alternative designs or materials, preliminary budgets and possible economies, while maintaining the Owner's design objectives. 2.1.3 Provide, for the Architect/Engineer's and the Owner's review, a Project Schedule that coordinates and integrates the Construction Manager's services, the Architect/Engineer's services and the Owner's responsibilities with anticipated construction schedules. The Construction Manager shall update this schedule periodically, as required. By providing these schedules to the Architect/Engineer and Owner, the Architect/Engineer and the Owner do not in any way acknowledge or consent that the schedules are acceptable or reasonable, but they are simply reviewing same for their own informational purposes. 2.1.4 Prepare for the Owner's approval a detailed estimate of Construction Cost, as defined in Article 8 herein, developed by using estimating techniques which anticipate the various elements of the Project, and based on design documents prepared by the Architect/Engineer. Update and refine this estimate periodically as the Architect/Engineer prepares Construction Documents. Advise the Owner and the Architect/Engineer if it appears that the Construction Cost may exceed the Project budget. Make recommendations for corrective action. 2.1.5 Coordinate Construction Documents by consulting with the Owner and the Architect/Engineer regarding Drawings and Specifications as they are being prepared, and recommending alternative solutions whenever design details affect construction feasibility, cost or schedules. 2.1.6 The Construction Manager agrees that time is of the essence in maintaining the project schedule. In an effort to achieve the project schedule, the Architect/Engineer will rely upon the input and recommendations of the Construction Manager in preparing the project documents, recognizing that cost is one of a number of issues which will influence the selection of building components and systems. 2.1.7 It is incumbent upon the Construction Manager to advise the Architect/Engineer of recommended building components and systems before the design professionals have comprehensively documented the materials, systems and equipment within the project. 2.1.8 Advise on the separation of the Project into contracts for various categories of Work. If separate contracts are to be awarded by the Owner, review the Drawings and Specifications and make recommendations as required to provide that (1) the Work of the separate contractors is coordinated with that of the Trade Contractors, (2) all requirements for the Project have been assigned to the appropriate separate contract, (3) the likelihood of jurisdictional disputes has been minimized, and (4) proper coordination has been provided for phased construction. 2.1.9 Develop a Project Construction Schedule providing for all major elements such as phasing of construction and times of commencement and completion required of each Trade Contractor. Provide the Project Construction Schedule for each set of bidding documents. Develop a plan for the phasing of construction. 2.1.9.1 Establish a schedule for the purchase of materials and equipment requiring long lead time procurement, and coordinate the schedule with the early preparation of portions of the Contract Documents by the Architect/Engineer. Expedite and coordinate delivery of these purchases. 2.1.10 Provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical phases. Develop bidding packages designed to minimize adverse effects of labor shortages. 2.1.11 Develop procedures which are acceptable to the Owner for the prequalification of Trade Contractors. Develop Trade Contractor interest in the Project and publicly advertise and conduct pre-bid conferences with interested bidders to review the documents. Take competitive bids on the Work of the various Trade Contractors or, if authorized by the Owner in writing, negotiate for the performance of that Work. The Construction Manager may require bidders to submit bid bonds or other bid security acceptable to the Construction Manager as a prerequisite to bidding on the Work. Analyze and evaluate the results of the various bids and their relationship to budgeted and estimated amounts, and prepare for review with the Owner and Architect/Engineer a bid tabulation analysis and such other support data as necessary to properly compare the various bids and their responsiveness to the desired scope of Work. Specifically, review the scope of Work in detail with apparent low responsive bidders to determine that their bids are complete but do not include duplicate scope items. Maintain records of all pre-award interviews with apparent low bidders. 2.1.12 Attend periodic meetings of the Project Team. 2.1.13 Based upon Drawings and Specifications produced by the Architect/Engineer, develop Guaranteed Maximum Price (GMP) Proposal(s), including, a Project Construction Schedule, itemized by Trade Contract, for phases of Work as required by the Owner. Ifthe documents as prepared by the Architect/Engineer are not adequate for the development of a Guaranteed Maximum Price, the Construction Manager shall notify the Owner immediately, prior to developing the GMP. All assumptions made by the Construction Manager in the development of the GMP shall be specifically listed in the GMP proposals, and the GMP will not be adjusted due to assumptions made by the Construction Manager, but not included in the GMP Proposal. 2.1.13.1 If the GMP Proposal is accepted, in writing, by the Owner, it will become an Amendment to this Agreement which will establish the GMP, Contract Time, and liquidated damages for that phase of the Work. A Construction Bond and Form of Guarantee on the Owner's standard forms and Builder's Risk Insurance Policy shall be provided by the Construction Manager simultaneously with the GMP Amendment. 2.1.13.2 If the GMP proposal is not accepted by the Owner, the Owner shall so notify the Construction Manager in writing. The Construction Manager shall then recommend adjustments to the Work through value engineering. The Construction Team and Owner will discuss and negotiate these recommendations for no more than 14 calendar days, unless an extension is granted in writing by the Owner. If an acceptable GMP is not developed, negotiations may be terminated, and the Owner may initiate negotiations with another Construction Manager or separately bid the project. 2.1.14 The Construction Manager's personnel to be assigned during the Preconstruction phase and their duties to this project will be attached as an Exhibit. 2.2 Construction Phase. Unless otherwise authorized by the Owner, all Work shall be performed under Trade Contracts held by the Construction Manager. The Construction Manager shall not bid on any of the Trade Contractor Work or perform such Work with its own forces without the prior written consent of the Owner. The Construction Manager shall: 2.2.1 Administer the construction phase as provided herein and in the Conditions of the Contract, which include the following: General Conditions, and Special Conditions, and bear full responsibility for any and all acts or omissions of those engaged in the Work on behalf of the Construction Manager. 2.2.2 Commence the Work within 10 days after receipt of the executed Guaranteed Maximum Price Amendment and Notice to Proceed from the Owner. 2.2.3 Promptly award and execute Trade Contracts with approved Trade Contractors. Provide copies of fully executed Trade Contracts, insurance certificates and, if required, bonds to the Owner. 2.2.4 Manage, schedule and coordinate the Work, including the Work of the Trade Contractors, and coordinate the Work with the activities and responsibilities of the Owner, Architect/Engineer and Construction Manager in order to complete the Project in accordance with the Owner's objectives of cost, time and quality. Develop and maintain a program, acceptable to the Owner and Architect/Engineer, to assure quality control of the construction. Supervise the Work of all Trade Contractors so that the work conforms to the requirements of the plans and specifications. Provide instructions to each Trade Contractor when its Work does not conform to the requirements of the plans and specifications so that the work conforms to the requirements of the plans and specifications, and continue to manage each subcontractor to ensure that corrections are made in a timely manner so as to not affect the progress of the Work. Should disagreement occur between the Construction Manager and the Architect/Engineer over acceptability of Work and conformance with the requirements of the specifications and plans, the Owner shall be the final judge of performance and acceptability. 2.2.5 Maintain exclusively for this Project a competent full-time staff at the Project site to coordinate and direct the Work and progress of the Trade Contractors on the Project. The Construction Manager shall maintain sufficient off-site support staff, and competent full --- time staff at the Project site authorized to act on behalf of the Construction Manager to coordinate, inspect and provide general direction of the work and progress of the Sub- Contractors and he shall provide no less than those personnel during the respective phases of construction that are set forth in an Exhibit to the GMP Amendment. He shall not change any of those persons unless mutually agreed to by the Owner and Construction Manager. In such case, the Owner shall have the right of approval of the qualifications of replacement personnel. All of the Construction Manager's on-site management and supervisory personnel shall be consistent with the interview presentation and shall not be removed or replaced without the Owner's consent. The Owner shall have the right to direct the Construction Manager to remove or replace anyon-site personnel whose performance becomes unsatisfactory to the Owner. In such event, the Construction Manager shall promptly replace such personnel, without consideration of additional compensation for the replacement. 2.2.5.1 Establish on-site organization and lines of authority in order to carry out the overall plans of the Construction Team. Identify an on-site staff member to represent the Construction Manager, on a daily basis, with authority to negotiate change orders and contract modifications on behalf of the Construction Manager. Make available such executive personnel as necessary to execute change orders or other contract modifications on behalf of the Construction Manager so as not to delay the progress of the Work. 2.2.6 Establish procedures for coordination among the Owner, Architect/Engineer, Trade Contractors and Construction Manager with respect to all aspects of the Work. Implement such procedures, incorporate them into a project resource manual, and distribute manuals to the Construction Team. 2.2.6.1 Require of the various Trade Contractors such Coordination Drawings as may be necessary to properly coordinate the Work among the Trade Contractors. 2.2.6.2 In coordination with the Architect/Engineer, establish and implement procedures for tracking and expediting the processing of shop drawings and samples, as required by the Conditions of the Contract. 2.2.7 Schedule and conduct weekly progress meetings with Trade Contractors to review such matters as job procedures, job safety, construction progress, schedule, shop drawing status and other information as necessary. Provide prior notice to Owner and Architect/Engineer of all such meetings, and prepare and distribute minutes. Attend Team meetings with the Architect/Engineer and Owner, as scheduled by the Architect/Engineer. 2.2.8 Review the schedule with the various Trade Contractors and review, or expand, the level of detail to incorporate specific Trade Contractor input consistent with the overall completion requirements. Regularly monitoring and update the Project Schedule and various sub-networks as construction progresses. Identify potential variances between scheduled and probable completion dates. Review schedule for Work not started, or incomplete, and make adjustments in the schedule to meet the scheduled completion date. Provide summary reports of each monitoring and document all changes in schedule. Regular schedule updates and reporting shall be included as part of the monthly project report outlined in Subparagraph 2.2.16 herein. 2.2.9 Determine the adequacy of the Trade Contractors' personnel and equipment, and the availability of materials and supplies to meet the schedule. In consultation with the Owner and the Architect/Engineer, take necessary corrective actions when requirements of a Trade Contract or a Trade Contract Schedule are not being met. 2.2.10 Whenever Owner-Furnished Contractor-Installed (OFCI) materials or equipment are shipped to the Project site, the Construction Manager shall notify the Owner and shall be responsible for their acceptance, proper storage, and incorporation into the Work provided the scope ofthe Owner-Furnished Contractor-Installed (OFCI) work is included within the Guaranteed Maximum Price. 2.2.11 Develop and maintain an effective system of Project cost control which is satisfactory to the Owner. Revise and refine the initially approved Project Construction budget, incorporate approved changes as they occur, and develop cash flow reports and forecasts as needed. Identify variances between actual and budgeted or estimated costs and advise Owner and Architect/Engineer whenever projected costs exceed budgets or estimates. Cost Control reports shall be included as part of the monthly project report outlined in Subparagraph 2.2.16 herein. 2.2.12 Maintain a system of accounting consistent with generally accepted accounting principles. The Construction Manager shall preserve all accounting records for a period of four (4) years after final acceptance of the Work or as otherwise requested in writing by the Owner. The Owner shall have access to all such accounting records at any time during the performance of the Work and for a period of four (4) years after final acceptance of the Work. 2.2.13 Without assuming any of the Architect/ Engineer's responsibilities for design, recommend necessary or desirable changes to the Owner and the Architect/Engineer. 2.2.13.1 When requested by the Owner or Architect/Engineer, promptly prepare and submit estimates of probable cost for changes proposed in the Work including similar estimates from the Trade Contractors. If directed by the Owner, promptly secure formal written Change Order Proposals from such Trade Contractors. 2.2.14 Be responsible for initiating, maintaining and supervising effective safety programs and require similar programs of the Trade Contractors and Sub-subcontractors. The OSHA guidelines shall serve as the basis for the construction safety program. If the Owner implements an Owner Provided Insurance Program as provided for in Article 11, the Construction Manager shall cooperate with the safety representatives of the Owner's Insurance Administrator and/or the Owner's insurance carrier(s) in the course of construction site inspections and in all other matters related to job safety and accident prevention. 2.2.14.1 Promptly notify the Owner and, where applicable, the Owner's Insurance ----- Administrator, in writing, upon receiving notice of filing of any charge of non-compliance from OSHA, or upon receiving notification that a federal or state inspector shall visit or is visiting the Project site. 2.2.14.2 At progress meetings with Trade Contractors, conduct a review of job safety and accident prevention, and prepare minutes of such meetings that will be available to the Owner's Representative on request. The minutes of job safety and accident prevention portion of such progress meetings shall be made available to the Owner's Insurance Administrator, where applicable, upon request. 2.2.14.3 Designate a full-time staff member as the project safety director who shall oversee job safety and accident prevention for the Construction Manager, Trade Contractors and Sub-subcontractors involved in the Work, in addition to any other responsibilities assigned to such staff member. 2.2.15 Make provisions for Project security acceptable to the Owner, to protect the Project site and materials stored off-site, or on-site, against theft, vandalism, fire and accidents, damage, or injury to person(s) or property, etc., as required by job and location conditions. 2.2.16 Record the progress of the Project. Submit written monthly progress reports to the Owner and the Architect/Engineer including information on the Trade Contractors' Work, the percentage of completion, current estimating, computerized updated monthly Critical Path Method scheduling and project accounting reports, including Estimated Time to Completion and Estimated Cost to Complete. Keep a daily log available to the Owner and the Architect/Engineer. Report and record such additional information related to construction as may be requested by the Owner. 2.2.17 The Construction Manager shall be responsible for the removal, encapsulation, transportation and disposal of any hazardous material, including, without limitation, any asbestos or asbestos-related products as may be required in connection with the Work. Hazardous material, described by federal guidelines brought by the Construction Manager or the Trade Contractors shall remain their responsibility for proper disposal. Any hazardous material not specifically shown on the documents may be considered a concealed condition and may entitle the Construction Manager to a Change Order increasing the Guaranteed Maximum Price for any additional costs incurred. Such request for Change Order shall be submitted within seven days after the discovery ofthe concealed condition. The failure to provide the required notice within the time set forth herein shall constitute a complete waiver by the Construction Manager of any claim for additional compensation or extension of time. ARTICLE 3 - Additional Services 3.1 Upon the mutual agreement of the Owner and the Construction Manager, and upon written authorization from the Owner, the Construction Manager shall provide additional services which are beyond the scope of the Basic Services described in Article 2 herein. The Construction Manager shall be compensated for such additional services by a fee to be negotiated by the Owner and the Construction Manager at the time of the additional service request. ARTICLE 4 - Owner's Responsibilities 4.1 The Owner will designate a representative to receive progress reports of the Work, serve as liaison with the Construction Manager and the Architect/Engineer, receive and process communications and paperwork, and to represent the Owner in the day-to-day conduct of the Project. The Construction Manager will be notified in writing of the representative and of his/her designee or any changes thereto. 4.2 The Owner may retain a threshold inspector, if required by Chapter 553, Florida Statutes. 4.3 The Owner will review and approve or take other appropriate action on the Construction Manager's preconstruction deliverables. ARTICLE 5 - Schedule 5.1 Preconstruction Phase: The Construction Manager shall submit the required Reports and Guaranteed Maximum Price Proposal within 30 days after the Construction Documents have been made available to the Construction Manager. 5.2 Construction Phase: The number of days for performance of the Work under the construction phase of this Agreement shall be established in the Guaranteed Maximum Price Amendment to this Agreement. 5.3 At the time a Guaranteed Maximum Price (GMP) is established, as provided for in Article 6, a Project Substantial Completion date, a project final completion date and an Owner occupancy date in accordance with the master project schedule, shall also be established by the Construction Team. The Construction Manager agrees to complete the construction in accordance with the agreed upon Substantial Completion date, final completion date and Owner occupancy date. The Construction Manager acknowledges that failure to complete the project within the construction time set forth in the approved schedule will result in substantial damages to the Owner. Liquidated Damages shall be assessed at rate to be determined by the Owner for each Project assignment. 5.4 In the event the Owner desires to accelerate the schedule for any portion of the Work, the Owner shall notify the Construction Manager in writing. Within 7 days, the Construction Manager shall give the Owner a revised Guaranteed Maximum Price for the acceleration which shall become a Change Order upon acceptance by the Owner. The Owner may then direct the Construction Manager to increase its staff and require its Trade Contractors to increase their manpower, or to work such overtime hours as may be necessary to accomplish the required acceleration in accordance with the approved Change Order. In such event the Owner shall reimburse the Construction Manager for the costs of such acceleration subject to the Guaranteed Maximum Price. In no event shall the Construction Manager be entitled to compensation in excess of the adjusted Guaranteed Maximum Price. The Construction Manager shall require accurate daily records of all costs of the required acceleration and shall secure the Owner's approval of such records. 5.5 The Owner shall have the right to occupy, or use, any portion of the Work ahead of schedule. If use or occupancy ahead of schedule affects the Cost of the Project or the schedule for the Work, the Construction Manager shall so notify the Owner in writing within 7 days of discovering the Owner's intent to occupy or use a portion of the Work ahead of schedule of the monetary extent or time impact of the Owner's actions on the Construction Manager's Work. The Owner shall consider the Construction Manager's writing as a request for a Change to the Work in accordance with Article 9, herein. ARTICLE 6 - Guaranteed Maximum Price 6.1 The "Guaranteed Maximum Price" (GMP) includes Cost of the Work required by the Contract Documents as defined in Article 8 herein, and the Construction Manager's fee as defined in Paragraph 7.2 herein. The GMP will be established based on Construction Documents prepared by the Architect/Engineer. The GMP is subject to modification for changes in the Work as provided in Article 9, herein. 6.2 The GMP will only include those taxes in the Cost of the Work which are legally enacted at the time the GMP is established. 6.3 All cost savings for the not-to-exceed value of the GMP shall be returned to the Owner as part of the net aggregate savings established when final accounting is submitted upon Final Completion of the Work, or at such earlier time as agreed to by the Owner and the Construction Manager. "Cost savings" are the net difference obtained by deducting from the Adjusted GMP, the documented Construction Manager's Fee, the expended portions of the construction contingency and the actual expenditures representing the Cost of the Work as defined in Article 8, herein. Liquidated damages, if any, are different from, and are not a part of, this calculation. 6.4 In addition to the cost of work, the GMP will include an agreed upon sum as the construction contingency which is included for the purpose of defraying the expenses due to unforeseen circumstances relating to construction. The Contractor will be required to furnish documentation evidencing expenditures charged to this contingency prior to the release of funds by the Owner. Documentation for use of the Contingency shall be determined by the Owner. The Architect-Engineer shall verify the actual costs. If bids are received below the applicable line items in the GMP, the surplus will be added to the contingency. If bids are received above the applicable line item in the GMP the deficiency will be taken from the contingency, however such events shall not be cause to increase the GMP. If bids are not received for a portion of the work at or below the applicable line item amount in the GMP, the Contractor may perform that portion of the work as acknowledged by the Owner or negotiate for its performance for the specified line item lump sum amount or less. 6.5 By execution of this Agreement, the Construction Manager certifies that all factual unit costs supporting the fees specified in this Agreement are accurate, complete and current at the time of negotiations; and that any other factual unit costs that may be furnished the Owner in the future to support any additional fees that may be authorized will also be accurate and complete. The fees specified in this Agreement and any additional fees that may be authorized in the future shall be adjusted to exclude any significant sums by which the Owner determines the fee was increased due to inaccurate, incomplete, or non-current factual unit costs. 6.6 Adjustments to the GMP will be made as described in the Conditions of the Contract. ARTICLE 7 - Payments to Construction Manaaer 7.1 In consideration of the performance of the Contract, the Owner agrees to pay the Construction Manager, as compensation for its services an amount as set forth below: 7.1.1 For preconstruction services, the total sum amount to be paid in the amounts specified at the satisfactory completion of the following phases : 100% Schematic Design 100% Design Development 50% Const. Docs. 100% Const. Docs. 7.1.1.1 Upon receipt of the Notice to Proceed, the Construction Manager shall begin providing the indemnification described in the Conditions of the Contract, as part of the fee established for the first phase of preconstruction services. 7.1.2 Upon acceptance of the GMP, the amount established in the GMP Amendment to this Agreement, which includes the Construction Manager's fee as described in Paragraph 7.2 and the Cost of the Work as described in Article 8, to be paid monthly as described in the General Conditions of the Contract. 7.1.2.1 As required by Section 287.0585, F.S., within seven working days from receipt of payment from the Owner, the Construction Manager shall pay each Trade Contractor out of the amount paid to the Construction Manager on account of such Trade Contractor's Work, the amount to which said Trade Contractor is entitled reflecting the percentage actually retained, if any, from payments to the Construction Manager on account of said Trade Contractor's Work. The Construction Manager shall, by appropriate agreement with each Trade Contractor, require each Trade Contractor to make payments to its subcontractors in a similar manner. 7.1.3 Pay requests for preconstruction services and for construction shall be documented in accordance with the General Conditions. -------- 7.2 Construction ManaQer's Fee during the Construction Phase includes the following: 7.2.1 The cost of its home or branch office employees or consultants not at the Project site, including the cost of all benefits, insurance, and taxes attributable to wages and salaries and other company overhead expenses for said home office employees. 7.2.2 The cost of its field employees identified in Subparagraph 2.2.5 herein, or their approved replacements, including the cost of all benefits, insurance, and taxes attributable to wages and salaries for said field employees. 7.2.3 General operating expenses of the Construction Manager's principal and branch offices other than the field office. 7.2.4 Any part of the Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work. 7.2.5 Overhead and profit, or general expenses of any kind, except as may be expressly included in Article 8, herein, as Cost of the Work. 7.2.6 All travel and per diem costs of Construction Manager's employees and consultants. 7.2.7 Those services set forth in Article 2.2 7.2.8 Expenses such as long distance telephone calls, telephone service at the site, postage, office supplies, expressage, and similar items in connection with the Work. 7.2.9 Cost of equipment such as typewriters, cameras, radios, computers, pagers, copiers, facsimile equipment, telephones, dictating units, trailers, vehicles and furniture purchased or rented by the Construction Manager. 7.2.10 Administration of direct tax savings purchase program. 7.3 Adiustments in the fee will be made as follows: 7.3.1 Adjustments due to Changes in the Work shall be made as described in the General Conditions of the Contract. 7.3.2 For delays in the Work caused by the Owner, the Construction Manager shall be entitled to additional fees to compensate the Construction Manager for its increased expenses. The amount of this increased fee shall be calculated at a daily rate derived by dividing the basic fee (excluding overhead and profit) established in the accepted GMP proposal by the Contract Time established in the GMP Amendment to the Agreement. 7.4 I nvoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre audit and post audit thereof. ARTICLE 8 - Cost of the Work 8.1 The term "Cost of the Work" shall mean costs including General Conditions costs, incurred in the Work as described and defined in Paragraph 8.2, below, and paid or incurred by the Construction Manager, which are not included in Paragraph 7.2, less any reimbursement for scrap value and cash or trade discounts, subject to Article 10, herein. The term "wages" used herein shall include the straight time and overtime pay and the cost of associated employee benefits. Employee benefits include, but are not limited to, unemployment compensation, social security, compensated absences, and other mandatory and customary contributions and fringe benefits insofar as such costs are based on wages, salaries, or other remuneration paid to employees of the Construction Manager. Employee benefits do not include Workers' Compensation insurance when such insurance is provided by the Owner in accordance with Article 11. 8.1.1 The Owner agrees to pay the Construction Manager for the Cost of the Work as defined in Article 8, herein, through completion of the Work. Such payment shall be in addition to the Construction Manager's Fee as stipulated in Paragraph 7.2, herein. 8.2 Cost of the Work includes and is limited to actual expenditure for the following cost items: 8.2.1 Subject to prior approval by the Owner, wages paid for labor in the direct employ of the Construction Manager other than those provided under Paragraph 7.2, herein, as a part of the Construction Manager's Fee in the performance of the Work under applicable collective bargaining agreements, or under a salary or wage schedule agreed upon by the Owner and Construction Manager, and including benefits, if any, as may be payable with respect thereto. 8.2.2 The cost of all materials, supplies and equipment incorporated in the Work or stored on site, including cost of transportation and storage thereof. At the Owner's sole discretion, the Owner may make payment for materials, supplies and/or equipment stored off-site and bonded. 8.2.3 Payments made by the Construction Manager to Trade Contractors for their Work performed pursuant to Trade Contracts with the Construction Manager. 8.2.4 Cost of the premiums for all insurance or bonds including Trade Contractor bonds which the Construction Manager is required to procure by this Agreement, or other insurance or bonds subsequently deemed necessary by the Construction Manager, and agreed upon by the Owner. The cost of insurance for the Construction Manager, trade contractors, and sub-subcontractors at any tier in the Work shall be excluded for any insurance to be provided by the Owner in accordance with Article 11 herein. 8.2.5 Sales, use, gross receipt, or similar taxes related to the Work imposed by any governmental authority and for which the Construction Manager is liable. 8.2.6 Building and operating permit fees, inspection and filing fees, sewer and water fees, and deposits lost for causes other than the Construction Manager's own negligence. 8.2.7 Cost of removal and disposal of all debris including clean-up and trash removal. 8.2.8 Cost incurred due to an emergency affecting the safety of persons and/or property. 8.2.9 Subject to prior written approval by Owner, legal costs reasonably, and properly, resulting from prosecution of the Work for the Owner provided, however, that they are not the result of the Construction Manager's own negligence or malfeasance. Legal costs incurred in connection with disputes solely between the Construction Manager and the Owner or incurred in connection with disputes between the Construction Manager and Trade Contractors are the responsibility of the Construction Manager and shall not be included in the Cost of the Work. 8.2.10 Cost to the Construction Manager of temporary electric power, lighting, water, sanitary facilities, and heat required for the performance of the Work, or required to protect the Work from weather damage. 8.2.11 Cost to the Construction Manager of temporary safety-related protection including barricades and safety equipment, temporary roads and parking, dust control, pest control, installation and operation of temporary hoists, scaffolds, ladders and runways, and temporary project signs and costs of permits and fees pursuant to the General Conditions of the Contract. 8.2.12 Cost of watchmen or similar security services. 8.2.13 Cost of surveys, measurements and layout work reasonably required for the execution of the Work or the requirements of the Agreement. 8.2.14 Cost of preparation of shop drawings, coordination plans, photographs, or as-built documents not included in Trade Contracts. 8.2.15 All costs for reproduction of documents to directly benefit the work. 8.2.16 Costs directly incurred in the performance of the Work and not included in the Construction Manager's Fee as set forth in Paragraph 7.2, herein. 8.2.17 Cost, including transportation and maintenance, of all materials, supplies, equipment, temporary facilities and hand tools not owned by the workmen which are employed or consumed in the performance of the Work. 8.2.18 Rental charges of all necessary machinery and equipment, including hand tools used in the performance of the Work, whether rented from the Construction Manager or others, including installation, repairs and replacements, dismantling, removal, costs of lubrication, transportation and delivery costs thereof. 8.2.19 Costs associated with setting up and demobilizing tool sheds, temporary fences, temporary roads, and temporary fire protection. ARTICLE 9 - Chances in the Work 9.1 The Owner, without invalidating this Agreement, may order changes in the Work within the general scope of this Agreement consisting of additions, deletions, or other revisions. All changes in the Work shall be authorized as described in the General Condition of the Contract. Except in cases of emergency endangering life or property, the Construction Manager shall allow no Changes in the Work without the prior written approval of the Owner. ARTICLE 10 - Discounts 10.1 All quantity discounts shall accrue to the Owner. All trade discounts, rebates and refunds, and all returns from the sale of surplus materials and equipment shall be credited to the Owner. ARTICLE 11 - Insurance 11.1 The Construction Manager shall provide insurance as required by the General Conditions of the Contract. 11.2 The Owner may elect to purchase insurance under an Owner Provided Insurance Program, in which case the Construction Managerwill not be required to provide insurance, but will provide coordination with the Owner and the Owner's insurance broker, as required. The Owner will inform the Construction Manager of its intention regarding insurance in sufficient time before the execution of the Guaranteed Maximum Price amendment to allow the Construction Manager to arrange for insurance and include the costs in the GMP, if necessary. 11.3 For insurance coverage, if provided by the Owner in accordance with Paragraph 11.2 above, the Owner shall provide insurance in effect from the issuance of the Notice to Proceed with the Work until Final Completion of the Work, and the Construction Manager shall ensure that each Trade Contractor and Sub-subcontractor are insured under the Owner's insurance programs, in accordance with this Article. ARTICLE 12 - Contract Time: Licuidated DamaQes 12.1 The work will be substantially completed within calendar days from the date of the issuance of the Notice to Proceed, and completed and ready for final payment in accordance with paragraph 15.13 of the General Conditions within calendar days from the date of Substantial Completion. 12.2 Liquidated Damages. The Owner and Construction Manager recognize that time is of the essence of this Agreement and that the Owner will suffer financial loss if the Work is not completed within the times specified in paragraph 12.1 above, plus any extensions thereof allowed in accordance with Article 13 of the General Conditions. They also recognize that the actual loss suffered by the Owner if the Work is not completed on time is not readily ascertainable at the time of entering this Contract. Accordingly, instead of requiring any such proof, the Owner and Construction Manager agree that as liquidated damages for delay (but not as a penalty) Construction Manager shall pay the Owner one thousand dollars ($1,000) for each day that expires after the time specified in paragraphs 12.1 for substantial completion until the Work is substantially complete. After Substantial Completion if Construction Manager shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the Owner, Construction Manager shall pay Owner five hundred dollars ($500.00) for each day that expires after the time specified in paragraph 12.1 for completion and readiness for final payment. Construction Manager expressly acknowledges that such sum is not payable as a penalty but as liquidated damages representing a reasonable estimate of delay damages, inconvenience and additional overhead and costs likely to be sustained by the Owner, estimated at the time of executing the Contract. If the owner reasonably believes in its discretion that Substantial Completion will be delayed, it shall be entitled, but not required to withhold from any amounts otherwise due the Construction Manager an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. Partial use or occupancy of the Work shall not result in the Work deemed substantially completed, and such partial use or occupancy shall not be evidence of Substantial Completion. It shall be understood and agreed that the liquidated damages referred to herein serves to compensate Owner for the loss of use of the Project and does not include the cost to Owner of expenses reláting to professional services, consulting fees permit fees, renewals, utilities, taxes and the like necessitated or incurred due to the extended project duration. ARTICLE 13 - No Damaaes For Delav 13.1 All time in the Contract Documents is calculated on a consecutive calendar day basis. 13.2 Time is of the essence in this Contract, and any breach of same shall go to the es- sence hereof, and Construction Manager, in agreeing to complete the Work within the time herein mentioned, has taken into consideration and made allowances for all reasonable hindrances and delays incident to his work. 13.3 Construction Manager agrees to commence the Work when directed by the Owner and to diligently and continuously perform such Work and to coordinate the Work with other Work being performed on the Project by other trades so that the Owner shall not be delayed by any act or omission of Construction Manager in completion of the Project within the time specified above. 13.4 Construction Manager shall not be entitled to any claim for damages on account of hindrance or delays from any cause whatsoever, but if caused by any act of God or active interference on the part of the Owner, such act, hindrance or delay may only entitle the Construction Manager to receive an extension of time as its sole and exclusive remedy, as set forth in Article 13 of the Contract General Conditions. 13.4.1 Any extension of time to complete the Work shall be determined by the Architect/Engineer provided the Construction Manager provides Architect/Engineer and Owner with notice in writing of the cause of said act, hindrance or delay within twenty (20) days after its occurrence. 13.4.2 In the event the request for extension is not made in writing within that twenty day time period, Construction Manager acknowledges and agrees it has forever waived any and all rights to such an extension. 13.4.3 All extensions of time shall be authorized only by a written change order executed by the Owner, Architect/Engineer and Construction Manager; in the absence of a written and fully executed change order, Construction Manager shall not be entitled to any claim for additional time. 13.4.4 This "no damage for delay" provision shall encompass any damages for delay, acceleration or disruption even if the Construction Manager completes construction of the Work in a timely fashion in accordance with this Contract. 13.4.5 Damages as referenced in this "no damage for delay" provision shall include any type of damages that are or could be awarded by any court or arbitration panel such as, by way of general example, but not limitation, tort, contract, strict liability, consequential damages, liquidated damages and/or punitive damages. 13.4.6 The Construction Manager recognizes and specifically acknowledges the terms and conditions of this "no damage for delay" clause upon execution of this Contract. ARTICLE 14 - Contract Documents The Contract Documents which comprise the entire agreement between the Owner and Construction Manager concerning the Work consist of the following: 14.1. Request for Proposals. 14.2. Construction Manager's Proposal. 14.3. This Agreement. 14.4. Exhibits to this Agreement. 14.5. Florida Performance Bond. 14.6. Florida Payment Bond. 14.7. Certificates of Insurance. 14.8. Notice of Tentative Award. 14.9. Notice to Proceed. 14.10. Certificate of Substantial Completion. 14.11. Warranty of Title. 14.12. Final Receipt. 14.13. General Conditions. 14.14. Supplemental General Conditions as listed in TABLE OF CONTENTS thereof. 14.15. Technical Specifications as listed in TABLE OF CONTENTS thereof. 14.16. Drawings, consisting of cover sheet and sheets numbered _ through _, with each sheet bearing the following general title: TITLE City of Delray Beach Project No. xx 14.17. Addenda number _ to _, inclusive. 14.18. Documentation submitted by CONTRACTOR prior to Notice of Tentative Award (pages to , inclusive). 14.19. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pur- suant to paragraphs 4.4 and 4.5 of the General Conditions. 14.20. The documents listed in paragraph 14.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above).There are no Contract ---- Documents other than those listed above in this Article 14. The Contract Docu- ments may only be amended, modified or supplemented as provided in paragraphs 4.4 and 4.5 of the General Conditions. ARTICLE 15 - Indemnity In consideration of Ten Dollars ($10.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, Construction Manager agrees to defend, indemnify and hold harmless the Owner, their agents and employees in accordance with paragraph 7.28 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06, as amended. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the "Specific Consideration" therefor. ARTICLE 16 - Reimbursement of ArchitectlEnaineer Expenses Should the completion of this Contract be delayed beyond the specified or adjusted time limit, Construction Manager shall reimburse the Owner for all expenses of consulting and inspection incurred by the Owner during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the Owner will be charged to Construction Manager and be deducted from payments due Construction Manager as provided by this Contract. Said expenses shall be further defined as Architect/Engineer charges associated with the construction contract administration, including resident project representative costs. ARTICLE 17 - Weather Protection The Construction Manager shall ascertain what temporary enclosures, if any, of building areas should be provided for and may be provided as a practical matter, in order to assure orderly progress of the work in periods when extreme weather conditions are likely to be experienced. He shall submit to the Construction Team his recommendations as to needed requirements of this nature and as to the contract or contracts in which they should be included. ARTICLE 18 - Warranty The Construction Manager shall warrant that all materials and equipment included in the Work will be new except where indicated otherwise in the Contract Documents, and that the Work will be of good quality, free from improper workmanship and defective materials and in conformance with the Drawings and specifications. With respect to the Work, the Construction Manager further agrees to correct all work found by the Owner to be defective in material and workmanship or not in conformance with the Drawings and Specifications for a period of one year from the Date of Final Completion or for such longer periods of time as may be set forth with respect to specific warranties contained in the trade sections of the Specifications. The Construction Manager shall collect and deliver to the Owner any specific written warranties given by others as required by the Contract Documents. Also, the Construction Manager shall conduct, jointly with the Owner and the Architect/Engineer, a warranty inspection eleven (11) months after the date of Final Completion. ARTICLE 19 - Subcontractors The Construction Manager shall request and receive proposals from Sub-Contractors and suppliers and will award those contracts to the qualified low bidder after he has reviewed each proposal and is satisfied that the Sub-Contractor is qualified to perform the work. 19.3 Required Sub-Contractors' Qualifications and Subcontract Conditions 19.3.1 Subcontractual Relations: By an appropriate written agreement, the Construction Manager shall require each Sub-Contractor to the extent of the work to be performed by the Sub-Contractor, to be bound to the Construction Manager by the terms of the Contract Documents, and to assume toward the Construction Manager all the obligations and responsibilities which the Construction Manager by these Documents, assumes toward the Owner and the Architect/Engineer. Said agreements shall preserve and protect the rights of the Owner and Architect/Engineer under the Contract Documents with respect to the Work to be performed by the Sub-Contractor so that the subcontracting thereof will not prejudice such rights. Where appropriate, the Construction Manager shall require each Sub-Contractor to enter into similar agreements with his Sub-Subcontractor. The Construction Manager shall make available to each proposed Sub-Contractor, prior to the execution of the Subcontract, copies of the Contract Documents to which the Sub- Contractor will be bound by this Article 19.3 and identify to the Sub-Contractor any terms and conditions of the proposed Subcontract which may be at variance with the Contract Documents. Each Sub-Contractor shall similarly make copies of such Documents available to his Sub-Subcontractors 19.3.2 Subcontract Requirements: On subcontracts where the bid exceeds $100,000, the Construction Manager shall require Sub-Contractors to provide a 100% performance bond and a 100% labor and material payment bond from a surety company authorized to do business in the State of Florida by the Department of Insurance. Ifthe Construction Managerwishes to award subcontracts to subcontractors unable to supply this bonding, he shall request special authorization by the owner to do so. Upon providing justifiable background information, such authorization shall not be withheld unreasonably. Subcontract bidders must submit experience, bonding capability and financial condition. The Sub-Contractors experience, bonding capability and financial condition must demonstrate that adequate assets and equipment are available to properly perform the subcontract. --~- Sub-Contractor experience: The Sub-Contractor must have successfully completed no less than two projects of similar size and complexity within the last five years. Supervision: The Sub-Contractor must agree to provide field (on-site) supervision through a named superintendent for each trade (general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in the subcontract. In addition, the Sub-Contractor shall assign and name a qualified employee for scheduling direction for its work. The supervisory employees of the Sub-Contractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Sub-Contractor shall include a resume of experience for each employee identified by him to supervise and schedule his work. All subcontracts shall provide: a. LIMITATION OF REMEDY - NO DAMAGES FOR DELAY That the Sub-Contractors exclusive remedy for delays in the performance of the contract caused by events beyond its control, including delays claimed to be caused by the Owner or Architect/Engineer or attributable to the Owner or Architect/Engineer and including claims based on breach of contract or negligence, shall be an extension of its contract time. In the event of a change in the work the Sub-Contractors claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 15% for overhead and profit and bond costs. Each subcontract shall require the Sub-Contractor to expressly agree that the foregoing constitute the sole and exclusive remedies for delays and changes in the work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. b. Each subcontract shall require that any claims by Sub-Contractor for delay or additional cost must be submitted to Construction Manager within the time and in the manner in which the Construction Manager must submit such claims to the Owner, and that failure to comply with the conditions for giving notice and submitting claims shall result in the waiver of such claims. 19.4 Responsibilities for Acts and Omissions: The Construction Manager shall be responsible to the Owner for the acts and omissions of his employees and agents and his Sub-Contractors, their agents and employees, and all other persons performing any of the work or supplying materials under a contract to the Construction Manager. ARTICLE 20 - Termination of the Agreement and Owner's RiQht to Perform Construction Manaaer's ObliQations 20.1 Termination by the Construction Manager If the Project is stopped for a period of thirty (30) days under an order of any court or other public authority having jurisdiction or as a result of an act of govemment, such as a declaration of a national emergency making materials unavailable, through no act or fault of the Construction Manager, or the Owner fails to perform its material obligations to the Construction Manager for a period of sixty (60) days after receiving notice from the Construction Manager of its intent to terminate hereunder, then the Construction Manager may, upon seven days written notice to the Owner, terminate performance under this Agreement by written notice to the Owner and the Architect/Engineer. In such event, the Construction Manager shall be entitled to recover from the Owner as though the Owner had terminated the Construction Manager's performance without cause pursuant to the terms and conditions of this Agreement. 20.2 Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause 1. If the Construction Manager fails to perform any of his obligations under this Agreement, the Owner may, after seven (7) days written notice during which period the Construction Manager fails to perform such obligation, make good such deficiencies. The GMP, or the actual cost of the Project, whichever is less, shall be reduced by the cost to the Owner of making good such deficiencies and the Construction Manager's Construction Phase Fee shall be reduced by an amount required to manage the making good of such deficiencies. 2. If the Construction Manager is adjudged a bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or repeatedly refuses or fails, except in case for which extension of time is provided, to supply enough properly skilled workmen or proper materials and fails to maintain an established schedule (failure to maintain schedule shall be defined as any activity on the critical path that falls 45 days or more behind schedule) which has been adopted by the Construction Team, or if he fails to make prompt payment to Sub-Contractors for materials or labor, or persistently disregards laws, rules, ordinances, regulations, or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven (7) days written notice, during which period Construction Manager fails to commence to cure the violation, terminate the employment of the Construction Manager and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Construction Manager, and may finish the Project by whatever method Owner may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 6. Reasonable termination expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager. 3. If the Construction Manager refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and --- - · made or received by the Construction Manager in conjunction with this Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Construction Manager and his surety, if any, seven (7) days written notice, during which period Construction Manager still fails to allow access, terminate the employment of the Construction Manager and take possession of the site and of aft documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statute and all materials, equipment, tools, construction equipment and machinery thereon, owned by the Construction Manager, and may finish the project by whatever method he may deem expedient. In such case, the Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 6. Reasonable termination expenses incurred by the Owner may be deducted from any payments left owing the Construction Manager. 20.3 Termination by Owner Without Cause 1. If the Owner terminates this Agreement without cause, he shall reimburse the Construction Manager for any unpaid Cost of the Project due him under Article 7, plus that part of the unpaid balance of the Construction Phase Fee in an amount as will increase the payment on account of his fee to a sum which bears the same ratio to the Construction Phase Fee as the Cost of the Project at the time of termination bears to the Guaranteed Maximum Price, if established, otherwise to the Owner's Construction Budget. The Owner shall also pay to the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment retained. In case of such termination of Agreement the Owner shall further assume and become liable for obligations, commitments and unsettled contractual claims that the Construction Manager has previously undertaken or incurred in good faith in connection with said Project. The Construction Manager shall, as a condition of receiving the payments referred to in this Article 20, execute and deliver all such papers and take all such steps including the legal assignment of his contractual rights, as the Owner may require for the purpose of fully vesting in him the rights and benefits of the Construction Manager under such obligations or commitments. 2. After the establishment of the Guaranteed Maximum Price or at the completion of the Design Phase, if the final cost estimates or lack of legislative funding make the Project no longer feasible from the standpoint of the Owner, the Owner may terminate this Agreement and pay the Construction Manager his proportionate fee due for preconstruction services plus any costs incurred. ARTICLE 21 - Assi'IOment and GoverninQ Law 21.1 Neither the Owner nor the Construction Manager shall assign his interest in this Agreement without the written consent of the other. 21 .2 This Agreement shall be governed by the Laws of the State of Florida and venue shall be in Palm Beach County. · ARTICLE 22 - Miscellaneous 22.1. Terms used in this Agreement which are defined in Article 1 of the General Con- ditions and Article 1 of this Agreement will have the meaning indicated. 22.2. The Owner and Construction Manager each binds itself, its partners, its successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 22.3 Interest. Any monies not paid when due to either party under this contract shall not bear interest except as may be required by law. 22.4 Criminal Acts. Employment by any Construction Manager of any employees or Trade Contractors hired by the Construction Manager with multiple felonies will not be tolerated. The Construction Manager must provide documented proof of efforts to comply with this requirement. The Owner may declare any non-compliance or lack of diligent effort by the Construction Manager to comply as a breach of contract and immediately terminate the services of the Construction Manager. 22.5 The agreement shall be void if not signed by both the Owner and the Construction Manager. · IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as ofthe day and year first above written. ATTEST: CITY OF DELRA Y BEACH By: City Clerk Mayor, Jeff Perlman Approved as to Fonn: City Attorney WITNESSES: By: (Name Printed or Typed) (Name Printed or Typed) STATE OF COUNTY OF 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. · CERTIFICATE (if Corporation) STATE OF FLORIDA ) )SS COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of , a corporation under the laws of the State of held on , 20_the following resolution was duly passed and adopted: "RESOLVED", that , as President of the corporation, be he/she is hereby authorized to execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal ofthe corporation this day of ,20_. (Secretary) (Corporate Seal) MEMORANDUM TO: MAYOR AND CI1Y COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # I - REGULAR MEETING OF JUNE 7.2005 OLD SCHOOL SQUARE PARKING GARAGE/OPTIONAL SERVICES DATE: JUNE 3, 2005 This is before the Commission to consider approval of Optional Services 4 and 5 of Service Authorization No.1 with PGAL, Inc. for preparation and submittal of required documents for the Site Plan Review and Appearance Board's (SPRAB) approval, for a total additional amount of $46,740.00. PGAL, Inc., our consultant, for the Old School Square Parking Garage is effectively complete with the basic scope of services as listed in their contract. All that remains is completion of the final conceptual plan documents and preparation of a budget cost estimate for the facility. The next step in the planning process is the preparation of construction documents sufficient for submittal for SPRAB's review and approval. Option 4 in the attached Service Authorization No.1 provides the scope of services for the requisite SPRAB submittal and an associated fee of $41,740.00. Option 5, preparation of an architectural rendering of the proposed facility, adds an additional $5,000.00 for a total additional fee of $46,740.00. Funding is available from 380-4150-572-63-29 (2004 G.O. Bond/Old School Square). Recommend approval of Optional Services 4 and 5 of Service Authorization No.1 with PGAL, Inc. for preparation and submittal of required documents for the Site Plan Review and Appearance Board's approval, for a total additional amount of $46,740.00. "- S:\Clty Clerk\agenda memos\CM Memo OSS Parkmg Garage PGAL 060705 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www.mydelraybeach.com TO: David T. Harden, City Manager FROM: Richard C. Hasko, P.E., Environmental Services Director SUBJECT: OLD SCHOOL SQUARE GARAGE SITE PLAN DATE: June 3, 2005 To date, PGAL, our consultant for the Old School Square Parking Garage, is effectively complete with the basic scope of services as listed in their contract. All that remains is completion of the final conceptual plan documents and preparation of a budget cost estimate for the facility. The next step in the planning process is the preparation of construction documents sufficient for submittal for SPRAB review and approval. Option 4 of the optional menu in the consultant contract provides the scope of services for the requisite SPRAB submittal and an associated fee of $41,740. Option 5 adds $5,000 for preparation of an architectural rendering of the proposed facility. In order to maintain our current project schedule, we need to proceed with this phase of planning. A subsequent contract addition will be submitted by the consultant for a scope of services that will carry the project through final design, pennitting and construction. At this time, staff is requesting Commission approval of optional services 4 and 5 of the the consultant agreement for preparation and submittal of required documents for SPRAB approval, as well as an architectural rendering of the proposed facility for a total additional fee of $46,740. Existing purchase order # 622200 will be increased by the stated amount upon approval by City Commission. Funding for this expense is available in Parks & Recreation Bond account #380-4150-572-63.29, Old School Square. Please place this item on the June ih agenda for consideration by City Commission. Cc: Bob Barcinski, Asst. City Manager Victor Majtenyi, Construction Manager Diane Colonna, Executive Director, CRA Joe Gilley, Executive Director, OSS " EXHIBIT "An Service Authorization No. ~ to the Agreement to Furnish Professional Services Dated Between the City of Delray Beach, Florida and PGAL, Inc. City P.O. Number:~~.:2.00 City Project Number: ZOo L( -0 Ll~ '38C-l((S()--~¡:L ~ J..2.' Project Title: Design Services for Old School Square Parking Garage General This SERVICE AUTHORIZATION, when executed, shall be incorporated in and shall become an integral part of the professional service agreement referenced above, Changes in the indicated Scope of Services will be subject to renegotiation and implemented through an Amendment to this agreement or an additional Service Authorization. Project Description The primary purpose of the project is to design a structured parking facility for approximately 570 cars. The structure shall be a maximum of 48' high, will incorporate 7,000 - 10,000 gross square feet of retail space at grade and be situated adjacent to the Old School Square Cultural Arts Center in Delray Beach. Scope of Services The work plan outlined below includes the development of alternative conceptual layouts and preliminary designs for the facility. These alternatives and preliminary plans will be developed through meetings. workshops and other activities designed for coordinating stakeholder input and consensus building. Additional services may be requested at the discretion of the City. including, but not limited to, preparation of final design and documents sufficient for permitting and construction, construction administration services and/or a design-build combination with a contractor to be selected by the City. We understand that an Oversight Committee will be formed consisting of 2 members from Old School Square. 2 members from the CRA, 1 member from City Parking and 1 City Project Manager (R. Hasko). The role of the Oversight Committee will be to provide specific program information and review stakeholder comments relative to the program. All communications are to be coordinated through the City Project Manager. We understand the stakeholders may include the following groups (final determination to be made by the Oversight Committee): OFBI981040007/SET561 DOC 1 1. Old School Square (OSS) Board 2. Community Redevelopment Agency (CRA) Board 3. Pineapple Grove Executive Board 4. Pineapple Grove Design Committee 5. Existing Tenants/Merchants 6. Site Plan Review and Approval Board (SPRAB) 7. Downtown Development Authority (DDA) Board 8. Parking Management Committee 9. Chamber of Commerce 10. City Attorney 11. Local Utilities/Services (FP&L, Adelphia, BellSouth, Waste Management) 12. City Fire Department Up to 10 total meetings will be held with stakeholder groups (individually or in combination) to obtain consensus on the program, alternatives and preliminary design. It is our intent to identify and review existing documentation (prior studies, surveys, etc. to be provided by City) to facilitate development of a conceptual design that addresses the needs of all users of the garage and occupants of the retail space. The preliminary design shall enhance safety for drivers, pedestrians and bicyclists on adjacent streets as well as respond the historic context of the downtown area. We will establish capacity needs for the garage (requirements for; retail, ess, City, replacement of existing), identify traffic impacts and evaluate the surrounding roadway network for proper ingress/egress locations (elimination of one-way pairs to be studied by others) and consider potential service needs for the proposed retail and existing OSS Amphitheater. Garage planning will include analyses of ramp systems and grades, gate capacity and queuing at peak hours, revenue control, stall and aisle sizes, pedestrian circulation and structural systems. Preliminary architecture and engineering will include code research, envelope studies (elevations), exterior materials, mechanical (it is not intended for the garage to be mechanically ventilated), electrical (lighting), fire sprinkler, civil and landscaping. A budget construction cost estimate will be prepared for the approved preliminary design. Schedule PGAL will commence work on the Scope of Services described herein upon receipt of a fully executed copy of this Specific Service Authorization from the CITY, which will serve as the notice to proceed. Depending on the number and availability of stakeholders during the consensus building process, we anticipate having a preliminary design ready to submit for SPRAB review and approval within 120 calendar days of notice-to-proceed. DFBI981040007/SET561 DOC 2 --- Assumptions This scope of services is based on the following modifications to the Professional Service Agreement: 1. III.A5. A "general economic analysis of the Owner's requirements" is not included. 2. III.A6. A schematic report including a preliminary estimate of construction cost will be prepared, but it will not include an "allowance for engineering costs and contingencies, allowances for such other items such as charges for all other professionals and consultants, for the cost of lands and rights-of-way, for compensation for or damages to properties, and for permit review and/or approval fees by other governmental agencies, if required". 3. III.B.7. Value engineering meetings, if necessary at this time, are included in the assumption of total meetings attended. Compensation to the CONSUL T ANT Compensation for basic professional consulting services as described herein shall be on a lump sum basis in accordance with Article VII.A1 of the AGREEMENT. Basic Services Tasks and Fees are as follows: Task 1 Review of existing conditions and documentation $ 2,400 Task 2 Define preliminary program requirements $ 9,560 Task 3 Internal research and studies $ 4,220 Task 4 Provide up to 3 alternatives and report for review $14,600 Task 5 Build consensus with stakeholders $21,800 Task 6 Develop final concept plan for approval $26,680 Task 7 Prepare budget cost estimate $ 6,900 Total Basic Services $ 86,160 All above fees are detailed on Attachment 1 to Exhibit A, Fee Schedule for Basic Services. Tasks 1, 2, 3 and 4 above fulfill the requirements of Article III.A Phase I - Study and Report Phase. Tasks 6 and 7 fulfill the requirements of Article III.B Phase II - Preliminary Design Phase. A portion of Task 5 will be applied to both Phases as meetings are held. DFBI981040007/SET561 DOC 3 Optional Services Tasks and Fees are as follows: Opt 1 Site survey (boundary, spot elevations, existing structures) $12,900 Opt 2 Traffic study (surrounding road network) $ 7,960 Opt 3 Underground utilities $ 1 ,420 Opt 4 Submit for SPRAB approval $41,740 · Architectural, MEP, Structural $20,225 · Civil $13,935 · Landscape $ 7,580 Opt 5 Rendering (allowance) $ 5,000 Total Optional Services $ 69,020 All above fees are detailed on Attachment 2 to Exhibit A, Fee Schedule for Optional Services. Each Optional Service will require a separate written authorization from the City. DfB/981040007/SET561 DOC 4 ~-- -- This service authorization is approved contingent upon the CITY's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the CITY in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the CITY may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the CITY to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRA Y BEACH: PGAL, INC. (Corporate Seal) Date: LA \1 Ian A. Nestler, AlA, Principal ~MI> LÞ4aCL Witness ~ STATE OF FLORIDA COUNTY OF PALM BEACH r \ , Approved as to ,Legal The foregoing instrument was acknowle~ed , ~ ~ ----- before me this Ji:. day of ~ ~ , ( 200~, by Ian A. Nestler. PrinciDal. PGAL. , Inc., a Texas corporation, on behalf of the corporation. 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(/) () CI) t) aLL a.. « AGENDA ITEM NUMBER: ct:s:: AGENDA REQUEST Date: June 2, 2005 Request to be placed on: June 7. 2005 X Regular Agenda Special Agenda Workshop Agenda When: June 7,2005 Description of agenda item: Staff requests Commission approval of optional services 4 and 5 in the existing consultant contract with PGAL for site planning of the Old School Square Parking Garage. These optional services include preparation and submittal of documents sufficient for SPRAB review and approval and preparation of an architectural rendering of the proposed facility. Total additional fee for these services is $46,740. Existing P.O. #622200 will be increased by the stated amount with funding from Parks & Rec Bond account # 380-4150-572-63.29. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft of Resolution Attached: YES NO X Recommendation: Staff recommends ap~ . ~ (.,.2- v.;" Department Head Signature: ( r ,~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes Ü:L. No Funding alternatives (if applicable): Account Number: 39ð--f/Ø -~7Z.¡'3-2? Account Description: 0/ d S'ch ð7Jf Sjutt/L Account Balance: ¡; 2/ ¿j~0 9 PÒ . City Manager Review: Approved for Agenda: @ ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved : Disapproved: P.O. # AGENDA ITEM NUMBER: --- fA MEMORANDUM TO: David T. Harden J'!If!; City Manager "~~~D FROM: Lisa M. Herrmann ~i:1v ' " 1.. 2005 ~-\.t l . Budget Analyst ....., : ~~ Through: Joseph Safford ~ - ~AGER Finance Director SUBJECT: Mid-Year Budget Amendment for FY 2004/2005 DATE' June 2, 2005 Attached please find Resolution 24-05 which amends the budget for Fiscal Year 2004-2005 Also attached are supporting schedules for your review Please let me know if you have any questions cc. Becky O'Connor, Treasurer Attachments q;y RESOLUTION NO. 24-05 A RESOLUTION OF THE CITY COivll\HSSION OF THE CITY OF DELRA Y BEACH, FLORIDA, Al\IENDING RESOLUTION NO. 75-04 ADOPTED SEPTEMBER 21, 2004, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRA Y BEACH, FLORIDA, FOR THE FISCAL YEAR 2004/2005, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2004/2005; REPEALING ALL RESOLUTIONS INCONSISTENT HERE\VITH. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA. Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1 of Resolunon No. 75-04 adopted by the City Commission of the City of Delray Beach, Florida, on September 21,2004, 1S hereby repealed, and a new Secnon 1 1S enacted and amended to read as follows: That the following sums of money, attached hereto and marked Exhibit "A", are hereby appropriated upon the terms and conditions herein set forth. Secnon 2. That, subject to the quahficanons contarned m this resolution, all approprianons made out of the General Fund are declared to be maximum, condinonal and propornonate appropriations, the purpose being to make the appropnations payable m full in the amounts herein named 1f necessary and then only 111 the event the aggregate revenues collected and other resources avallable dunng the period commencmg the 1 st day of October, 2004, and ending the 30th day of September, 2005, for which the approprianons are made, are suffiClent to pay all the approprianons in full. Otherw1se, sa1d approprianons shall be deemed to be payable 111 such proportion as the total sum of realized revenue of the General Fund 1S to the total amount of revenues esnmated by the C1ty COmmlssion to be avallable in the penod commenc111g the 1 st day of October, 2004, and endmg the 30rh day of September, 2005. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30th day of September, 2004, except as othet\vise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropnations wh1ch may be made many approprianon for the fiscal year commencmg the 1 st day of October, 2004. However, nothmg in th1s section shall be construed to be apphcable to unencumbered balances remammg to the cred1t of the \Vater and Sewer Fund, Sarutation Fund or any Fund created by the settlng up of spec1al revenue, but such balances shall be used m financmg the proposed expend1tures of these Funds for the fiscal year commencing the 1 st day of October, 2004. Section 4. That no department, bureau, agency or individual recelvmg appropnatIons under the proVlslOns of tills resolution shall exceed the amount of lts appropnatIon, except WIth the consent and approval of the Cuy COmmlSSlOn fIrst obtained. If such department, bureau, agency or mruvidual shall exceed the amount of its appropnatlon w1thout such consent and approval of the Cuy Commission, the admmistrative officer or mdividual, m the chscretion of the City COmmlSSIOn, may be deemed guilty of neglect of official duty and may be subject to removal therefor. Section 5. That nothing m tills resolution shall be construed as authorizmg any reduction to be made m the amounts appropriated m this resolution for the payment of interest on, or retIrement of, the debt of the City of Delray Beach, Flonda. Section 6. That none of the momes enumerated 111 tills resolution m connection "vith the General Fund, Water and Sewer Fund, Samtation Fund or any other Fund of the Cuy shall be expended for any purposes other than those for which they are appropriated, and 1t shall be the duty of the Budget Adminlstrator and/or F111ance Director to report known vlOlatlons of th1S section to the City ~:Ianager. Sectlon 7. That all monies collected by any department, bureau, agency or mdividual of the Cuy government shall be paid prompdy mto the City Treasury. Section 8. That the foregoing budget 1S hereby adopted as the offiClal budget of the C1ty of Deltay Beach, Florida, for the aforesaid penod. However, the restnctIons w1th respect to the expenchtures/expenses of the funds appropnated shall apply only to the lump sum amounts for classes of expenditures/ expenses wruch have been included in tills resolution. Section 9. That public hearings were held on the tax levy and the budget on September 7, 2004, and September 21, 2004. Section 10. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED m regular session on th1s the 7th day of June, 2005. J\L\ YOR ATTEST: City Clerk 2 RES. NO. 24-05 EXHIBIT A (As Amended) BUDGET SUMMARY CITY OF DELRA Y BEACH, FLORIDA FISCAL YEAR 2004-2005 General Fund DOWNTOWN SPECIAL AMENDED DEVELOPMENT ENTERPRISE REVENUE FY 04/05 FUND FUNDS FUNDS TOTAL CASH BALANCES BROUGHT FORWARD 535,614 8,315,380 3,186,197 12,037,191 ESTIMATED REVENUES: TAXES Millages AD VALOREM TAXES 745 38.566,930 38,566,930 AD VALOREM TAXES 055 2,812,710 2,812,710 AD VALOREM-DELINQUENT 87,000 87,000 AD VALOREM - DDA 100 - 255,860 255,860 511,720 Sales & Use Taxes 1,845,000 1,845,000 Franchise Taxes 3,850,250 3,850,250 Utility Taxes 4,108,000 4,108,000 Other Taxes 3,650,000 3,650,000 Licenses & Permits 3,509,450 3,509,450 Intergovernmental 7,373,902 1,341,862 2,650,262 11,366,026 Charges for Services 6,002,100 34,127,805 - 40,129,905 Fines & Forfeitures 1,029,300 1,029,300 Miscellaneous Revenues 4,062,800 722,925 149,568 4,935,293 Other Financing Sources 3,241,830 178,000 1,288,820 4,708,650 TOTAL REVENUES AND OTHER FINANCING SOURCES 80,139,272 255,860 36,370,592 4,133,650 120,899,374 TOTAL ESTIMATED REVENUES AND BALANCES 80,674,886 255,860 44,685,972 7,319,847 132,936,565 EXPENDITURES/EXPENSES: General Government Services 8,109,017 8,109,017 Public Safety 43,149,955 45,300 43,195,255 Physical EnVIronment 507,148 29,121,340 29,628,488 TransportatIon 1,713,879 1,713,879 Economic Environment 4,854,740 255,860 - 4,484,341 9,594,941 Human Services 148,590 148,590 Culture & Recreation 10,806,866 3,840,882 2,485,488 17 ,133,236 Debt Service 4,484,870 5,648,470 10,133,340 Other Financing Uses 6,472,917 5,502,910 212,570 12,188,397 TOTAL EXPENDITURES/EXPENSES 80,247,982 255,860 44,013,602 7,227,699 131,745,143 Reserves 426,904 - 572,370 92,148 1,091,422 TOTAL EXPENDITURES AND RESERVES 80,674,886 255,860 44,685,972 7,319,847 132,936,565 2005 2005 CURRENT ACCOUNT FINANCE YEAR CODE DESCRIPTION BUDGET PROJECTION VARIANCE 1000030110 prior year surplus 0 458855 458,855 1000030300 pr10r yr encumbrances 104,469 76,759 (27,710 ) 431,145 1000031110 current advalorem tax 40,904,640 41,379,640 475,000 1000031120 del advalorem taxes 89,000 87,000 (2,000 ) 473,000 1000031241 local opt10n tax 1,795,000 1,845,000 50,000 50,000 1000031310 franchise--fpl 3,700,000 3,600,000 (100,000) (100,000) 1000031410 ut1l tax-electr1c 4,030,000 3,950,000 (80,000) 1000031440 util tax-gas 153,000 158,000 5,000 (75,000) 1000032211 build1ng permits 1,575,000 1,650,000 75,000 1000032220 electr1cal perm1ts 173,250 190,000 16,750 1000032230 plumb1ng permits 105,000 110,000 5,000 1000032250 a1r cond/heat perm1t 141,750 170,000 28,250 1000032914 shutter permits 31,500 40,000 8,500 1000032922 roof permits 98,000 120,000 22,000 1000032923 seawall/dock perm1t 10,500 15,000 4,500 1000032928 tenant/landlord permit 190,000 180,000 (10,000) 1000032932 no final 1nspect10n 8,000 12,000 4,000 1000032934 landscape permits 36,750 40,000 3,250 1000032935 misc permits 32,000 34,000 2,000 159,250 1000033140 histor1c educ brochure 5,000 - (5,000) 1000033159 fema mutual a1d 191,787 191,787 1000033179 highway safety fd grant 13,000 - (13,000) 1000033436 pbc ems grant 26,290 26,015 (275) 1000033512 state rev shar1ng 1,460,000 1,725,000 265,000 1000033513 sales tax coll 4,660,000 4,725,000 65,000 1000033710 grants from local un1ts 2,000 2,000 1000033710 .03 aaa of pbc-immunization 400 400 1000033755 macarther foundat10n 75,000 104,170 29,170 1000033759 an1mal svc kennal as 10,000 - (10,000) 525,082 1000034121 zoning fees 17,720 13,320 (4,400) 1000034123 plat approval 28,050 21,450 (6,600) 1000034124 s1te plan approval 74,650 83,450 8,800 1000034125 conditional use 13,650 22,650 9,000 1000034126 abandonment 5,940 3,300 (2,640) 1000034130 nontax maps&pub11cat10ns 1,800 1,200 (600) 1000034130 .01 taxable items 9,000 7,000 (2,000) 1000034131 m1SC land use appl 21,350 20,110 (1,240) 1000034140 cert1f1c,copy & record 50,000 52,000 2,000 1000034364 project inspection fee 35,000 10,000 (25,000) 1000034451 parking fees 385,000 350,000 (35,000) 1000034451 .01 park1ng fees-lots a&b 35,000 30,000 (5,000) 2005 2005 CURRENT ACCOUNT FINANCE YEAR CODE DESCRIPTION BUDGET PROJECTION VARIANCE 1000034724 .07 SWl.m memberships 4,800 (4,800) 1000034750 special event revenue 2,000 50,000 48,000 1000034759 special event-misc. 5,000 (5,000) 1000034770 02 tennis lesson sales 250,000 220,000 (30,000) 1000034770 .05 tennis gen adml.ssl.ons 86,000 75,000 (l1,OOO) 1000034770 .06 sale of merchandl.se 23,500 19,500 (4,OOO) 1000034770 0.7 misc. tennl.S nontaxable 5,500 2,000 (3,500) 1000034770 0.17 misc. tennl.S taxable 1,000 8,000 7,000 (65,980) 1000035110 fines general 330,000 320,000 (10,OOO) 1000035110 .01 handicap tl.cket - PD 95,000 115,000 20,000 1000035110 .03 $12.50 traffic fl.nes 120,000 91,000 (29,000) 1000035110 .04 collection agency 7,500 7,500 (11,500) 1000036101 int fr tax collector 11,000 16,000 5,000 1000036110 interest on investments 270,000 690,000 420,000 1000036112 interest on accts rec 15,000 10,000 (5,000) 1000036221 vending 14,500 12,000 (2,500) 1000036232 tennis stadium 5,000 250 (4,750) 1000036420 land 729,820 729,820 1000036611 adelphl.a-cap access grant 87,500 87,500 1000036670 cra contrl.butl.on 40,000 40,000 1000036930 refund prl.or yr expend 13,500 27,000 13,500 1000036999 match pOl.nt charl.ty 50,000 - (50,000) 1,233,570 1000038114 utl.l tax sl.nk fd 6,000 9,000 3,000 1000038114 special pro) fd - 20,000 20,000 23,000 TOTAL: 61,414,114 64,056,681 2,642,567 2,642,567 GENERAL FUND REVENUES MARCH 31, 2005 (PERIOD 6) FISCAL YEAR 2004-05 General Fund Summary The General Fund budget as of the SIX month period endmg March 31, 2005 totalled $78,032,319 Adjustments of $2,642,567 were made for an amended total of$80,674,886. General Fund Revenue Introduction General Fund revenue collection for the six-month period ending March 31, 2005 totalled $57.939,139 or 74% of the total budget. The City can expect a surplus of $1,399,175. This excludes encumbrances brought forward totaling $76,759. A brief analysis of each revenue category is as follows: Surplus BroUl!ht Forward The surplus amount brought forward ($458,855) is to offset an increase in amount due for Police & Fire Pension contributions ($581,516) and for the balance due for the purchase of the property at 80 Depot Ave ($380,530). This amount is offset by a reduction in the worker's compensatIOn accounts of $473.988 and an additional FEMA reimbursement of$29,203. Encumbrances Brou!!ht Forward The encumbrance amount brought forward ($104,469) will be reduced $27,710 totaling $76,759. This is due to a reclass relative to the MacArthur Foundation Grant. Ad Valorem Tax Revenue Ad valorem tax revenue totalled $38,008,088 or 93% of budget through this period. The City can expect a surplus of $473,000 based on an increase in the projection for current advalorem taxes ($475,000) offset by a decrease in delinquent ad valorem taxes ($2,000). Sales and Use Taxes Sales and Use Taxes totalled $905,945 or 50% of the budget. The City can anticipate realizing a surplus of $50,000 at fiscal year end based on an increase in the projection for optional gas tax revenues. Franchise Taxes The City has collected $1,761,834 or 45% of the budget for this category. The City can anticipate a shortfall of $100,000 at fiscal year end due to a decrease in the projection for ftanchise fees based on electric. Utilitv Taxes Utility Tax revenues totalled $2,075,443 or 50% of the budget. The City can expect a shortfall of $75,000 at budget at fiscal year end due to a decrease in the projection for utility taxes based on electric usage ($80,000) offset by an increase In utility taxes based on gas ($5,000). Other Taxes The communication service tax (CST) revenue collections totalled $1,865,053 or 51% of the budget. The City can expect to be at budget by fiscal year end. Licenses License revenues totalled $648,222 or 95% of the budget The City can anticipate being at budget at year end. Permit Revenues Permit revenues totalled $1,996,954 or 75% of the budget. This compares favorably to prior year history for the same penod of time The CIty can expect a surplus of $159,250. ThIs is based on expected surplus balances in building permits ($75,000). electric permits ($16,750), plumbing permits ($5,000), air conditIOning penn its ($28,250), shutter penn Its ($8,500), seawall/dock penn its ($4.500), roof penn Its ($22,000), no final inspection fees ($4,000), landscaping penn its ($3,250) and miscellaneous pennits ($2,000). This is offset by an anticipated shortfall in landlord/penn it revenues ($10,000) Intert!Overnmental Revenues Intergovernmental revenues are at $3,539,160 or 52% of the budget. The City can antIcipate a surplus of $525,082 at fiscal year end This is due to antIcipated surplus balances expected in state revenue sharing ($265,000), state sales tax collection ($65,000), MacArthur FoundatIon Grant ($29,170), grants from local units ($2,000), AAA of PBCa ImmunIzation Grant ($400), and FEMA grant ($191,787). This is offset by a decrease in the projection for Histone Education Grant ($5,000), Highway Safety Grant ($13,000), PBCO EMS Grant ($275), and Animal Services Grant ($10,000). The increase In the state revenue sharing line item is based on a revision of the State of Florida's estimate as a result of a law that was effective July I, 2004 which increased the percentage of state sales tax revenue distributed into thIs fund. Charl!es for Services Charges for Services totalled $3,080,695 or 51 % of the budget. The City can anticipate being a shortfall of$65,980 at fiscal year end. This is due to an anticipated shortfall in zoning fees ($4,400), plat approval fees ($6,600), abandonment fees ($2,640), non-tax maps ($600), taxable maps ($2,000), miscellaneous land use application fees ($1,240), project Inspection fees ($25,000), parking fees ($35,000), parking meter revenues lots A & B ($5,000), swim membershIps ($4,800), miscellaneous special event fees ($5,000), tennis lesson sales ($30,000), tennIs general admission fees ($ll ,000), sale of merchandise ($4,000), miscellaneous tennis/non taxable ($3,500). ThIs is offset by anticipated surplus balances expected in site plan approval fees ($8,800), conditional use fees ($9,000), certification/copy fees ($2,000). miscellaneous tennis/taxable ($7,000), and special event revenue ($48,000). Fines and Forfeitures Fines and Forfeitures totalled $508,636 or 49% of the budget. The City can anticipate a shortfall of $11 ,500 at fiscal year end. This is due to a decrease in the projections for general fines ($10,000), and $12.50 traffic fines ($29,000). This is offset by an increase In the projections for handicap fines ($20.000) and collection agency ticket revenues ($7,500). Interfund Transfers Interfund Transfers are at $3,000 or 50% of the budget The City can anticipate a surplus of $23,000 due to an increase in the projection for the transfer from the Utility Tax Fund ($3,000) and for a transfer from the Special Projects Fund ($20,000). Contribution from Other Funds Contributions from Other Funds are at $1,605,730 or 50% of the budget. The City can anticipate being at budget at fiscal year end Recoverv of Administrative Costs Recovery of Administrative Costs is at $991,000 or 50% of the budget. The City can anticipate being at budget at fiscal year end. Miscellaneous Revenue Miscellaneous revenues totalled $884,910 or 100% of the budget. The City can anticipate a surplus of $538,840 fiscal year end This is primarily due to an increase in the projectIOn for interest earnings ($420,000), sale of land ($729,820). Adelphia Cap Access Grant ($87,500), CRA contribution ($40,000), interest from tax collections ($5,000), and refund of prior year expenditures ($13,500) This is offset by a decrease In the projectIOn for interest on account receIvable ($5,000), vending ($2,500), tennis stadium ($4,750), and Match POInt charity revenue ($50,000). It should be noted that there is an additional surplus in assessment revenue ($78,000) and the Hurricane Charley revenue ($46,000). The surplus for these two items will not be allocated at mid-year since it IS a reimbursement of prior year expenditures. ---- Mid Year Budget Amendment Fiscal Year 2004-2005 General Fund Expenditures The General Fund expenditures total $41,712,913 or 52% of the proposed amended budget of $80,674,886. The departmental adjustments overa\1 total $2,554,253. A brief justification of departmental adjustments is as fo\1ows: General Government Services This category includes the legislative and administrative departments of the City and the misce\1aneous division. The increase in General Government expenditures totals $55,635. The increase of $9,570 in the City Commission's budget covers the City Commission Salary increase in April 2005 (and related benefits). The City Manager's and Human Resources' Departments surplus of $2,223 and $2,679, respectively, are due to a reduction in the premium trom the budgeted amount for General Employee Pension and worker's compensation. The Public Information Department's increase of $15,490 is due mainly to the Adelphia Franchise and I-Net Agreement which has a revenue offset The City Clerk's and Finance Admmistration's Departments surplus of $4,306 and $12,084, respectively, are due to a reduction in the premium trom the budgeted amount for General Employee Pension and worker's compensation. The City Attorney's budget increase of $44,574 is needed to offset anticipated budget shortfa\1 m the professional services account. Administrative Services Divisions' request of $7,247 covers projected overruns for temporary services and also a computer and desk for the Assistant City Manager in the amount of$2,735. The increase to the MIS budget of $62,430 is due mainly to items related to the Adelphia Franchise and I-Net agreement which has a revenue offset. The increase of $4,988 to the Planning and Zoning division will cover the budget for the Historic Preservation Grant and additional mailmg. Some of these expenses are offset in the department due to a reduction in the general employee pension contributions and the removal of the Historic Education Brochure Grant. The reduction in the Engineering budget of $17 ,073 is due to a reduction in the premium trom the budgeted amount for General Employee Pension and worker's compensation. The reduction in the Public Works Building Maintenance division of $50,299 is due mainly to partial removal of salary and related benefits for the Building Maintenance Supervisor position which has been vacant for six months. The increase to misce\1aneous expenditures in the other current charges account ($88.314) are hurricane related expenses that are offset by FEMA funds. Cultural and Recreation This category includes the Parks and Recreation Department, the Old School Square Grant and Library and misce\1aneous cultural and recreational grants. The increase in this category is $304. The Parks and Recreation Department's decrease of$164,006 is due mainly to reduction in the Catherine Strong and Cultural and Facilities Maintenance division budgets as a result of the delay in parks being completed and $93,904 in reduced worker's compensation rates. ------...----- Mid Year Budget Amendment Fiscal Year 2004-2005 The Tennis Operations Department's net increase is $164,310 due mainly to expenses related to the Federation Cup Tournament. Public Safety This category includes the Police and Fire Departments and Community Improvement. The Department budgets m this category represent 54% of the general fund budget total. The increase in the Public Safety budget category equals $1,175,072. The Police Department's budget is 52% expended at 50% budget period lapsed. The bulk of the anticipated shortfalls are in police overtime, $195,870, tennination pay for employees who are choosing the early retIrement option, $380,088, related expenses such as FICA and an additional $296,869 needed for Police & Fire Pension contributions. The Fire Department's budget increase of $141,426 mcludes $100,000 to cover an anticipated shortfall in the overtime account for the Fire Operations division, $13,180 for radio maintenance that is no longer under warranty, an anticipated shortage of $14,600 in the vehicle maintenance account and an additional $284,647 needed for Police & Fire Pension contributions. Most of these costs are offset by anticipated overages in salary accounts. The Community Improvement budget shows a decrease of $72, 191 This includes the cost of two new lenses for a nine year old microfiche machine, but is offset by the partial reduction of salary and benefits of two positions (Plan Reviewer II and Rental Housing Inspector) which have been vacant for six months. Phvsical Environment This category consists of Public Works AdministratIOn and the Cemetery, reflects an increase of $52,868. The increase primarily covers the Cemetery's irrigation budget over run of $45,745 and the cost to repair the hydraulic irrigation system of$12,500. Transportation This category includes the Public Works Department. The department has four divisions, Streets, Traffic Operations, Parking, and Street Lighting. There is net departmental increase of $12,273. A $12,000 increase is requested by the Streets division to cover cost of concrete that has increased from $72 a yard to S96 a yard. $10,645 is being requested by the Traffic OperatIOns division for additional signs and supplies that were needed after last year's hurricanes. Economic Environment This grouping shows a net increase of $59,460 This balance includes $19,460 for the remaining project balance for the MacArthur Foundation and $40,000 to budget the CRA's contribution for services associated with the SW Area Neighborhood Plan. Debt Service The $40,900 decrease in debt service category is due to a decrease in budgeted principal. Other Financin!! Uses This category accounts for inter-fund transfers. The increase in the budget of $1,392,867 is a transfer to the Garage Fund ($317,607) and a transfer to the general construction fund ($1,075,260) for the purchase of the property at 80 Depot Ave. Mid Year Budget Amendment Fiscal Year 2004-2005 Reserves City Manager's Contingency, after all adjustments to balance revenues to expenditures were made. reflected a net decrease of $153,326. Transfers to the departments totaled $2,657,377 which were partially offset by department surpluses of $887,237. Other Funds Law Enforcement Trust Fund No changes or adjustment to this fund. Special Proiects Fund This fund will have an increase of $20,000 which will be transferred to the general fund as a repayment for the Public Arts Trust Account which has been closed. Communitv Development Fund Fiscal Year 2003/04 balances for Neighborhood Housing, SHIP, Hope III programs and remainmg Housing Rehabilitation Block Grant balances were brought forward. Total brought forward is SI,912,252. Beautification Trust Fund This fund will result in a overall decrease of $37,500 Revenues are being decreased due to a project removal. Additional expenses include irrigation which is offset by partial reduction in salary and benefits for a position that was vacant for 5 months and a $29,512 reduction in the project reserve. Beach Restoration Fund This fund will offset requests for increased sea turtle momtoring and an additional task of emergency monitoring with an increase ofPY surplus of $79,060. General Construction Fund This fund will result in an overall increase of $l, 731,943 due in part to an increase in PBC Grant of $202, 100, developer contribution for bus shelters of SI5,000, budgeting the remaining balance of CRA contribution towards the SWfNW Project of $68,000, budgeting of$315,018 of Delray Beach library funds received for a change order and a transfer from the general fund of$1.075,260 for the purchase of the property at 80 Depot Ave. Sanitation Fund This fund will result in an overall increase of $1,127,682 due to collection of FEMA Funds. This amount plus a small amount for reduction in general employee pension costs are being added to the other current charges account in sanitation to cover unanticipated costs due to the hurricanes. Water and Sewer Fund This fund will include a decrease in revenue and expenditure of $150,000 each due to the decrease in the SFWMD Grant. An additional $415,240 will be collected for reimbursement of construction costs for the reclaim water transmission project approved at the City Commission Meetmg on 2/1/2005. Other expenditures totaling $32,810 are related to hirmg a new Water Meter Reader at mid year There will also be an increase in revenue and expenditure in the amount of $7,150 to record receipt of reimbursement from Wood Partners for items mstalled at Alta Meadows. Overall this fund will increase by $272,390. ----- Mid Year Budget Amendment Fiscal Year 2004-2005 MuniciDal Golf Course Changes in revenues and expenditures were made based on year to date figures and staff changes. The net result is an overall fund reduction of $31,185. Lakeview Golf Course Changes in revenues and expenditures were made based in year to date figures. The net result is an overall fund reduction of $43, 110. Stormwater Utili tv Fund This fund will increase by $3,216 due to an increased encumbrance for the SE 7th Ave project. Garaee Fund This fund will increase by $587,230 to correct under budgeted hne items and to provide fundmg for purchase of eIght vehicles and one fire apparatus. Insurance Fund An increase of$134.600 will be made to this fund to record hurricane related costs covered by FEMA. City of Delray Beach Memo To: City Commission From: City Manager ~1 cc: Date: June 3, 2005 Re: Request to Increase Pension Payments to Retired Police Officers and Firefighters Attached is a request from a police officer and firefighter who retired prior to September 30, 1993 (when the Police and Fire Pension Plan was amended to provide for annual COLA's) that the City increase pension benefits for those retirees. The Police and Fire Pension Board has endorsed this request. Pension benefits for these employees have been Increased by the City in the past. This last occurred in 1999. Also attached IS an actuarial study giving the cost to the City for Increasing these benefits 5% (the minimum recommended by the Board) and 15.7% (the increase in the Consumer Price Index since 1999). The annual cost to the city for this increase would be either $43,340 or $149,692 for the next 15 years. This is a total cost to the City of $650,100 or $2,245,380 respectively. These Increased costs would be in addition to the $556,121 additional contribution required for this year above what we initially budgeted, due to state requirements, and the additional $611,313 increase we are required to make for FY2006. If an increase IS granted to police and fire retirees, then the same increase should also be granted to general employees We have not determined the actuarial costs for a general employee increase. It is my personal opinion that it is one's own responsibility to do financial planning for one's retirement, including the effects of inflation, and that one should not looks to one's former employer to increase ones pension benefits beyond what was agreed to when one was an active employee. Recommendation: Commission discretion. 1 <1K --- ----- - - '. '. . . . .. 6304 Indian Wells Blvd. Boynton Beach, FI 33437 March 15,2005 Mr. Bill Adams, Chainnan Delray Beach Police And Firefighters Pension Board 100 N. W. 1st Avenue Delray Beach, Fl 33444 Dear Mr. Adams: Weare writing this letter on behalf of police and fire retirees who retired ITom the city prior to September 30, 1993. The retirees are seeking your support and approval for a reasonable increase In their monthly pension benefit, which is surely needed. Our last increase was about six years ago in 1999. Prior to that, it was more than ten years ago in 1988. The problem with the retirees under the previous pension plan is that there is no built in cost of living in it , and the only way this group can receive any additional monthly increase is to Periodically ask the city commission. As you are aware, the police officers and firefighters who Retired since 1993, not only have an overall better pension plan, but also a yearly cost ofliving benefit. We respectfully ask that the pension board discuss a request of at least a 5% increase to the retirees' monthly checks at your next scheduled meeting and forward your recommendation to the city manager and the city commission for such an increase. The retirees feel that this request is Very fair under the circumstances because of the comparable differences in benefits and the last Increase was about six years ago. Hyou need additional information please call us at 561-735-1119 (Lorenzo Brooks) or call Al Semosh at 561-272-4856. Thank you very much for your assistance in this matter. S1;IY, tPlil 1.0 ~rooks' ReI;. Captain Deltay each Police Dept. ~~~cJ Alexander Semosh, Retired Lieutenant Delray Beach Fire Dept. -------- J . .. " ~ ft@e!'VED MAY 2 - 2005 Board of Trustees CJTY MANAGEt:t CITY OF DELRAY BEACH POLICE AND FIREFIGHTERS RETIREMENT SYSTEM c/o Anne Woods Pension Administrator .~ 609 Homewood Boulevard Delray Beach, Florida 33445 Telephone (561) 243-4707 '~ MEMORANDUM . 5~/()-ð5C7?J TO: David Hardin, City Manager FROM: Chief William Adams, Chairman ~ SUBJECT: Benefit Enhancement for Retirees (Prior to September 30.1993) DATE: April 27, 2005 The Board of Trustees of the City of Delray Beach Police and Firefighters' Retirement System held its monthly meeting on April 20, 2005. One of the items on the agenda was a request rrom two retirees asking that the Board support an increase for those Police and Fire Department officers who retired prior to September 30, 1993. (Letter attached) As you know, these individuals have no contractual benefit enhancement. However, the City Commission has periodically authorized adjustments to their monthly benefits recognizing that the cost of basic essentials such as health care and food has gone up drastically over the last several years. The Board discussed this issue with the two retirees and approved a motion to endorse an adjustment to the benefits this group of retirees receives. Because it has been at least five years since any increase has been approved by the City Commission, the Board feels that an increase of at least 5% would be justified. Please feel rree to contact me if you need additional information or have any questions. Your assistance in this matter is appreciated. C: Lorenzo Brooks Al Semosh Attachment ·.~þ~. . .~. -'. ... . l$J~' f.~ '.:::~ , £IT' DF DELAA' BEAtH ~, , DELRA Y BEACH ". ~ ",-. ~ , L 0 It I D A " , ~- '~ ~ - b.e.d ,_.__ 'y~' i:.-'-~ _ ~ ,¡ -' 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 561/243-7000 AlI·Amerlca City , 'II'! May 12, 2005 1993 Gabriel, Roeder, Smith and Company ORIGINAL ALSO FAXED TO: 9S4-a2S..o083 2001 ATTENTION: J. Stephen Palmquist 301 East Las Olas Boulevard, Suite 200 Fort Lauderdale, Florida 33301 SUBJECT: Police and Firefighters Retirement System COLA for Retirees prior to September 30, 1993 REQUEST FOR COST OUT Dear steve: We are in receipt of a request for consideration of an increase of at least 5% for Retirees prior to September 30, 1993. We ask that you please complete the cost out for this request. Should you have any questions or need any further infonnation, please feel free to contact me at 561- 243-7116 (or via e-mail at saffordl@ci.delrav-beach.fI.ust SIncerely, ~~ Joseph M. safford Director of Finance Ikms * PrItt'*1 on Recyoled PepfH' THE EFFORT ALWAYS MATTERS GABRIEL, ROEDER, SMITH Ie COMPANY Consultants Ie Actuaries 301 East Las Olas Blvd.. Suite 200. Ft. Lauderdale, FL 33301-2254.954-527-1616. FAX 954-525-0083 May 23, 2005 Mr. Joseph Safford Director of Finance City of Delray Beach 100 Northwest 151 Avenue Delray Beach, Florida 33444 Re: Supplemental Actuarial Valuation Report for Police and Firefighters Retirement System Dear Joe: As requested per your May 12, 2005 letter, we have prepared the enclosed Supplemental Actuarial Valuation Report showing the cost effect of the following changes: 1. Granting a one-time cost-of-living adjustment of 5% to those members who retired before September 30, 1993. 2. Granting a one-time cost-of-living adjustment of 15.7% to those members who retired before September 30, 1993, where 15.7% is the actual CPI increase (through March 2005) since the last one-time COLA on August 1, 1999. The first item results in an annual increase in the required employer contribution of $43,340, or 0.28% of covered payroll. The second results in an annual increase in the required employer contribution of $136,082, or 0.88% of covered payroll. The baseline for these figures is the revised October 1, 2004 Actuarial Valuation Report. Annual pensions for the 50 affected retirees would increase by $47,674 if a 5% increase is granted or by $149,692 if a full CPI increase of 15.7% is granted. The average increase in annual pension would be $953 under a 5% increase or $2,993 under a 15.7% increase. We welcome your questions and comments. Sincerely yours, , ~~ J. Stephen Palmquist JSP/ss Enclosures - SUPPLEMENTAL ACTUARIAL VALUATION REPORT Plan City of Delray Beach Police and Firefighters' Retirement System Valuation Date October 1, 2004 Date of Report May 16, 2005 Report Requested by Director of Finance Prepared by J. Stephen Palmquist Group Valued Inactive members who retired before September 3D, 1993. Plan Provisions Being Considered for Change Present Provision Before Chance 1. Inactive members who retired before September 3D, 1993 received their last benefit increase in August 1,1999. ProDosed Chances 1. Inactive members who retired before September 3D, 1993 would receive a benefit increase of 5%. 2. Inactive members who retired before September 30, 1993 would receive a benefit increase of 15.7% to reflect the actual increase in the CPI since August 1, 1999. ParticiDants Affected Inactive members who retired before September 30, 1993. ------- - Actuarial Assumptions and Methods Same as October 1, 2004 Actuarial Valuation Report with no exceptions. Some of the key assumptions/methods are: Investment return - 8.5% per year Salary increase - 6.0% per year Cost Method - Entry Age Amortization Period for Any Increase in Actuarial Accrued Liability 15 years Summary of Data Used in Report See attached page. Actuarial Impact of Proposal(s) See attached page( s). Special Risks Involved With the Proposal That the Plan Has Not Been Exposed to Previously None. Other Cost Considerations None. 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' c: c: 0)..... c: c: 0) ''I;¡f :'I!.- « « fl. « ;:~. 0) « «... 0) « «... 0) « « ¡'jiI ? :'íü . ...."'C 0) 0) 0) (1)' .... !XI 0) (1) )- ....!XI (1) 0) ~ .... ca (1) (1) .. ·1Ie 0) 0) 0)0)0)0) tn (1)- 0)0) ~ 0)- 0)0) _ 0)- 0)0) "0-, _._, .£) L.. m m m m 'UJ' .£) as m m - .a as m m .... .£) as m m ~~" IØ E 0) r.; r.; r.; r.; . w" E ~ r.; r.; ..J E ~ r.; r.; Z E ~ r.; r.; .~J~;.," .... . ~ i!) g! g! g! g! 0: ' ~ 2 g! g! iD . ~ 2 g! g! :¡; ~ 2 g! g! ...-. I c:;. Zü«««« '-'. Z««« < Z««« .-:: Z««« i . ... fI) It: I' IU - W .! ; 1II:ria.:. Q .... ;'" ~ J [IT' DF DELRAY BEA[H CITY ATTORNEY'S OFFICE :'()f '\\\" hrWL'\1 I:' !)[LR....'y· BEACH. FLORID.... ~3444 TI·I EPHO'\F 'ic, !/24.'· :!il)f¡ . F \C SI\lILE "61/278·4 7'i5 DELRAY BEACH Writer's Direct Line: 561/243-7091 fOR If)", Dad All-America City , III I! DATE: MEMORANDUM May 19, 2005 1993 TO: City Commission 2001 David Harden, Ci~anager Þ-.--tf\..-,j-- FROM: Brian Shutt, Assistant City Attorney SUBJECT: Settlement Offer in Wondra v. City of Delrav Beach This case arose from an accident that occurred on September 16, 2003 at approximately 5:00 p.m. At that time, the plaintiff, Dennis Wondra, was exiting a vehicle that parked along A-1-A adjacent to the north end of the municipal beach, he was barefoot as he was planning on going to the beach. As Mr. Wondra stepped out of the vehicle he stepped on the base of a parking meter pole that had been partially removed by the City, which resulted in a laceration to his right foot. Paramedics responded to treat Mr. Wondra. Mr. Wondra was transported to the hospital by a friend. Mr. Wondra has incurred approximately $9,300.00 worth of medical expenses. After Mr. Wondra's foot healed from the initial operation he still felt pain in the foot which resulted in gait problems which caused chronic ankle sprains. On May 24, 2004 Mr. Wondra had a second surgery to remove metal fragments at the suture site of the original injury. These fragments were removed. Mr. Wondra worked in the pool business and claims that he lost a substantial sum of money given the fact that he could not work for a period of time due to the accident. Mr. Wondra also claimed that he not only lost money by not working but since he was a partner in the pool business he lost out on jobs in which he would have also received a percentage of the profits. The City's adjuster has made a conservative estimate of the loss of income to be around $45,000.00. Mr. Wondra's loss of income claim is much higher. The Plaintiff's attorney, on behalf of his client, has offered to settle this case for $34,000.00, 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. q~ - . . Our office requests that this item be placed on the June 7. 2005 City Commission agenda. If you should have any questions, do not hesitate to call. cc: Chevelle Nubin, City Clerk I _..., .r. """r",, -"" r . '._IU".' ~ CITY COMMISSION DOCUMENTATION TO: DAVID T. :rø~1 AGER THRU: PAUL DO lNG, DIRECTO F PLANNING AND ZONING FROM: JEFFREY A. COSTELLO, SIST ANT PLANNING DIRECT SUBJECT: MEETING OF JUNE 7, 2005 PRIV A TEL Y -INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.4.18(B)(4) TO ADD VOCATIONAL AND COMMERCIAL SCHOOLS WITHIN THE SERVICE INDUSTRY LAND USE CATEGORY OF THE PLANNED COMMERCIAL CENTER (PCC) ZONING DISTRICT AND SECTION 4.4.18(E)(5) ADDING SUPPLEMENTAL REGULATIONS REGARDING VOCATIONAL SCHOOLS. C -- - ---- -. -.. -. --.------.-. .------.-.---.-=;) B~~~~ROUN.~,~~:N~~~SIS . _ ~.~...-.--~--==-~- I! -- -..-- . . A privately-initiated amendment to the PCC zone district regulations has been requested to allow vocational schools in the Service Industry land use component of the PCC. The request was submitted by Delray Youth Vocational Charter School, which is currently located at the South Tech campus in Boynton Beach. The school wishes to occupy/purchase two bays totaling approximately 5,519 sq. ft. within the Congress Commerce Center development. The school serves students between 16-21 years old and currently has 24 students enrolled. Based upon conversations with the applicant, the school wishes to increase its enrollment to 100 students. The academic curriculum focuses on building skills in the areas of language, arts, mathematics, science and life skills. The technical curriculum focuses on automotive education and vocational programs. The applicant has stated that students continuously conduct assignments/repairs on a vehicle until the skill is mastered. (An example is a group of students replace the brakes and then another group of students conduct the same assignment/skill). The applicant has stated he does not wish to have an inventory of vehicles on the site and that the vehicles they do have will be stored inside the structure. A detailed description of the school and an analysis of the LDR amendment are found in the attached Planning and Zoning Board staff report of May 23, 2005. I _......_._.____ ..",111 ........_."....,...'.."111. " .. ~ ........ I. '" ,. ~ ~ PLANNING AND ZONING BOARD CONSIDERATION ....".,.' ...__ I I...... I At its meeting of May 23, 2005, the Planning and Zoning Board held a public hearing regarding the amendment. There was public testimony in support of and in opposition to the proposal. The Congress Commerce Center Condominium Association expressed concerns with regard to parking and the automotive repair aspects of the school. The Board felt the proposed supplemental regulations addressed the concerns regarding the repair aspects and that site plan related items would be addressed through the site plan modification process. After deliberating, the Board voted 4-0 (Kincaide, Morris & Zacks absent) 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). - __.n __ _ ._ . .. . . -- .. -..,.......-::--=- .. - -.'- .",- ~ C" . ...... .. .. . . RECOMMENDED ACTION ._-~~~..'.' ~. .. - - .. ... . - . --. - ---.---- ----- .. .. . -. . . - .. -- --- -. --. .... ..--.----.. - . -- ... -- -... ----- Move approval on first reading the ordinance amending Land Development Regulations (LDRs) Section Section 4.4.18 (B)(4) Planned Commerce Center (PCC), to add vocational and commercial schools within the Service Industry land use category of the PCC zoning district and adding Subsection (E)(5) providing related supplemental regulations, 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 21, 2005. Attachments: Proposed Ordinance & Planning and Zoning Board Staff Report of May 25, 2005 \\)/\ --~---- ORDINANCE NO. 40-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING SECTION 4.4.18, "PLANNED COMMERCE CENTER (pCC) DISTRICT", TO ADD VOCATIONAL AND COMMERCIAL SCHOOLS WITHIN THE SERVICE INDUSTRY LAND USE CATEGORY OF THE PLANNED COMMERCE CENTER (pCC) ZONING DISTRICT AND ADDING SUPPLEMENTAL DISTRICT REGULATIONS FOR SAME; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on May 23, 2005 and voted 4 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. WHEREAS, the City Commission of the City of Delray Beach supports education and educational facilities including vocational and commercial schools; and WHEREAS, the City Commission of the City of Delray Beach desires to allow vocational and commercial schools to be located within the Planned Commerce Center (pCC) Zoning District in order to provide more educational opportunities for its citizens. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.18, "Planned Commerce Center (pCC) District", Subsection 4.4.18(B)(4), "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: (4) 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. The area which may be devoted to "Service Industry" uses within a PCC is limited to twenty-five percent (25%) of the total land area of that PCc. Repair of equipment and materials associated with the service is also permitted at this central location, except as restricted below. All aspects of these uses must be accommodated within a structure except for overnight storage of vehicles used by the business. Uses which are allowed within the "Service Industry" classification include: · Assembly, fabrication, wholesale, and storage per Section 4.4.18(B)(2) when such use is limited to no more than 5,000 square feet per tenant. · Land Development Services (e.g. surveying, soils testing, mapping, architectural, engineering). · Food catering establishments, preparation and storage only (no food served on premises). · 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). · Limousine services with no vehicle repair or detailing on the premises. · Business Services (e.g. photocopying/ printing, photo finishing, provision of office equipment and furnishings, delivery services, computer and data processing services). · Educational Facilities e.g. vocational schools. commercial schools (sales. real estate. personal development. etc.) · Limited Retail Trade only as a secondary use within anyone building, but only to the extent that the floor area for all retail use (either accessory to the service industry use or not) shall not exceed twenty-five percent of the floor area of the total building. Although the intent of the PCC does 2 ORD. NO. 40-05 not encourage retailing of items other than at the designated "retail center", additional retail uses may be allowed in the service Industry areas shown on the MDP. Such retail use may involve the sale of products associated with an established service industry use or may involve any of he following products: · apparel and accessories · appliances · baked goods · building materials and garden supplies · camera and photographic equipment and supplies · furniture and home furnishing · hobbies, games, toys · jewelry, gifts, novelties · luggage and leather goods · radlO, television, and communication products · sporting goods Section 3. That Section 4.4.18, "Planned Commerce Center (pCC) District", Subsection 4.4.18(E), "Supplemental District Regulations", 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: (E) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply with the exception of those pertaining to the following: (1) Truck and Equipment Storage: Trucks in excess of one (1) ton carrying capacity shall be parking in rear or interior side yards. They shall be screened from the view of adjacent properties or any (adjacent) public right-of-way in a manner approved by the Site Plan Review and Appearance Board. Industrial equipment (including bulldozers, cranes, drag lines, derricks, tractors, and other implements for moving equipment or construction) must be stored within fully enclosed buildings overnight or when otherwise not in use, or they shall be screened from the view of adjacent properties or any (adjacent) public right-of-way pursuant to requirements which may be specified within the Master Development Plan, as approved. (2) Overhead Doors: Overhead doors are prohibited from facing an adjacent public right-of-way with the exception of the right-of-way of 1-95. 3 ORD. NO. 40-05 (3) Underqroundinq of Utilities: Within the boundary of a PCC all utilities, including telephone, television cable, and electrical systems shall be installed underground. Primary facilities providing service to the site may be granted a waiver from the undergrounding requirement. Appurtenances to utility systems which are normally located above are exempted from the undergrounding requirement; however, when located above ground they shall be screened in a manner approved by the Site Plan Review and Appearance Board. (4) Maintenance of Common Areas: All common open space shall conform to its intended use, per the MDP, through deeds, covenants, or other arrangements, as approved by the City Attorney, and which run with the land. (5) Educational facilities which train in the repair of motorized vehicles or equipment must store vehicles and! or equipment used for training purposes within a fully enclosed building. shall not service motorized vehicles for the general public or conduct sales of such items. and overhead doors should remain in a closed position. except for delivery or removal of the vehicles and vehicle testing. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. 4 ORD. NO. 40-05 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 5 ORD. NO. 40-05 p~lRf': 1fAP! DUIt~YlEACH ~__Â~~ ~ fijir PLANNING AND ZONING BOARD AlI-_City , 'III,! MEMORANDUM STAFF REPORT 1':Nì 1941 2001 2001 MEETING DATE: MAV 23,2005 AGENDA ITEM: IV.I. PRIVATEL V-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.4.18(8)(4) TO ADD VOCATIONAL AND COMMERCIAL SCHOOLS WITHIN THE SERVICE INDUSTRY LAND USE CATEGORY OF THE PLANNED COMMERCIAL CENTER (PCC) ZONING DISTRICT. Il - " _ ~~M·BËFOR"t;~!~~~~~Q~~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 4.4.18(B)(4) Planned Commerce Center (PCC), to add vocational and commercial schools within the Service Industry land use category of the PCC zoning district, pursuant to LOR 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. I..~.~_~B~~O~~D _~DR iÊXT ~MEÑ·DM~NT I DEVE~ÖP-MEÑT' PRÕPö'SAL .-.----'! An amendment to the PCC zone district regulations has been requested to allow vocational schools in the Service Industry land use component of the PCC. The request was submitted by Delray Youth Vocational Charter School, which is currently located at the South Tech campus in Boynton Beach. The school wishes to occupy/purchase two bays totaling approximately 5,519 sq. ft. within the Congress Commerce Center development. The school serves students between 16-21 years old and currently has 24 students enrolled. Based upon conversations with the applicant, the school wishes to increase its enrollment to 100 students. The academic curriculum focuses on building skills in the areas of language, arts, mathematics, science and life skills. The technical curriculum focuses on automotive education and vocational programs. Other aspects include G.E.D. and other standardized test preparation, life management skills and professional development. School hours are typically 1: 15 p.m. to 8:00 p.m. and the school follows the Palm Beach County school calendar. The applicant has stated that students continuously conduct assignments/repairs on a vehicle until the skill is mastered. (An example is a group of students replace the brakes and then another group of students conduct the same assignment/skill). The applicant has stated he does not wish to have an inventory of vehicles on the site and that the vehicles they do have will be stored inside the structure. The proposed text amendment is to add the following use to the Service Industry category [LOR Section 4.4.18(B)(4)]of the PCC zone district: IV.I. Planning and Zoning Board Staff Report LDR Amendment - PCC zone district regarding Vocational Schools Page 2 "Educational Facilities e.g. vocational schools, commercial schools (sales, real estate, personal development, etc.)" [ r _ __ _ - _-== ._ ___ . _ . LDR T~~! _~~ENDME~!:~N~~ ~~!S -:__ - - r - - ----- ----- ---------- .. . - . ----.-- - - LDR Section 2.4.5(MH5} 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 PCC zone district is an industrial district that is applied to a master planned industrial park. The purpose and intent of the PCC zone district is to provide for a mix of light industrial, service industrial, research and development, office, and limited commercial use in an Industrial Park setting which is planned and then controlled through a master development plan. It has more stringent requirements than other industrial zoning districts and does not have any listed conditional uses, which typically are conducted outside or have significant amount of outside storage associated with the use. LOR Section 4.4.18(B)(4) of the PCC zone district states that "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 the central location, and all aspects of these uses must be accommodated within a structure except for overnight storage of vehicles used by the business." Since being enacted in 1985, the PCC zoning district regulations have been modified twice, which only related to the Service Industry land use category. At its meeting of June 20, 2000, the City Commission approved an LOR text amendment to allow Limousine services with no vehicle repair or detailing on the premises as a permitted use in the Service Industry category of the PCC zoning district. More recently on September 21, 2004, the City Commission approved an LOR amendment to allow Food catering establishments, preparation and storage only (no food served on premises) in the Service Industry category of the PCC. Currently, within the Office Center land use category of the PCC zoning district Educational Facilities e.g., vocational schools, commercial schools (sales, real estate, personal development, etc.) [ref. LOR Section 4.4.18(B)(1 )]. Vocational schools are also listed as a permitted use in the MIC (Mixed Industrial and Commercial) zoning district under "Business and Professional Offices" [ref. LOR Section 4.4.19(B)(3)]. The PCC zoning district does not allow automotive repair or industrial uses that may be conducted outside or have significant amount of outside storage. The potential negative impacts of these uses are the basis for listing them as conditional uses in the MIC zoning district and not allowing them in an industrial park setting such as the PCC. As stated above, the Service Industry category allows the repair of equipment and materials associated with the service. Service Industry also permits the overnight storage of vehicles provided they are screened from view of adjacent properties or public right-of-way in a manner approved by the Site Plan Review and Appearance Board. In addition to the uses Planning and Zoning Board Staff Report LOR Amendment - pee zone district regarding Vocational Schools Page 3 that provide an off-site service, industrial uses are also allowed when the use is limited to no more than 5,000 sq. ft. per tenant. The concerns with auto repair relate to parking impacts, noise and aesthetics of the use itself as it relates to the storage of vehicles, overall property/business maintenance, and extensive use of overhead doors. Thus, there are concerns with the automotive repair skills/training aspects of the school and similar schools. This was also a concern with a prior request to add limousine service in the PCC. Therefore, the applicant's request for limousine service included a provision "with no vehicle repair or detailing". In order to alleviate these concerns and to prevent any future requests to amend the LORs to allow auto repair or detailing operations in the PCC and to clearly distinguish the school from an auto repair facility, additional restrictions are necessary. The automotive education program of the school is only one aspect of the overall curriculum. This aspect of the school curriculum will be incidental to the overall program. As such, it will not occur throughout the day, every day, which is clearly different from an auto repair facility. The applicant has stated he does not wish to have any inventory of vehicles on the site and that the vehicles they do have will be stored inside the structure. In addition to requiring vehicles used for training to be stored inside, to mitigate any potential noise and alleviate concerns with the appearance of the operation, the overhead doors should remain in closed position, except for delivery or removal of the vehicles and vehicle testing. This would require the installation of some type of air conditioning device such as a/c ducts, fans and/or vents. There should also be no service of vehicles for the general public or vehicle sales. Site Plan Modification: If the text amendment is approved, a site plan modification must be processed to accommodate the proposed school. The site plan modification must address development regulations such as parking, student drop-off/pick-up and vehicle stacking. The maximum capacity of the school will be based upon the ability to comply with the development regulations. 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. The proposed LOR amendment provides additional flexibility to accommodate an educational need. While the amendment does not fulfill a specific Goal, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. 11~(··~."f_::. n _ ._~._- __ . ..~:_ __~--~~ECOM~~~~~?-:!,CTIO~_ -~ _ ____.__~=~_-:~~~ . _ . _ j Conaress Commerce Center Condominium Association. Inc. A letter of objection has been provided by the Congress Commerce Center Condominium Association, Inc. objecting to the proposed amendment based upon the auto repair aspect of the use as well as parking. A copy of the letter has been attached. Planning and Zoning Board Staff Report LOR Amendment - PCC zone district regarding Vocational Schools Page 4 Courtesy Notices: Courtesy notices have been provided to the following civic associations: · PROD (Progressive Residents of Delray) · President's Council Additional letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. II' -~-- - _. _ --- --.-.. - ..-. --- -- - - .. . .---.- --... . --::.==:," ---- ------ "--------- AL TERNA TIVE ACTIONS --....,=-=. --,-..1 ---- ---- . . --.-- .. ------- -- .. --.----.. .. - . . - - . . ..--.--- - -- .- -.--- - - . -------- 1. Continue with direction. 2. Move to recommend to the City Commission approval of the amendment to the Land Development Regulations Section 4.4.18 Planned Commerce Center (PCC), to add vocational and commercial schools within the Service Industry land use category of the pce zoning district, 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. 3. Move to recommend to the City Commission denial of the amendment to the Land Development Regulations Section 4.4.18 Planned Commerce Center (PCC), to add vocational and commercial schools within the Service Industry land use category of the PCC zoning district, 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 criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ~_~~~~ '.._____ no. ------ .- - -. -- ... - -.-. ... .--. - . . RECOMMENDED ACTION ----- -------- -------.-----------------------... - -- - - -. ... ...---.. ----.----- --.----- Move to recommend to the City Commission approval of the attached amendment to the Land Development Regulations Section 4.4.18 Planned Commerce Center (PCC), to add vocational and commercial schools within the Service Industry land use category of the pec zoning district, 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. Attachments: · Proposed Amendment · Letter of objection - Commerce Commerce Center Condominium Association, Inc. · Site Plan Planning and Zoning Board Staff Report LDR Amendment - pee zone distrrct regarding Vocational Schools Page 5 PROPOSEDLDRAMENDMENT (4) 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. The area which may be devoted to "Service Industry" uses within a PCC is limited to twenty-five percent (25%) of the total land area of that PCC. Repair of equipment and materials associated with the service is also permitted at this central location, except as restricted below. All aspects of these uses must be accommodated within a structure except for overnight storage of vehicles used by the business. Uses which are allowed within the "Service Industry" classification include: · Assembly, fabrication, wholesale, and storage per Section 4.4.18(B)(2) when such use is limited to no more than 5,000 square feet per tenant. · Land Development Services (e.g. surveying, soils testing, mapping, architectural, engineering). . Food catering establishments, preparation and storage only (no food served on premises). · 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). . Limousine services with no vehicle repair or detailing on the premises. · Business Services (e.g. photocopying! printing, photofinishing, provision of office equipment and furnishings, delivery services, computer and data processing services). · Educational Facilities e.ç . vocational schools. commercial schools (sales. real estate, personal development. etc.) · Limited Retail Trade only as a secondary use within anyone building, but only to the extent that the floor area for all retail use (either accessory to the service industry use or not) shall not exceed twenty-five percent of the floor area of the total building. Although the intent of the PCC does not encourage retailing of items other than at the designated "retail center", additional retail uses may be allowed in the service Industry areas shown on the MDP. Such retail use may involve the sale of products associated with an established service industry use or may involve any of he following products: Planning and Zoning Board Staff Report LOR Amendment - pee zone district regarding Vocational Schools Page 6 · apparel and accessories · appliances · baked goods · building materials and garden supplies · camera and photographic equipment and supplies · furniture and home furnishing · hobbies, games, toys · jewelry, gifts, novelties · luggage and leather goods · radio, television, and communication products · sporting goods (D) Development Standards: The following standards shall be adhered to in the development of a PCC. Waivers and variances to these standards may be approved by the Planning and Zoning Board concurrent and as a part of the approval of a Master Development Plan (MOP). It is the intent of this subsection to establish minimum standards for development within the PCC Zone District. When considering a Master Development Plan (MOP) in any Planned Commerce Center (PCC) development proposal, the Planning and Zoning Board may attach suitable conditions, safeguards, and stipulations to address the specific characteristics of the site and potential impacts of the proposed development. (1 ) Standards Pertainina to Allocation of Uses: (a) Office Center shall not encompass more than fifty percent (50%) of the total land area within a PCC (b) Light Industry shall not encompass more than fifty percent (50%) of the total land area within a PCC. (c) Service Industry shall not encompass more than twenty-five percent (25%) of the total land area within a PCC. (d) Research and Development is not limited with respect to the amount of land area devoted to it. Further, such use may be placed within any of the "land use areas" depicted on the MOP. (e) Retail Center shall not encompass more than ten percent (10%) of the total land use area within a PCC; and, in no event, shall such use exceed more than 30,000 square feet in gross floor area. (2) Standards Unique to the PCC District: Where standards unique to the PCC District conflict with standards contained elsewhere in the zoning, subdivision, and landscape codes, the standards of this Subsection (2) shall apply. Planning and Zoning Board Staff Report LOR Amendment - PCC zone district regarding Vocational Schools Page 7 (a) Minimum Parcel/lot Size: · A PCC, in total, must be comprised of at least ten acres of land prior to computation of area required for public dedication purposes. · Any use area within a PCC must have a minimum lot area of one acre exclusive of land dedicated for public purposes. (b) Minimum Floor Area: · Tenant space for uses in the light industrial designation must have a minimum of 3,000 square feet. Research and development, and service industry use areas must have a minimum of 1,000 square feet per tenant. · There are no minimum requirements for office and commercial uses. (c) lot Coveraae & Open Space: · By structures: a maximum of 50% of the area of any individual lot. · For open space: land area equal to, at least 25% of the area included within the perimeter boundary of a MDP shall be in open space. Landscape areas required to meet parking lot design requirements, and paved areas shall not be included in the meeting of this 25% open space requirements. (d) Perimeter Development: A landscape boundary shall be provided around each PCC. Parking, structures, perimeter roadways, and other paving is not permitted within this peripheral greenbelt except for bicycle paths, sidewalks, jogging trails, and driveways or access streets which provide ingress and egress for traffic and which are generally perpendicular to the greenbelt. The width of the greenbelt shall be as follows: · Absolute minimum 25 feet · When adjacent to a collector or arterial street 30 feet · When abutting residentially zoned property 40 feet · When adjacent to but separated from residentially 25 feet zoned property by a street, waterway, alley, railway or park (e) Setback Requirements: Building setback requirements shall be established as a part of the MDP. Minimal setback requirements shall be the rule provided that: (a) landscaping standards between buildings and perimeter boundaries are maintained. Planning and Zoning Board Staff Report LOR Amendment - pee zone district regarding Vocational Schools Page 8 (b) Sight distance with respect to vehicular movements is adequate. (E) Supplemental District ReQulations: The supplemental district regulations as set forth in Article 4.6 shall apply with the exception of those pertaining to the following: (1 ) Truck and Equipment StoraQe: Trucks in excess of one (1) ton carrying capacity shall be parking in rear or interior side yards. They shall be screened from the view of adjacent properties or any (adjacent) public right-of-way in a manner approved by the Site Plan Review and Appearance Board. Industrial equipment (including bulldozers, cranes, drag lines, derricks, tractors, and other implements for moving equipment or construction) must be stored within fully enclosed buildings overnight or when otherwise not in use, or they shall be screened from the view ot adjacent properties or any (adjacent) public right-of-way pursuant to requirements which may be specified within the Master Development Plan, as approved. (2) Overhead Doors: Overhead doors are prohibited from facing an adjacent public right-of-way with the exception of the right-ot-way of 1-95. (3) UnderQroundinQ of Utilities: Within the boundary of a PCC all utilities, including telephone, television cable, and electrical systems shall be installed underground. Primary facilities providing service to the site may be granted a waiver from the undergrounding requirement. Appurtenances to utility systems which are normally located above are exempted from the undergrounding requirement; however, when located above ground they shall be screened in a manner approved by the Site Plan Review and Appearance Board. (4) Maintenance of Common Areas: All common open space shall conform to its intended use, per the MDP, through deeds, covenants, or other arrangements, as approved by the City Attorney, and which run with the land. (5) Educational facilities which train in the repair ot motorized vehicles or equipment must store vehicles and/or equipment used for traininq purposes within a fully enclosed buildinq, shall not service motorized vehicles for the qeneral public or conduct sale such items. and overhead doors should remain in closed position. except for delivery or removal of the vehicles and vehicle testinq. (F) Special ReQuirements/ReQulations: In order tor land to be rezoned to and/or developed pursuant to the PCC designation, the following criteria must be met: (1 ) The property within the proposed PCC designation shall be under unified control (an individual, partnership, joint venture or corporation; or group of Planning and Zoning Board Staff Report LOR Amendment - PCC zone district regarding Vocational Schools Page 9 individuals, partnerships, or corporations). Any rezoning, master development plan, or site plan request shall include legal documents, acceptable to the City Attorney, which constitute evidence of unified control of the entire area within a proposed PCC. (2) The applicant must be able to bind the entire area within a proposed PCC to the terms, conditions, uses, and site development plan as approved in the Master Development Plan. , , - .- r- PI·tr'f' 8 ç: t ,.- .. ,c" - ã rf"""·r --:' --s ',.- _l ~............. \.' 1.--:-_ V ~~.r ~_ ~_ SACHS SAX KLEIN MAY 2 1 2005 t'" A'I' ?G":) ATIORNEYS AT tAW . " . ~... ~ v PL~' ,.''- \ '.. .·...tÍ' . tJ'i. Ü'l\~¡¡iÍ1 v LlJíH\~U PW~lyWÙ v. LUI\jr~u ~UNGAD0RfS5 301 Y~TORO""D POST OFACE øox810037 BOCA RATON, FLOtUD.... 33431 BOCA RATON, FLORIDA 33481-0037 TEt£PHON£ (5611994-4499 . - . .. - DIRECT uNE(561) 237-6810 MICHAEL A. RODRIGUEZ, ESQ. FACSIMILE (561) 994-4985 e-mail: mrodriguez@ssklawfirm.com May 12, 2005 Planning & Zoning Board City of Delray Beach 100 Northwest First Avenue Delray Beach, Florida 33444 Attention: leff Costello. Assíštant Planning Director Re: Congress Commerce Center Condominium Association, Inc. Text Amendment to Delray Beach land Development Regulations Our File No.: 5814.001 Dear Members of the Board: Please be advised that this law firm represents the Congress Commerce Center Condominium Association, Ine. (II Association"). The matter of the proposed text amendment to Section 4.4.18(B)(4) of the Delray Beach Land Development Regulations (LOR) adding "Educational Facilities, e.g., vocational schools" to the Planned Commercial Center-Service (IIPCC") zoning district has been brought to our attention. The Association hereby files this formal objection to the amendment to the Delray Beach LOR. The Association is aware of the intention of Delray Youth Vocational Charter School e'School") to purchase and occupy several bays within the Congress Commerce Center. An amendment to the LOR to al!ow this use within the PCC will result in a negative impact due to incompatibility of Ihes añd ,insuffid~t parking to accommodate the school use. The proposed schoo1 intends to operate an educational facility specializing in teaching at-risk youth-automotive repair s~ms. The proposed school will permit a use within the PCC that is currently prohibited. F~rther, such a use will result in an inconsistency of uses within the zoning district. As currently worded, Section 4.4.18(B)(4), lOR, permits lllimousine services with no vehicle repair or detai I ing on the premises." However, an amendment to the text of Section 4.4.18(B)(4), will allow a vocational school to operate a use that is currently prohibited within the zoning district. IIZoning decisions should be made on the basis of rational planning goals and not political pressure." Southwest Ranches Homeowners Association, Ine. v. Broward County, 502 So.2d 931 (Fla. 4 th DCA 1987). Creating an inconsistency of uses whereby one use is permitted to repair automobiles and another use is prohibited from doing so in the same district and, theoretically, in the same commercial ~ .. . .JO Planning & Zoning Board RF ~ -~-.- '" City of Delray Beach '.¡~ l't(; 1 r I"::. f- May 12, 2005 I : ~ , 4. lOOJ Page 2 P' ~i - :... /: '~\'. .' k _1........ ~ c....v:~$:('\,.~ center. The inconsistency of the uses that would be permitted within the PCC zoning district can be reasonably concluded to result in a detrimental impact on substantial public and pÌ'ivate interests "now," both in the sense of immediate consequences and in the sense of an immediately discernable portent of certain future harm. Alachua County v. Reddick, 368 So.2d 653 (Fla. 1~ DCA 1978). Certain accessory uses required by the LDR -(or "Educational Facilities" would result in a negative impact to the existi ng uses withi n the PCC district. Section 4.3.3 (H H H)(2), LOR, provides, as follows: A pickup and drop-off area for children shall be provided in a convenient area adjacent to the building and shall provide clear ingress and egress to the building. A minimum of a 1 OQ' dedicated vehicular drop-off/pick-up lane shall be provided. The stacking area is measured from the loading area and shall not block drive-aisles and parking areas. . . . The requirement of a '/pickup and drop-area" within the PCC district will result in a disruption of the traffic patterns and traffic circulation within the site. Permitting vocational schools within the PCC District can be reasonably concluded to have a detrimental impact on substantial public and private interests Hnow", both in sense of immediate consequences and in sense of immediately discernable portent of certain future harm within the PCC district. Alachua County v. Reddick, 368 So.2d 653 (Fla. 1st DCA 1978). The Congress Commerce Center (HCenter") is an office condominium subject to a Declaration of Condominium. The parking area of the Center is deemed a Hcommon element" of the condominium and each Unit within the Center has appurtenant thereto an undivided share in the Common Elements subject to the terms and conditions of the Condominium Act and the Condominium Documents. Pursuant to the Condominium Documents, each Unit is allocated parking spaces appurtenantthereto. While not specifically reserved to each Unit, each parking space is assigned to a Unit. The proposed school intends to occupy Units that have been allocated a total of thirteen (13) parking spaces. Section 4.6.9(C)(6)(~), LOR, requires that there be one (1) parking space for every five (5) students which can be accommodated at maximum capacity. In order to be consistent with the LOR and the available parking spaces within the Center, the proposed School would only be allowed to enroll sixty-five (65) students. Further, it has come to the attention of the Association that the School intends to store vehicles in the parking area of the Center. This storage will take up spaces within their allotted thirteen - (13) spaces. Therefore, there is insufficient parking within the Center to accommodate an educational use. This parking shortage that would be created by amending the text of Section 4.4.18(B)(4), LOR, can be reasonably concluded to have a detrimental impact on substantial public and private interests Hnow", both in sense of immediate consequences and in sense of immediately discernable portent of certain future harm within the PCC district. Alachua County v. Reddick, 368 So.2d ------ , \ ., . . Planning & Zoning Board City of Delray Beach May 12, 2005 Page 3 653 (Fla. 1 st DCA 1978). Therefore, the Association respectfully requests that the Defray Beach Planning and Zoning Board and the City Commission of Delray Beach deny the request to amend the text I of Section 4.4.18(B)(4), land Development Regulations of the City of Defray Beach because the City has reasonably concluded that the addition of vocational schools within the PCC zoning category would have a detrimental impact on substantial public and private interests "nòw," both in sense of immediate consequences and in sense of immediately discernable portent of certain future harm due to the creation of incompatible uses and detrimental impact on existing uses within the zoning district. If you have any additional questions or comments, please do not hesitate to contact me. ! i Very truly yours, EIN I ¡ MARl ! , cc: Congress Commerce Center Condominium Association, Ine. M:\A.ssodation\Coo vess Commerce Center\Oelray Beach P&Z Fòrmal Objectioo.wpd I I I I - . i i RECEI\'ED f1l\Y 11. 2005 PLN.\···.·· ; .;'I\IH¡¡' .IV!·~:¡~\) ú. LUWl'iU I IIII -~~- --, j tI '¡ IJIlfl ¡: 1..I.,.,ljl,.IIIIf' ( !JfJJfUmir! [' ~~ ~ f UlfUI Jiillill If ~j :;fhlffll~~:i ,I Ipflfl ~~ f ---111- I I! !. ~!;~. !.': r If J UI¡ r ...J t~~!t ~~- ",v. J . I J. n ~ s.-~ - t~ P..i¡! ~ I ~iHH' !! I' ", i b «,« i··Ii'- -. . ..... ;; " .s ~. · ~. .: . le-," t¡· d ---- IH i¡ '1 ij 1 ¡: · . ! I··. I..J 1111 t '1 ---- _u It~'~' etul' ~! --UHf ' -------- II . 111111111 111: 1 L i I. ~~Uht f - - ,I . - - "",.r;.-. I,' ~ ""'~~f q -..--' . 1:1~ -. I <> "i r: ë. Foß: - ~ I' ~I.I ~f~¡ :~t gl¡i . I - I I . ",,0 I o I -- ~I; g'lS ~ 0 q ~ ij ~ <== "0 s~ ~~ ~ 0-1 0 ~z ~ ~~ 1:1 0 ..~ ~ â~ ~ "" ~z ig-o ~ ~z :::.: 0 0 :Q ¡;¡~o Pi II) ~ ~ ~'» ~m :: > 0 ~ ~/ß!G~ ,,:;¡:: .. lø .. ; a ... :ëUJ : ~ i - ~ < /ß " F ¡HH z Ii r I f I I 1'1 fi ~ ! 1 I \111'" ~11;~I~iJ it; ~li ~ if e ___ tli, ~ 1~ 3 _.....~-- I i, - ~ - --_ ·1 iJ· o-i .ø-r~~_ ,i I -- - I I' 5 L"K~ 10.. - =: ! ~ . i I J ~ - ~ I I ~.~ __~_o ~_ , _ III J r ~'I¡~~t~- ·n i'~ 00 . "J!' o~ I~~ ( f!3 i¥ ~ i ~ Hn!J~ Congress ¡¡Ufi" cD . v ~ (þ f ~ ~"" hlÎI&- I . - t~J § ~ f I :~.~œ~~ Commerce Center iHh~ o 2 0 to ¡ §¡ § 2 i li· City of Delray Beach, Florida ~ i i ~ . Dem Boyz By Lt. Hal Knabb After having recently experienced Hurricanes Frances and Jeanne, we are now more aware than ever of the importance of Community Emergency Response Teams (CERTs). These teams are essential to both the pre-disaster and post-disaster phases of safe communities. But where do CERTs come from? One answer may be the model used at the Delray Youth Vocational Charter School (DYVCS). Since the start of this 2004 school year, a new group ofDYVCS students have been participating in CERT training. This new group calls themselves DEM BOYZ. Their immediate goal is to participate, as a team, in the annual Delray Beach Fire Rescue Department's CERT Disaster Drill November 13,2004 at 9:30AM located at Carver Middle School. Their long term goal is to become active CERTs in their respective neighborhoods and assets to their communities. This year DYVCS's CERT program is a joint venture of the following entities: · A grant &om The State of Florida through Brian Hanley, Special Projects Coordinator, Palm Beach County Division of Emergency Management · Elizabeth D. Ca"acher, Program Director, Career and Technical Edcuation, Palm Beach Community College · Officer Johnny Pun, Certified FEMA CERT instructor, Delray Beach Police Department · Kenneth Thompson, Paramedic, Certified FEMA CERT instructor, Delray Beach Fire Rescue Department · Arnold Fine and Jim Friedman, Certified FEMA CERT instructors, ttom Rainberry Bay · Rabbi Suzanne Carter, Delray Beach Chaplains ~\\\~ ~\D.-\\ ~~~ ---~ ~. . In addition to the students participating in the class, both academic instructors James Maas and Arthur J. Tauber are going through the training as students. James and Arthur have incorporated CERT into their curriculum. CERT Curriculum Academic Curriculum Disaster Preparedness and Terrorism US and World History, current events CER T Radio Communication Language Arts Fire Suppression Science/fire chemistry Light Search and Rescue Math, mechanical advantage/cribbing Disaster Medical Operations Health Sciences! Anatomy & Physiology Disaster Psychology Social Science Incident Command System Team building, organizational skills, leadership, and accountability Disaster Simulation Citizenship and Life Skills So where do CERTs come from? CERTs are formed in the age old tradition of neighbor helping neighbor, especially in times of crisis. The DVYCS model is only one of many ways CERT can be adapted to a particular audience's needs. And having our young people involved and learning the value ofCERT helps ensure the continuation of this great community service. ,,- .., p.. ~- - ¡~. ¿'. .!4IA .. . .... ". ,,~ ~- ~"';J~ ,~.' , -~ ",~... ......: ,;ac -.'" - ,;,.,'-' ...... ~ü 0 ' !"""" ':. ":-,.0' . J ~ Jt' . ~":;. ''''.....\..:'. .. ,¡, .!~."}...........I........... ..,.,...............11. . .'! , '.'. '1'\ '¡ ¿" - \{k-~' .~. .~. ¡if. .. :......~ ~~rI·~ '.\'\' . .," ~ "'. . . ":. " !~ tl' / , "'d·, '/'.. \ì.~i '~" ~,,:" . c" /_~ "f>,::- ..." i ~1~''.c,,4/1 ?,.'f¡<,- \ , ( r - Youth Outreach By Lt. Hal Knabb An important, vital, and successful outreach program for the Delray Beach Fire Rescue Department has been our commitment as an active community partner, along with the Delray Beach Police Department (DBPD), at the Delray Youth Vocational Charter School (DYVCS). This school serves a select population of at risk students with special needs. According to Officer J. Pun, DBPD and co-founder ofDYVCS, the student population consists of: · 58% adjudicated as delinquents and in some instances were tried as adults. · 28% dropped out of their previous schools and showed no real interest in returning to school prior to DYVCS. · 48% withdrew from their previous schools to enroll at DYVCS (none were solicited, either word of mouth or recommended). · 20% were kicked out of the public school system. The DYVCS is in its third year of operation. As a last chance for students who have dropped out of traditional high school and have demonstrated significant behavior problems the school has proven to be a success. Statistics for the last two years show the following accomplishments: GRADUATING CLASS OF 2004 · 100 % improved their reading skills by a minimum of two grades levels · 100 % demonstrated the minimum skills necessary to work in the automotive industry · 100 % were successfully placed in some type of employment · 90 % remained arrest free GRADUATING CLASS OF 2003 · 64 % are currently employed · 27 % obtained their OED · 82 % remained out of institutions The DYVCS is considering increasing enrollment from 25 students to approximately 100 students for the fall of2005. In order to determine if there is a legitimate need for this expansion, we are asking for your input. Do you know of an at risk student in the greater Delray Beach area between the ages of 16 and 21 who is in need of a chance to learn an automotive job skill, earn a OED, and gain life skills? Speaking as a board member ofDYVCS I would appreciate your input. This information will help the board to make an infonned decision as to the need for this potential expansion and subsequent purchase of a new facility. If you know of a potential student for DYVCS please contact me at 561-243-7422 or knabb@ci.delray-beach.f1.us \Ä\ \ffi ---~\\) \\ ~~~~ t;J ---!;.--=~;Lc'T~_L'¿' ' CONGRESS MMERCE NTER . . . . . ~ ~" ;.~. 1'?i: :.::' ¡'~êìf,j~':~èò1viMìsSION DOCÙME'NTÁfiòN :.... '!'....~.."t'':.'''.'''~. ~-.~.. ..~,. . . ..,;. TO: THRU: FROM: SUBJECT: MEETING OF JUNE 7 , 2005 - FIRST READING AND TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 2005-1 (05-1). -"i~'It. J)J';' A$' ". - ". .". ..... - .'~." ,...:_.........."'1' ", .~·r·- " . '~~.....,.~. .'. ....~~. - .' 't '._.... '. ~.~ .... ,,,, .. .',/!:r -r .)'~ ,,,,,~..' ..' ~:...~;. ..··.i;.· B'ACKGROUND: ~;. ::;~'-;.,,~';~'. , :'-:ff:"j· ··:·..···~~~'·~~~¡f. ;",.1. . , . '" .... .~.., . ,," *,Ÿ 'I'" "I·' ,,"L. . --.. . The City Commission initiated Comprehensive Plan Amendment 05-1 on April 5, 2005. It is noted that there have been two changes to the contents of this amendment since its initiation. First, the text amendment to update the Analysis", "Conclusions" and "Needs and Recommendations" sections of the Open Space & Recreation Element has been deleted and will be processed as a part of Amendment 2005-2. Secondly, a text amendment to the Future Land Use Element has been added to correct an error in the language describing the North Federal Highway Corridor. The remaining items in the Plan Amendment consist of three (3) City initiated Future Land Use Map amendments and a text change related to adoption of the Osceola Park Redevelopment Plan. A brief description of each item is listed below and a full analysis is contained in the attached Comprehensive Plan Amendment and support documents. The Planning and Zoning Board held its public hearing regarding the amendment on May 23, 2005. During the Public Hearing, two residents had questions related to the FLUM Amendment for Country Club Acres concerning the schedule for infrastructure improvements in the neighborhood and a request for a public park on a vacant lot in the area. After discussion, the Planning and Zoning Board voted 4-0 (Kincaid, Morris and Zacks absent) to recommend approval of Comprehensive Plan Amendment 05-1 on first reading and transmittal of the amendment to the Florida Department of Community Affairs. By motion, approve on first reading, Ordinance No. 31-05, adopting Comprehensive Plan Amendment 05-1, based on positive findings that it supports and furthers the Goals, Objectives and Policies of the Comprehensive Plan, and transmit the Amendment, containing the material in the staff report and attachments to the Florida Department of Community Affairs. \\Jß --- - ---- . :~*=;r""'~' . -a... ... a .rt:-Vð·~:~'~~2~:rr ~'''~~ ~!~ ,:.:.... . . .:.II..!~~.. I--:.:"'"·.:~!It:~..'":t". r -~.. . .""'..~.4....'·- .~ ...:,..~.UM~\~:. .bFllr~~~:If~ ·gq~~.RE.HENSIVE?~~~.A~E~.D~E;::~T 05-1 . -. 1. Text Amendments a. Future Land Use Element - Modification of Policy C-2.6 to reflect adoption of a Redevelopment Plan for Redevelopment Area #5 (Osceola Park), and that future development in this area shall be consistent with the Plan; and b. Future Land Use Element - Modification of Policy C-1.4 to correct the described boundaries of the North Federal Highway Corridor. 2. Future land Use Map Amendments a. City initiated Future Land Use Map amendments for property within the Osceola Park Redevelopment Area from RDA-5 (Redevelopment Area #5) to CC (Commercial Core) in part, GC (General Commercial) in part, MD (Medium Density Residential 5-12du/ac) in part and LD (Low Density Residential 0-5 du/ac) in part, for properties generally located between SE 2nd Street and SE 5th Street and between SE 5th Avenue and SE 1 st Avenue, comprising 35.6 acres, pursuant to the adopted Osceola Park Redevelopment Plan; b. City initiated Future Land Use Map amendment to assign City Future Land Use Map designations to the recently annexed County Club Acres subdivision, located on the east side of Military Trail, south of West Atlantic Avenue. The current County Land Use Map designation is MR-5 (Medium Residential 0-5 units per acre) and the proposed City designation is LD (Residential Low Density 0-5 du/ac); and c. City initiated Future Land Use Map amendment to assign City Future Land Use Map designations concurrently with the annexation of the Delray Medical Center property, located on the south side of Linton Boulevard, approximately 1,240 feet west of Military Trail. The current County Land Use Map designation is INST (Institutional) and the proposed City designation is CF (Community Facilities). Attachments: . Comprehensive Plan Amendment 05-1 . Ordinance No. 31-05 - - --------- -------- ORDINANCE NO. 31-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2005-1, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARL Y DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2005-1 " AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2005-1; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on May 23,2005, in accordance with the requirements ofthe "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, pursuant to Florida Statutes 163.3 1 74(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has detennined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2005-1 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2005-1 was submitted to and reviewed by the City Commission; 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; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2005-1 was held by the City Commission on June 7, at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2005-1 was found to be in compliance by the Florida Department of Community Affairs and the Department of Community Affairs did not identify any objections; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2005-1 was held on .... ...., in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 3. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2005-1, which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 4. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2005-1. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 2 ORD. NO. 31-05 ----- ---- --~--~----------- Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That the effective date ofthis ordinance, with the exception ofthe Future Land Use Map Amendment for Delray Medical Center, is upon the date a final order is issued by the Department of Community Affairs( DCA) fmding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. If the amendment is found to be in compliance, the Future Land Use Map amendment for the Delray Medical Center shall become effective on December 31, 2005. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2005. ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 31-05 --- -~----- .~,..., '"" - --- ~ ~~ - --, - "- ~, - . cs..__"~=.~.",,._ -- -- - '- _ _...»-~ ~---,>~"""~,,,,"-.~,. _'"", 0<- 2>~, ~_~~_~...~__ i CITY OF DEL RAY BEACH, FLORIDA -. -ø· _ ..C'" , ·:~.o~:. .: ';~~~ ,'. , , .. ; ,.. . .. ~ ..:. ~ <..¿... ..: ...... . ., ." ,:_..LAN ~ ~~. , .": ¡ " . , '. .. - . : ¡ " .. ¡ ; , . .' o. j ~. - . . - . lit ..."". ......: '.,' :-~ a. . .~"':, : . . ¡ ¡ . ~. 'II. .. '. , - " , , ...:"... ¡ '.. '. ~.:..:~.; ì .- ¡ , . ! -,' " .:. . ... ....:. , ,', Jo ,:..~~~ ¡·o;.: . ~{JU,t;¿~ ~.,¡.: . ~:::i~' ...~ " :.1.. Planning & Zoning Board Transmittal Public Hearing May 231 2005 City Commission Transmittal Public Hearing June 7, 2005 -- ------ ---- --- - -------- "ø· "C..:. ""\of'ø 1td.1ø 'tø~."'. ee- ." .";. .~...~..o:. :" ø øl. ø:"o' ,¡. ~"'·":·I ...:. ~o: t.,,: 0 .... . - '. OW' "" ø 0"- .... . : ." , - . .. I. . -"" 'C()MPREHENSIVE PLAN AMENDMENT 05-1 ; ,~ '~ '.- , ' '1:-,- -',,~ ,}:;- CITY OF DELRA Y BEACH, FLORIDA - TABLE OF CONTENTS - Paae TEXT CHANGES - (CITY INITIATED) 1 Modification of Policy C-2.6, Future land Use Element 2 Modification of Policy C-1.4, Future land Use Element AMENDMENTS TO THE FUTURE LAND USE MAP - (CITY INITIATED) 4 Osceola Park Redevelopment Area 4 County Club Acres 4 Delray Medical Center - ~~- I COMPREHENSIVE PLAN AMENDMENT 05-1 I CITY OF DELRAY BEACH, FLORIDA I CITY INITIA TED TEXT CHANGES I FUTURE LAND USE ELEMENT 1) location: Pg. Fl-33, Policy C-2.6 (Osceola Park Redevelopment Plan) Policv C-2.6 The following pertains to the area bounded by S. E. 2nd Street, Federal Highway, S.E. 5th Street, and Swinton Avenue (Osceola Park area): This area has industrial uses with inadequate parking to the west, commercial uses to the east, and a mixed residential area which has turned mainly into renter-occupied units. It is also encompassed by wellfield protection zones. The primary focus of this redevelopment plan shall be to arrest deterioration, provide adequate parking and services for the existing industrial and commercial areas, and accommodate housing which is compatible with the other uses. The issues relating to industrial uses within this area were addressed within the new CDB-RC zoning district, created on May 16, 1995. Therefore, the redevelopment plan for this area will focus on the residential neighborhood. The plan will, at a minimum address the following issues: o Appropriateness of the existing RM zoning district within the area. o Use of traffic-calming measures to reduce speed and volume of traffic on the residential streets within the area. o Potential for creation of a historic district within the area. o Landscape beautification. o Improvement of existing housing stock. This- redevelopment plan shall be prepared in FY 98/99 and shall be adopted through a comprehensive plan amendment Change: REVISION ( 1 ) Policy C-2.6 The following pertains to the area bounded by S.E. 2nd Street, Federal Highway, S.E. 5th Street, and Swinton Avenue (Osceola Park area): This area has industrial uses with inadequate parking to the west, commercial uses to the east, and a mixed residential area which has turned mainly into renter-occupied units. It is also encompassed by wellfield protection zones. The Osceola Park Redevelopment Plan was adopted by the City Commission on December 6. 2004. The primary focus of this redevelopment plan shall be is to arrest deterioration, provide adequate parking and services for the existing industrial and commercial areas, and accommodate housing which is compatible with the other uses. The Plan establishes proposed Future Land Use Map desiqnations for the Redevelopment Area. Future development must be in accordance with the provisions of the Redevelopment Plan. The issues relating to industrial uses within this area 'Nere addressed within the nWI.' COB RC zoning district, created on May 16, 1995. Therefore, the redevelopment plan for this area will focus on the residential neighborhood. The plan '.+till, at a minimum address the following issues: S Appropriateness of the existing RM zoning district 'Nithin the area. S Use of traffic calming measures to reduce speed and volume of traffic on the residential streets within the area. S Potential for creation of a historic district 'Nithin the area. S LandsC3pe beautifiC3tion. S Improvement of existing housing stock. This redevelopment plan shall bo prepared in FY 98/99 and shall be adopted through a comprehensive plan amendment. Comment: With the adoption of the Redevelopment Plan, information with respect to what will be included in the Plan can be eliminated. Further, a statement that all future development in the Redevelopment Area is to be consistent with the adopted Plan must be added. 2) Location: Pg. FL-30, Policy C-1.4 (North Federal Highway Corridor) Policy C-1.4 The following pertains to the North F~deral Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right-of-way to the west, the easterly boundary of the CRA to the east, George Bush Boulevard to the south, and the north City limits to the north. ( 2) ~ -- - - - --- Properties in the corridor that front on Federal Highway primarily contain small- scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remainiog parcels in the area are currently J wœ~ . Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, 1999. The Plan identified the need for limited rezonings and LOR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. Change: REVISION Policy C-1.4 The following pertains to the North Federal Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right-of-way to the west, the easterly boundary of the CRA to the east, George Bush Boulevard NE 4th Street to the south, and the north City limits to the north. Properties in the corridor that front on Federal Highway primarily contain small- scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, 1999. The Plan identified the need for limited rezonings and LOR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. Comment: This revision is being made to correct an error. The North Federal Highway Corridor, covered by the North Federal Highway Redevelopment Plan, has a southern boundary of NE 4th Street, not George Bush Boulevard as described in Policy C-1.4. See excerpt from North Federal Highway Redevelopment Plan attached as Support Document #1. ( 3) -- - I AMENDMENTS TO THE FUTURE LAND USE MAP I CITY INITlA TED FUTURE LAND USE MAP AMENDMENTS: · City initiated Future Land Use Map amendments for property within the Osceola Park Redevelopment Area from RDA-5 (Redevelopment Area #5) to CC (Commercial Core) in part, GC (General Commercial) in part, MD (Medium Density Residential 5-12du/ac) in part and LD (Low Density Residential 0-5 du/ac) in part, for properties generally located between SE 2nd Street and SE 5th Street and between SE 5th Avenue and SE 1 st Avenue, comprising 35.6 acres, pursuant to the adopted Osceola Park Redevelopment Plan See Support Document #2 - Osceola Park Redevelopment Area (RDA #5) - FLUM Amendment and Rezoning staff report · City initiated Future Land Use Map amendment to assign City Future Land Use Map designations to the recently annexed County Club Acres subdivision, located on the east side of Military Trail, south of West Atlantic Avenue. The current County Land Use Map designation is MR-5 (Medium Residential 0-5 units per acre) and the proposed City designation is LD (Residential Low Density 0-5 du/ac) See Support Document #3 - Country Club Acres - FLUM Amendment and Rezoning staff report · City initiated Future Land Use Map amendment to assign City Future Land Use Map designations concurrently with the annexation of the Delray Medical Center property, located on the south side of Linton Boulevard, approximately 1,240 feet west of Military Trail. The current County Land Use Map designation is INST (Institutional) and the proposed City designation is CF (Community Facilities). See Support Document #4 - Delray Medical Center - FLUM Amendment and Rezoning staff report s:\planning & zoning\longrange\comp\amend 05-1\transmittal\05-1 maindoc city commission xmit.doc (4 ) I COMPREHENS1VE PLAN AMENDMENT 05-1 I CITY OF DELRA Y BEACH, FLORIDA SUPPORT DOCUMENT #1 Excerpt Pages from the North Federal Highway Redevelopment Plan SD#1 INTRODUCTION PAGE 1 THE STUDY AREA The City of Delray Beach "North Federal Highway Corridor," (shown graphically on Figure 1, page 2), is defined as the area of the City bordered by the F.E.C. Railroad on the west; the Community Redevelopment Area (CRA) boundary on the east; NE 4th Street on the south and the city limits to the north. HISTORY OF THE NORTH FEDERAL HIGHWAY CORRIDOR The North Federal Highway area was historically platted in three distinct phases. The section between NE 4th Street and George Bush Boulevard was subdivided by several plats recorded in 1913. The area just north of George Bush Boulevard (Sofia Frey subdivision) and the Lake Avenues (La Hacienda) were platted in 1926. The Bond Way area (Kenmont) and areas north of La Hacienda were platted between1946 and1950. Early development in the area consisted of a mix of single family homes and commercial uses which were highly dependent on the tourist trade. These uses, including trailer parks, auto repair, filling stations, and small motels continued to thrive during this period, since Federal Highway was the principal route for travelers to reach South Florida. Completion of the Florida Turnpike and 1-95 reduced the importance of Federal Highway as a route for tourists bound for South Florida. The opening of Walt Disney World in 1971 also contributed to the decline of the corridor, as many tourists began stopping in the Orlando area rather than continuing to South Florida. These changes in the Florida tourist industry combined to marginalize the Federal Highway corridor as a tourist destination. Inevitably, the loss of a customer base led many businesses to become obsolete and disappear. Economic activity and property values continued to decline throughout most of the 1980s. At the same time, many commercial structures and residences in the area were falling into disrepair due to age and neglect. As businesses left the area, they were often replaced by marginal uses located in poorly maintained buildings with inadequate parking and landscaping. While the physical appearance of these uses contributed to the negative image of the area, several locations created more serious problems for the stability of the neighborhood. Declining motels, trailer parks, and an adult book store became attractors for criminal activities, such as drug sales and prostitution. The presence of these activities inhibited investment in the area and deepened the decline. The City has taken steps in recent years to help stabilize the area. It purchased the Adult Book Store property and resold it to a farm equipment dealer. The Delray Beach Police Department began working with neighborhood_ groups to help reduce problems with drugs and prostitution in the area. Following the enclave annexations, City water and sewer services were extended to most properties. In 1995, the last County "pockets" along the North Federal Highway corridor were annexed into the City. INTRODUCTION PAGE 2 ~ '.'_1_1.'. __ _, .. I '_~;~;_'_'_t_,_,_,_,_,_,_t }:. ï ............'" ___ ~ ~l\ "1"'-_ ~ : ~a : -v ~~ ::j ,+ =:& J I~~~'t ~ ~ I --- - II-v OJ \ . .--¡¡;;::, - ....'" ~--., I - ~ J If- ¡ ----- ur IF IJ . I<£A. 1ItACT , U-;=;¡I II I '- ~.:.. ! ... I =. _ ,".......___...., . -, ~ï ~.:::::=,., .ma:wø flU' ~ , ~ , ........ I I :::;; ):~ I II III I ~ I iI ti" __ I ~II I 11 1111111..,., ! ;¡-. '-, I j 1 j I f- ! IlSÅ 1ItACT ~ I ~ ~... 1- · ¡ ciV~· , '-- I I I m~' : / rl t:J;J W1 I1J ~ , ! !...c.: J I UL I nl ¡ -_.-= )~/~ I I ~ -' ¡ _ I r.' 1--1 .... II! II I I:t-fH J' r-ïI I ~ - · 1;1 .¡ II:: I I? , f7 ¡- ! ................. ......¡ I Y_ f= ~ io......,.,......., I~ ¡ I 'fì f-- .._r__ Ii i L.l;;1~ <1Nl~ ~ ¡ - ~- -- \ ï ~ _0 u. ..~ ~ ~ ! ~ = '7 ~I QUIDf '¡;;;[:" - ~.l -- IJ -l.::. : >os ~ ~ H ) ,1:Ii riJ'" :ai ~:-a! 1 I I lI' ),C} ..I J ~I!t , 3£DI þ'~ J I ~~'- n -.. I Ih ~~n i IV ~ "= ~ _ I , I ( R ~:.:- I ~a = II I III ~ - : : { AGURE 1 GRAPHIC SCALE ~ NORTH FEDERAL HIGHWAY 2~ , 'i REA 125 500' PLANNING DEPARTMENT STUDY A CITY LIMITS .,.,....... CITY OF DELRAY BEAa-I. FL REDEVELOPMENT AREA _ _ DIGITAL BASE ~p SYSTEM ~-;- ~ ú-:-- ~---~~~- ~A!~=~;:~~~ ~;~~~~=~:~ ~~~~~--~~ -~-~--~~~ ~:~~n ~-:~~~~~J~;~-~~~~~~~! ~ '";' ~"~ ~. -,-"~" ~::Þ"]J . -," ':\ ',~--'n:---~" - -----', ~j'- '11:r? -1' ,\, ) ~"' -- ~ ='" \¡ ~ ~ f f = L .' - t i \ f ~'i 'I ~) t ¡ .=' ',' II ~ '- -, \¡ c, t _ _"",_k~',,:J___, _! ;":h "_ _ _.!p \ t' r - ~ U ~_:-p' _ ~/ \ H 5'} ¡, ê>, ;~- :tt~" '"d~ " 'Z,' ~._~' ',," -; - ~- .:1:<, ~ _ _ '" . '. ' .~- -:~ " _ - - .~~_, æ"irJ" c' ___.'k_, , ~.....,., ~ _~~;..\;~=~ >=-< =~==...- >~ RJØ!It CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #2 Osceola Park Redevelopment Area (RDA #5) FLUM Amendment & Rezoning Staff Report SD#2 -- -- ---- ;;~~r~;,~-;~'~'CI"""to MiSSiON-DOCUMENTATION··')'····..;..·. '~>f'" "':',,- ~-I~:!:. . ~."r' ...~. ": . r .... ... ~. . . ..: . TO: DA"P~ THRU: HUG, OR OF LANNING AND ZONING FROM: o HO GARD, PLANNER SUBJECT: MEETING OF JUNE 7, 2005 CITY INITIATED FUTURE LAND USE MAP (FLUM) AMENDMENT FOR THE OSCEOLA PARK REDEVELOPMENT AREA FROM RDA-5 (REDEVELOPMENT AREA #5) TO CC (COMMERCIAL CORE) IN PART. GC (GENERAL COMMERCIAL) IN PART. MD (MEDIUM DENSITY RESIDENTIAL 5-12DUlAC) IN PART AND LD (LOW DENSITY RESIDENTIAL 0-5 DUlAC) IN PART. I ~~~--::- .,~' "!~þ.I!!~BÄ-e·i(GRb'\Jt,jö'l:lt-:-·~; ':"~~j.''¡¡~.J;'f: . ...~~,. ~,.. ' L....- ~~_~ ~" ~ .'-i- r ....- "'C.~: ·t~~.. ;.... .~..., ... '1'''1 '~.:.... " ., .... "... ~. "'. ...;; ,.:.; {.'I1· .. .. -. ~'.'I!" ... ~., ~ ~ .. .:-::<"'"t...).t:...... ~....oC':..."",t.; The Osceola Park Redevelopment Area is designated as Redevelopment Area #5. It is bordered by SE 2nd Street on the north; SE 5th Street on the south; SE 5th Avenue on the east; and SE 1st Avenue on the west. The redevelopment area encompasses a total of 35.6 acres. Most of the area is located east of the FEC Railroad which bisects the area, running diagonally from northeast to southwest. The proposed Future Land Use Map amendment is required to implement the Redevelopment Plan for the area which was adopted by the City Commission on December 6, 2004. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The Future Land Use Map amendment is accompanied by a City initiated rezoning from RM (Multiple Family Residential- Medium Density) to R-1-A (Single Family Residential), for a 5.9 acre portion of the redevelopment area which has also been scheduled for this City Commission meeting. Additional background and an analysis of the FLUM amendment and rezoning are provided in the Planning and Zoning Board staff report attached as Support Document #2 in Comprehensive Plan Amendment 2005-1. _p.t-:(~Ñ~,G'*ÑD~ZÓÑiM·BÖ~RD'!tfÖ~S·IbEij"Ä'tIQ~.:~: .: :Vi ::: =~·;~;:.~i¡"J!1 At its meeting of May 23, 2005, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendment and Rezoning request. While no members of the public spoke on the item, a letter from the Homeowners Association has been received in support of the proposal. After reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0 (Kincaid, Morris and Zacks absent) to recommend approval of the FLUM Amendment and Rezoning request by adopting the findings of fact and law contained in the staff report, and finding that the requests and approval thereof are consistent with the Comprehensive Plan and meet criteria set forth in Section 2.4.5(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. LZ.2. "'~..~"..,~~~ j",' '.. . , }1 ~ ,,"¡Ie, ; :'£.1'. >,., By motion, approve the Future Land Use Map amendment, associated with Comprehensive Plan Amendment 2005-01, from RDA-5 (Redevelopment Area #5) to CC (Commercial Core) in part, GC (General Commercial) in part, MD (Medium Density Residential 5-12 du/ac) in part and LD (Low Density Residential 0-5 du/ac) in part, 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 3.1.1 (Required Findings) of the Land Development Regulations. s:\planning & zoning\boards\city commission\osceola park redevelopment area flum.doc PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---51 AFF REPORT --- MEETING DATE: May 23, 2005 AGENDA ITEM: IV. G. 2. (1) ITEM: Transmittal Hearing for Comprehensive Plan Amendment 2005-1 - FLUM Amendments and Rezonings Associated with the Osceola Park Redevelopment Plan (Redevelopment Area #5). GENERAL DATA: Applicant.. ..... .... ................ City Initiated Location................................ Located between SE 2nd Street a-nd SE 5th Street and between SE 1st Avenue and SE 5th Avenue (Federal Highway SB) Property Size......................... 35.6 Acres Current FLUM Designation.... RDA-5 (Redevelopment Area #5) Proposed FLUM................. General Commercial (GC) · . i Current Zoning................... CBD (Central Business District), , i i CBD-RC (Central Business · I II District - Rail Corridor), GC : I : I (General Commercial), R-1-A i· i s (Single Family Residential) & RM II . i ~ ¡: (Multiple Family Residential ! L - ;1 " ,. . Medium Density) ;.: . Proposed Zoning................ CBD (Central Business District), · ! I CBD-RC (Central Business I. District - Rail Corridor), GC I! (General Commercial), R-1-A I . , ·1 (Single Family Residential) & RM 1 ; ¡ I (Multiple Family Residential - I:· '. Medium Density) -'. .. 1: .-. . , , Adjacent Zoning..... North: CBD (Central Business District) & I . " I' , '1 CBD-RC (Central Business - -. District - Rail Corridor) '. !¡ r .. . - - i. i: I. . . South: R-1-A (Single Family Residential) ..... :" , , ..---- ; . & RM (Multiple Family Residential - Medium Density) East: CBD (Central Business District) & GC (General Commercial) West: RM (Multiple Family Residential - Medium Density) Existing Land Use................. Commercial, light Industrial, Residential, & Undeveloped Water Service....................... Available to all properties. Sewer Service....................... Available to all properties. IV. G. 2. (1) , ,'. .;", .~.- ",'tìì'sr:, ilJJÜ~ m"C-"&ffj' '. ,', . . , , _," ; [~~U:t .::4*'"';!· ~"'-J'<" ~ l=t ~~ ~"". ~ß'1~ ~ p 'p . ,_~~___~ ,_~,,__.....~~.-4_~ .........~~~ ~~~~~ .~_::::i:2t-c..L-.~~.....,;;;.,~--=;&i;:;....~. ~;:A:_~"" ,""",.=_~~ --=;r~__ ~~~~~~~"'~~ The action before the Board is that of making a recommendation to the City Commission on City initiated Future Land Use Map amendments, and rezonings associated with the Osceola Park Redevelopment Plan (See attached Maps and Legal Descriptions in Appendix A). The Future Land Use Map Amendments involve the entire Redevelopment Area, totaling approximately 35.6 acres, not including road rights-of-way. The proposed FLUM designations are as follows: o Area 1: FLUM amendment from RDA-5 (Redevelopment Area #5) to CC (Commercial Core) - Includes properties along the FEC rail corridor, between SE 2nd and SE 6th Streets on the west and between SE 2nd and SE 5th Streets on the east, containing approximately 11.11 acres. o Area 2: FLUM amendment from RDA-5 (Redevelopment Area #5) to CC (Commercial Core) - Includes properties along the Federal Highway corridor, between SE 2nd Street and SE 3rd Street, containing approximately 1.8 acres. o Area 3: FLUM amendment from RDA-5 (Redevelopment Area #5) to GC (General Commercial) - Includes properties along the Federal Highway corridor, between SE 4th and SE 5th Streets, containing approximately 0.85 acres. o Area 4: FLUM amendment from RDA-5 (Redevelopment Area #5) to MD (Residential Medium Density 5-12 du/acre) - Includes properties located on the east side of SE 1 st Avenue, between SE 2nd and SE 3rd Streets, containing approximately 1.41 acres. o -Area 5: FLUM amendment from RDA-5 (Redevelopment Area #5) to MD (Residential Medium Density 5-12 du/acre) - Includes properties on the west side of the FEC rail corridor, between SE 6th and SE 7th Streets containing approximately 0.39 acres. o Area 6: FLUM amendment from RDA-5 (Redevelopment Area #5) to MD (Residential Medium Density 5-12 du/acre) - Includes properties fronting on SE 2nd Street, between SE 3rd Avenue and the Federal Highway frontage properties, containing approximately 1.12 acres. o Area 7: FLUM amendment from RDA-5 (Redevelopment Area #5) to LD (Residential Low Density 0-5 du/ac) - IDcludes the remaining properties between SE 2nd Street and SE 5th Street, between the Federal Highway commercial frontage and the commercial/industrial rail corridor, containing approximately 18.9 acres. The proposed rezonings within the Redevelopment Area are as follows: Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 2 o Area 8: Rezoning from RM (Multiple Family Residential- Medium Density) to R-1- A (Single Family Residential) - 33 parcels (by ownership), located south of the frontage properties on SE 2nd Street to SE 3rd Street, between the Federal Highway commercial frontage and the commercial/industrial rail corridor, containing approximately 5.9 acres. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM and Rezoning Amendments for any property within the City. :,1 ,\ [~o ~-\,t-,---"'1-{)-"l -~ 'i;¡, - - - -- ~ ~"""-~_~~'""~ ..._~~~~ _~_ '""~~~"-"'~~""-""~~~~~.::;~:..:~~...,;~,~.. _~.=..~~,=-,,<~.l.~~ '->" .......,=~~-=~~__~~~--"--'-~ The Future Land Use Element-of the City's Comprehensive Plan identifies several older areas of the City that, due to substandard infrastructure, obsolete or inappropriate uses of land, vacant and dilapidated structures, and other similarly blighting conditions, are in need of special attention in the form of a "Redevelopment Plan." The purpose of a Redevelopment Plan is to identify the specific deficiencies and assets of a designated area, evaluate existing and potential uses, and identify specific measures for arresting decline, facilitating new development, and enhancing the quality of life for residents of the area. These areas are depicted on the Future Land Use Map as Redevelopment Areas #1 through #6. The "Redevelopment Area" designation acts as a holding zone for each site, until an appropriate Future Land Use Map designation can be assigned that is consistent with an adopted Redevelopment Plan. A portion of Osceola Park is designated as Redevelopment Area #5. The following language, excerpted from Future land Use Element Policy C-2.6 in the City's Comprehensive Plan, gives a description of the program for this area: Policv C-2.6 The following pertains to the area bounded by S.E. 2nd Street, Federal Highway, S.E. 5th Street, and Swinton Avenue (Osceola Park area): This area has industrial uses with inadequate parking to the west, commercial uses to the east, and a mixed residential area which has turned mainly into renter-occupied units. It is also encompassed by wellfield protection zones. The primary focus of this redevelopment plan shall be to arrest deterioration, provide adequate parking and services for the existing industrial and commercial areas, and accommodate housing which is compatible with the other uses. The issues relating to industrial uses within this area were addressed within the new CDB-RC zoning district, created on May 16, 1995. Therefore, the redevelopment plan for this area will focus on the residential neighborhood. The plan will, at a minimum address the following issues: . Appropriateness of the existing RM zoning district within the area. -------- Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 3 · Use of traffic-calming measures to reduce speed and volume of traffic on the residential streets within the area. · Potential for creation of a historic district within the area. · Landscape beautification · Improvement of existing housing stock. This redevelopment plan shall be prepared in FY 98/99 and shall be adopted through a comprehensive plan amendment. The overall purpose of the Redevelopment Plan, adopted by the City Commission on December 6, 2004, is to capitalize on the strengths of the area and provide methods to deal with the weaknesses. The Plan provides the framework for the revitalization of the entire neighborhood. This equates to the three main components: · Elimination of the problems associated with small lot duplex and multi-family development intermixed with single-family development; · Reduction of the negative impacts associated with through and non-residential vehicular on local residential streets; and · Improvement of the physical appearance of the neighborhood through enhanced police activity, code enforcement and beautification. Implementation of the Plan, requires the City to initiate changes to the Future Land Use Map to eliminate the RDA-5 (Redevelopment Area # 5) designation and to assign new Future Land Use Map and corresponding Zoning designations. The recommended designations are discussed below. This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). land Use Analvsis: Pursuant to land Development Regulation Section 3.1.1 (A) (Future land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future land Use Map. The underlying Future Land Use Map designation for the subject property is Redevelopment Area #5 and the proposed designations are CC (Commercial Core), GC (General Commercial), MD (Residential Medium Density 5-12 du/acre) and LD (Residential Low Density 0-5 du/ac). The Redevelopment Plan identifies development scenarios and criteria for development to occur within the area. The proposed zoning designations of CBD (Central Business District), CBD-RC (Central Business District - Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 4 Rail Corridor, GC (General Commercial), RM (Residential Multiple Family - Medium Density) and R-1-A (Single Family Residential) will be consistent with the proposed Future Land Use Map designations. Based upon the above, a positive finding with respect to Future Land Use Map consistency can be made. REQUIRED FINDINGS: Future land Use Element Policv A-1.7: Amendments to the Future land Use Map must be based upon the following findings: o Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability ·of land, changes in the existing character and FlUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FlUM designations of Conservation or Recreation and Open Space; nor shall it apply to FlUM changes associated with annexations when the City's advisory FlUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FlUM amendments. The basis for the FLUM change is that the existing FLUM designation of RDA-5 is no longer appropriate, given that a Redevelopment Plan for the area has been prepared. The data and analysis supporting the new FLUM designations and demonstrated need are contained within the plan, which was adopted by the city Commission on December 6, 2004. o Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. Redevelopment Areas, as identified on the City's Future Land Use Map, are described within the Future Land Use Element. The Redevelopment Area designation acts as a holding zone until an appropriate Future Land Use Map' designation can be assigned that is consistent with an adopted Redevelopment Plan. The plan prepared for Redevelopment Area #5 recommends that underlying Future Land Use designations of CC (Commercial Core), GC (General Commercial), MD (Residential Medium Density 5-12 du/acre) and LD (Residential Low Density 0-5 du/ac) be applied to the area. The majority of these designations are consistent with the existing zoning. The remaining area is being rezoned from RM to R-1-A to prohibit additional multiple family development in a predominantly single family area. As part of Comprehensive Plan Amendment 2005-1, changes are also being made to Future Land Use Element Policy C-2.6 to acknowledge the adoption of the Plan, and to require that all future development be in compliance with the adopted plan. Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 5 The proposed FLUM designations will be consistent with the goals, objectives and policies of the Comprehensive Plan once the associated amendment to the Comprehensive Plan is adopted. o Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. In comparing the existing Future Land Use Map designation of RDA-5 and the proposed Future Land Use Map designations with respect to concurrency, the following is noted - Currently, development within the area can proceed without the implementation of a redevelopment plan on its own merits with the existing zoning and policies of the Comprehensive Plan guiding the disposition of the request (Future Land Use Element, Policy C-2.1). The proposed FLUM designations for 83% of the area (29.7 acres) is being applied consistent with the existing zoning. Therefore, the maximum potential development intensity for this portion of the redevelopment area will be the same under the proposed FLUM designations as under the current RDA-5 designation. With regard to the remaining 17% of the redevelopment area (5.9 acres), the maximum potential development intensity will decrease from 12 du/ac (70 total units) under the existing RDA-5 designation to 6 du/ac (35 total units) under the proposed LD (Residential Low Density 0-5 du/ac) FLUM designation. City facilities such as water, sewer, and drainage have sufficient capacity to handle development of this area at the potential development intensity allowed under the proposed FLUM designations. Similarly, solid waste can be accommodated by existing County facilities and since the area is changing to land use designations of the same or lower development potential, traffic is not an issue. The Open Space and Recreation Element of the Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that individual projects may have on the City's recreational facilities. 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 residential unit. School concurrency will be addressed with future proposals for residential development; however no problems are anticipated. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. o Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. The proposal does not expand commercial or multiple-family residential boundaries from those that currently exist. As previously stated, the FLUM amendments for the affected properties involve the change to other designations with the same or lower development potential. The majority of these designations are consistent with the existing zoning. The remaining area is being changed to the LD (Low Density Residential - 0-5 du/ac) FLUM category and rezoned to single family to prohibit the ---- ----- Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 6 redevelopment of existing single family homes to additional multiple family development in a predominantly single family area. Based upon the above, the proposed FLUM amendments are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. o Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. All future development within the requested designation shall comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use ör site plan request as applicable. REQUIRED FINDINGS: lDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of land Use 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 Future land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the land Development Regulations. Future land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoning Actions): Standards A, B, C and E are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 7 proposed; or that if an i ncom patibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. A description of the area to be rezoned is as follows: . Rezoning of 33 parcels (by ownership) from RM (Multiple Family Residential - Medium Density) to R-1-A (Single Family Residential) for properties generally located south of the frontage properties on SE 2nd Street to SE 3rd Street, between the Federal Highway commercial frontage and the commerciallindustrial rail corridor, containing approximately 5.9 acres. As previously stated, the FLUM designation and zoning classification for these properties are being amended pursuant to the adopted Osceola Park Redevelopment Plan. This area is being changed to the LD (Low Density Residential - 0-5 du/ac) FLUM category and rezoned to R-1-A (Single Family Residential) to prohibit the redevelopment of existing single family homes to additional multiple family development in a predominantly single family area. As discussed under Future Land Use Element Policy A-1. 7, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reasons for the proposed rezonings are "b" and "c":, based on the following: The proposed rezoning is required to implement the provisions of the Osceola Park Redevelopment Plan. This area is being changed to t~e LD (Low Density Residential - 0-5 du/ac) FLUM category and rezoned to R-1-A (Single Family Residential) to prohibit the redevelopment of existing single family homes to additional multiple family development in a predominantly single family area. The existing development pattern on the subject properties is predominantly single family, with 24 single family homes, 5 duplexes and 2 multi-family buildings. Additionally, the area is part of the much larger Osceola Park single family neighborhood which extends southward to SE 10th Street. Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 8 Given these conditions, the proposed R-1-A zoning is more appropriate than the existing RM designation. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/req uest. As stated earlier, 83% percent of the land area within the Redevelopment Area will retain its existing zoning designation, so the current action will not have an impact on those properties' ability to comply with the Land Development Regulations. The remaining 17% is being rezoned to prohibit the redevelopr:nent of existing single family homes to additional multiple family development in a predominantly single family area. No formal land development applications have been received for the subject properties. Any proposed development or redevelopment within this area will be subject to the provisions of the new zoning district. Although several existing duplex and multi-family developments within this area will become nonconforming uses, there are provisions for regular maintenance of these structures under the existing regulations. The Redevelopment Plan also calls for the Community Redevelopment Agency's duplex conversion program to be promoted within this area. It is anticipated that the duplexes within this area, as well as in the area to the south (where duplexes are already nonconforming) will ultimately be converted to single family homes. Community Redevelopment Aaency: The CRA Board reviewed the proposal at its meeting of May 12, 2005 and recommended approval of the FLUM amendments and rezonings. Courtesy Notices: Courtesy notices have been provided to the following civic and homeowner's associations, which have requested notice of developments in their areas: · President's Council · Progressive Residents of Delray (PROD) · Osceola Park HOA Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 9 , - , - :,), ~, ?; ~ ,,~; ~) t:d E: _~\ !, j \;. __ '-___~~.,.,~ ~__.._= ~~~~~~~~~~"""'-'--'~,,~~ '~_"-"i<.4~~~..........~"",,,~~~___~ The existing RDA-5 (Redevelopment Area #5) FLUM designation was applied to the subject properties to act as a holding zone until a redevelopment plan for the area could be prepared. The plan prepared for Redevelopment Area #5 recommends that underlying Future Land Use designations of CC (Commercial Core), GC (General Commercial), MD (Residential Medium Density 5-12 du/acre) and LD (Residential Low Density 0-5 du/ac) be applied to the area. The majority of these designations are consistent with the existing zoning. The remaining area is being rezoned to prohibit additional multiple family development in a predominantly single family area. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LOR Section 3.1.1 (Required Findings ), LOR Section 3.2.2 (Standards for Rezoning Actions), LOR Section 2.4.5(0)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. ~\ t :î ~ :'~ 01 ,:\:1 if '1" ~ il\ (~~~I, ¡ C, ,:q¡ ~r e, I,. \_ ...).- + -- - """'-~~-- = ~~= =-->i~";< ~ ~~ .....:.=~..i'-_<~.;a.,Ä.L:..,~""'"'L~~~~.1òw---.~~~~o1~='·~~ ~ ~~"_~~"'~~<>M~"''''_~ A. Continue with direction. B. Recommend to the City Commission approval of Future Land Use Map Amendment from RDA-5 (Redevelopment Area #5) to CC (Commercial Core) in part, GC (General Commercial) in part, MD (Medium Density Residential 5- 12du/ac) in part and LD (Low Density Residential 0-5 du/ac) in part, as specified in Appendix A, for properties generally located between SE 2nd Street and SE 5th Street and between SE 5th Avenue and SE 1 st Avenue, comprising 35.6 acres within the Osceola Redevelopment Area, and Rezoning from RM (Medium Density Residential) to R-1-A (Single Family Residential), as specified in Appendix A, for a 5.9 acre portion of the Osceola Park Redevelopment Area, generally located between SE 2nd Street and SE 3rd Street and between SE 2nd Avenue and SE 5th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the requests and approval thereof are consistent with the Comprehensive Plan and meet criteria set forth in Section 2.4.5(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. C. Recommend denial of Future Land Use Map Amendment from RDA-5 (Redevelopment Area #5) to CC (Commercial Core) in part, GC (General Commercial) in part, MD (Medium Density Residential 5-12du/ac) in part and LD (Low Density Residential 0-5 du/ac) in part, as specified in Appendix A, for properties generally located between SE 2nd Street and SE 5th Street and between SE 5th Avenue and SE 1 st Avenue, comprising 35.6 acres within the Osceola Redevelopment Area, and Rezoning from RM (Medium Density Residential) to R-1-A (Single Family Residential), as specified in Appendix A, for a 5.9 acre portion of the Osceola Park Redevelopment Area, generally located between SE 2nd Street and SE 3rd Street and between SE 2nd Avenue and SE 5th Avenue, by finding that the requests and approval thereof are inconsistent with the Comprehensive Plan and do not meet criteria set forth in Section Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 10 2.4.5(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. Recommend to the City Commission approval of Future Land Use Map Amendment from RDA-5 (Redevelopment Area #5) to CC (Commercial Core) in part, GC (General Commercial) in part, MD (Medium Density Residential 5-12du/ac) in part and LD (Low Density Residential 0-5 du/ac) in part, as specified in Appendix A, for properties generally located between SE 2nd Street and SE 5th Street and between SE 5th Avenue and SE 1 st Avenue, comprising 35.6 acres within the Osceola Redevelopment Area, and Rezoning from RM (Medium Density Residential) to R-1-A (Single Family Residential), as specified in Appendix A, for a 5.9 acre portion of the Osceola Park Redevelopment Area, generally located between SE 2nd Street and SE 3rd Street and between SE 2nd Avenue and SE 5th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the requests and approval thereof are consistent with the Comprehensive Plan and meet criteria set forth in Section 2.4.5(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. Attachments: a Proposed Future Land Use Map a Proposed Zoning Map a Appendix A - Legal Descriptions prepared by: Ron HOQQard. Senior Planner Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 11 Future land Use Map Amendments A change in the Future land Use Map designation FROM RDA-5 (Redevelopment Area #5) TO CC (Commercial Core) for the following specific parcels: Lots 1-5, inclusive and Lots 15-23, inclusive, Block 79, Subdivision of Block 79 in Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 10, Page 1, of the Public Records of Palm Beach County, Florida; Together With; The Part of Block 80 Lying East of FEC Railroad (Less East 25 ft and North 25 ft Road r/ws) , Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together With; Lots 1-14, inclusive, Block 87 and Lots 1-12, inclusive, Block 88, Linn's Addition to Osceola Park, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 133, of the Public Records of Palm Beach County, Florida; Together With; Lots 1-12, inclusive, Block 80, Subdivision of Block 72 and the West Portion of Block 80, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 10, Page 57, of the Public Records of Palm . Beach County, Florida; Together With; Lot 5, Anderson Block, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 22, Page 45, of the Public Records of Palm Beach County, Florida; Together With; Lot 1 Lying West of FEC Railroad and East of SE 1st Avenue (Less North 25 ft Road r/w), Model Land Company's Subdivision of West Half of Section 21, Township 46S, Range 43E as per the Plat thereof recorded in Plat Book 1, Page 128, of the Public Records of Palm Beach County, Florida; Together With; Lot 1 & Lots 3-11, inclusive (Less East 5 ft Road r/w), Lot 2 and Lot 12, Block 103, Roebuck's Resubdivision of Block 103 Delray, a Subdivision in Palm -- - --- Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 12 Beach County, Florida as per the Plat thereof recorded in Plat Book 2, Page 19, of the Public Records of Palm Beach County, Florida; A change in the Future land Use Map designation FROM RDA-5 (Redevelopment Area #5) TO GC (General Commercial) for the following specific parcels: Lots 1-5, inclusive (Less East 5 ft Road r/w) , Block 2, Osceola Park, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 3, Page 2, of the Public Records of Palm Beach County, Florida; A change in the Future Land Use Map designation FROM RDA-5 (Redevelopment Area #5) TO MD (Residential Medium Density 5-12 du/acre) for the following specific parcels: Lots 6-14, inclusive, Block 79, Subdivision of Block 79 in Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 10, Page 1, of the Public Records of Palm Beach County, Florida; Lots 8-17, inclusive, the North 17 ft of Tract A, and Tract B (Less South 5 ft of West 25.62 ft), Swinton Place, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 88, Page 151, of the Public Records of Palm Beach County, Florida; Together With; South 1/2 of Lot 2 Lying West of FEC Railroad (Less PB88PG151), Model Land Company's Subdivision of West Half of Section 21, Township 46S, Range 43E as per the Plat thereof recorded in Plat Book 1, Page 128, of the Public Records of Palm Beach County, Florida; Together With; Lots 23 & 24, Block 103, Roebuck's Resubdivision of Block 103 Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 2, Page 19, of the Public Records of Palm Beach County, Florida; Together With; Lots 1-3, inclusive and Lots 13 & 14, Block 95, Linn's Addition to Osceola Park, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 133, of the Public Records of Palm Beach County, Florida; Planning and Zoning Board Staff Report FLUM Amendment and Rezoning for Redevelopment Area #5 Page 13 A change in the Future land Use Map designation FROM RDA-5 (Redevelopment Area #5) TO lD (Residential low Density 0-5 du/ac) for the following specific parcels: Lots 13-22, inclusive, Block 103, Roebuck's Resubdivision of Block 103 Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 2, Page 19, of the Public Records of Palm Beach County, Florida; Together With; Lots 15-24, inclusive, Block 87, Lots 13-24, inclusive, Block 88, Lots 4-12, inclusive, & Lots 15-24, inclusive, Block 95, and Lots 1-24, inclusive, Block 96, Linn's Addition to Osceola Park, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 133, of the Public Records of Palm Beach County, Florida; Together With; Lots 13-24, inclusive, Block 104, Lots 6-10 inclusive, Block 2, Lots 1-12, inclusive, Block 4, and Lots 1-9, inclusive, Block 6, Osceola Park, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 3, Page 2, of the Public Records of Palm Beach County, Florida; Together With; South 168.5 ft of North 193.5 ft of Lot 1 Lying East of FEC Railroad and West of SE 3rd Avenue, Model Land Company's Subdivision of West Half of Section 21, Township 468, Range 43E as per the Plat thereof recorded in Plat Book 1, Page 128, of the Public Records of Palm Beach County, Florida RezoninQs A change in the zoning designation FROM RM (Multiple Family Residential - Medium Density) TO R-1-A (Single Family Residential) for the following specific parcels: Lots 13-22, inclusive, Block 103, Roebuck's Resubdivision of Block 103 Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 2, Page 19, of the Public Records of Palm Beach County, Florida; Together With; Lots 15-24, inclusive, Block 87 and Lots 4-12, inclusive, & Lots 15-24, inclusive, Block 95, Linn's Addition to Osceola Park, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 133, of the Public Records of Palm Beach County, Florida; I II If rt ,.-n ULJ I I' I I II I I II J 11---1 - -E::::E:::J I 1 II ST. 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" v I~" 'E":'~ "', '= "I'" t I:,:ç D~t I ~, \ l "'\;;;:." ¡, "" ~ !:;;;: '\ r'~: ":)J''':l " ~ t2.,:: ~J L.rJ: ~ \ =' ',~ ='d',~).. .' !.=; ".J' ~'.':.\ .f. ¡ ., :, ~ I d.·< þ,'J tft H ":"\ ~,LJ I:~"! $,. ,:: :1 l~~~~~_~~~;~~;r'~ ~~~~~_~~~~~=~==~_=~~~ ~~ç.,:"""",>:~, ,'>f~,~~.'=,l :"_; CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #3 Country Club Acres FLUM Amendment and Rezoning Staff Report - SD#3 ----- --- - - -- -- ------ ~ ~35:~:'. :"::".;:~-4t ~-'"'ël"ty"è6MNils'SíöN"ëóë(j' E·ÑTÃ.TIO·N'''tIt'\~:c~'·!'i''"' ?".'-~.' '. .... .,'. "":.' Il1o "........ _. r ~ _.. '!'.. ", '10 - . TO: DAV~ HARD , ~G. THRU: TOR OF PLANNING AND ZONING ~ FROM: o G NIOR PLANNER SUBJECT: MEETING OF JUNE 7, 2005 CITY INITIATED FUTURE LAND USE MAP AMENDMENT FROM COUNTY MR-5 (MEDIUM RESIDENTIAL 0-5 DUlAC) TO CITY LD (LOW DENSITY RESIDENTIAL 0-5 DUlAC) FOR COUNTRY CLUB ACRES. LOCATED ON THE EAST SIDE OF MILITARY TRAIL. SOUTH OF ATLANTIC AVENUE. ~ - , ~: .) ...... The subject property, known as the Country Club Acres subdivision, consists of 18.16 acres of land located along Jefferson Road, Whatley Road and Lincoln Road. It contains ninety-five (95) individual parcels with eighty-one (81) single family residential homes and fourteen (14) vacant residential parcels. The parcels can be accessed to the north from West Atlantic Avenue via Whatley Road and to the west from Military Trail via Jefferson and Lincoln Roads. On April 19, 2005, the City Commission approved on second reading, the voluntary annexation of forty six (46) of the (95) parcels located within the subdivision. During the same meeting the City Commission also approved the annexation for the balance of the Country Club Acres subdivision (49 parcels contained within seven enclaves and the local right of ways) via interlocal agreement. The Interlocal Agreement was approved by the County Commission on May 3rd, 2005. This Future Land Use Map amendment is accompanied by a City initiated rezoning from County AR (Agricultural Residential to City R-1-A (Single Family Residential), which has also been scheduled for this City Commission meeting. Additional background and an analysis of the FLUM amendment and rezoning are provided in the Planning and Zoning Board staff report attached as Support Document #3 in Comprehensive Plan Amendment 2005-1. L_ ~:.~~~~ ".._. ~"' _~=~~~: ''''. ~;1 ~_:Jll~H~¡,~ ;':'_1 ¡¡!¡m;¡¡t~~) ~jlf~~!!iI :~_~tt;,'1 ~~_¡¡_}'{3:JJ~1~~~~~BL.~~~'. - ___ .¡ffi.:_....~.,,~~.J~~- - ~__~.: At its meeting of May 23, 2005, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendment and Rezoning request. During the Public Hearing, two residents had questions concerning the schedule for infrastructure improvements in the neighborhood and a request for a public park on a vacant lot in the area. After reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0 (Kincaid, Morris and Zacks absent) to recommend approval of the FLUM Amendment and Rezoning request by adopting the findings of fact and law contained in the staff report, and finding that the requests and approval thereof are consistent with the Comprehensive Plan and meet criteria set forth in Section 2.4.5(D)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. I ' ,.,_ ~ ~_~" _~~ _~ ~,.., __ v ~_ m~_ ·.;j_·~"'.·~_;'ITL: iillllBDm1·;·à~ " ;~.'''I~t9i~1'' , - -~~~ , L~~____ ...__."",.,,~~~_.____h._ : t : . ~~--- - - , By motion, approve the Future Land Use Map amendment, associated with Comprehensive Plan Amendment 2005-01, from County MR-5 (Medium Density Residential 0-5 du/ac) to City LD (Low Density Residential 0-5 du/ac) for Country Club Acres, 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 3.1.1 (Required Findings) of the Land Development Regulations. no - ---------- ----- ---- PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---ST AFF REPORT --- MEETING May 23, 2005 DATE: AGENDA ITEM: IV.G.2.2 ITEM: Future land Use Map (FlUM) Amendment from MR-5 (Medium Density Residential 5 du/ac on the Palm Beach County Comprehensive Plan) to LD (low Density Residential 0-5 dulac) and Rezoning from AR (Agricultural Residential) to R-1-A (Single Family Residential 0-5 du/ac) for an 18.16 acres property located on the east side of Military Trail just 160' south of West Atlantic Avenue. GENERAL DATA: Applicant.......::...... .......... City of Delray Beach DELRA Y ¡ SQUARE Agent....................... ................... City of Delray Beach I PLAZA Location............... ...... ................. East side of Military Trail, I ¡ approximately 160 ft. south ! of West Atlantic Avenue. Property Size.............................. 18.16 Acres Existing County Future Land Use Map Designation...... ..... ................... MR-5 (Medium Residential 0-5 du/ac) Proposed City Future Land Use Map LD Designation................... ............. o WEST . Existing County Zoning............... AR (Agricultural Residential) Proposed City Zoning................. R-1-A (Single Family Residential) ...J :;;:: Adjacent Zoning................North: City PC (Planned r= DELRA Y WEST Commercial) and GC PLAZA (General Commercial) East: City RM-8 (Residential Medium Density 8 du/ac) ! I South: City R-1-A (Single Family , Residential) and OSR I i (Open Space Recreational) i I West: RM-9 (Residential Medium I Density 9 du/ac) I i Existing land Use...................... Single Family Homes and I I ! Vacant Land. Proposed land Use.................... Single Family Homes Water Service............. ...... ..... ..... Water service will be available via connection to a 8" water main that will be ! located along Whatley Road \ Jefferson Road and Lincoln Road. .. Sewer Service..... .... ..... ............... Sewer service will be ! - i available via a 4" force main that will be located along Whatley Road Jefferson Road and Lincoln Road. , IV.G.2.2. " I' ..~ . '.z.. I . .'" . .....". ...- I.. r ... . '=-'" .. .. I ..... 'I ~ 0II.t!: . ... . "I.· " , .... ...., . .. ITEM 'BEFORE;THE :BOA~D ,", The action before the Board is that of making a recommendation to the City Commission on a privately sponsored Future Land Use Map (FLUM) Amendment from MR-5 (Medium Density Residential - 5 units/acre on the Palm Beach County Comprehensive Plan) to LD (Low Density Residential 0-5 units/ac) and rezoning from AR (Agricultural Residential) to R-1-A (Single Family Residential) for 18.16 acres of land which includes (95) parcels located on the east side of Military Trail just 160' south of Atlantic Avenue. Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to a FLUM amendment and Rezoning of any property within the City. . ··::ß~t.KC;;ßO~~:P;PR9~ÉÇ~:PE;SC8íPTlþN . ..... .... ' . .. . . The subject property consists of 18.16 acres of land and encompasses ninety-five (95) parcels located along Jefferson Road, Whatley Road and Lincoln Road. The properties are bound to the south by the LWDO L-34 Canal; to the north by Delray West Shopping Plaza and World Saving Bank; to the west by Military Trail and a veterinary clinic; and, to the east side by Sherwood Forest residential development. The subject property is known as Country Club Acres subdivision and contains ninety-five {95} individual parcels. Eighty one (81) of these parcets contain single family residential homes, while fourteen (14) are vacant residential parcels. The parcels can be accessed to the north from West Atlantic Avenue via Whatley Road and to the west from Military Trail via Jefferson and Lincoln Road. The forty six (46) out of these 95 parcels have been annexed by voluntary annexation or annexation agreements contained in executed water agreements. The balance of the Country Club Acres subdivision (49 parcels contained within seven enclaves) were annexed via an interlocal agreement between Palm Beach County and the City of Delray Beach effective May 3, 2005. On April 19, 2005, the City Commission approved on second reading, the voluntary annexation of forty six (46) parcels located within the subdivision. During the same meeting the City Commission also approved the annexation for the balance of the Country Club Acres subdivision (49 parcels contained within seven enclaves and the local rights of way) via interlocal agreement. The Interlocal Agreement was approved by the County Commission on May 3m, 2005. The property is currently subject to Palm Beach County Land Use and Zoning designations. The City has an advisory Low Density (LO) land use designation for the property which allows for single family residential development with a density between zero and five units per acre. The Future Land Use amendment and rezoning of the subject property is part of the amended Comprehensive Plan amendment 2005-1 which is anticipated to be adopted in September 2005. - An application is now before the Board regarding a FLUM Amendment from MR-5 to LD and a Rezoning from County AR to City R-1-A. Planning and Zoning Board Meet; of 05/16/05: Staff Report Country Club Acres - Small-Scalt. "";UM Amendment and Rezoning Page 2 FUTURE LAND USE MAP 'AÑlENDM·ËN't·~ÄNÄlýS·15 . .... .... "'" ;- This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments under Florida Statute 163.3187. Land Use Analysis: Consistency Between the City and County Land Use Designations: The proposed City Land Use Map Designation for the property is LD (Low Density 0-5 du/ac). The existing County Future Land Use Map Designation for the property is MR-5 (Medium Residential- 5 du/ac). The City's LD Land Use Map Designation is consistent with the County's MR-5 designation in that Low Density Residential is allowed. The current advisory "Low Density" residential designation allows single family residential development. The City's FLUM designation as initially contained on the City's Future Land Use Map adopted by Ordinance 82- 89 in November 1989. (and as formally amended subsequently) are deemed to be advisory until an official Future land Use Map Amendment is processed. Adiacent Land Use Map Designations. Zoning Designations and land Uses: The Country Club Acres properties are bound to the south by the lWDD L-34 Canal; to the north by Delray West Plaza and World Saving Bank; to the west by Military Trail and a veterinary clinic; and, to the east side by Sherwood Forest residential development. The following zoning designations and uses abut the subject property: I I Zoning Designation I Land Use Designation I Use I North: General Commercial General Commercial (GC) Delray West Plaza and (GC) World Saving Bank Single Family Residential low Density Residential. Single Family Subdivision South: (R-1-A) (The Estates, Lakewood, 0-5 du/ac (lD) Fox Pointe) East: Single Family Residential low Density Residential, Single Family Subdivision (R-1-A) 0-5 du/ac (lD) (Sherwood Forest) Multiple Family Multiple Family Future Townhouse West: Residential - Medium Residential, Medium Development (Gramercy Densitv (RM-8) Densitv (RM) SQuare) Allowable Land Uses: - Under the proposed Low Density Residential 0-5 du/ac land Use Map designation, residential zoning districts which accommodate single family units (R-1 thru R-1-AAA) are allowed. The applicant has requested an initial zoning designation of R-1-A (Single Family Residential). This zoning is consistent with the prevailing lot sizes and the proposed LD land Use designation. Planning and Zoning Board Meeti" of 05116/05: Staff Report Country Club Acres - Small-ScalE> _UM Amendment and Rezoning Page 3 REQUIRED FIDlNGS: LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS: Pursuant to lOR Section 3.1.1, prior to approval of land Use 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 Future land Use Map (FlUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the land Development Regulations. a Future land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future land Use Map. Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated, and said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The proposed Single Family Residential (R-1-A) zoning district is consistent with the proposed Low Density Residential (LD) FLUM designation. Single-family unit developments are allowed in an R-1-A zoning district as a permitted use at a base rate of zero to five (5) units per acre. Based on the above, positive findings can be made with respect to FLUM consistency. a Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves amending the FLUM designation from MR-5 to LD on ninety-five parcels which total approximately 18.16 acres. The proposed FLUM Amendment will result in a shift of impact from County to City services. Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Traffic and Water and Sewer are discussed below: Parks and Recreation: The City provides 127 acres of activity based recreation facilities such as tennis, baseball, basket ball, soft ball and other similar sports. An additional 247 acres are considered resource based activities such as beaches and lakes for swimming, boating picnicking, hiking, and other activities excluding golf courses. Within recreation areas, amenities and facilities are provided to meet the demand for leisure opportunities for all segments of the community. The City of Delray Beach provides a ratio of eight (8) acres of park and recreational facilities per 1,000 people while the current national ratio is 3 acres of park and recreational facilities per 1,000 people. This indicates that the City will have sufficient recreation facilities to accommodate the additional 257 persons anticipated from this development (2.7persons x 95 lots = 256.5). Schools: Country Club Acres east of Military Trail is an already built and well established urban community. Therefore, a concurrency finding from the Palm Beach County School District is not required. Solid Waste: Eighty one (81) out of the ninety-five parcels currently contain single family homes while fourteen (14) are vacant parcels and therefore have a minor impact on this level of service standard. Assuming the total number of single family homes as built (95 Planning and Zoning Board Meeti 'Jf 05/16f05: Staff Report Country Club Acres - Small-Scalê _UM Amendment and Rezoning Page 4 units) the subject properties will generate 189.05 tons of solid waste per year (1.99x95=189.05). However, as the demand for 81 units is already accommodated by the County land fill the real impact will be limited to the built out of 14 vacant parcels or 14 x 1.99 = 27.86 tons. The increase can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. Water: Water service is currently being provided to properties on Jefferson Road and a portion Whatley Road. The proposed water improvements to be constructed by the City after annexation will include Lincoln Road and the remaining portion of Whatley Road. Once the proposed infrastructure improvements are completed municipal water service will be available via connection to the new 8" water main for all properties within the subdivision. Along the new mains, fire hydrants will be installed with a minimum spacing of 400 feet. Sewer: The proposed sewer will be installed after annexation throughout the entire subdivision, with gravity connections to the west end of Jefferson Road and Sherwood Forest Drive respectively. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: The parcels can be accessed to the north from West Atlantic Avenue via Whatley Road and to the west from Military Trail via Jefferson and Lincoln Road. Those portions of the right-of-way of Lincoln Road, Jefferson Road and Whatley Road located within the Country Club Acres sub-division (east of Military Trail) have been annexed into and included in the corporate boundaries of the City of Delray Beach. This includes acceptance by the City of ownership and maintenance of the right-of-way of those portions of Lincoln, Jefferson and Whatley Roads, and responsibility for providing emergency services in those areas. / Country Club Acres east of Military Trail is an existing already built community that 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. There will be a mutual agreement by the City and County pursuant to Section 335.0415, Florida Statutes (2004), for the transfer of the responsibility for operation and maintenance of the public right-of-way of those portions of lincoln, Jefferson and Whatley Roads from Palm Beach County to the City of Delray Beach. [J Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FlUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FlUM Planning and Zoning Board Meeti' ~f 05116105: Staff Report Country Club Acres - Small-Scale -,UM Amendment and Rezoning Page 5 designations of Conservation or Recreation and Open Space; nor shall it apply to FlUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The proposal is associated with the annexation of this unincorporated property and requires changing the FLUM designation from County to City. The current County FLUM designation is MR-5 and the current "advisory" designation is LD (Low Density Residential), which allows single family residential developments. As the City's FLUM designation is being applied the requirement to provide justification for the need does not apply. It is noted that the proposed R-1-A designation would allow the same density (0-5 du/ac) as the one currently allow under the county designation of (MR-5). Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil. topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. The subject property does not have any unique environmental characteristics that would require mitigation measures. Country Club Acres east of Military Trail is an existing already built community. Under the LD FLUM designation, a range of 0 to 5 du/ac is allowed. The requested zoning designation of R-1-A will be compatible with the adjacent development patterns. The requested R-1-A zoning would be similar to properties to the east and south (Sherwood Forest, Fox Pointe, and The Estates). The property immediately to the west is currently designated RM (Multiple Family Residential) with a zoning designation of RM-8 while commercial properties border the subdivision to the north. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. As described previously, the requested FLUM designation of LD (Low Density Residential) and zoning of R-1-A (Single Family Residential) will be compatible with adjacent development patterns. Homeownership is a characteristic of this designation. Consequently, compatibility with the abutting low density residential properties to the east (Sherwood Forest), and to the south (Fox Pointe, and The Estates) is not a major concern. .-. .. - .. I ._,··.....&llf··' .~~I'I:~"!!I.I.:'"'·~r""-;;..:"'....~·!P.'I't'C~ . ·-ZeNI A ~'d"" ....:...:;:. ..... } ',oj' : :'.. '~,.;'. .- .. .'. .. .. ,".;. ,,, tj:.._ 1II.¡a. .... ...~:.«.~""WDr.:.. .þ... _.1....11110:...·........ ...~. .... ....:I"'ti_~..... .......- Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LOR were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. The proposed City zoning designation is R-1-A (Single Family Residentia1) while the current County zoning designation is AR (Agñcultural Residential). -- --- ------ Planning and Zoning Board Meetir . 9f 05/16/05: Staff Report Country Club Acres - Small-Scal& ~UM Amendment and Rezoning Page 6 The surrounding zoning designations are: City RM-8 {Residential Medium Density 8 dulac} to the west; City R-1-A {Single Family Residential} to the east; City GC (Commercial Commercial) to the north; and City R-1-A (Single Family Residential) to the south. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Housina Element Policv A-3.2 - The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to these neighborhoods and affixed to the zoning map. Requests for rezoning to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. This policy relates to areas which are designated stable residential on the Resfdential Neighborhood Categorization Map. The following table identifies the neighboring residential developments and their respective densities: The table indicates that the surrounding single family developments are less than 4.5 dwelling units per acre. The two multiple family developments have a density less than 8.53 dwelling units per acre. The Legacy at Sherwood Forest development is the most recently approved multiple family project which has a density of less than 8 dwelling units per acre. Therefore, a rezoning of the subject property with a density 0-5 du/ac would be consistent with the development pattern in the area. REQUIRED FINDINGS: (Chapter 3) Previously discussed under Land Use section of this report COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: CONSISTENCY: Compliance with the peñonnance standards set forth in LOR Section 3.2.2, along with the required findings in LDR Section 2.4.5(0) (5), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Planning and Zoning Board Meet¡' ?f 05/16/05: Staff Report Country Club Acres - Small-Scal~ _UM Amendment and Rezoning Page 1 Comprehensive Plan Policies: Consistency with the Comprehensive Plan was previously discussed under the Future Land Use Map Amendment analysis section of this report. Section 3.2.2 (Standards for Rezoning Actions): standard "8", "C", and "E" are not applicable with respect to this rezoning request. The applicable peñormance standards of Section 3.2.2 are as follows: A) The most restrictive residential zoning district that is applicable given existing patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezoning to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. As previously discussed this standard is met. 0) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As previously discussed the proposed zoning designation is compatible with surrounding zoning categoñes and existing development patterns. Section 2.4.5 (0) (5) (Rezoning Findings): Pursuant to Section 2.4.5 (0) (5), Pursuant to lOR Section 2.4.5(0) (5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or (c) That the requested zoning is of similar intensity as allowed under the Future land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The request is associated with a recently annexed property which requires appropriate City zoning designation be applied. The R-1-A is appropriate as it is consistent with the County MR- 5 (Medium Density Residential 0-5 du/ac) and the proposed City Low Density Residential 0-5 du/ac land use designations. Items "b" and "c" are the basis for which the rezoning should be granted. The property has been annexed (change in circumstance) and the proposed zoning is of similar intensity. Based Planning and Zoning Board Meeti" 1)f 05/16/05: Staff Report Country Club Acres - Small-Scal(; _UM Amendment and Rezoning Page 8 upon the above, this request does fulfill two of the reasons identified under LOR Section 2.4.5(0) (5). , . "1> ~~:;¿. REYIEW-BY.OTH"ÈRS ,,~ . . The subject properties are not in an area that requires review by the Community Redevelopment Agency (CRA) or Downtoytp Development Authority (DDA). Palm Beach County Notice: On March 07,2005 the Palm Beach County Planning Division was notified of the City's intent to annex this property. The County is a partner to the action via the inter10cal agreement to the annexation and related cost shañng in the future infrastructure improvements. Lake Worth Drainage District: On March 07, 2005, Lake Worth Drainage District was notified of the City's intent to annex this property. No objections have been received. 'PARC Notice: Notice of the Future Land Use Amendment has also been provided to the Inter10cal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. No objections have been received Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: a Russel Mawson, Country Club Acres HOA a Carolyn Zimmerman, President Council a Herbert Levine, Hamlet Residents Association a Jayne King, PROD (Progressive Residents of Delray) a Virginia Synder, Old School Square a Fred and Sandy Beaumont, Country Club Acres HOA Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. -.....- t ''U'.('- ~~~~iiKÊ-fXmj!"õøtJ.mn'!~· ...·I:rc..... ..,JII. - - ". .... ,,~. S NI. . , _.N -. - ... - . ."'1:..-.. - .-. or. J! "..~ . ....; ..-:::=... :41'''-:: . I' "...... .......:1'.. . .r..~.. ..a.:JtJt" .iI-~I....I:!.~ ..'...,."'.,...... ·1 .................,. .......... .........-..,........... .'Iii'l¡.."'. - -..- "'II .". .1... - The City's LD Land Use Map Designation is consistent with the County's MR-5 designation in that Low Density Residential is allowed. The application of an initial zoning designation of R-1-A is compatible with the surrounding development pattern and is consistent with the proposed FLUM designation, and with the zoning categoñes assigned for the properties to the east and Planning and Zoning Board Meeti- 'Jf 05/16/05: Staff Report Country Club Acres - Small-Scale _UM Amendment and Rezoning Page 9 south of the subject property. Based upon the above, the proposed Future Land Use Map Amendment and associated Rezoning application should be approved. I· ,.' . AI;..TERNATIVE ACllÞNs "." '1 .... A. Continue with direction. S. Move a recommendation of approval to the City Commission for the FLUM Amendment from County MR-5 to City Low Density Residential 0-5 dulac, and the initial zoning designation of R-1-A (Single Family Residential 0-5 du/ac) for the subject property, 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 the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the FLUM Amendment from County MR-5 to City Low Density Residential 0-5 dulac, and the initial zoning designation of R-1-A (Single Family Residential 0-5 du/ac) for the subject property, 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 Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. - .' . . R"ËêÔ'ÑiÑiË"NÖÊb Äèti~A' " ~....."". .14..... "-~I .......o¡. ......... :,,::"to. :.., ,..~~ II . _. .1 '. . .... I . .... . ..._ . 'I . I.... . . . I. I " . .·"'''I''''''"'''iI O. Move a recommendation of approval to the City Commission for the FLUM Amendment from County MR-5 to City Low Density Residential 0-5 dulac, and the initial zoning designation of R-1-A (Single Family Residential 0-5 du/ac) for the subject property, 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 does meet the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Location Map Staff Report Prepared by: Estelio Breto, Senior Planner ----------~ ~oL/ ~ ll)} ~ /" / \)0 '" e-- c..~ ~0 \; --1 I /" ~t{ . ;!; /" , 1vt{ /" ",« \)CJ ~ ... ~.{v ()~ .; 01 PUBLlX ¡::: '" 0 ::> ~ ~t{ fv..$ '" ~ ý . /" \j 2 I-~ g: V ::J 2:0::: ~2: V -q: ::.J-q: -q:O V Y> OQ CI-.I ./ CC 0 0-<:( \ ~ ~2 &ï~ - Kx.:f.. X WASHINGTON FIRST 0 CI::.J ß MUTUAL UNION ß~ -J '<:( -J ~ L, WEST . ATLANTIC AVENUE .. " "- I.I T 11 I ....... I-- · · L-- --.J NA nONS L-- « · · BANK PINES a:: DELRA Y .. I · WEST ¡- WEST · · PLAZA PLAZA · · · · · . · r········..···· · · . · .. ~ · ~~s \ 1\ \ r . x ' . . . . I . I \ . ... . . · \ T' · 0:::. « ~...: · · - .. .. I I ·A ¡- .i.. · . r-------.-.- --.J · -. . I ·s - 2. · . . . I I :~ - .... - - I . .. I' . . I . r---- I II . · - I II · - L-34 CANAL ~..._.................. r ANAl L-')4 ..).q. \....f\Nf\L I ~ ~Tl1J1I2 I-- ESTATES DRIVE ::> \ ADAMS RD. 0 (/) -- IT n rrr WASHINGTON R ( - l--- . i 1.1,1 ~ESTL OR'\+: f r MADISON ROAD ~ I-- ~ I-- . y ~ I-- :51-- ii - f---- - ------ - / N COUNTRY CLUB ACRES - ... "'\... ~ MUNICIPAL CITY LIMITS OTY OF DELRAY BEA01. FL Pl..ANHtNG '" ZONING DEPARl\.IENT -- DIGITAl. BASE MAP SYSTÐof -- t.W' REF. UoI825 r - ---..- -"~'-' -~~ -- ..~ -~._~: . ~T'P"'- ~-~~~';~:~ -:'-:-'- - .- - - - - - -- - -- -- --~_-_;, -:,'-'7 .. ~- '~ I " ..) '.~,', ,';;;' b-,~: -';[~'\-J-' t";; '7'C~ ~¡"'I '\' -\ ".;,,:--,-;":>,¡-~ l~..: 'i \::-;$ 'i'C"" J ' , I ':: - (J I dJ,J r\ ~d ':::J-,r~; f .;=:'F',: f~;_-i.;'';,'<j},,;,~:_". .! 1utr:: ¡·.~_~j},n 5 R....J jk;:;\~~:-§1::H_._,~~:¡ ¡ t ~_~~~~____~_~~ _~~~~~~~~~,~.~ $'1' ~=_.~;:_:__,);1~ ,/~~~,>c >#~:~t_~~~ :'"=?I!I!I!~%"~: ~ \_ :~~__~:~~~~&~_~F1:_~t~~ ,,5~::~ ~\~ ~~ - ,,*~"<;,~_~ CITY OF DELRA Y BEACH, FLORIDA SUPPORT DOCUMENT #4 Delray Medical Center FLUM Amendment and Rezoning Staff Report 8DM .., ~ j _'~,' ~\~;' ':. 'l'~ff.\.¡o"""II1<"'':t.Jt. Y..C·ITY· CWM' ·MI"S:1oo:-IO"N'·· O· O·C· '.'íM· 'E' N·T....'I.'T··-I~~i õ.y.....~~... ..~p~..,.....Jf.':.'1.: ...,... ..'~:r t.-.,.,...I,;:.....tt'~!~ 1-(',04 ..: ~Pf~~..¡~ : ..;,;.:-....·..1'" . U I:». .u ". u~n . '-. ..... h. .... ~ ..:,. TO: D~~R9'f!!,~1"!! MANAGER THRU: ~~L. ~Oß!ff~~l~OF~NNING AND ZONING FROM: ~Gæ¡auOJ(PLANNER SUBJECT: MEETING OF JUNE 7, 2005 CITY INITIATED FUTURE LAND USE MAP AMENDMENT FROM COUNTY INST (lNSTUTIONAL) TO CITY CF (COMMUNITY FACILITIES) FOR DELRAY MEDICAL CENTER. LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD. APPROXIMATELY 1.240 FEET WEST OF MILITARY TRAIL. L~··~ ". . ,.';:~"~::':1:""': ...;!;:!;{.,..:'.:J..... '····~B-..A· CK' G· R"RjU' Ñ'D"-~ ~:~. .....~..iII.:I! ".' C'...·.......~.I~ -, ...iI'''........ 1~..1.';::'~ - oo t~ &c'~~' __~_~~ ...... ',., .:¡,-t.......,.f.I."'.þ.. -. .~.-!.... -\'.- ..... ". ....=~_:.r.· . .':¡;'- The property under consideration is an unplatted 30.74 acre parcel which contains a 406,000 sq.ft. (approximate) hospital complex, known as Delray Medical Center. On February 3, 1981, an Agreement for Water and Sewer Service was executed for the subject property as well as for the adjacent medical office and shopping center developments. The hospital was constructed in 1982, and City water and sewer facilities were extended to the development. Over the years the hospital has been expanded. On March 18, 1999, the Agreement for Water and Sewer Service was amended and included paragraphs, which gave consent for future annexation and assessment of a storm water assessment fee. The Agreement was processed in conjunction with a proposal to expand the medical center. The agreement states that the overall development will be annexed in phases with the shopping center to be annexed by March 31, 2001 (completed), Delray Medical Center during the year 2005, Fair Oaks property by 2008, and Lago Vista property by 2011. This Future Land Use Map amendment is accompanied by a City initiated Annexation and initial zoning of CF (Community Facilities), which has also been scheduled for this City Commission meeting. Additional background and analysis are provided in the Planning and Zoning Board staff report attached as Support Document #4 in Comprehensive Plan Amendment 2005-1. At its meeting of May 23, 2005, the Planning and Zoning Board held a public hearing in conjunction with the City initiated Annexation, FLUM amendment and initial zoning request. No one from the public spoke on the item. After reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0 (Kincaid, Morris and Zacks absent) to recommend approval of the City initiated Annexation, FLUM amendment and initial zoning request, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, meets the criteria set forth in Sections 2.4.5(C)(4), 2.4.5(D)(5), 3.1.1, and 3.2.2 of the Land Development Regulations, and complies with Florida Statutes Chapter 171. r .,~ -.-~~ ".... -~f~-~-~ ~~» ""'~"',"""V~>~ - ~~ ",;y '1""F""","~~~~""',,,, "o"C ~ ,c'i."", ",'" ,. ~ ~ - '"'~ "'--~ ::~ l " ~ " ,·~~=i£Åg1~¡¡:~{~¡:jDl;;1~f Z\£J .~i.!:~~! ,; , , ",,' . .~. :,.¡;!\ L""""....*___ _ __....~_...,-..,~~"-_~.-.--,.:.:....kv ~"-.L_R"""~w~ª=~~~~....~~~~"-""-'=--..~.......""-"ill~~-'--=~~~~,, ",<>;~ f¡ -~-~ By motion, approve the Future Land Use Map amendment, associated with Comprehensive Plan Amendment 2005-01, from County INST (Institutional) to City CF (Community Facilities) for Delray Medical Center, 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 3.1.1 (Required Findings) of the Land Development Regulations. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---ST AFF REPORT --- MEETING DATE: May 23, 2005 AGENDA ITEM: IV.G.2.3. ITEM: City Initiated Future Land Use Map Amendment From County - INST (Institutional) To City - CF (Community Facilities) and Associated Annexation (Via the Provisions of the Executed Water Service Agreement and Consent To Annexation) With Initial Zoning of Rezoning CF (Community Facilities) For Delray Medical Center, Located on the South Side of Linton Boulevard, Approximately 1,240 Feet West of Military Trail. (Quasi-Judicial Hearing) ------- : I GENERAL DATA: Owner... .......... ................... ......... Tenet Healthcare Corporation AppJicant..................................... David T. Harden, City Manager City of DeJray Beach ; Location...................................... South side of Linton Boulevard, approximately 1,240 feet west of Military Trail. , i Property Size.............................. 30.74 Acres I Existing County F.L.U.M. I i Designation ................................ County INST (Institutional) Proposed City F.L.U.M. i Designation................................. CF (Community Facilities) ! I ! Existing County Zoning............... County IPF (Institutional and ..At._ARr Public Facilities) Proposed City Zoning................. CF (Community Facilities) ; Adjacent Zoning................North: P.B. County CS/SE and P.B. County RMlSE East: City PC (Planned Commercial) & P.B. County CS/SE South: P.B. County RS/SE West: P.B. County IPF and P.B. County RM/SE Existing land Use...................... Hospital Complex , I Proposed Land Use.................... Hospital Complex , Water Service............................. Existing on site Sewer Service............................. Existing on site IV.G.2.3 ----~-- ---- ~~~~~j: ~.~t-ifÊ1ìff\)B~¡F.:,(rR~·~f(.'E~~b~m.,.;~Jf.~~ .~. .... . .'~" .......... .:...., ..t..- ..._IIi" t~......."... : ...,.; . .. ..~........: ':".. I" "1....1 '" .-~ - -;--;.......:.'\:...... . ~..._~. JI:....,¡,,,. ...-. The action before the Board is that of making a recommendation on a City-initiated Annexation, Future Land Use Map Amendment from County INST (Institutional) to City CF (Community Facilities) with initial zoning of CF (Community Facilities) for Delray Medical Center. The affected property is located on the south side of Linton Boulevard, approximately 1,240 feet west of Military Trail, and contains approximately 30.74 acres. LOR Sections 2.4.5 (A), (C) and (D) provide rules and procedures for the processing of this petition. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map. The property under consideration is an unplatted 30.74 acre parcel which contains a 406,000 sq.ft. (approximate) hospital complex, known as Delray Medical Center. On February 3, 1981, an Agreement for Water and Sewer Service was executed for the subject property as well as for the adjacent medical office and shopping center developments. The hospital was constructed in 1982, and City water and sewer facilities were extended to the development. Over the years the hospital has been expanded. On March 18, 1999, the Agreement for Water and Sewer Service was amended and included paragraphs, which gave consent for future annexation and assessment of a stonn water assessment fee. The Agreement was processed in conjunction with a proposal to expand the medical center. The agreement states that the overall development will be annexed in phases with the shopping center to be annexed by March 31, 2001 (completed), Delray Medical Center during the year 2005, Fair Oaks property by 2008, and Lago Vista property by 2011. The City is processing the FLUM amendment from County INST to City CF and the Annexation with initial zoning of CF, pursuant to the referenced agreement. :~~""' _ ..:__bLf Lt 1.~X.. .~.~:S3¡li~,:~1~~I~.i~~~ ·~"·;:~:¡~¡J:.·~~~~):t~:.~~~L .:;~ :01.~:~~~_~~Ill:L~~~.~~~~_~: This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). REQUIRED FINDINGS: lDR (CHAPTER 3} PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use 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 Future land Use Map [Section 3.1.1(A)], Concurrency [Section 3.1.1(8)], Comprehensive Plan Consistency [Section 3.1.1(C)], and Compliance with the Land Development Regulations [Section 3.1.1 (D)]. P&Z Board Staff Report Delray Medical Center - Future Land Use Map Amendment & Annexation with Initial Zoning of CF Page 2 Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The accompanying annexation and initial zoning application is seeking a CF (Community Facilities) zoning district. The proposed CF Future Land Use Map designation is consistent with the proposed CF zoning designation. The existing hospital is allowed as a conditional use within the CF zoning district [ref. LOR Section 4.4.21(0)(1)]. Based upon the above, positive findings can be made with respect to Future Land Use Map consistency. The remaining required findings of LOR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the land Development Regulations are discussed below. Future land Use Element Policy A-i.7: Amendments to the Future land Use Map must be based upon the following findings: o Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FlUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FlUM designations of Conservation or Recreation and Open Space; nor shall it apply to FlUM changes associated with annexations when the City's advisory FlUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FlUM amendments. The above requirement does not apply as the FlUM amendment is associated with an annexation, and the advisory CF (Community Facilities) FLUM designation is being applied. The proposed City CF FLUM designation is consistent with the County INST designation. o Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The request is to apply the advisory CF FLUM designation, which was applied to this property with adoption of the Comprehensive Plan and Future Land Use Map in 1989. Thus, the designation is consistent with the goals, objectives, and policies of the Comprehensive Plan. o Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. - In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered in the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. The proposed CF designation is of the same intensity as the existing County INST --- P&Z Board Staff Report Delray Medical Center - Future land Use Map Amendment & Annexation with Initial Zoning of CF Page 3 designation. Thus, the act of officially adopting the City's Community Facilities (CF) Future Land Use Map designation has no negative impact with respect to level of service standards. o Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. North: North of the subject property, across Linton Boulevard, has a County FLUM designation of HR-12 (High Residential, 12 units per acre and is zoned RM (Multifamity Residential). The existing land use is a condominium development known as Las Verdes. There is also an existing office development abutting the north and east sides of the subject property (Delray Medical Center Condominiums). The property has a County FLUM designation of INST (Institutional) and is zoned CS/SE. South: The abutting property to the south has a County Future Land Use Map designation of MR-5 (Medium Residential, 5 units per acre) and is zoned RS/SE (Single Family Residential). The existing use of the property is the Country Lake Subdivision. East: The properties to the east, have a City Future Land Use Map designation of GC (General Commercial) and are zoned PC (Planned Commercial). The existing uses are the Walmart and Palm Court Shopping Plaza. West: The properties west of the subject property have County FLUM designations of INST (south property) and INST/8 (Institutional, with an underlying High Residential -8 units per acre) (north property), with an advisory City designation of CF (Community Facilities). The properties are zoned IPF (Institutional and Public Facilities) and RM/SE, respectively. They contain the Fair Oaks Hospital (south) and Lago Vista Rehabilitation Facility (north). The existing hospital complex has co-existed with the surrounding developments for many years. The application of the advisory CF FLUM designation to the existing community facilities property is compatible with existing and future land uses of the surrounding area. Site specific compatibility of future development with the adjacent developments will be addressed at the time of site and development plan review of future development proposals. o Compliance - Development under the requested designation will comply with the provisions and requirements of the land Development Regulations. There is no development proposal associated with the Annexation and FLUM amendment requests. Compliance with the Land Development Regulations will be addressed with future development proposals. There are no problems anticipated with the abitity to comply with the Land Development Regulations. , ~_I"<"~_ ~y ., _ _T ~ _~ _ ~ _ _ ,,~ .,...~ 7 ~ -'" - - , , b\ 'itr ~~ :'~/V( .\{ i'J>"ê~'~ ,~\ '~:I.\ ~~ <"¡ ;; ~j~ , l~¡;.__~~~~ ~",-,,"i> .~í~,:.J <,<""",,,þ~(;~ , .......Ý. ~""}~~~~"",~.;,- , land Development Reaulations Governina Annexations: Pursuant to the LDR Section 2.4.5 (C)(1), the City may initiate an annexation of private property if said right has been delegated via provisions of a water service agreement or other agreement to that end. The City initiated annexation is pursuant to the Agreement for Water and Sewer P&Z Board Staff Report Delray Medical Center - Future Land Use Map Amendment & Annexation with Initial Zoning of CF Page 4 Service and Consent to Annexation and Stonnwater Management Assessment executed on March 18, 1999. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Desianated Annexation Area: Pursuant to Future Land Use Element Policy B-3.5, the property to be annexed is located within "Annexation Area B", southwest corner of Linton Boulevard and Military Trail. Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Element Policy B-3.1). The following is a discussion of required services and the manner in which they will be and are provided (i.e. water and sewer). Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress Avenue, which serves the South County area. The property lies within Sheriff patrol zone 9. Zone 9 is bordered by Jog Road on the west, the Atlantic Ocean on the east, Atlantic Avenue on the north, and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. City police currently pass the property while patrolling areas of the City to the east of the property. Fire and Emergency Services: The annexation of this property will not require additional manpower. The adjacent municipal area is served by Fire Station No. 5 (Linton Boulevard & Germantown Road). With annexation, the property will receive an improvement in response time from the current 3.5 minutes of the County Fire Department (Pheasant Walk Station) to approximately 1.5 minute for the City's Fire Department (Fire Station No.5). Police and Fire Personnel Needs: This annexation does not directly generate the demand for additional Police and Fire personnel. However, this annexation in conjunction with the recent annexations of Country Club Acres, The Colony, and Bexley Park as well as the redevelopment that has occurred in the City have generated additional demands for personnel from both the Police and Fire Rescue Departments. These needs will be addressed through the City's budgetary process. Water and Sewer: The existing development is connected to the City's municipal water and sewer system, via 8" and 10" water mains, and 8" sewef mains. As part of the Agreement for Water and Sewer Service in 1981, these mains were extended to the site. Streets: This property has direct access to Linton Boulevard, and Military Trail via an access tract through Palm Court Plaza. Both Military Trail and Linton Boulevard are under Palm Beach ---- - ------- -- - -- -------.--- P&Z Board Staff Report Delray Medical Center - Future Land Use Map Amendment & Annexation with Initial Zoning of CF Page 5 County jurisdiction. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. As the property is currently developed as a hospital, there will be no change with respect to traffic. With any proposals for building additions, traffic will be evaluated. Parks and Open Space: The existing institutional development does not have an impact with respect to this level of service standard. It is noted however, the City currently provides approximately 8 acres per 1,000 residents of recreation space, which far exceeds the desired standard of 3 acres per 1,000 residents established in the Comprehensive Plan. Solid Waste: As there is no change in actual land use, there is no impact on solid waste disposal. The service provider will remain the same, as described later in this report. Financial Impacts: Effect Upon Annexed Property: NOTE: The following analysis includes the Fair Oaks facility, which is not being considered for annexation at this time. Palm Beach County Property Appraiser's records include Fair Oaks and the Medical Center as one parcel, which has one property control number (Tax 1.0. Number). Thus, the County's assessment incorporates all the improvements within the parcel. Prior to annexation, the two facilities will need to have their own property control numbers. The following is provided for illustration purposes and are estimates based upon the current situation. The actual fiscal impacts will be less than indicated below. For the 2004 tax year Delray Medical Center had an assessed value of $29,748,655.00. With the change from County to City jurisdiction, the following taxes and rates will be affected: Taxes MillaQe With Annexation Fire/Rescue MSTU 3.1999 Deleted (County) i Ubrary .5807 Deleted (County) City of Delray Beach 7.4500 Added (City) City of Delray Beach Debt .5500 Added (City) 4.2194 Difference* * Total tax millage in the County is 19.5051 mills while in the City the total millage rate is 23.1890 mills. The current yearly ad valorem taxes are $580,250.49. With annexation the yearly ad valorem taxes will be $689,841.56; a tax difference of $109,591.-07. In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. For non-residential units the assessment fee is calculated using the following formula (# sq.ft of impervious area/2,502) X $54. A 25% P&Z Board Staff Report Delray Medical Center - Future land Use Map Amendment & Annexation with Initial Zoning of CF Page 6 discount from the assessment is available if drainage is retained on site. Also a 25% discount from the assessment is available because the subject property is located with the Lake Worth Drainage District. As the property contains a nonresidential use, this assessment would be imposed in the amount of approximately $11,485.41. This figure excludes the Fair Oaks property. A further increase based upon new impervious surfaces will be realized with future development/redevelopment of the site. Solid Waste Authority - The South Military Trail annexation area is serviced by Waste Management (pursuant to a contract awarded on October 1, 2003), and the City's contract is currently through Waste Management. Therefore, the waste service provider will remain with Waste Management upon annexation. Occupational License Fees - The hospital has an occupational license. With the annexation, the hospital must obtain an occupational license from the City, in addition to the Cqµnty's license. The City license fee is $142. Water/Sewer Rates - The Delray Medical Center is currently served by municipal water and sewer. Properties not located within the City that receive City water and sewer service are assessed an Out-of-City surcharge. Under that scenario, annexation of properties receiving municipal water would see a 25% reduction in water and sewer rates. Thus, the hospital will experience a decrease in water and sewer rates. In conjunction with the amendment to the agreement in 1999, an "Agreement and General Release" was included whereas the City agreed to make certain reimbursements for use of certain water lines, mains and lift stations installed by the developers. The City would pay a total of $224,735.00 to cover the reimbursements set forth in the water/sewer agreement entered into by the parties in February 1981. The payment has been divided into five equal payments of $44,947.00 for a 5 year period commencing March 1, 2001. Resulting Impacts to Property Owner: ~ t /' ,,^ \0.l~ L',^~~!'"",p'{ ~ I:.;)í I\d>' c"'~~ ¡?J :: tJ ¡ r:~ rr -~ '1~ ~< J.':-'j~,} ~ ~,1"~~~_=~ ^ ' <'>' þ ~.", ',\ ^. ':Ii: "_ - "~ _" __ __.~__ _______ ___ __ ~ - "______ __ ___~ 0_-------- __ __ _~-- ---.----~- ~~.~-= FINANCIAL CONSIDERATIONS: AD VALOREM TAXES $ 109,591.07 (Change from 2003/2004 County of 19.5051 to City 200412005 rate 23.1890 mills (4.2194). NON AD VALOREM StormwaterAssessrnent $ 11,485.41 - OCCUPATIONAL LICENSE FEES $142.00 ANNUAL FINANCIAL IMPACT: $121,218.48 . Water and Sewer fees will decrease with annexation, and is based upon consumption. P&Z Board Staff Report Delray Medical Center - Future land Use Map Amendment & Annexation with Initial Zoning of CF Page 7 SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from (estimated time) 3.5 minutes Coun to 1.5 minute Ci EMS + Faster response time from (estimated time) 3.5 minutes (Coun ) to 1.5 minute (Ci POLICE + Better response based upon more officers in field CODE ENFORCEMENT reactive opportunity to work with Fisc"ållmpacts to the City: At the 2004/2005 City operating millage rate of7.45 mills and debt rate of 0.55 mills, the property will generate approximately $237,989.24 in new ad valorem taxes per year. Additional revenues will be realized through increased assessment value, the annual collection of the stormwater assessment fee, occupational license fees, as well as utility taxes (9.5% electric, 7% telephone, 8.7% gas) and franchise fees on electric, telephone, gas, and cable. REQUIRED FINDINGS: Pursuant to lDR Section 2.4.5(C)(4), the City Commission must make findings that the annexation is consistent with Objective B-3 of the Future land Use Element, and complies with F .5. 171. As stated above, the subject property is located within a designated annexation area, Area B. Its annexation is consistent with the Objective B-3 of the Future land Use Element. Also, the annexation complies with Florida States Section 171 as it pertains to annexations. The property is contiguous, reasonably compact and does not create an enclave; and, services will be provided to the property in a manner similar to other similar properties within the City. . . :..< c 1 ~ t ~ ~ f ~ ~ ~ \ ~ ~ ~ ~ \ L (~- ~ /~; ~ ~ : ~_ ....._.....~ u_. __ _<..~~~~_ v_.,..;<,~.<~.r::..~~~~...::~~ REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, 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 Future land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the land Development Regulations. Future land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment and Annexation Analysis" sections of this report. Compliance with the land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. P&Z Board Staff Report Delray Medical Center - Future Land Use Map Amendment & Annexation with Initial Zoning of CF Page 8 Section 3.2.1 (Basis for Determining Consistency): The peñormance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The peñormance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1 (C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoning Actions): Standard A, B, C, and E are not applicable with respect to this rezoning request. The applicable peñormance standard of Section 3.2.2 is as follows: - D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Compatibility is not a concern as the property currently contains a shopping center, which has existed at this location since 1982. The initial CF (Community Facilities) zoning designation will accommodate the existing hospital as a conditional use. There is no development proposal associated with this request. Compatibility of any future development proposals with the adjacent developments will be appropriately addressed with review of a site and development plan request and/or a conditional use request, if necessary. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The basis for which the rezoning should be granted relates to Item "b", however, Item "c" is also applicable. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach reserve annexation area. The annexation requires that an appropriate City zoning designation be applied to the property. The CF zoning designation is of similar intensity as that allowed under the proposed City CF and existing County INST land use designations. P&Z Board Staff Report Delray Medical Center - Future land Use Map Amendment & Annexation with Initial Zoning of CF Page 9 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The property is development is allowed under the proposed CF zoning districts. With review of the annexation request, a site visit was conducted and did reveal some code violations, which primarily related to landscape deficiencies. Any future development will be required to comply with the land Development Regulations. 'n- ~ '0 ,r ~ " ~ ". ~ ~~~-,~ -~~~,' ~-f~- > -;:~L(rL v?< \>~( " ¿>~ '": "" K ~ '~¿l ;:;'«0 ~ :t ~ ~ \ _ . $:-->;1 ~¡ ..,...( <-J~ Ai, ~3' ~t:!J, t ,-n.Þ<~ .p:; :;') ... + - . > ~ ..., ~~_~~""'...~=;,)--=~¡>;'"<._""~'"""'~~,,~~~~:;:u~""~ ~,",~"'0~~..~~~......~~~""'--...,,,~_~~~~-u~~/o>~ The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Palm Beach County Notice: On May 4, 2005, the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date, a response has not been received. IPARC Notice: Notice of the Future land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. CourteSY Notice: Courtesy notices were sent to the following homeowners associations and civic associations: . PROD (Progressive Residents of Delray) . Presidents Council Public Notice: Formal public notice has been provided to the property owner and to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ~V+ + ~ v ~ ~ ~ . - - ~ '~( ¡ , ,;, :' ~V~ ~ ':;.,~ ,~'.úl~ ~~:r ,:, }'~!i;1 'g, /G) ~¡ ê?;l L¡<~); c ¡",. ,'&. " ", , t _~ " _ .. " ;'~í- '" " ~ ...<, _+ = < "" :'::c! _'''''''''' <+; $~ "'-: ~':".l ~ß ~ " .._ _ ,,_ ""'~ ,,-_A j",-"'" >' "l _-' ...i~""")~"""'~ . c_" .." ~_ ",,~...,..,...~ ~~__~_ ~~ _"",-"0,.~",,~_,,,,,~"""'-~<.o.~-'::: ~~-= ....<'~~~=~'"""'...;;~_L.....~..,~~'"""""~~~.,.._=-~......,~=~ Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan, and Sections 3.1.1 and 3.2.2 of the land Development Regulations, and the policies of the Comprehensive Plan. The change is to a designation allowing a similar intensity as currently developed, and allowed under the existing County land use designation. Accommodating the annexation of this property and affixing an initial City zoning designation of CF (Community Facilities) is consistent with the City's program for annexation of territory within its Planning and Service Area. The CF zoning designation is consistent with the existing use of the property. The annexation will provide the property with better Police, Fire, EMS and Code P&Z Board Staff Report Delray Medical Center - Future land Use Map Amendment & Annexation with Initial Zoning of CF Page 10 Enforcement services, however, will experience an increase in taxes and stormwater assessment fees. Positive findings can be made with respect to LOR Section 2.4.5(C)(4) and 2.4.5(0)(5), which relate to required findings for Annexations and Rezonings. The City will receive additional revenue from property taxes, stormwater assessment fees, and per capita revenues, which will result in a net increase to the City. In addition, revenues will be received from utility taxes and franchise fees. A. Continue with direction. B. Move a recommendation of approval to the City Commission for the City initiated Annexation, Future Land Use Map amendment from County INST to City CF (Community Facilities) and initial zoning designation of CF for Delray Medical Center, 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 Sections 2.4.5(C)(4), 2.4.5(0)(5), 3.1.1, and 3.2.2 of the Land Development Regulations, complies with Florida Statutes Chapter 171. C. Move a recommendation of denial to the City Commission for the City initiated Annexation, Future Land Use Map amendment from County INST to City CF (Community Facilities) and initial zoning designation of CF for Delray Medical Center, 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 Sections 2.4.5(C)(4), 2.4.5(0)(5), 3.1.1, and 3.2.2 of the Land Development Regulations, and does not comply with Florida Statutes Chapter 171. ! "..:~~.k~... ~·_~~.~__·:..Æ:t.~~J;~·} _·.~~:·~J~~:fL?I~/a è~J!·~) _'~\.~L: ~L i. _..___. c.__. _""~_ ~.~ -'-.~~ .0. p . Move a recommendation of approval to the City Commission for the City initiated Annexation, Future land Use Map amendment from County INST to City CF (Community Facilities) and initial zoning designation of CF for Delray Medical Center, 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 Sections 2.4.5(C)(4), 2.4.5(0)(5), 3.1.1, and 3.2.2 of the Land Development Regulations, complies with Florida Statutes Chapter 171. Attachments: Future Land Use Map & Zoning Map LAS \o£RDES DR! \0£ CF DUNCAN CENTER DELRA Y TOWN CENTER LINTON B 0 U LEV A R 0 CANAL L-J6 South Trust ...J Bank - PALM « a::: COURT I- BOCARA Y PLAZA PLAZA t") SOCfiOUNTY I >- w GC a::: MENTAL HEAL 7H .« CEN TER -' l- e:( WAL-MART z ...J SOU TH COUN TY PROF. « - ::::!: u CEN TRE CONDO ClRa.£ COUNTRY LAKE P.B. COUNTY MR-5 ::> 0 V> N DELRA Y MEDICAL CENTER ANNEXATION - FUTURE LAND USE MAP AMENDMENT CITY Of" DORAY BEACH FL fRO/,L PALM BEACH COUNTY INST (INSTITUTIONAL) TO CITY Cf (COIAMUNITY fAClUTIES) PlANMING '" ZONING DEPARn.tENf -- DlCITAL BASE MAP SYSTEM -- MAP REf L....S28 LAS VERDES DRIVE CF DUNCAN CENTER DELRA Y TOWN CENTER LINTON BOULEVARD L-36 South Trust ...J Bank PALM <: COURT a::: I- 80CARA Y PLAZA PLAZA I") I >- SOUTH COUNTY w a::: MENTAL HEAL TH <: CEN TER C ...J I- « WAL-MART z ...J SOU TH COUN TY PROF. « - POC ~ u CENmE CONDO ClRa..£ P.B. COUNTY RS/SE COUNmy LAKE :I: I- :;:) 0 (J) N DELRA Y MEDICAL CENTER ANNEXATION - CITY Of" O£lRAr BEACH. fL WITH INITIAL CITY ZONING DESIGNATION OF CF (COMMUNITY FACILITIES) P\.ANN1NG & ZOtftNG DEP AIHIoIEN T -- OICIrAL BASE MAP SYSTEM -- IdAP REF: LM828 oj( 071 1 CITY COMMISSION DOCUMENTATION ( TO: DA~~~TY MANAGER THRU: PAl\j~ CTOR OF PLANNING AND ZONING FROM: WAR ISTORIC PRESERVATION PLANNER SUBJECT: MEETING OF JUNE 7,2005 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.4.21 "COMMUNITY FACILITIES (CF)" TO ADD SENIOR HOUSING AS A CONDITIONAL USE IN THE CF (COMMUNITY FACILITIES) DISTRICT. SECTION 4.3.3 "SPECIAL REQUIREMENTS FOR SPECIFIC USES" TO PROVIDE SPECIFIC REGULATIONS FOR "SENIOR HOUSING" AND APPENDIX A "DEFINITIONS" TO PROVIDE A DEFINITION FOR SENIOR HOUSING I' .. BACKGROUND 1 The City has received a privately initiated LOR text amendment from the Community Redevelopment Agency (CRA) to allow Senior Housing facilities in the CF zoning district. This Amendment also provides for special requirements for that use and a definition of Senior Housing. If approved, the applicant is proposing to alter the historic La France Hotel and construct a 3,850 square foot two-story addition to provide a Senior Housing Facility offering affordable housing units for residents of 60 years and older. The Senior Housing Facility will contain 14 units, each of which will have a kitchen and bathroom. This would address a need for affordable housing for the senior residents of Delray Beach who cannot afford market rate housing at their current income level. The CRA, who recently purchased the property, has made a commitment to the community to preserve the historic structure and adapt it for re-use. 1 . - , PLANNING AND ZONING BOARD CONSIDERATION 1 The Planning and Zoning Board held a public hearing regarding this item at its meeting of May 23, 2005. After discussing the amendment, the Board voted 4-0 to recommend to the City Commission approval of the proposed amendment to add Senior Housing as a conditional use to the CF zoning district (LOR Section 4.4.21), add specific requirements for the use under LOR Section 4.3.3 (Specific Requirements for Specific Uses) and add a definition for Senior Housing (Appendix A). t . I . RECOMMENDED ACTION 1 By motion, approve on first reading the ordinance amending Land Development Regulations Section 4.4.21, Community Facilities, Section 4.3.3 "Special Requirements for Specific Uses" and Appendix A, Definitions, 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 Sections 2.4.5(M) of the Land Development Regulations and setting a public hearing date of June 21 I 2005. Attachments P&Z Board Staff Report of May 23, 2005 & Ordinance by Others \QC- ---- t _.!,-~~~~I~~_"~N£? ~~NI~G ~~A~Ø MEM~RA~DU~ ~_TÃ~~ REP~RT "". _I: MEETING DATE: MAY 16, 2005 AGENDA ITEM: IV.B. - AMENDMENT TO LDR SECTION 4.4.21 "COMMUNITY FACILITIES (CF)" TO ADD SENIOR HOUSING AS A CONDITIONAL USE IN THE CF (COMMUNITY FACILITIES) DISTRICT; SECTION 4.3.3 "SPECIAL REQUIREMENTS FOR SPECIFIC USES" TO PROVIDE SPECIFIC REGULATIONS FOR "SENIOR HOUSING" AND APPENDIX A "DEFINITIONS" TO PROVIDE A DEFINITION FOR SENIOR HOUSING. C·" '. .~:"" -=,. -=-"_~:_ I!~~ ~E~ORE "T~E ~þARp ___. . ~"~.." . ~~~" ~.-' . - '"] The item before the Board is a Privately Initiated Amendment to the Land Development Regulations Section 4.4.21 "Community Facilities (CF)" to add Senior Housing as a Conditional Use in the CF (Community Facilities) District; Section 4.3.3 "Special Requirements for Specific Uses" to provide Specific Regulations for Senior Housing and Appendix A "Definitions" to Provide a Definition for Senior Housing, 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. I ...-... .,u I l:i::·~·;:;'-·.. .. - ...n_ n:. .., .. ... BACKGROUND' 1 The City has received a privately initiated LDR text amendment from the Community Redevelopment Agency (CRA) to allow Senior Housing facilities in the CF zoning district. The applicant is proposing to alter the historic La France Hotel and construct a 3,850 square foot two-story addition to provide a Senior Housing Facility which will offer affordable housing units for residents of 60 years and older. On completion, the Senior Housing Facility will contain 14 units, each of which will have a kitchen and bathroom. There is a need for affordable housing for the senior residents of Delray Beach who cannot afford market rate housing at their current income level. The CRA recently purchased the property and has made a commitment to the community to preserve the historic structure and adapt it for re-use as a Senior Housing Facility. Associated with this text amendment are an application for rezoning from R-1-A (Single Family Residential) to CF (Community Facilities), and a Conditional Use Application to establish a Senior Housing Facility. The applicant has submitted the following narrative (excerpts) that outlines the justification for the proposed amendment: "The LOR amendment is needed since the LOR has no such provisions for this type of project without a future land use change to a commercial or higher density future land use designation. Current land development regulations of many municipalities, including the Oelray Beach LOR, categorize housing accommodations for the elderly either as those that are subject to the licensing requirements of the State (such as assisted living facilities, Planning and Zoning Board Staff Report LDR Amendment to Add Senior Housing As A Conditional Use In The CF (Community Facilities) District Page 2 skilled nursing, or convalescent homes, or continuing care facilities), or as traditional market rate adult residential communities. As the average life expectancy for the U. S. rose to its highest mark (77.6 years) as indicated by a report released in February 2005 by the National Center for Health Statistics, more flexible use regulations should be made available for the aging citizens of Delray Beach. In addition, the proposed amendment will be providing affordable rental housing for low to very low income senior citizens in the downtown area. The location of the proposed project is also ideal for senior residents since it is an a quiet residential neighborhood and within walking distances to needed services such as mass transit, commercial, cultural, recreational, and public facilities. The project was developed to provide a transition from the commercial corridor to the west while maintaining a residential character of the West Settlers Historic District. A deed restriction will be voluntarily imposed on the site to maintain the compatibility with the single- family homes and the facility is anticipated to be included in the Community Land Trust to ensure affordability for the seniors in the future. The CRA will partner with an agency such as the Delray Beach Housing Authority to qualify the residents and oversee the daily operation and management of the facility. Depending on the timing of the improvements, it may provide relocation opportunities for elderly residents of Carver Estates." I~~____. . _~.~~~~.. LD~_!~XT A~_~~D.M~-Ñ~(~N~.LÿŠis---·: .:. ......... .-' ·..·~~~..·I The amendment proposes to allow Senior Housing as a conditional use within the CF zoning district. The Senior Housing Facility will provide affordable housing to residents of Delray Beach who are aged 60 and over and will help to address current issues such as gentrification and involuntary displacement. The amendment contains provisions to ensure that the facilities are compatible with the surrounding residential neighborhood and are not institutional in appearance. Since it would be most beneficial for these facilities to be spread throughout the community and not be concentrated in anyone location, a condition that facilities are not be located closer than 1,000 feet to each other has been included. To accommodate the special needs of seniors, facilities must be located within 600 feet of a mass transit stop and an on-site property manager is required to remain on the premises overnight. The following is the "Purpose and Intent" of the CF zoning district: liThe Community Facilities (CF) District is a special purpose zone district primarily, but not exclusively, intended for locations at which facilities are provided to serve public, semi-public, and private purposes. Such purposes include governmental, religious, educational, health care, social service, and special facilities. It is also applied to regulated properties subjected to a transfer of development rights pursuant to Section 4.6.20. JJ The addition of 'Senior Housing Facilities' as a conditional use within this district is consistent with the 'Purpose and Intent' and is complementary to the uses already allowed within the CF district. Planning and Zoning Board Staff Report LOR Amendment to Add Senior Housing As A Conditional Use In The CF (Community Facilities) District Page 3 , &'~-" ~_..- -'--'''--'- --.- - ..... ---I REQUIRED FINDINGS ! II .... _ ..__ _ _ .. LDR Section 2.4.5{MH5) (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. COMPREHENSIVE PLAN POLICIES: A review of the goals, objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective was noted: Housina 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. There is a growing need for affordable housing for the senior residents of Delray Beach. Approval of the text amendment will allow Senior Housing Facilities to be provided within the CF (Community Facilities) Zoning District throughout the City to address this need by providing affordable housing for citizens of 60 years of age and older. The accommodations for senior housing will enrich the social and cultural fabric of the entire community. r-:-·~ ------" - ---ÄS""S-E""S S M Ë Ñ T"--A"ttJ D C oNc L ii S ION - -----I The current land development regulations of many municipalities, including Delray Beach, categorize housing accommodations for the elderly either as those that are subject to the licensing requirements of the State (such as assisted living facilities, skilled nursing, or convalescent homes, or continuing care facilities), or as traditional market rate adult residential communities. The addition of 'Senior Housing Facilities' as a conditional use within the CF zoning district will offer affordable housing units to the senior residents of Delray Beach who cannot afford market rate housing at their current income level. The text amendment is required as the LDRs have no such provision for this type of use. This use will help address current issues such as gentrification and involuntary displacement by allowing senior residents to continue living in Delray Beach without the fear of being forced to move because of rising costs. I!" :... m_·-~~." - -.- ""~~_~þ ~ ~ ~ _~-é-~__~_ ~ C~! I.~.~_ _ "-:_~~~.-"-~-.." -:J By motion I recommend to the City Commission approval of the proposed amendment to Section 4.4.21 "Community Facilities (CF)" to add Senior Housing as a Conditional Use in the CF (Community Facilities) District; Section 4.3.3 "Special Requirements for Specific Uses" to provide Specific Regulations for 'Senior Housing' and Appendix A "Definitions" to Provide a Definition for 'Senior Housing', 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 Sections 2.4.5(M) of the Land Development Regulations. Attachment: Proposed Amendment ---~- ORDINANCE NO. 39-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING APPENDIX "A", "DEFINITIONS", BY ENACTING A DEFINITION OF "SENIOR HOUSING"; AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING A NEW SUBSECTION 4.3.3(II), "SENIOR HOUSING", IN ORDER TO PROVIDE REGULATIONS FOR SAME; AND AMENDING SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO PROVIDE FOR THE INCLUSION OF SENIOR HOUSING AS A CONDITIONAL USE ALLOWED IN THE CF ZONING DISTRICT; PROVIDING A SA VINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on May 23, 2005 and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.317 4(4)( c), the Planning and Zoning Board, sitting as the Local Planning Agency, has detennined 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. WHEREAS, the City Commission of the City of Delray Beach, desires to allow housing facilities for low income seniors to exist within the City of Delray Beach; and WHEREAS, the City Commission of the City of Delray Beach desires to provide zoning criteria and regulations for this type of use within the City of Delray Beach in order to help promote and ensure compatibility of this new use with other already existing uses within the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Appendix "A", "Definitions", 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: SENIOR HOUSING A facility which is owned or operated by a public or nonprofit agency. offering affordable housing for a period exceeding 24 hours. accommodating between 6 and 30 residents 60 years of age or older unrelated to the owner or administrator by blood or marriage. excluding the on-site property manager. The facility shall not offer food. medical. or personal services to the residents. Section 3. That Section 4.3.3., "Special Requirements for Specific Uses", Subsection 4.3.3(11), "Senior Housing" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby enacted to read as follows: (II) Senior Housinl!: See the definition of Senior Housing for clarification of terms and qualifyinQ standards. 1) Floor Area: a) Rooms: The total floor area for each unit shall be a minimum of 400 square feet in area. b) Common Area: At least 10% of the total floor area shall be devoted to a common area. exclusive of halls. corridors. stairs. and elevator shafts. wherein a variety of recreational or therapeutic activities may occur. 2) Facilities and Requirements: a) A sleeping room and separate bathroom facilities shall be provided for an on-site property manager who is required to remain on the premises overnight. b) Adult residents may utilize private medical care or personal services while in residence and may not have a nurse in residence. c) No more than two (2) residents shall be housed per unit. d) Senior Housing located in any zoning district shall provide outdoor amenities. landscaping. design features. and yard space to serve the residents. Such features shall be reviewed and approved concurrent with 2 ORD. NO. -05 - Conditional Use Approval. e) The facility shall not provide non-recreational services such as beautician. barber, tailor. seamstress, sale of convenience goods. and entertainment. f) Commercial rated cooking equipment may be permitted provided such features shall be reviewed and approved concurrent with the Conditional Use approval. Meals prepared from these eQuipments shall only serve the residents. g) The facility shall accommodate low to very-low income residents 60 years of ape or older. 3) Intensitv: A minimum of 900 SQ. ft. of lot area is required per bedroom. 4) Appearance: Senior Housing Facilities shall have building elevations which are residential III character and similar III appearance to the surrounding neighborhood and shall not be institutional in appearance as determined by the Site Plan Review and Appearance Board or the Historic Preservation Board. 5) Locational Factors: a) Such use shall also be within a 600 foot radius of a mass transit stop. b) Such use shall not be located within a radius of 1 ,000 feet, measured from parcel to parcel. of another senior housing facility. 6) Parkine: Requirement: One (1) parking space shall be provided for each sleeping room plus one (1) parking space shall be provided for an on-site property manager. 7) Sie:naQe: SignaQe is limited to one (1) freestanding sign with a maximum of eight (8) square feet in area and a maximum height of three (3) feet, measured from finished grade to highest point. Section 4. That Section 4.4.21, "Community Facilities (CF) District", Subsection 4.4.2l(D), "Conditional Uses and Structures Allowed", 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: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CF District: 3 ORD. NO. -05 - --~--- (1) Health Care, such as: adult congregate living; continuing care; homes for the aged; nursing homes; residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D); hospitals, with or without helipads and associated laboratories, treatment centers, rehabilitation centers, and testing facilities; and mental health treatment facilities including residential care. (2) Private educational facilities pursuant to the regulations set forth in Section 4.3.3 (HHH), and vocational schools except for training or programs which can be conducted in multipurpose buildings or offices (e.g. a dance school, real estate school, etc.) which may be located in various commercial districts, pursuant to the regulations set forth in Section 4.3.3 (HHH). (3) Services, such as: Community Residential Homes and Group Homes, Type 2, pursuant to restrictions set forth in Section 4.3.3(1)... Senior Housing as set forth in Section 4.3.3 (II). (4) Transportation, such as: bus stations, railway stations, taxi dispatch (more than one taxi), and park and ride areas. (5) Special Services and Facilities, such as: privately operated parking lots and garages; stadiums and arenas; refuse transfer stations; resource recovery facilities, pursuant to provisions of Section 4.3.3(Z); and power transfer stations. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. 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 4 ORD. NO. -05 - First Reading Second Reading 5 ORD. NO. -05 - OJ:; [IT' DF DELRAY IEA[H ~ CITY ATTORNEY'S OFFICE 2no "J\\' ht A\Tt'~t'E· DELR-\Y BEACH. FLORIDA 33444 TELEPHOì\E 561/243-:f)90' FACSI\IILE 561/1ì8-4755 OELRAY BEACH Writer's Direct Line: 561/243-7091 f L 0 It I D ... Da.d All-America City , , III! DATE MEMORANDUM May 23, 2005 1993 TO: City Commission 2001 David Harden, City Manager ,""'- ............... - . FROM: Brian Shutt, Assistant City Attorney SUBJECT: Interlocal AQreement with CRA on Transfer of Property to City The attached interlocal agreement between the CRA and City provides that the CRA shall transfer a parcel of land, located at the end of Lake Avenue North adjacent to the Old Palm Grove Development, at no cost, to the City. The property is located adjacent to property that will be used as a pocket park. The property will be used to enhance the size of the pocket park. Our office requests that this item be placed on the June 7,2005 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Diane Colonna, CRA Executive Director \()b · - ,. RESOLUTION NO. 38-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO RECEIVE FROM THE COMMUNITY REDEVELOPMENT AGENCY CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, DESCRIBED AS THE NORTH 55' OF LOT 19, BLOCK C, LA HACIENDA LOCATED AT THE END OF LAKE AVENUE NORTH AS MORE PARTICULARLY DESCRIBED HEREIN; HEREBY INCORPORATING AND ACCEPTING THE INTERLOCAL AGREEMENT STATING THE TERMS AND CONDITIONS FOR THE TRANSFER BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY AND THE CITY OF DELRA Y BEACH, FLORIDA. WHEREAS, the City ofDeIray Beach, Florida, wishes to acquire the North 55' of Lot 19, Block C, La Hacienda, for public park purposes; and WHEREAS, the Community Redevelopment Agency desires to transfer the property hereinafter described to the City of Delray Beach Florida; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of DeIray Beach, Florida, hereby agrees to receive from the Community Redevelopment Agency land for public park purposes; said parcel being more particularly described as follows: The north fifty-five feet of Lot 19, Block C, La Hacienda, according to the plat thereof, as recorded in Plat Book 15, Page 6, of the public records of Palm Beach County, Florida. Section 2. That the tenns and conditions contained in the Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency are incorporated herein. PASSED AND ADOPTED in regular session on the _ day of , 2005. MAYOR ATTEST: City Clerk ------ INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRA Y BEACH AND THE DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY THIS INTERLOCAL AGREEMENT is made this ~day of -.M.Nf--' 200~ by and between the CITY OF DELRA Y BEACH, a Florida municipal corporation ("City") and the DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA"). WIT N E SSE T H: WHEREAS, the CRA owns the property described in Exhibit "A" and wishes to transfer ownership of the property to the City for use as park area; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitations. The recitations set forth above are hereby incorporated herein. 2. Transfer of Property. The CRA shall transfer the property as described in Exhibit "A", to the City, without any cost to the City. The transfer shall be by special warranty deed and the City shall use the property as park area in order to supplement the pocket park located in the Old Palm Grove Development. 3. Term. The term of this agreement shall commence when approved by both parties and when executed by the last signatory to this agreement and shall expire upon the transfer of the property from the CRA to the City. 4. Interlocal Aareement. This Interlocal Agreement shall be filed pursuant to the requirements pursuant to Section 163.01(11), Florida Statutes. ~----- 5. Final Aareement: Modification. 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 of this agreement shall be in writing and executed by the parties. 6. Severability. The invalidity of any portion, article, paragraph, provision, clause, or any portion thereof contained within this Agreement shall have no force or effect upon the validity of any other portion hereof. 7. Laws: Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. Venue for any action arising from this agreement shall be in Palm Beach County, Florida. 8. Sianatures Required. This Agreement shall not be valid until signed by the Mayor and City Clerk. (This space intentionally left blank) 2 A TIEST: CITY OF DELRAY BEACH, FLORIDA By: , City Clerk Approved as to Form: City Attorney Witnesses: STATE OF FLORIDA COUNTY oR þ....~ ßeoc.t- . . The foregoing instrument was acknowledged before me this ~ day of ff\ '" ~^ , 200sbY~ð EJ \; ~ (name of officer or agent, title of lmœr or agent) orQ: \rtÃ.~ ~<¡..., C( d\., (name of corporation acknowledging), a BOt ~ tL~ (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 and did (did not) take an oath. ,,,UIIUIIIII. !.~ s~ . RIGI/"'" ~ \:> ......... 'I' ~ ~ ..~\SSION~.. \, .:::: '0 30 .... ~ .. G~c.~ '<'è! ~'. ~ .;::¡- "'~. ~ :: . . .. =*: ..... :*= -= . . - - . . - ~ð" #00412647 :~~ ~ ~.~ ~'cf.~ ~~'" trtØ .'~ ~ ~ '}- . .' ~ ~~~e¿··..··;t<fc ~ 1111. IC, 51" ~\'o;¡ 1111t1ll"""\\\~ 3 Exhibit A Legal Description The north fifty-five feet of Lot 19, Block C, La Hacienda, according to the plat thereof, as recorded in Plat Book 15, Page 6, of the public records of Palm Beach County, Florida. 4 I 81l- I lJffT I I loil --- n ---- I T E ALLEN ,VE. I- " I~ ~ ~~I ~~ ~ I ROYAL PALM BLVD. )1Jf \\\\\\\1 : $ (~ - I \.:~ THE ~ I EASTVlEW AVE. \ ESTUAR) I - ~ I /1 , S;_~øft- '-£/1111 I 1111111HlL-/ (\\\\\ì::' = (/) LAKE AVENUE N. ~~'\:~,J - -J .2 I 1 I I I I I I I IC.I ~ ) - -J .-) 1 I I ,. I 1 I I I I _ 1 ~ .q: ~ I, I .. - I I I II~ l- II/ III/ I I I II J , I If=! (I /P/1' U) r LAKE AVENUE S. ~ '/ (', <:t r f I' I I I I I I I I ~~I ìr1r ,JKAI II J I I I I J I I I I ..~, II IL 1/ Ù ~ ~ I I ~ '- L.Q.ENERY At-. / I 1 ~ :: N LA HACIENDA GARDENS PARK .....V:IIIID r., DEDICATED TO CITY _SITE OF PROPERTY AS IWU OF OLD TRANSFER BETWEEN I. PAlM GROVE PRD 11iE CITY AND CRA OTY Of DEUlAV IIEAOI. Fl PLAHIIINC . ~ ŒPIIR1IIENT -- DICf1)U. BASC MAP $'I'STEJI -- -~ - - -~-~ ~~- -- t' 1 ~ -- '~":~:.:;;.0~~·.:!.r tlrt·~Q_sšibWêöéin~øËNTATìõUP"t.··:,..-....,;:... -.-". ' . .... '''(! ".'J~ . : ~ .~. .1 ,.. .: _ TO: DA~D N, THRU: ~G, FROM: ALD G SUBJECT: MEETING OF JUNE 7, 2005 CITY INITIATED REZONING FROM COUNTY AR (AGRICULTURAL RESIDENTIAL) TO CITY R-1-A (SINGLE FAMILY RESIDENTIAL) FOR COUNTRY CLUB ACRES, LOCATED ON THE EAST SIDE OF MILITARY TRAIL, SOUTH OF ATLANTIC AVENUE. -~. ...'. ,. ~·.-·r· . "''11'' ~r ,..., - "'-'''èf(i'--- ~ . ". '" ò .' .., : ;.!¡', A, '.,:.. . .' ~ BA GR I ( ,-\. " r- +" .".... . ....., ~ I· ,." r ..... . ~. . :... a'." ..... '.... The subject property, known as the Country Club Acres subdivision, consists of 18.16 acres of land located along Jefferson Road, Whatley Road and Lincoln Road. It contains ninety-five (95) individual parcels with eighty-one (81) single family residential homes and fourteen (14) vacant residential parcels. On April 19, 2005, the City Commission approved on second reading, the voluntary annexation of forty six (46) of the (95) parcels located within the subdivision. During the same meeting the City Commission also approved the annexation for the balance of the Country Club Acres subdivision (49 parcels contained within seven enclaves and the local right of ways via interlocal agreement. The Interlocal Agreement was approved by the County Commission on May 3rd, 2005. This Rezoning is accompanying a City initiated Future land Use Map Amendment for the property from County MR-5 (Medium Density Residential 0-5 du/ac) to City lD (low Density Residential 0-5 du/ac) as part of Comprehensive Plan Amendment 2005-1, which has also been scheduled for this City Commission meeting. Additional background and an analysis of the request are provided in the Planning and Zoning Board Staff Report attached as Support Document #3 in Comprehensive Plan Amendment 2005-1. Second reading of the rezoning request will be postponed until Comprehensive Plan Amendment 2005-1 returns from State review. The estimated date for the public hearing is August 2, 2005. At its meeting of May 23, 2005, the Planning and Zoning Board held a public hearing in conjunction with the FlUM amendment and Rezoning request. During the Public Hearing, two residents had questions concerning the schedule for infrastructure improvements in the neighborhood and a request for a public park on a vacant lot in the area. After reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0 (Kincaid, Morris and Zacks absent) to recommend approval of the FlUM Amendment and Rezoning request by adopting the findings of fact and law contained in the staff report, and finding that the requests and approval thereof are consistent with the Comprehensive Plan and meet criteria set forth in Section 2.4.5(D)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the land Development Regulations. ÞWËAi"' _....~ :t-òì·~~F.K~¥,·"'~lj""""~·I..· ~ . DEn I. N·!~:. \,;t. ¡'::. :'" ...:::~ .:;........ By motion, approve on first reading Ordinance No. 32-05 for Rezoning from County AR (Agricultural Residential) to City R-1-A (Single Family Residential) for Country Club Acres, 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(D)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the land Development Regulations. Attachment: Ordinance No. 32-05 \ ;;;, A --- ! -"- ORDINANCE NO. 32-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING INITIAL ZONING OF R-1-A (SINGLE F AMIL Y RESIDENTIAL) DISTRICT; SAID LAND LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC A VENUE, EAST OF Mll.lTARY TRAil.." AS MORE P ARTICULARL Y DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. WHEREAS, at its meeting of May 23,2005, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0 to recommend the establishment of an initial zoning classification of R-1-A (Single Family Residential), based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies ofthe 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; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of R-1-A (Single Family Residential) District for the following described property: Lots 1-7, Inclusive and Lots 12-18, Inclusive, Plat of Country Club Acres, as recorded in Plat Book 24, Page 10 of the Public Records of Palm Beach County, Florida. Together with; , . ... -- Lots 19-44, less Lot 22 and Lot 29 for road right-of-way, Plat of First Addition to Country Club Acres, as recorded in Plat Book 24, Page 16 of the Public Records of Palm Beach County, Florida. Together with; Lots 45-60, Inclusive, Lots 64-120, Inclusive, less the West 5' of Lot 102 for State Road 809 Road right-of-way, Plat of Second Addition to Country Club Acres, as recorded in Plat Book 24, Page 21 of the Public Records of Palm Beach County, Florida. Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map ofthe City ofDelray Beach, Florida, to confonn with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon the effective date of Ordinance 31-05, under which official land use designation of LD (Low Density Residential 0-5 duJac) is affixed to the subject parcel hereinabove described. 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 2 ORD NO. 32-05 . ~ 5/23105 . ORDINANCE NO. 41-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER 100, "NUISANCES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 100.01, "EXISTENCE OF WEEDS, TRASH AND VEGETATION UPON LANDS PROHIBITED", TO PROVIDE THAT VEGETATION OR TREES WHICH INTERFERE WITH TRAFFIC FLOW, SAFETY OR UTILITIES ARE A NUISANCE AND TO PROVIDE FOR ENFORCEMENT; BY AMENDING SECTION 100.02, "LANDS TO BE KEPT FREE OF DEBRIS, VEGETATION AND THE LIKE", TO READ "HURRICANES; LANDS TO BE KEPT FREE OF DEBRIS, VEGETATION AND THE LIKE", TO ADD A DUTY TO CORRECT AND INSPECT AND TO ADD UTILITIES AS A HAZARD; BY REPEALING SECTION 100.20, "INSPECTION OF LANDS TO DETERMINE VIOLATION"; BY AMENDING SECTION 100.21, "NOTICE OF VIOLATION REQUIRED", TO READ, "NOTICE OF VIOLATION REQUIRED; ABATEMENT AND ALTERNATIVE ENFORCEMENT", TO PROVIDE ALTERNATE ENFORCEMENT PROCEDURES, BY AMENDING SECTION 100.22, "CONTENT AND FORM OF NOTICE", TO CLARIFY NOTICE REQUIREMENTS; BY AMENDING SECTION 100.23, "NOTICE OF RECURRING NUISANCE REQUIRED; CONTENT AND FORM", BY ENACTING A NEW SECTION (A) TO PROVIDE FOR NO NOTICE FOR RECURRING NUISANCES THAT OCCUR WITH A 12 MONTH PERIOD, RELETTERING/RENUMBERING AND DELETING DUPLICATIVE NOTICE PROVISIONS; TO ADD SUBSECTION 100.23(C), TO PROVIDE THAT NOTICES OF RECURRING PUBLIC NUISANCE PURSUED UNDER THE CODE ENFORCEMENT PROCESS SHALL BE ISSUED IN ACCORDANCE WITH LAW; BY AMENDING SECTION 100.26, "ASSESSMENT OF COSTS, INTEREST AND ATTORNEY'S FEES; LIENS", TO REMOVE THE REFERENCE TO THE LAWS OF FLORIDA; BY AMENDING SECTION 100.27, "ENFORCEMENT OF ASSESSMENT; PRIORITY OF LIEN", TO CLARIFY THE ENFORCEMENT PERMITTED; AND TO PROVIDE GRAMMATICAL CHANGES TO ALL SECTIONS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 1 ORD. NO. 41-05 ~"\}1~ ~ \'l. ~ ~ 5123105 WHEREAS, the nuisance abatement procedure needs to be updated to provide that the nuisance abatement process as well as the code enforcement process and other enforcement procedures as allowed by law may be used to correct nuisances; and WHEREAS, trees which are likely to threaten buildings and utilities during hurricane force winds are issues that should be addressed as nuisances. Section 1. That Section 100.01, "Existence of Weeds, Trash and Vegetation Upon Lands Prohibited" is hereby amended to read as follows: Sec. 100.01. EXISTENCE OF WEEDS, TRASH AND VEGETATION UPON LANDS PROHIBITED. (A) (1 ) The existence of weeds, dead or living plant life, undergrowth, brush, trash, filth, garbage or other refuse on any lot, tract or parcel of land in the City, whether improved or unimproved, which has caused the property to become, or which may reasonably cause the property to become infested or inhabited by rodents, snakes, vermin or wild animals, or may furnish a breeding place for mosquitoes or threatens the public health, safety or welfare, or may reasonably cause disease, or adversely affects and impairs the economic welfare of other property, is declared to constitute a public nuisance and is prohibitedï.:. aAå eEvery owner of real property in the City has a duty to keep his property free of any nuisance at his expense. (2) The existence of weeds or other dead or living plant life or vegetation which Ra¥e has attained a height of twelve (12) inches or more, and which oxist on any lot, tract or parcel of land in the City, whether improved or unimproved, shall be presumed to be detrimental to the public health, safety and welfare, and thus shall be presumed to constitute a public nuisance under the terms and conditions of this subchapter. (3) The existence of accumulations of vegetative (i.e. yard and garden) trash mixed with other types of refuse is deemed to be detrimental to the public health, safety and welfare and thus deemed to be a public nuisance and prohibited. Such mixed accumulations shall not be picked up by the City's sanitation franchisee during regular collection routes but shall be subject to abatement or citation or code enforcement action or other enforcement as are other nuisances in any manner set forth in this Chapter. (4) The existence of accumulations of loose, u ncontainerized, or unbundled refuse.;; other than heavy, bulky items; is deemed to be detrimental to the public health, safety and welfare and thus shall be deemed te-be a public nuisance and is prohibited. Tho aforesaid Such accumulations shall not be picked up by the City's sanitation franchisee during regular collection routes but shall be subject to abatement by 2 ORD. NO. 41-05 5/23105 citation, or code enforcement action or other enforcement as are other nuisances in any manner set forth in this Chapter. (B) The existence of any kind of vegetation, including trees and shrubs, upon any lot, tract or parcel of land, improved or unimproved, within the City, to the extent that the vegetation impairs or interferes with traffic safety or traffic flow is prohibited and declared to be a public nuisance. (C) The existence of any kind of vegetation, including trees and shrubs, upon any lot, tract or parcel of land, improved or unimproved, within the City, to the extent that the vegetation interferes with the use of streetlights, signs, sidewalks, utilitv lines or other public improvements is hereby prohibited and declared to be a public nuisance. (D) For purposes of this Chapter, the terms lot, tract and parcel shall include all lots, tracts and parcels within the City and shall also include any contiguous Public Right- of-Way or easement, or portion thereof or public alleyway to the centerline, upon which no publicly maintained structural improvements exist or any planted area between the property line and a paved alley. Every owner or person having possession or control of the contiguous real property shall ensure that the adjoining Public Right-of-Way complies with the provisions of this Chapter. Nothing herein shall be construed to require the maintenance of medians by contiguous property owners or persons in control of such DroDertv . (E) Dome-shaped decorative markers, also known as button markers, may be placed in the Public Right-of-Way, provided that such markers are no larger than six (6) inches in height, have rounded surfaces and no straight edges, and are separated by a minimum of two (2) feet. The property owner shall assume all risk of liability for such markers. The placement of pyramid-shaped markers or any other similar type marker within a Public Right-of-Way is prohibited. Section 2. That Section 100.02, "Lands to be Kept Free of Debris, Vegetation and the Like" is hereby amended to read, "Hurricanes, Lands to be Kept Free of Debris, Vegetation and the Like", and to enact Sections 100.02(A) and (B) read as follows: Sec. 100.02 HURRICANES; LANDS TO BE KEPT FREE OF DEBRIS, VEGETATION AND THE LIKE; ® Each year, Drior to hurricane season, DroDertv owners shall insDect their DroDerties and address and correct situations and conditions which may be a hazard to life. DroDertv. or utilities in the time of hurricane winds Drevalent to this area. 3 ORD. NO. 41-05 5123105 !ID All lands in the City shall be kept free from debris, vegetation (including trees), or any other matter which, by reason of height, proximity to neighboring structures, or physical condition or other peculiar characteristic, might, in time of hurricane winds prevalent in this region, cause damage to life~ 9f property or utilities within the immediate area surrounding the same. The existence of any debris, vegetation~ tree or other matter a& which shall create a hazard is declared to be a nuisance. Section 3. That Subheading, "Abatement", of the Code of Ordinances is hereby amended by repealing Section 100.20, "Inspection of Lands to Determine Violation", in its entirety . SeG.100.20. INSPiCTION OF LANDS TO DETiRMINE VIOLATION. Tho City Mmmger or his dosignatod represontative shall, as often as may be necessary, inspect lands within tho City to dotormino if violation of this Chaptor exists. Section 4. That Subheading, "Abatement" , Section 100.21, "Notice of Violation Required", is hereby amended to read, "Notice of Violation Required; Abatement and Alternative Enforcement", and a new Subsection (C) is enacted to read as follows: Sec. 100.21 NOTICE OF VIOLATION REQUIRED; ABATEMENT AND ALTERNATIVE ENFORCEMENT. (A) If the City Manager or his designated representative determine§ that a public nuisance exists in accordance with the standards set forth in this Chapter on any lot, tract, parcel or other real property within the City, whether improved or unimproved, he shall forth\O¡ith notify the owner of the property as tho ownership appoars stated upon the last complete records of the County Tax J\s&ossor Property Appraiser. The notice shall be given in writing by certified mail, return receipt requested, postage prepaid, or by hand delivery which shall be effective and complete when delivered and shall be considered sufficient notice. In case of multiple or joint ownership, service as herein provided on any one owner shall be sufficient. The personal delivery by the City Manager or his designated representative in lieu of mailing shall be equivalent to mailing. In the event that the mailed notice is returned by the postal authorities or the return receipt is not received by the Code Enforcement Division within fifteen (15) days after mailing, and the notice cannot be reasonably hand delivered to the owner of the property or his agent, the notice shall be given by a physical posting of the notice on the subject property as onumoratod in pursuant to subS§ection 100.22. "Reasonably hand delivered" shall mean one attempt to hand deliver~ if the owner or his agent resides within the City limits~ between the hours of 8:00 a.m. and 5:00 p.m. on any weekday, excluding Saturdays, Sundays and holidays. 4 ORC. NO. 41-05 5/23105 (B) Alternatively, City Code Enforcement Officers may issue a written warning notice in person or by certified mail, return receipt requested, postage prepaid, to the person who committed the violation. Said notice shall specify the Section of the Code of Ordinances that is being violated and the required correction date. In the event the violation enumerated on the warning notice is not corrected as specified, a Code Enforcement Officer may issue a County Court citation or a notice to appear at a hearing in County Court pursuant to Chapter 37 of the Code of Ordinances or in the alternative. a code enforcement action before the Code Enforcement Board may be instituted. (C) The City may also seek any and all other relief allowed pursuant to law includinQ but not limited to iniunctive relief and damaQes as permitted by law. Section 5. That Subheading, "Abatement", is amended by amending Section 100.22, "Content and Form of Notice", to read as follows: Sec. 100.22. CONTENT AND FORM OF NOTICE. (A) The notice provided for in Section 100.21 (A) shall notify the owner of the land of the following: (1 ) That it has been determined that a public nuisance exists on the land, and what condition constitutes that nuisance. (2) That the owner of the land shall have seven (7) days (forty-two (42) days in the case of a violation of Section 100.04 pertaining to seawalls) from delivery of the Notice of Public Nuisance to remove the condition causing the nuisance on the land. (3) That if the condition is not corrected or removed within the time specified, the City will have it corrected or removed at the expense of the owner, including all costs of inspection and administration. Alternatively, any of the enforcement procedures contained in Chapter 37 of the Code of Ordinances may be utilized. (4) # That after delivery of the notice if the owner has not requested a hearing within five (5) days and has not corrected the condition causing the public nuisance within seven (7) days, the City shall have the right to have the objectionable condition corrected or removed at the expense of the owner. If the City has the condition abated and payment is not received within thirty (30) days after the mailing of a notice of assessment for the cost of the work, , together with all costs of inspection and administration, aAå then the City shall have a lien placed against the property for the cost of the work, including inspection and administrative 5 ORD. NO. 41-05 5/23/05 costs, plus interest at the rate of eight (8) percent, plus reasonable attorney's fees and other costs of collecting the sums, without further hearing by the Code Enforcement Board or the City Commission and without further notice of the recording of said lien. Said lien shall be on a par with general city taxes. (5) The approximate range of cost for the City to correct the nuisance condition, exclusive of administrative costs, interest, collection costs or Attorney's fees. (6) That if the condition constituting a public nuisance as enumerated in the notice recurs within the twelve-month period commencing from the delivery date of the notice, the City may immediately and without further prior notice, correct or remove the condition each time it recurs within said 12-month period, at the expense of the owner, including all costs of inspection and administration. (7) That if the notice is not deliverable or the return receipt is not received by the Code Enforcement Division within fifteen (15) days after the mailing date and hand delivery cannot be reasonably accomplished, a copy of the notice shall be posted in plain view upon the land where the public nuisance exists and shall be considered delivered on the date posted. If the condition constituting the public nuisance is not corrected within seven (7) days after posting, the City shall have the right to enter upon the premises and take steps reasonably necessary to correct or remove the condition at the expense of the owner of the property. Posting shall be sufficient notice that recurrence of any condition cited within the twelve-month period specified above shall be subject to immediate abatement without further prior notice. (8) Appeal dates and procedures for a notice of public nuisance issued Dursuant to 100.21CA) shall be as follows: (a) The owner shall have five (5) days from the delivery date of the notice of public nuisance to file a written petition with the City Manager or his designee for a hearing before a three-person panel. Said panel shall be composed of the City Manager, the Director of Environmental Services or the City Engineer, and the Director of Parks and Recreation, or their designees. The hearing shall be scheduled within ten (10) days of the date that the petition is received by the City Manager. (b) The issues to be determined at the hearing are whether the condition does in fact exist, why the condition should not be abated by the City at the expense of the owner, and the time limit for the abatement. The 6 ORD. NO. 41-05 5123/05 source of the condition shall not be a defense against the requirement that the condition shall be abated by the owner. (c) If after the hearing the panel determines that the condition which exists on the property constitutes a public nuisance and is in violation of city ordinance, the owner of the property shall have a reasonable time, as determined by the panel, to correct or remove the condition, after which time the City shall have the right to have the condition abated at the expense of the property owner. If after delivery of the notice the owner has not requested a hearing within five (5) days and has not corrected the condition causing the public nuisance within seven (7) days, the City shall have the right to have the objectionable condition corrected or removed at the expense of the owner. If the City has the condition abated and payment is not received within thirty (30) days after the mailing of a notice of assessment for the cost of the work together with all costs of inspection and administration, the City shall have a lien placed against the property for the cost of the work, including inspection and administrative costs, plus interest at the rate of eight (8) percent, plus reasonable attorney's fees and other costs of collecting the sum, without further notice of the recoding of said lien. Said lien shall be on a par with general City taxes. (B) The content and form of the notico roquirod by Sootion 100.21 shall be approved by tho City /\ttornoy. The content and notice under 100.21 (B) shall conform to the requirements of law. Appeal of Code Enforcement Board orders or county court citation or a notice to appear shall be as provided by law. (C) The notice provided in 100.22(A) shall be aiven prior to seekina iniunctive relief. Section 6. That Subheading, "Abatement", Section 100.23, "Notice of Recurring Nuisance /\batomont Required; Content and Form", is hereby amended by enacting Subparagraph (C) to read as follows: Sec. 100.23. NOTICE OF RECURRING NUISANCE ABATEMENT RliQUIRliD; CONTENT AND FORM. ® That if the condition constitutina a public nuisance as enumerated in the notice recurs within the twelve month period commencina from the deliverv date of the notice. the City may immediately and without further notice. correct or remove the condition each time it recurs within said 12-month period. at the expense of the owner. includina all costs of inspection and administration. 7 ORD. NO. 41-05 5123105 . W @l If there is a recurring nuisance after the expiration of the 12 month period referred to in Section 100.23(A), procedures in Section 100.21 and Section 100.22 shall be followed. ~md the City 3bates tho nuisance, a 'tJritton notico of rocurring nuis3nco abat-emont shall bo sent to tho proporty O'lmor at tho addroes limod in tho rocords of the Palm 803ch County T3x Assessor by firet class m3il, postago prepaid. J\ltern3tivoly, tho notice may bo hand doliverod to tho owner if such delivory is praotic31. Tho notice shall be considorod dolivorod v.(hon oither hand dolivorod or proporly addrossod and deposited in tho U.S. mail, postago propaid. In tho ovont tho mailod notico is roturned by tho postal 3uthoritios 3nd hand del ivory c3nnot be roasonably as dofinod in Section 100.21 (/\), tho City M3n3ger or his dosignoo shall post a copy of tho notice in 3 conspicuous location on the proporty. /'. postod notice shall bo considerod doli'lorod 'l.'hen postod. (8) Tho notico roquirod in Sootion 100.23(/'.) shall advise tho m",(ner of tho land of tho follo'lIing mdinanco roquirements: (1) 'A/hat condition constitutes the rocurring nuisance, dofinod as tho S3mo type of nuisanco condition pro'/iously citod in any notico of public nuisanco dolivorod to the sarno Ql.vnor of rocord for tho sarno proporty within the 13st t\":olvo (12) months. (2) 'A/hat typo of rocurring nuisance '.",(as found, the date the r.ecurring nuisance condition '."¡as observed, the specific ordinanco Soction in ','iolation, and the dolivory dato of tho notice of public nuisanco which previously notified the cy:mer of the nuisanco condition 'Nhich no\"' recurred. (3) That tho r.ocurring nuisance condition '."Ias abatod by tho City and tho d3tO 3nd 3pproximate cost of ab3tomont, including an administrative charge by tho Codo Enforcement Division, but oxclusivo of interest, collection, attorney's roos, rocording and any additional administrative costs. (4) That if tho Notice of Recurring Nuisance Abatomont 'Nas roturned as undolivorablo by the postal authoritios and could not bo roasonably hand deli'Jored, tho notice shall bo postod in a conspicuous location on tho land. (5) 'Nhat tho final appoal date :md procodure aro, including: (a) A written appeal of a Notice of Recurring Nuisance Abatement must be rocoi'Jod by tho City M3nager no later than five (5) days after the mailing, hand doli'.'oring or posting of tho notico, as applicable. Such appeals shall be hoard by a throo mombor panel consisting of the City Manager, the Diroctor of En'lironmontal Sorvicos or tho City Engineer, and tho Diroctor of Parks and Recreation, or thoir dosignoos. The appellant shall bo gi'lon notice 8 ORD. NO. 41-05 ----- 5123/05 of the date and timo of such hearing which shall be schoduled ':.<ithin ton (10) days from tho dato of recoipt of tho writton appeal, or as otherwise mutually agreed upon by tho proporty o'o':nor and the City. (b) The panol shall determino, among other matters, if a recurring nuisanco occurrod and if tho abatoment '/Jas processod iA accor<:lance with City Ordinances. Tho source of tho condition abatod shall not be a defense. Tho panel shall issuo a written dotormination to tho appellant. (c) If payment is not receivod within thirty (30) days aftor tho m~:liling of a notico of assessmont for the cost of the work togethor with all costs of inspoction and administration, tho City shall h3'/O a lien placed against tho property for tho cost of tho 'Nork, including inspection and administrative costs, plus intorost at the rato of oight (8) percont, plus reasonablo attornoy's fees and other costs of collocting the sum, without furthor hearing by tho panol or tho City Commission and '.vithout further notico of the rocor<:ling of said lien. Said lion shall be on 3 par ':.(ith goneral City taxos. (d) The City Attornoy shall appro'.'o tho oontont and form of the notice requirod by this Section. (C) Notices of recurrina nuisances issued pursuant to the Code Enforcement Board process shall be issued in accordance with the laws aovernina the Code Enforcement Board; and appeals shall be processed as set forth in Chapter 37 of the Code of Ordinances and as provided bv law. Section 7. That Subheading, "Abatement", Section 100.26, "Assessment of Costs, Interest and Attorney's Fees; Lien", is hereby amended to read as follows: Sec. 100.26. ASSESSMENT OF COSTS, INTEREST AND ATTORNEY'S FEES; LIEN. As soon after the abatement as feasible, the City Manager shall report to the City Commission the cost of the abatement, including the cost of inspection and administration. Thereafter, the Commission shall by resolution assess the cost against the subject parcel. This resolution shall describe the property assessed, show the actual cost of abatement, costs of inspection and administration, and indicate that the assessment shall bear interest at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, that the property owner would be required to pay the cost of the proceedings including a reasonable attorney's fee. This resolution shall become effective thirty (30) days from the date of adoption, and the assessment contained therein shall become due and payable thirty (30) days after the mailing date of the notice of assessment. In the event that 9 ORD. NO. 41-05 5123105 payment has not been received within thirty (30) days after the mailing date of the notice of assessment, the City Clerk shall record a certified copy of the resolution in the public records of the County, and file a lien on the property, which shall become effective on the subject property to secure the actual cost of abatement, costs of inspection and administration, collection costs and a reasonable attorney's fee without further notice to the property owner. At the time the City Clerk sends the notice of assessment, the following notice shall also be mailed to the property owner in substantially the following form: 10 ORD. NO. 41-05 ---- 5/23/05 NOTICE OF LIEN Date: TO: ADDRESS: You are hereby advised that the City of Delray Beach did on or about the day of , .w 20 , abate the nuisance which was found to exist on your property. The nuisance was abated at a cost, including costs of inspection and administration, of In accordance with city mdinanooG the Code of Ordinances, if the required payment is not received within thirty (30) days of the date of mailing this notice of assessment, a lien shall be recorded against your property in the form of the attached resolution, and NO FURTHER NOTICE OF LIEN SHALL BE SENT PRIOR TO RECORDING A LIEN ON YOUR PROPERTY. Please take notice that the resolution, in addition to the original cost of the abatement, requires payment of eight (8) percent interest per annum and the cost of collection includes a reasonable attorney's fee. When the City of Delray Beach has received payment for such lien, the City Manager or his designated representative &AaU will execute a release thoreof to remove the lien from your propertYï ~ t Ihe recording cost of recordina the release of lien wRiGA shall be borne by you. The City may enforce the assessment by either an action at law or foreclosure of the lien, provided in Section 100.26 and 100.27. 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 eight (8) percent 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 AS PROVIDED BY CH/\PTER 21786, LAWS OF FLORIDA, SPECI/\L .^.CT OF 1949, ¡\S AMENDED. Section 8. That Subheading, "Abatement", Section 100.27, "Enforcement Assessment; Priority of Lien", is hereby amended and a new Subsection (B) is enacted to read as follows: 11 ORD. NO. 41-05 - ------- 5/23105 Sec. 100.27. ENFORCEMENT OF ASSESSMENT; PRIORITY OF LIEN. (A) The City may enforce the abatement assessment§ by eitAef an action at law~ iniunctive relief. or foreclosure of the lien provided in Section 100.26, which shall be foreclosed in the same manner as mortgages are foreclosed under State law. In eitAef the above type§ of action, the City shall be entitled to interest at the rate of eight (8) percent from the date of assessment, collection costs and reasonable attorney's fees. Such liens shall be on parity with general city taxes and shall have priority over all other liens and encumbrances, including mortgages as provided by Chaptor 25786, Laws of Florid3, Special ,^.ct of 1949, as amondod. (B) The City may alternative Iv enforce the action throuQh the code enforcement process. Section 9. 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 10. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 11. 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 _ day of ,2005. MAYOR ATTEST: CITY CLERK First Reading Second Reading 12 ORD. NO. 41-05 [IT' IF DELAAY IEA[H ~ CITY ATTORNEY'S OFFICE 2no N\\' j <;( AVE:'>IUE . DELRAY BEACH, FLORIDA 33444 TELEPHONE )Alí243-7090' FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 F l 0 . I D ... D.8:d All-America City MEMORANDUM , III J! DATE: May 23, 2005 City Commission 1993 TO: 2001 David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Nuisance Ordinance This ordinance amends the City's nuisance ordinance and adds damage to utilities, as well as traffic flow as potential public nuisances. The ordinance further clarifies that in addition to abatement procedures and citation processes, that the Code Enforcement Board also may enforce the ordinance, pursuant to state law. Lastly, the ordinance has been modified to correct certain grammatical errors and to delete redundant notice provisions. Please place this ordinance on the City Commission agenda for action. ...... J , ""<-_~ - - Attachment \~ß DRAFT 5/23/05 ORDINANCE NO. ~-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER 100, "NUISANCES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING SECTION 100.01, "EXISTENCE OF WEEDS, TRASH AND VEGETATION UPON LANDS PROHIBITED", TO PROVIDE THAT VEGETATION OR TREES WHICH INTERFERE WITH TRAFFIC FLOW, SAFETY OR UTILITIES ARE A NUISANCE AND TO PROVIDE FOR ENFORCEMENT; BY AMENDING SECTION 100.02, "LANDS TO BE KEPT FREE OF DEBRIS, VEGETATION AND THE LIKE", TO READ "HURRICANES; LANDS TO BE KEPT FREE OF DEBRIS, VEGETATION AND THE LIKE", TO ADD A DUTY TO CORRECT AND INSPECT AND TO ADD UTILITIES AS A HAZARD; BY REPEALING SECTION 100.20, "INSPECTION OF LANDS TO DETERMINE VIOLATION"; BY AMENDING SECTION 100.21, "NOTICE OF VIOLATION REQUIRED", TO READ, "NOTICE OF VIOLATION REQUIRED; ABATEMENT AND ALTERNATIVE ENFORCEMENT", TO PROVIDE AL TERNA TE ENFORCEMENT PROCEDURES, BY AMENDING SECTION 100.22, "CONTENT AND FORM OF NOTICE", TO CLARIFY NOTICE REQUIREMENTS; BY AMENDING SECTION 100.23, "NOTICE OF RECURRING NUISANCE REQUIRED; CONTENT AND FORM", BY ENACTING A NEW SECTION (A) TO PROVIDE FOR NO NOTICE FOR RECURRING NUISANCES THAT OCCUR WITH A 12 MONTH PERIOD, RELETTERING/RENUMBERING AND DELETING DUPLICATIVE NOTICE PROVISIONS; TO ADD SUBSECTION 100.23(C), TO PROVIDE THAT NOTICES OF RECURRING PUBLIC NUISANCE PURSUED UNDER THE CODE ENFORCEMENT PROCESS SHALL BE ISSUED IN ACCORDANCE WITH LAW; BY AMENDING SECTION 100.26, "ASSESSMENT OF COSTS, INTEREST AND ATTORNEY'S FEES; LIENS", TO REMOVE THE REFERENCE TO THE LAWS OF FLORIDA; BY AMENDING SECTION 100.27, "ENFORCEMENT OF ASSESSMENT; PRIORITY OF LIEN", TO CLARIFY THE ENFORCEMENT PERMITTED; AND TO PROVIDE GRAMMATICAL CHANGES TO ALL SECTIONS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 1 ORD. NO. -05 --~------ DRAFT 5/23/05 . WHEREAS, the nuisance abatement procedure needs to be updated to provide that the nuisance abatement process as well as the code enforcement process and other enforcement procedures as allowed by law may be used to correct nuisances; and WHEREAS, trees which are likely to'threaten buildings and utilities during hurricane force winds are issues that should be addressed as nuisances. Section 1. That Section 100.01, "Existence of Weeds, Trash and Vegetation Upon Lands Prohibited" is hereby amended to read as follows: Sec. 100.01. EXISTENCE OF WEEDS, TRASH AND VEGETATION UPON LANDS PROHIBITED. (A) (1 ) The existence of weeds, dead or living plant life, undergrowth, brush, trash, filth, garbage or other refuse on any lot, tract or parcel of land in the City, whether improved or unimproved, which has caused the property to become, or which may reasonably cause the property to become infested or inhabited by rodents, snakes, vermin or wild animals, or may furnish a breeding place for mosquitoes or threatens the public health, safety or welfare, or may reasonably cause disease, or adversely affects and impairs the economic welfare of other property, is declared to constitute a public nuisance and is prohibited,:. aM eEvery owner of real property in the City has a duty to keep his property free of any nuisance at his expense. (2) The existence of weeds or other dead or living plant life or vegetation which Rave has attained a height of twelve (12) inches or more, and which oxist on any lot, tract or parcel of land in the City, whether improved or unimproved, shall be presumed to be detrimental to the public health, safety and welfare, and thus shall be presumed to constitute a public nuisance under the terms and conditions of this subchapter. (3) The existence of accumulations of vegetative (i.e. yard and garden) trash mixed with other types of refuse is deemed to be detrimental to the public health, safety and welfare and thus deemed to be a public nuisance and prohibited. Such mixed accumulations shall not be picked up by the City's sanitation franchisee during regular collection routes but shall be subject to abatement or citation or code enforcement action or other enforcement as are other nuisances in any manner set forth in this Chapter. (4) The existence of accumulations of loose, uncontainerized, or unbundled refuse,~ other than heavy, bulky items~ is deemed to be detrimental to the public health, safety and welfare and thus shall be deemed te--Ðe a public nuisance and is prohibited. The aforesaid Such accumulations shall not be picked up by the City's sanitation franchisee during regular collection routes but shall be subject to abatement by 2 ORD. NO. -05 DRAFT 5/23/05 citation, or code enforcement action or other enforcement as are other nuisances in any manner set forth in this Chapter. (8) The existence of any kind of vegetation, including trees and shrubs, upon any lot, tract or parcel of land, improved or unimproved, within the City, to the extent that the vegetation impairs or interferes with traffic safety or traffic flow is prohibited and declared to be a public nuisance. (C) The existence of any kind of vegetation, including trees and shrubs, upon any lot, tract or parcel of land, improved or unimproved, within the City, to the extent that the vegetation interferes with the use of streetlights, signs, sidewalks, utility lines or other public improvements is hereby prohibited and declared to be a public nuisance. (D) For purposes of this Chapter, the terms lot, tract and parcel shall include all lots, tracts and parcels within the City and shall also include any contiguous Public Right- of-Way or easement, or portion thereof or public alleyway to the centerline, upon which no publicly maintained structural improvements exist or any planted area between the property line and a paved alley. Every owner or person having possession or control of the contiguous real property shall ensure that the adjoining Public Right-of-Way complies with the provisions of this Chapter. Nothing herein shall be construed to require the maintenance of medians by contiguous property owners or persons in control of such property. (E) Dome-shaped decorative markers, also known as button markers, may be placed in the Public Right-of-Way, provided that such markers are no larger than six (6) inches in height, have rounded surfaces and no straight edges, and are separated by a minimum of two (2) feet. The property owner shall assume all risk of liability for such markers. The placement of pyramid-shaped markers or any other similar type marker within a Public Right-of-Way is prohibited. Section 2. That Section 100.02, "Lands to be Kept Free of Debris, Vegetation and the Like" is hereby amended to read, "Hurricanes, Lands to be Kept Free of Debris, Vegetation and the Like", and to enact Sections 100.02(A) and (8) read as follows: Sec. 100.02 HURRICANES; LANDS TO BE KEPT FREE OF DEBRIS, VEGETATION AND THE LIKE; ffi} Each year, prior to hurricane season, property owners shall inspect their properties and address and correct situations and conditions which may be a hazard to life, property, or utilities in the time of hurricane winds prevalent to this area. . 3 ORD. NO. -05 DRAFT 5/23/05 ill} All lands in the City shall be kept free from debris, vegetation (including trees), or any other matter which, by reason of height, proximity to neighboring structures, or physical condition or other peculiar characteristic, might, in time of hurricane winds prevalent in this region, cause damage to life.!. Gf property or utilities within the immediate area surrounding the same. The existence of any debris, vegetation.z. tree or other matter as which shall create a hazard is declared to be a nuisance. Section 3. That Subheading, "Abatement", of the Code of Ordinances is hereby amended by repealing Section 100.20, "Inspection of Lands to Determine Violation", in its entirety. Soc. 100.20. INSPECTION OF LANDS TO DETERMINE VIOLATION. The City Manager or his designated representative shall, as often as may be necessary, inspect lands within the City to determine if violation of this Chapter exists. Section 4. That Subheading, "Abatement", Section 1 00.21, "Notice of Violation Required", is hereby amended to read, "Notice of Violation Required; Abatement and Alternative Enforcement", and a new Subsection (C) is enacted to read as follows: Sec. 100.21 NOTICE OF VIOLATION REQUIRED: ABATEMENT AND ALTERNATIVE ENFORCEMENT. (A) If the City Manager or his designated representative determine§ that a public nuisance exists in accordance with the standards set forth in this Chapter on any lot, tract, parcel or other real property within the City, whether improved or unimproved, he shall forthwith notify the owner of the property as the o'A'nership appoars stated upon the last complete records of the County Tax Assessor Property Appraiser. The notice shall be given in writing by certified mail, return receipt requested, postage prepaid, or by hand delivery which shall be effective and complete when delivered and shall be considered sufficient notice. In case of multiple or joint ownership, service as herein provided on any one owner shall be sufficient. The personal delivery by the City Manager or his designated representative in lieu of mailing shall be equivalent to mailing. In the event that the mailed notice is returned by the postal authorities or the return receipt is not received by the Code Enforcement Division within fifteen (15) days after mailing, and the notice cannot be reasonably hand delivered to the owner of the property or his agent, the notice shall be given by a physical posting of the notice on the subject property as enumerated in pursuant to subS§ection 100.22. "Reasonably hand delivered" shall mean one attempt to hand deliver.!. if the owner or his agent resides within the City limits.!. between the hours of 8:00 a.m. and 5:00 p.m. on any weekday, excluding Saturdays, Sundays and holidays. 4 ORD. NO. -05 DRAFT 5/23/05 (B) Alternatively, City Code Enforcement Officers may issue a written warning notice in person or by certified mail, return receipt requested, postage prepaid, to the person who committed the violation. Said notice shall specify the Section of the Code of Ordinances that is being violated and the required correction date. In the event the violation enumerated on the warning notice is not corrected as specified, a Code Enforcement Officer may issue a County Court citation or a notice to appear at a hearing in County Court pursuant to Chapter 37 of the Code of Ordinances or in the alternative. a code enforcement action before the Code Enforcement Board may be instituted. (C) The City may also seek any and all other relief allowed pursuant to law includinq but not limited to injunctive relief and damaqes as permitted by law. Section 5. That Subheading, "Abatement", is amended by amending Section 100.22, "Content and Form of Notice", to read as follows: Sec. 100.22. CONTENT AND FORM OF NOTICE. (A) The notice provided for in Section 100.21 ffil shall notify the owner of the land of the following: (1 ) That it has been determined that a public nuisance exists on the land, and what condition constitutes that nuisance. (2) That the owner of the land shall have seven (7) days (forty-two (42) days in the case of a violation of Section 100.04 pertaining to seawalls) from delivery of the Notice of Public Nuisance to remove the condition causing the nuisance on the land. (3) That if the condition is not corrected or removed within the time specified, the City will have it corrected or removed at the expense of the owner, including all costs of inspection and administration. Alternatively, any of the enforcement procedures contained in Chapter 37 of the Code of Ordinances may be utilized. (4) U That after delivery of the notice if the owner has not requested a hearing within five (5) days and has not corrected the condition causing the public nuisance within seven (7) days, the City shall have the right to have the objectionable condition corrected or removed at the expense of the owner. If the City has the condition abated and payment is not received within thirty (30) days after the mailing of a notice of assessment for the cost of the work~ together with all costs of inspection and administration, aRå then the City shall have a lien placed against the property for the cost of the work, including inspection and administrative 5 ORD. NO. -05 DRAFT 5/23/05 costs, plus interest at the rate of eight (8) percent, plus reasonable attorney's fees and other costs of collecting the sums, without further hearing by the Code Enforcement Board or the City Commission and without further notice of the recording of said lien. Said lien shall be on a par with general city taxes. (5) The approximate range of cost for the City to correct the nuisance condition, exclusive of administrative costs, interest, collection costs or Attorney's fees. (6) That if the condition constituting 3 public nuis3nce 3S enumerated in the notice recurs within the hvelve month period commencing from the delivery d3te of the notice, tho City may immediately and without further prior notice, correct or remove the condition each time it recurs within said 12 month period, at tho expense of the owner, including all costs of inspection and administr3tion. f7} @ That if the notice is not deliverable or the return receipt is not received by the Code Enforcement Division within fifteen (15) days after the mailing date and hand delivery cannot be reasonably accomplished, a copy of the notice shall be posted in plain view upon the land where the public nuisance exists and shall be considered delivered on the date posted. If the condition constituting the public nuisance is not corrected within seven (7) days after posting, the City shall have the right to enter upon the premises and take steps reasonably necessary to correct or remove the condition at the expense of the owner of the property. Posting shall be sufficient notice that recurrence of any condition cited within the twelve-month period specified above shall be subject to immediate abatement without further prior notice. ~(7) Appeal dates and procedures for a notice of public nuisance issued pursuant to 100.2HA) shall be as follows: (a) The owner shall have five (5) days from the delivery date of the notice of public nuisance to file a written petition with the City Manager or his designee for a hearing before a three-person panel. Said panel shall be composed of the City Manager, the Director of Environmental Services or the City Engineer, and the Director of Parks and Recreation, or their designees. The hearing shall be scheduled within ten (10) days of the date that the petition is received by the City Manager. (b) The issues to be determined at the hearing are whether the condition does in fact exist, why the condition should not be abated by the City at the expense of the owner, and the time limit for the abatement. The 6 ORD. NO. -05 DRAFT 5/23/05 source of the condition shall not be a defense against the requirement that the condition shall be abated by the owner. (c) If after the hearing the panel determines that the condition which exists on the property constitutes a public nuisance and is in violation of city ordinance, the owner of the property shall have a reasonable time, as determined by the panel, to correct or remove the condition, after which time the City shall have the right to have the condition abated at the expense of the property owner. If after delivery of the notice the owner has not requested a hearing within five (5) days and has not corrected the condition causing the public nuisance within seven (7) days, the City shall have the right to have the objectionable condition corrected or removed at the expense of the owner. If the City has the condition abated and payment is not received within thirty (30) days atter the mailing of a notice of assessment for the cost of the work together with all costs of inspection and administration, the City shall have a lien placed against the property for the cost of the work, including inspection and administrative costs, plus interest at the rate of eight (8) percent, plus reasonable attorney's fees and other costs of collecting the sum, without further notice of the recoding of said lien. Said lien shall be on a par with general City taxes. (B) Tho contont and form of tho notico required by Soction 100.21 Ehall bo approvod by the City Attorney. The content and notice under 100.21(B) shall conform to the requirements of law. Appeal of Code Enforcement Board orders or county court citation or a notice to appear shall be as provided by law. (C) The notice provided in 100.22(A) shall be qiven prior to seekinq injunctive relief. Section 6. That Subheading, "Abatement", Section 100.23, "Notice of Recurring Nuisance Abatoment Required; Content and Form", is hereby amended by enacting Subparagraph (C) to read as follows: Sec. 100.23. NOTICE OF RECURRING NUISANCE ABATEMENT REQUIRED; CONTENT J\.ND FORM. ® That if the condition constitutinq a public nuisance as enumerated in the notice recurs within the twelve month period commencinq from the delivery date of the notice, the City may immediately and without further notice, correct or remove the condition each time it recurs within said 12-month period. at the expense of the owner, includinq all costs of inspection and administration. 7 ORD. NO. -05 DRAFT 5/23/05 . W!ID If there is a recurring nuisance after the expiration of the 12 month period referred to in Section 100.23(A), procedures in Section 100.21 and Section 100.22 shall be followed. and the City abates the nuisance, a 'Nritten notice of recurring nuisance abatement shall be sent to the property O'.vner at the address listed in the records of the Palm Beach County Tax Assessor by first class mail, postage prepaid. Alternatively, the notice may be hand delivered to the owner if such delivery is practical. The notice shall be considered delivered '",hen either hand delivered or properly addressed and deposited in the U.S. mail, postage prepaid. In the event the mailed notice is returned by the postal authorities and hand delivery cannot be reasonably as defined in Section 100.21 (A), the City Manager or his designee shall post a copy of the notice in a conspicuous location on the property. A posted notice shall be considered delivered when posted. (B) The notice required in Section 100.23(1\) shall advise the QI.·mer of the land of the following ordinance requirements: (1 ) 'Nhat condition constitutes the recurring nuisance, definod as the same type of nuisance condition previously cited in any notice of public nuisance delivered to the same owner of record for the same property within the last twelve (12) months. (2) \^lhat type of recurring nuisance was found, the date the recurring nuisance condition was observed, the specific ordinance Section in violation, and the delivery date of the notice of public nuisanco which previously notified the owner of the nuisance condition which now recurred. (3) That the recurring nuisance condition was abated by the City and the date and approximate cost of abatement, including an administrative charge by the Code Enforcement Division, but ex-clusive of interest, colloction, attorney's f-ees, recording and any additional administrative costs. (4) That if the Notice of Recurring Nuisance I\batement was returned as undeliverable by the postal authorities and could not be reasonably hand delivered, the notice shall be posted in a conspicuous location on the land. (5) 'Nhat tho final appeal date and procedure are, including: (a) ^ written appeal of a Notice of Rocurring Nuisance Abatemont must bo received by the City Managor no lator than five (5) days after tho mailing, hand dolivoring or posting of the notice, as applicablo. Such appeals shall bo hoard by a three member panel consisting of tho City Manager, the Diroctor of Environmental Sorvices or tho City Engineer, and the Director of Parks and Recreation, or their designom:. Tho appollant shall be given notice 8 ORD. NO. -05 DRAFT 5/23/05 of the date and time of !>uch hearing 'Nhich !>hall be scheduled 'Nithin ton (10) day!> from the date of receipt of the written appeal, or as otherwi!>e mutually agreed upon by the property mJ.'ner and the City. (b) The panel shall determine, among other matters, if a recurring nuisance occurred and if the abatement was processed in accordance with City Ordinances. The source of the condition abated shall not be a defense. The panel shall issue a written determination to the appellant. (c) If payment is not received within thirty (30) day!> after the mailing of a notice of as!>es!>ment for the cost of the work together with all costs of inspection and administration, the City shall have a lien placed against the property for the co!>t of the work, including inspection and admini!>trative costs, plus interest at the rate of eight (8) percent, plus reasonable attorney's foes and othor costs of collecting the sum, without further hearing by the panel or the City Commission and '....ithout further notice of the recording of said lien. Said lien shall be on a par 'I.'ith general City taxes. (d) The City Attorney shall approve tho content and form of the notice required by this Section. (C) Notices of recurrinQ nuisances issued pursuant to the Code Enforcement Board process shall be issued in accordance with the laws QoverninQ the Code Enforcement Board; and appeals shall be processed as set forth in Chapter 37 of the Code of Ordinances and as provided by law. Section 7. That Subheading, "Abatement", Section 100.26, "Assessment of Costs, Interest and Attorney's Fees; Lien", is hereby amended to read as follows: Sec. 100.26. ASSESSMENT OF COSTS, INTEREST AND ATTORNEY'S FEES; LIEN. As soon after the abatement as feasible, the City Manager shall report to the City Commission the cost of the abatement, including the cost of inspection and administration. Thereafter, the Commission shall by resolution assess the cost against the subject parcel. This resolution shall describe the property assessed, show the actual cost of abatement, costs of inspection and administration, and indicate that the assessment shall bear interest at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, that the property owner would be required to pay the cost of the proceedings including a reasonable attorney's fee. This resolution shall become effective thirty (30) days from the date of adoption, and the assessment contained therein shall become due and payable thirty (30) days after the mailing date of the notice of assessment. In the event that 9 ORD. NO. -05 · DRAFT 5/23/05 payment has not been received within thirty (30) days after the mailing date of the notice of assessment, the City Clerk shall record a certified copy of the resolution in the public records of the County, and file a lien on the property, which shall become effective on the subject property to secure the actual cost of abatement, costs of inspection and administration, collection costs and a reasonable attorney's fee without further notice to the property owner. At the time the City Clerk sends the notice of assessment, the following notice shall also be mailed to the property owner in substantially the following form: 10 ORD. NO. -05 · DRAFT 5/23/05 NOTICE OF LIEN Date: TO: ADDRESS: You are hereby advised that the City of Delray Beach did on or about the day of ,W 20 , abate the nuisance which was found to exist on your property. The nuisance was abated at a cost, including costs of inspection and administration, of In accordance with city ordinances the Code of Ordinances, if the required payment is not received within thirty (30) days of the date of mailing this notice of assessment, a lien shall be recorded against your property in the form of the attached resolution, and NO FURTHER NOTICE OF LIEN SHALL BE SENT PRIOR TO RECORDING A LIEN ON YOUR PROPERTY. Please take notice that the resolution, in addition to the original cost of the abatement, requires payment of eight (8) percent interest per annum and the cost of collection includes a reasonable attorney's fee. When the City of Delray Beach has received payment for such lien, the City Manager or his designated representative sRaU will execute a release theroof to remove the lien from your property, :. t Ihe recording cost of recordinQ the release of lien wAi6R shall be borne by you. The City may enforce the assessment by either an action at law or foreclosure of the lien, provided in Section 100.26 and 100.27. 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 eight (8) percent 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 AS PROVIDED BY CHAPTER 24786, LA.'NS OF FLORIDA, SPECIAL ACT OF 1949, AS AMENDED. Section 8. That Subheading, "Abatement", Section 100.27, "Enforcement Assessment; Priority of Lien", is hereby amended and a new Subsection (B) is enacted to read as follows: 11 ORD. NO. _-05 . . DRAFT 5/23/05 . Sec. 100.27. ENFORCEMENT OF ASSESSMENT; PRIORITY OF LIEN. (A) The City may enforce the abatement assessment.§. by eitAef an action at lawl. injunctive relief. or foreclosure of the lien provided in Section 100.26, which shall be foreclosed in the same manner as mortgages are foreclosed under State law. In eitAef the above type.§. of action, the City shall be entitled to interest at the rate of eight (8) percent from the date of assessment, collection costs and reasonable attorney's fees. Such liens shall be on parity with general city taxes and shall have priority over all other liens and encumbrances, including mortgages 3S provided by Ch3pter 25786, Laws of Florid3, Speci31 Act of 1949, as amended. (8) The City may alternatively enforce the action throuqh the code enforcement process. Section 9. 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 10. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 11. 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 _ day of ,2005. MAYOR ATTEST: CITY CLERK First Reading Second Reading 12 ORD. NO. -05 -------- ':"Y~:' , '1'" . -... . ...,: CITY COMMISSION DOCUMENTATION TO: DAV~HARD~MANAGER THRU: PAU[ ~G. DIR T~R OF PA: AND ZONING FROM: SCOTT PAPE, SENIOR PLANNER ;.v*- SUBJECT: MEETING OF JUNE 7, 2005 PRIVATELY INITIATED SMALL SCALE FUTURE LAND USE MAP AMENDMENT FROM OS (OPEN SPACE) TO LD (LOW DENSITY RESIDENTIAL 0-5 DUlAC) AND REZONING FROM OSR (OPEN SPACE AND RECREATION) TO R-1-A (SINGLE FAMILY RESIDENTIAL) FOR PROPERTY LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE, APPROXIMATELY 2,000' WEST OF HOMEWOOD BOULEVARD WITHIN THE HAMLET RESIDENTIAL DEVELOPMENT. " , " "} ~~~; :¡,", ".. ~"t~. ....,.".~~,.. . ....~;-;~ -''''''''BÃCKGR"Dti'Ñif' . -..~ "~~~~f':'i~~.t-'-"~»:~~\~J:":'''' ~ ""1~~~ :....!::..wo.~~'_~~~~ \ "'~" \" - - ~ ":,-1':"" . I ". . " The Hamlet subdivision was developed as a compilation of single family residential plats ("pods") around a golf course. The subject 0.978 acre parcel is not part of the golf course and is an undeveloped/unplatted remnant of the residential community. The Hamlet Country Club began construction in the mid 1970's and is primarily built-out. The residential communities surround a 101 acre golf course with clubhouse and tennis facilities. The Hamlet development was annexed into the City in 1971. With the initial adoption of the Future Land Use Map in 1989, the designation of the subject property was changed from Single Family to OS (Open Space). The subject property was rezoned from R-1-A to OSR (Open Space and Recreation) with the Citywide rezoning of October 1990. The applicant has submitted a Future Land Use Map and rezoning change to accommodate the development of two single family residences. Additional background and an analysis of the FLUM amendment and rezoning are provided in the attached Planning and Zoning Board staff report. ~~~ëL~~rflö"j(Aö'žb'NÎÑñ'"BÖÄRD"tbNSIDERÞ;T ,dN''<': ,. ::~. r'" ' .....~.-.. ,...~~...~ '1 ~ ;.-' .'.J.. .,.. At its meeting of May 23, 2005, the Planning and Zoning Board held a public hearing in conjunction with the Small Scale Future Land Use Map amendment and rezoning requests. After reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0 (Kincaide, Morris and Zacks absent) to recommend approval of the small scale Future Land Use Map Amendment from OS (Open Space) to LD (Low Density Residential 0-5 du/ac) and rezoning from OSR (Open Space and Recreation) to R-1-A (Single Family Residential) 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 the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Move approval of the small scale Future Land Use Map Amendment from OS (Open Space) to LD (Low Density 0-5 du/ac) and rezoning from OSR (Open Space and Recreation) to R-1-A (Single Family Residential) 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 the criteria set forth in Sections 2.4.5(0)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Planning and Zoning Board Staff Report of May 23, 2005 and Ordinance \~ ORDINANCE NO. 34-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSNE PLAN FROM OS (OPEN SP ACE) TO LD (LOW DENSITY RESIDENTIAL 0-5 DUlAC); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED OSR (OPEN SPACE AND RECREATION) TO R-l-A (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF GREENSWARD LANE, WITHIN THE HAMLET COUNTRY CLUB LOCATED AT THE INTERSECTION OF WEST ATLANTIC AVENUE AND HAMLET DRNE, AS MORE P ARTICULARL Y DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. WHEREAS, HAMLET COUNTRY CLUB, INe. is the fee simple owner of a 0.978 acre parcel of land located on the north side of Greensward Lane, within The Hamlet Country Club located at the intersection of West Atlantic A venue and Hamlet Drive; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (PLUM) designation of OS (Open Space); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from OS (Open Space) to LD (Low Density Residential 0-5 du/ac); and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April 2005, as being zoned OSR (Open Space and Recreation) District; and WHEREAS, at its meeting of May 23, 2005, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0 to recommend that the Future Land Use Map amendment and rezoning for the property hereinafter described be approved, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3l74(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has detennined that the changes are consistent with and --- ---~- furthers the 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; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Future Land Use Map designation of the subject property is hereby officially affixed as LD (Low Density Residential 0-5 du/ac). Section 3. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of R-l-A (Single Family Residential) District for the following described property: A portion of the Northeast quarter (NE Y-i) of Section 24, Township 46 South, Range 42 East, Palm Beach County, Florida, more particularly described as follows: Commencing at the Northeast comer of Section 24; thence S 01 0 20' 38" E., along the East line of said Section 24, a distance of 1731.88 feet; thence S 860 49' 04" W, a distance of 242.61 feet to the point of beginning; thence continue S 860 49' 04" W, a distance of60.57 feet to a point of intersection with the North line of Tract V, Fox Hollow, according to the Plat thereof as recorded in Plat Book 47 Pages 106 and 107 of the public records of Palm Beach County, Florida, and the point of curve of a non tangent curve, concave to the southwest, of which the radius point lies S 670 34' 02"W, a radial distance of 125.00 feet; thence northwesterly along the arc of said north line, through a central angle of 1030 40' 09", a distance of 226.17 feet to a point of reverse curvature with a curve concave to the northwest, having a radius of 125.00 feet; thence southwesterly along the arc, through a central angle of 100 39' 39" E, a distance of 23.26 feet; thence N 050 45' 04" E, a distance of 173.91 feet; thence N 860 49' 04" E, a distance of 220.47 feet; thence S 12· 37' 55"E, a 2 ORD NO. 34-05 ---- - --- distance of 84.30 feet; thence S 05· 31' 04"E, a distance of 141.72 feet to the point of beginning. Section 5. That the Planning and Zoning Director of the said City shall, upon the effective date ofthis ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 4 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. 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 8. That this ordinance shall become effective as follows: thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. 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 3 ORD NO. 34-05 1 . I PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---ST AFF REPORT --- . MEETING DATE: May 23, 2005 AGENDA ITEM: IV.D. ITEM: Future land Use Map Amendment From OS (Open Space) To lD (low Density Residential 0-5 du/ac) and Rezoning From OSR (Open Space and Recreation) to R-1-A (Single Family Residential) For a 0.978 Acre Parcel within The Hamlet Residential Development (Quasi-Judicial Hearing). GENERAL DATA: Owner/ApplicanL....................... The Hamlet Country Club, Inc. Agent...... .......................... ... ....... Mitchell Kirshner location...................................... located on the south side of I West Atlantic Avenue, , approximately 2,000' west of I Homewood Boulevard. Property Size.............................. 0.978 Acres Future Land Use Map................ OS (Open Space) Proposed FlUM.......................... LD (Low Density Residential, 0-5 Unitsl Acre) Current Zoning............................ OSR (Open Space and Recreation) Proposed Zoning........................ R-1-A (Single Family Residential) Adjacent Zoning................North: OSR i East: OSR South: OSR West: OSR : Existing Land Use...................... Vacant : Proposed land Use.................... Single Family Residential. ¡ Water Service............................. Via Lateral Connection to 12" Water Main on site. i Sewer Service............................. Via Lateral Connection to 8" I I Sewer Main along I Greensward lane. I i IV. D. I ITEM BEFORE THE BOARD -----.- ----1 The action before the Board is that of making a recommendation to the City Commission on a privately sponsored Future Land Use Map (FLUM) Amendment from OS (Open Space) to LD (Low Density Residential 0-5 dwelling units per acre) and rezoning from OSR (Open Space and Recreation) to R-1-A (Single Family Residential) for a 0.978 acre parcel located within The Hamlet residential subdivision, which is on the south side of West Atlantic Avenue, approximately 2,000' west of Homewood Boulevard. Pursuant to Section 2.2.2(E), the Local Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to the rezoning and FLUM Amendment of any property within the City. [Jr}, ',.' , - , - -, BACKGROUND I ... The property consists of an unplatted wooded parcel within The Hamlet residential subdivision that contains 0.978 acres. The Hamlet subdivision was developed as a compilation of single family residential plats ("pods") around a golf course. The subject parcel is not part of the golf course and is an undeveloped/unplatted remnant of the residential community that is owned by the Hamlet Country Club. The Hamlet Country Club began construction in the mid 1970's and is primarily built-out. The community features a 101 acre golf course with clubhouse and tennis facilities. The Hamlet development was annexed into the City in 1971. This particular property was rezoned from R-1-A (Single Family Residential) to OSR with the Citywide rezoning of October 1990. A FLUM and rezoning request to designations which would accommodate development of two single family residences are now before the Board for consideration. 1;::.(~·'FUT·Ü"ffE"·['Ä~N D ifs E M A"P A"M E N D'M E N T "A N A l Y S IS I Florida Statutes 163.3187 - Small Scale land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: 0 The amendment does not exceed 10 acres of land; 0 The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; P & Z Board Staff Report FLUM Amendment & Rezoning for The Hamlet Page 2 0 The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months; 0 That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre except for properties that are designated in the Comprehensive Plan for urban infill, urban redevelopment, or downtown revitalization; 0 The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the Future Land Use Map for a site-specific small scale development activity; and, 0 The property that is the subject of a proposed amendment is not located within an area of critical state concern. The subject properties consist of 0.978 acres. The properties are not located within a designated redevelopment area or traffic concurrency exception area. The City has adopted one Small Scale Future Land Use Map (FLUM) Amendments this year as defined by Florida State Statute 163.3187 that consisted of 0.42 acres. Therefore, the proposed 0.978 acre FLUM amendment does not exceed the 60 acre annual limit (1.40 acres total). The Low Density Residential FLUM designation allows a residential density up to five dwelling units per acre. Consequently, the proposed FLUM amendment can be considered under the small scale procedures since the residential density proposed for the subject property is less than 10 dwelling units per acres. The property has not previously been considered for a Future Land Use Map amendment nor has the same owner's property, within 200 feet, been granted a land use change within the last year. The amendment does not involve a text change to the Comprehensive Plan and it is not located within an area of critical state concern. Given the above, the proposed FLUM amendment can be processed as a small scale amendment. land Use Analysis: Pursuant to land Development Regulation Section 3.1.1 (A) (Future land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future land Use Map. As noted previously the property is currently vacant and wooded. The applicant has indicated that the intention is to construct two single family residences on the property. Pursuant to LOR Section 4.4.3(B)(1), conventionally sited single family detached residences are permitted uses in the R-1-A zoning district. Based on LOR Section 4.3.4(Development Standards Matrix), the property is of sufficient size and dimensions to accommodate the development of up to four single family residences. Pursuant to Table L-7 (Future Land Use Element), the proposed R-1-A zoning district is consistent with the LD Future Land Use Map designation. P & Z Board Staff Report FLUM Amendment & Rezoning for The Hamlet Page 3 Based upon the above, a positive finding with respect to Future land Use Map consistency can be made. REQUIRED FINDINGS: Future land Use Element Policy A-1.7: Amendments to the Future land Use Map must be based upon the following findings: o Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FlUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FlUM designations of Conservation or Recreation and Open Space; nor shall it apply to FlUM changes associated with annexations when the City's advisory FlUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FlUM amendments. The applicant has not submitted data and analysis that verifies the changing demographic or other circumstances that demonstrate the need to change the FlUM designation of the subject property. The applicant has indicated that interest has been received for additional development within the Hamlet "subdivision" and that additional membership would aid in maintaining the country club as a first class facility. The development pattern of the Hamlet is primarily single family residential with similar densities. The availability of vacant land for new single family residential development within the City is becoming depleted. Infill development within existing neighborhoods will provide some of the last opportunities for new single family housing stock in the City when the last significant vacant parcels are developed. The proposed amendment will help fulfill the Comprehensive Plan Housing Element. Based on data and analysis provided in the Housing Element (Table HO-17), the City's projected need for additional single family housing between 1995 and 2005 is 1,051 additional single family residences. This FlUM amendment will provide some of that demand. o Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The proposed change will not have a negative influence on the stability of the Hamlet residential development and is consistent with the development pattern of the neighborhood. This change is not inconsistent with any objectives within the Comprehensive Plan. o Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. P & Z Board Staff Report FLUM Amendment & Rezoning for The Hamlet Page 4 At a density of five dwelling units per acre, four dwelling units could be constructed on the property. The impact on the adopted concurrency levels will be negligible and easily accommodated by existing public services. o Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. With exception of one MD (Medium Density 5-12 du/ac) tract, the Hamlet residential development consists of LD designated properties together with the golf course. The proposed FLUM designation is consistent with the development pattern of the majority of the Hamlet residential development. o Compliance -- Development under the requested designation will comply with the provisions and requirements of the land Development Regulations. Future redevelopment of the land will occur in accordance with the City's Land Development Regulations during the building permit review process. r"'---- . . - --. - .. . .. ----... -------. . ..----...-.-- . . ... . - ... ----1 . \ - . ZONING ANALYSIS REQUIRED FINDINGS: lDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of land Use 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 Future land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the land Development Regulations. Future land Use Map, Concurrency and Comprehensive Plan Consistency was previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the peñormance standards set forth in Section 3.2.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoning Actions): Standards B, C and E are not applicable with respect to the rezoning requests. The applicable peñormance standard of Section 3.2.2 is as follows: P & Z Board Staff Report FlUM Amendment & Rezoning for The Hamlet Page 5 (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The subject property is designated as "stable" on the Residential Neighborhood Categorization Map. The proposed rezoning to R-1-A from OSR would be the appropriate and most restrictive given the same zoning designations of the surrounding "pods" with the Hamlet residential development. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As noted previously, the R-1-A zoning designation is the predominate residential designation within the Hamlet development. The surrounding development pattern is single family residences. The construction of two single family homes will fit seamlessly with the development pattern of the entire subdivision. Section 2.4.5(D)(5) (Rezonina Findinas): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reason for the proposed rezonings is based on all three of the rezoning findings: As noted in the background section of this report, the property was rezoned from R-1-A to OSR as part of the Citywide rezoning in 1990 (established in error). Following this rezoning, the housing demands in Delray Beach have significantly increased since 1990. The need for additional single family housing stock is identified within the Comprehensive Plan (change of circumstances). The proposed LD FLUM and R-1-A zoning designations are compatible and consistent with the development pattern of the P & Z Board Staff Report FLUM Amendment & Rezonrng for The Hamlet Page 6 surrounding community (similar intensity). The vacant wooded lot has no known endangered flora or fauna and does not provide a significant habitat. Based on the above, positive findings with all three criteria can be made. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. Compliance with the Land Development Regulations will be addressed during the building permit review process. It is noted that the property will need to be platted prior to issuance of a building permit. I .' .' - . 1 REVIEW BY OTHERS The subject property is not within a geographical area requiring review by the Community Redevelopment Agency, Downtown Development Authority or the Historic Preservation Board. Courtesy Notices: Courtesy notices have been provided to the following civic and homeowners associations: · Presidents Council · PROD · The Hamlet Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. I ASSESSMENT I The proposed FLUM amendment and Zoning Map change to develop two single family residences on the subject property will be compatible with the surrounding properties. The Hamlet residential development was platted piecemeal and the subject property is a remnant parcel of land that is not associated with the golf course nor platted for residential use. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LOR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive findings can be made with respect to LOR Section 2.4.5(0)(5) (Rezoning Findings) and 3.2.2 (Standards for Rezoning Actions). Therefore, the proposed FLUM amendment and related zoning change are recommended for approval based on the findings outlined in this report. ---- P & Z Board Staff Report FLUM Amendment & Rezoning for The Hamlet Page 7 r----~-..· --. . -. ...---.. . .. ---.. ....-- ----..---.-.--- - . .... .. ....-. .--- . I ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission for a small scale FLUM Amendment from OS (Open Space) to LD (Low Density 0-5 du/ac) and rezoning from OSR (Open Space and Recreation) to R-1-A (Single Family Residential) for land with a total acreage of 0.978 acres for The Hamlet 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 the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for a small scale FLUM Amendment from OS (Open Space) to LD (Low Density 0-5 du/ac) and rezoning from OSR (Open Space and Recreation) to R-1-A (Single Family Residential) for land with a total acreage of 0.978 acres for The Hamlet by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. I ,,!~"II~' , , ", : "'-"', STAF'F'RECOMMENDATION '. , I Recommend approval to the City Commission for a small scale FLUM Amendment from OS (Open Space) to LD (Low Density 0-5 du/ac) and rezoning from OSR (Open Space and Recreation) to R-1-A (Single Family Residential) for land with a total acreage of 0.978 acres for The Hamlet 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 the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: o Future Land Use Map o Zoning Map Prepared by: Scott Pape. Senior Planner ~ .;;- I ;~ nl) Q: I HAMLET I I L DOLLAR GRllLEl ~ I PLAZA \\£Sf A1LAN1IC AV:HUE -- \ \ \ T ~ ;~§ ý' ~ '\.)- ... \ Y i / Y ~:~'-"-."_ t~ 0 -- )1' a os hi ~ S dJ os · ~ tl. r11 -- 1 \0 0 = c- - c-- ~~~ = dØ':.' '--------I I - .-- "---_ - / - ~ .~ - . - .. '1- - " ------ ~- w Z - " I- OJ - f-- ~ W 0 = ~ ~ L----- )- _~c-- 0 - ;= 1 'J - - ~ - ~ W 'I ~ ri S I=; F= .Ç¡- \;: J ~ F o.£Hv«>œ œ\£ / f-----J -== r¡:J O~ - f-- "'.. ¡---- , . , 1--- - CANAL L, 34 / / -' - - ¡U mr ' ~'~~ ( - - r - ~~ 1 \ r-----,..... ~ \ \ <t - - - '-----"!'- \ o G - "'" "'" ~"~ ft- -; ~ I)¡ < C, , 1.- U ~ L- 0<--- / / f---- "-- S.W '" 6TH ST, ,,/ , - - 1/ I ~.... )j,.. 4 ~- I I 1- ~)" -' I-------' Q£ARBROOK Ttt '(\\ Oi'iCl-Er t-"- f--H 1 - t---t; , - t- 0 f--~.l. l[ - - « f--rl o f-- ( :?; - æ a.£AAeROOK SOUTH aRCl£ OS ~Ù O,~ ~ r-- -' . ~ ~ .- MO" ~ CASITA WAY 1----'- ~! t, ~ ~~ /' ( - 0_ c--- '" C?~ c-- :5 :'i ~ ~~, ~~~~ - T j 'j~ ~= D~ 0 (!( ~ ~ M.~ <- 0 ~f\ lj(. l 7 ~ ~'--------- 0 N - PROPOSED FUTURE LAND USE MAP AMENDMENT arY OF OCŒAY BEACH. R FROM OS(OPEN SPACE) TO LD(LOW DENSITY RESIDENTIAL 0-5 DUlAC) PLANNING'" ZONING O£PAR fIIENT - - OIClfAL BASE UAP SY5fEU -- W>P REF LM8J7 ---- ---- ----- · ~ ~lLEl ~ f I ~~~þ-' P<)~ I L YÆ:ST ATlANTICI AVt:.NUI:. \l \ \ W ~ ~~[) y ~ ~'./<>~ \ Y , / "(~ ~,="D ~ ~ \ ~, 81 ~2i~l\ OSÌ-~- = \--:::~ OS~ ~/~f1'.1~j 1 \ \ 0 =,=~ ñ =:~ = ~ J I ~~camT ~~ 1'a ~ r / f-- ~- = ~ S I ___ ~ -: ~ 0/ c-- - ~ I- ¡.----- is - L-- == ~ 0 ¡L---- OS)--6 _~=- ~ = - I / '" - ~ ~ \--1 0- = , J I ""- -D F==~ - = ~ I / . <>.ÐfWOOO ~~ ~ -----j - fj}~ = T . _ CANAL L ~ 34 / I t- .J I .. ~ - - '--- ~ \' ~ -- - 0 ./ ( -I-- ~ ~~ - "'<"r-- ~ \ <t 1; - p - I-- r-----~ \ ' ~ lIVE: t '" i: - :sf\. AkE: cr. - I: L.-f-î '-{!' _ 1\ _ en I~ '<" ~ i _ )..... S.W. 6TH ST / ,"-- / II ' " (~~_ - I L _ ~ -' CLEAReROOK I '\\\ ClR(:LE:~ - f--H tI / == - OSR 0 Ë~! 11 .L.L l -~ - ó ~ HI[ ~ - ¡r Ct£ARBROOK ¡SOUTH ClRCt£ ~ 'ß9- ~ f!S ~~ CASA w~ï OSR '--i OS ~~ I '----1 0" "'- ,---,0 /" ===>-1 CASITA RII\II WAY --'_ "' /...- ~ ~ ~J> ~\\ Q~~ / RM -::7 j \ \ (§ ~ ~ ~'"-~ ~I~ i; ~ )oo<'t ft ~ì ~ 0 !) ~ I ~==:: J ~f\( -f,L l N - PROPOSED ZONING AMENDMENT aTY OF DÐ.J¡AY BEAOi. f1.. PLANNING &: ZONING OCPARTWOH FROM OSR(OPEN SPACE AND RECREATION) TO R-I-A(SINGLE FAMILY RESIDENTIAL) -- DIG/TN.. BASE MAP 'iY5fEU -- MAP REF UAIIJ7 - -~----- o/( t3Þ -~ ~~fi.~"1~·· ""~~W."i-·.."F- .. .~1ft.1I¡!,.'-a"'..I1"""""''''''\ ,~ ~ L~~r,~ r,' 1- - o ;:'J ~~i~.:f''-~~ ,,~~ii:,.t.,-L....~~ tì·'." f ~"I~"~~!"~!J~~~IPr(·~yJ..tUIVII:"· . ~ prt·..~-. .~- ::~"::to;,-:-:~.t=:.~a.",: .I~~~.; TO: THRU: FROM: SUBJECT: MEETING OF JUNE 7, 2005 CITY INITIATED REZONING FOR A 5.9 ACRE PORTION OF THE OSCEOLA PARK REDEVELOPMENT AREA FROM RM (MEDIUM DENSITY RESIDENTIAL) TO R-1-A (SINGLE FAMilY RESIDENTIAL). r~ - -.-. ~-':''''~~ ,'~~~~'" -=;-~,...~""- ~:-'~~::~-:- --<~-;~~:~~7P;:~:-~"'):;:i~tf '{r~~; =~ _V~~ ~~o r~'"~:- - ~~~~~~'~~~~-- ~ ~.- ~, LL-_~.__"__". _ ..__ .~¿j)¿.~_,~,~, .' '.-,'1;,,, '. .,,¡ ....~. i!I"~¡ 'J!' ~~v, '~::i.ii;5..""q..f\_lEt ,_.~,.~ ~'.J'~" _.~.,,~, . . ,~" :_ ," The Osceola Park Redevelopment Area is designated as Redevelopment Area #5. It is bordered by SE 2nd Street on the north; SE 5th Street on the south; SE 5th Avenue on the east; and SE 1st Avenue on the west. The redevelopment area encompasses a total of 35.6 acres. The proposed Rezoning is for a 5.9 acre portion of the redevelopment area, generally located south of the frontage properties on SE 2nd Street to SE 3rd Street, between the Federal Highway commercial frontage and the commercial/industrial rail corridor. This action is necessary to implement the Osceola Park Redevelopment Plan which was adopted by the City Commission on December 6, 2004. This Rezoning is accompanying a City initiated Future Land Use Map Amendment for the redevelopment area as part of Comprehensive Plan Amendment 2005-1, which has also been scheduled for this City Commission meeting. Additional background and an analysis of the FLUM amendment and rezoning are provided in the Planning and Zoning Board staff report attached as Support Document #2 in Comprehensive Plan Amendment 2005-1. Second reading of the rezoning request will be postponed until Comprehensive Plan Amendment 2005-1 returns from State review. The estimated date for the public hearing is August 2,2005. ¡- . --~~.,,,,-~~ ~ ~ wj- ~ '''-\j"\¡ ,~ "-,,,-,.. ,./~"r,,! -~~/~:>.-;~~-_~~~".-~___" Y.-_.. -~^~(~:~'~~(f;';:;(~~~--"'~"f"'~-~~ ~- ,,~~,,~ ~V! ,-- l~~~__ _ .""~~...:....:~.l!';~~lHÇ~ ~\~'1_"1,¡;¡¡¡?4...{:hJ!\;[,::ji~}.S:I;~^i~~];;':.:!.h~tt~~~~;\,=¡,.(~¥~~~~~_~,"'_"' __~_~_~¿) At its meeting of May 23, 2005, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendment and Rezoning request. While no members of the public spoke on the item, a letter from the Homeowners Association has been received in support of the proposal. After reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0 (Kincaid, Morris and Zacks absent) to recommend approval of the FLUM Amendment and Rezoning request by adopting the findings of fact and law contained in the staff report, and finding that the requests and approval thereof are consistent with the Comprehensive Plan and meet criteria set forth in Section 2.4.5(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. L_____ _- _~=~~~.-~~_-__~~ --;:~~~_~:Ù~..I~ª~~~J,J.._..._-:~\ê~_J.G!iii1:~~~ -.:~- -_. ~-,,-_~~,..~"""""".,~.. .-- ~.~" By motion, approve on first reading Ordinance No. 37-05 for Rezoning of a 5.9 acre portion of the Osceola Park Redevelopment Area, generally located south of the frontage properties on SE 2nd Street to SE 3rd Street, between the Federal Highway commercial frontage and the commercial/industrial rail corridor, from RM (Medium Density Residential) to R-1-A (Single Family Residential), 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(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. Attachment: Ordinance No. 37-05 \~ -----~--- ORDINANCE NO. 37-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO R-I-A (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND BEING GENERALLY LOCATED BETWEEN SE 2ND STREET AND SE 3RD STREET AND BETWEEN SE 2ND AVENUE AND SE 5TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April 2005, as being zoned RM (Medium Density Residential) District; and WHEREAS, at its meeting of May 23,2005, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.317 4( 4)( c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the 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; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of R-I-A (Single Family Residential) District for the following described property: Lots 13-22, inclusive, Block 103, Roebuck's Resubdivision of Block 103 Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 2, Page 19, of the Public Records of Palm Beach County, Florida; Together With; Lots 15-24, inclusive, Block 87 and Lots 4-12, inclusive, & Lots 15-24, inclusive, Block 95, Linn's Addition to Osceola Park, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 133, of the Public Records of Palm Beach County, Florida; Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to confonn with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon the effective date of Ordinance 31-05, under which official land use designation of LD (Low Density Residential 0-5 dulac) is affixed to the subject parcel hereinabove described. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of , 200_. ATTEST MAYOR City Clerk First Reading Second Readin~ 2 ORD NO. 37-05 .. ~éITY COMMISSION DOCUMENTATION ~ TO: D~;:r EN, THRU: ~LlNG, I . Q.. FROM: ONALD HOGGAR SUBJECT: MEETING OF JUNE 7, 2005 CITY INITIATED ANNEXATION VIA THE PROVISIONS OF THE EXECUTED WATER SERVICE AGREEMENTS AND CONSENT TO ANNEXATION WITH INITIAL ZONING OF CF (COMMUNITY FACILITIES) FOR DEL RAY MEDICAL CENTER, LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD, APPROXIMATELY 1,240 FEET WEST OF MILITARY TRAIL. L- . ~ 'ø æ~r. .:~·.,tt"r~·,···, ¡ BACIfGRÖUND ,~~:t"'" . ....... . :._ -~. ~.. t:;;'~·-'!~I' .~~ ~:~ I"·. ~ .:~.;. i ~ttf!'. ~~" . '-"i"":" .... =:,;.! -~':o/':..-., ....... ~ .... .. ".-I.. .-. . . The property under consideration is an unplatted 30.74 acre parcel which contains a 406,000 sq.ft. (approximate) hospital complex, known as Delray Medical Center. On February 3, 1981, an Agreement for Water and Sewer Service was executed for the subject property as well as for the adjacent medical office and shopping center developments. The hospital was constructed in 1982, and City water and sewer facilities were extended to the development. On March 18, 1999, the Agreement for Water and Sewer Service was amended and included paragraphs, which gave consent for future annexation and assessment of a storm water assessment fee. The agreement states that the overall development will be annexed in phases with the shopping center to be annexed by March 31, 2001 (completed), Delray Medical Center during the year 2005, Fair Oaks property by 2008, and Lago Vista property by 2011. This Annexation and initial zoning request is accompanying a City initiated Future Land Use Map Amendment from County INST (Institutional) to City CF (Community Facilities) for the property as part of Comprehensive Plan Amendment 2005-1, which has also been scheduled for this City Commission meeting. Additional background and analysis are provided in the Planning and Zoning Board Staff Report attached as Support Document #4 in Comprehensive Plan Amendment 2005-1. Second reading of the rezoning request will be postponed until Comprehensive Plan Amendment 2005-1 returns from State review. The estimated date for the public hearing is August 2, 2005. " ~.........,~~--.......,.....-.,- . ...!,!.... ~.' .'..1ì....·fG~~D.Q9im:;JB~A1i'p~o~TaID: ·-~Ip~~~i~~~ [ I . " ~I At its meeting of May 23, 2005, the Planning and Zoning Board held a public hearing in conjunction with the City initiated Annexation, FLUM amendment and initial zoning request. No one from the public spoke on the item. After reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0 (Kincaid, Morris and Zacks absent) to recommend approval of the City initiated Annexation, FLUM amendment and initial zoning request, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, meets the criteria set forth in Sections 2.4.5(C)(4), 2.4.5(D)(5), 3.1.1, and 3.2.2 of the Land Development Regulations, and complies with Florida Statutes Chapter 171. , . - -~~~ ~ ." ..'"".,. MM 'Ñi'" ~Ä' 'Tib~qr'm'i:/ '~'~F".'"'··~''''''' ø . , , ".\'" I.":_'.'jè,..~)f.>;;~.. :',,":~~CQ E DED: C'. .~.:rr- ,·:.õ.':¡;.t'!.:::',,·;:, ·,;,~J....A.'-". .~'~ft1.' , By motion, approve on first reading, Ordinance No. 33-05, for the City initiated Annexation, and initial zoning request to .CF (Community Facilities) for Delray Medical Center, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, meets the criteria set forth in Sections 2.4.5(C)(4), 2.4.5(D)(5), 3.1.1, and 3.2.2 of the Land Development Regulations, and complies with Florida Statutes Chapter 171. Attachment: Ordinance No. 33-05 \&E ORDINANCE NO. 33-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF LINTON BOULEV ARD, APPROXIMATELY 1,240 FEET WEST OF MILITARY TRAIL, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIP AL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO CF (COMMUNITY FACILITIES); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE WHEREAS, Tenet Healthcare Corporation is the fee simple owner of a 30.74 acre parcel of land located at on the south side of Linton Boulevard, approximately 1,240 feet west of Linton Boulevard; and WHEREAS, pursuant to the Agreement for Water and Sewer Service and Consent to Annexation and Stormwater Management Assessment executed on March 18, 1999, the City of Delray Beach intends to annex the subject property into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS pursuant to LDR Section 2.2.2(E)(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of May 23,2005, and voted 4 to 0 to recommend that the annexation be approved with an initial zoning of CF (Community Facilities) District, based upon positive findings; and ------- - ~ WHEREAS, pursuant to Florida Statutes l63.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the 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 DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: A parcel of a land situate in Section 26, Township 46 South, Range 43 East, Palm Beach County, Florida being more particularly described as follows: Commencing at the Northeast corner of said Section 26; thence along the North line of said Section 26, North 89° 56' 07" West, a distance of 1279.56 feet to the Northeast corner of Tract "E" as described in Official Record Book 3442 Page 306, Public records of Palm Beach County, Florida, thence along the easterly line of said Tract "E", South 45° 03' 53" West a distance of 35.38 feet; thence continue along the said easterly line of Tract "E" and along the easterly line of Tract "B" as described in Official Record Book 3441, Page 389, Public Records of Palm Beach County, Florida South 00° 02' 08" West a distance of 45.86 feet to a point of curvature of a curve concave to the Northwest having a radius of 199.06 feet; thence continue along the said easterly line of Tract "B" and southwesterly along the arc of said curve, through a central angle of 5T 33' 23", a distance of 199.97 feet; thence South 5T 35' 31" West, a distance of 78.60 feet to a point of curvature of a curve concave to the Southeast, having a radius of 147.06 feet; thence Southwesterly along the arc of said curve through a central angle of 5T 31' 42" a distance of 147.66 feet; thence South 00° 03' 49" West a distance of 268.35 feet to the southeast corner of said Tract "B", said comer lying on the northerly line of Tract "0" as described in said Official Record Book 3441 Page 389, thence along the northerly line of said Tract "O'~ South 89° 50' 07" East, a distance of 550.39 feet to the northeast corner ofthe West half ofthe Southwest quarter ofthe Northeast quarter of the Northeast quarter of Section 26; thence along the East line of the West half of the Southwest quarter of the Northeast quarter of the Northeast quarter of said Section 26, 2 ORD. No 33-05 South 00' 47' 39" East, a distance of 674.28 feet to a point on the south line of the north half of the northeast quarter of said Section 26; thence along the South line South 89' 52' 51" West a distance of 1232.53 feet; thence North 00' 03' 53" East a distance of 1348.03 feet in a point on the South right-of-way of Linton Boulevard as described in Official Record Book 7818, Page 139, Public Records of Palm Beach County, Florida, said point being on a curve concave to the South having a radius of 7581.44 feet and from which a radial line bears South 01' 42' 54" East; thence along said South right-of-way line and easterly along the arc of said curve, through a central angle of 01' 46' 47", a distance of 235.48 feet to a point on the aforesaid North line of Section 26, thence along said North line South 89' 56' 07" East a distance of688.l7 feet to the point of beginning. Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Defray Beach are now or may be subjected, including the Stormwater Management assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District CF (Community Facilities) as defined be existing ordinances of the City of Del ray Beach. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. 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. 3 ORD. No 33-05 Section 9. If the comprehensive plan amendment is found to be in compliance, the effective date ofthis ordinance shall be December 31,2005. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,20_. MAYOR ATTEST: City Clerk First Reading Second Reading 4 ORD. No 33-05 1X\ L~~~,=_=..~___CIT! CO~~IS~I~~ ~~C.~~E~_!~TI~f!- _~ _~_ ~ ___~:= ~-l TO: DAVID ~N~NAGER THRU: PAUL D RUNG, DIRECT 'OF PLANNING AND ZO~ FROM: JEFFREY A. COSTEllO, ASSISTANT PLANNING DIR SUBJECT: MEETING OF JUNE 7, 2005 CITY INITIATED AMENDMENT TO THE lAND DEVELOPMENT REGULATIONS APPENDIX A "DEFINITIONS" REGARDING THE DEFINITION OF RESTAURANTS. C'" ,___~-= .~_:.~:_ .~. _~ ..~- .~BA¿·.Kª=~~~~N~j ~N~~!SI~.:·- ..~.. ~~ ---:~_. ._ -- . ~~ .=-=--::.11 This amendment is being processed to clearly define the differences between a "restaurant" and a "stand alone bar". The current definition of restaurant (copy attached) will be replaced with a new definition (see attached proposed ordinance). The new definition of Restaurant clearly distinguishes a restaurant from a stand alone bar, and clarifies that a restaurant must operate as a restaurant during all hours of operation and cannot operate at any time as a stand alone bar. Restaurants must have full kitchen facilities and food preparation staff capable of preparing and serving full course meals during all hours of operation. Restaurants that offer entertainment, or relocate tables and chairs to provide a dance floor or other entertainment, must comply with the definition of restaurant. Pursuant to LOR 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. This amendment is being initiated more for clarification purposes than to fulfill any specific Comprehensive Plan policy. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. L_. ..._....._ ,. ...~~:-~ "'PLÄÑ-NI~i~ AND ZÕNiNG:~9·A~~.C~NSI!?ER~ii'c?N--" .- ....-..--..---... --1 At its meeting of May 23, 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 4-0 (Kincaide, Morris, Zacks absent) 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 criteria set forth in Section 2.4.5(M) of the Land Development Regulations. r -' - - ---- -- - .--- "_.-- -- .-. - - -- -- =-.= = -=-0.- 1 ---.------ ------------------ -- RECOMMENDED ACTION - :_ _----=----=-" """='". ---=.," --:=.. -=-. --=. """'=:.. -.=:on -=- -::= ""::=- --= .".:":' -.- =-=- -= -.0:= _=- ==- I - ... -- Approve on first reading the ordinance amending Land Development Regulations Appendix "A" Definitions 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 21, 2005. Attachments: Current Definition of Restaurant Definition of Stand Alone Bar Proposed Ordinance/Definition of Restaurant \~"F Current Definition of Restaurant: "An establishment where food is prepared and served for pay primarily for consumption on the premises in a completely enclosed room, under roof of the main structure, or in an interior court. A drive-in or drive-thru restaurant is not a Restaurant. A cafeteria or fast-food establishment shall be deemed a Restaurant for the purposes of zoning classification. " Definition of Stand Alone Bar: "Any licensed premises, including but not limited to, cocktail lounges, bars, nightclubs, dance clubs, piano bars and cigar bars, devoted during any time of operation predominantly or totally to serving alcoholic beverages, intoxicating beverages, or intoxicating liquors, or any combination thereof, for consumption on the licensed premises, in which the serving of food, if any, is merely incidental to the consumption of any such beverage; and the licensed premises is not located within, and does not share any common ent¡yway or common indoor area with, any other enclosed indoor workplace, including any business for which the sale of food or any other product or service is more than an incidental source of gross revenue. A place of business constitutes a stand alone bar in which the service of food is merely incidental in accordance with this definition if the licensed premises derives no more than ten percent (10%) of its gross revenue from the sale of food consumed on the licensed premises". ORDINANCE NO. '"\~ -05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING APPENDIX "A", "DEFINITIONS", BY REPEALING THE DEFINITION OF "RESTAURANT" IN ITS ENTIRETY AND ENACTING A NEW DEFINITION FOR "RESTAURANT (BONA FIDE)"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach Code of Ordinances contains various restrictions on the sale of alcoholic beverages within the City; and WHEREAS, the City Commission deems it necessary to clearly define the differences between "bona fide restaurant" and a "stand alone bar". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 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' RESTAURANT (BONA FIDE) (a) A bona fide restaurant shall mean an establishment engaged primarily in the service of food where the sale or service of alcoholic beverages is incidental to the sale and service of food. A cafeteria or fast food establishment shall be deemed a bona fide restaurant for the purposes of zoning classification. All other establishments must meet the following criteria: 1. A bona fide restaurant must, during all hours of operation, continually offer food service consisting of full course meals; a. Full course meals shall include a salad or vegetable, entrée and dessert. 2 A bona fide restaurant must have full kitchen facilities, which are located in a completely enclosed room, under roof of the main structure, or in an interior court and food preparation staff capable of preparing and serving full course meals during all hours of operation. 3. A bona fide restaurant must have a customer service area consisting of tables, chairs or customer counters. The tables or customer counters within the customer service area must be of adequate size to accommodate the service of full course meals 4. In order for tables, chairs or customer counters to be included in the customer service area, the service of full course meals must be available at each seat or chair at each table or customer counter in accordance with the following: a. The total number of seats or chairs at the tables, customer counters and bars within the customer service area must be sufficient to accommodate the maximum occupant load of the restaurant; b. The full occupant load shall be determined in accordance with the provisions of the standard Florida Building Code or its successor code. 5. A bona fide restaurant must have the appropriate license issued by the state as well as all municipal or county permits required by law, and must meet all local zoning requirements. 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 affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon passage. 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 ox 0lG1 TO: THRU: CTOR OF PLANNING AND ZONING FROM: TORIC PRESERVATION PLANNER SUBJECT: MEETING OF JUNE 7, 2005 REZONING FROM R-1-A (SINGLE FAMILY RESIDENTIAL) TO CF (COMMUNITY FACILITIES) ASSOCIATED WITH THE ESTABLISHMENT OF A SENIOR HOUSING FACILITY AT THE LA FRANCE HOTEL [ . ~~ ..=-~~~ . =- ,=- _.~= -~~ -~. à ,~)( ~~ ~ ~ ~ D i_~ N ~. L .Y_ ~ I.~_·--~ ='_ - .- .-..... .- -' ~~. _~.- J The property contains the 4,028 square foot La France Hotel which is currently used as a 16- room boarding house with two (2) full bathrooms on each floor. The two-story, concrete block structure was built in 1947 in the Masonry Vernacular style and is considered a contributing building within the West Settlers Historic District. It is recognized as the area's first hotel and, in the 1950's, was one of the few lodgings in South Florida that offered accommodation for blacks during a time when they were not permitted in white-owned hotels. The applicant, the Community Redevelopment Agency (CRA) , is proposing to alter the extant historic building and construct an addition to provide a Senior Housing Facility which will offer affordable housing units for residents of 60 years and older. There is a need for affordable housing for the senior residents of Oelray Beach who cannot afford market rate housing at their current income level. Also, there has been a change of ownership of the property from a private individual to a government agency (CRA) which has made a commitment to the community to preserve the historic structure and adapt it for re-use. A rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) to accommodate this change is therefore requested. This request accompanies an LOR text change to add Senior Housing as a conditional use in the CF zoning district, which is a separate item on the agenda. On the second reading, it will also be accompanied by a Conditional Use request. IL '.. ·-~-..-LA_NN·!~-!:, ~N-p_~~_o"Ñ!.Ñ~ B~~R'~, ~.O~~I~_E~~_iï.þ--~." ---, " , , .- ":':!. At its meeting of May 23, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request. After reviewing the staff report and discussing the proposal, the Board voted 4-0 to recommend approval of the rezoning request from R-1-A to CF, based on positive findings with respect to LOR Section 3.1.1 (Required Findings), LOR Section 3.2.2 (Standards for Rezoning Actions),' and LOR Section 2.4.5(0)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. r=' ._~~- ~ -----.---- .- ..-- -- -- --- ---.---. -- - ---- --- ------ RECOMMENDED ACTION :. - --- - -- -- - -- =- =_ -=_ ."""="". -=. _-=_ --=_ --=- -=. --.-....... . -:=.. =- """_ J - - --- By motion, approve on first reading the ordinance for a rezoning from R-1-A (Single Family Residential to CF (Community Facilities) based on 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(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations, and set a public hearing date of June 21, 2005. Attachments: P & Z Board Staff Report of May 23, 2005 & Ordinance by Others \(;LG ORDINANCE NO. 35-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-l-A (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE WEST SIDE OF NW 4TH AVENUE, APPROXIMATELY 80 FEET SOUTH OF MARTIN LUTHER KING JR. DRIVE (NW 2ND AVENUE), AS MORE P ARTICULARL Y DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April 2005, as being zoned R-I-A (Single Family Residential) District; and WHEREAS, at its meeting of May 23,2005, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes l63.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the 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; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the ----- same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for the following described property: That part of Lots 8, 9, and 10, Replat of Part of Block 27, Town of Linton, Delray Beach, Florida, according to the Plat thereof recorded in Plat Book 21, Page 43 of the Public Records of Palm Beach County Florida, described as follows: All of said Lots 9 and 10, and the following described part of Lot 8: Begin at the Southwest comer of said Lot 8; thence Easterly, along the South line of said Lot 8, 135.57 feet to the East line of said Lot 8; thence Northerly, along saId East line, 23.00 feet; thence Westerly, parallel with the South line of said Lot 8, 15.00 feet; thence Southerly, parallel with the East lme of said Lot 8, 18.20 feet; thence Westerly, parallel with the South Line of said Lot 8,32.60 feet; thence Southerly, parallel with the East line of said Lot 8, 0.80. feet; thence Westerly, parallel with the South line of said Lot 8, 57.00 feet; thence Northerly, at right angles, 43.00 feet; thence Westerly, at right angles, 31.61 feet to the West line of said Lot 8; thence Southerly, along said West line, 47.00 feet to the said Point of Begmning. Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Del ray Beach, Florida, to conform with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of , 200_" 2 ORD NO. 35-05 ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD NO. 35-05 I PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT--- MEETING DATE: May 23, 2005 AGENDA ITEM: IV.A. ITEM: Rezoning From R-1-A (Single Family Residential) To CF (Community Facilities) For The La France Hotel, Located on the West Side of NW 4111 Avenue, Approximately 80 Feet South of Martin Luther King Jr. Drive (NW 2nd Street). i , , ~ ~ ~ < < f--- I-- T 1 f--- I--- Kw. JRO ~r. ---J I I II LL! GENERAL DATA: f--- - - I f- - f-- - . i I-- - -< f- - - - I - '--- I Owner/Applicant......................... Delray Beach CRA c- - - I-- ~~ Location...................................... Located on the west side of ~ II III ~ fT L- NW 4111 Avenue, between NW 1 st Street and Martin Luther MARtIN LU!HER ~ I<JHG .R ~"'" King Jr. Drive (NW 2nd Street) ~ia 1 ~ Property Size.............................. 0.36 Acres ~ - l- I Future Land Use Map................ LD (Low Density) - Current Zoning............................ R-1-A {Single Family - '---- - ~ ~ I Residential ~ T L Proposed Zoning........................ CF (Community Facilities) - T ! Adjacent Zoning................North: R-1-A "" =-1' ~ J East: R-1-A I ~ ~ = I South: R-1-A I z '" "'= ¡ e- f-Z z~i I West: CBD RR£ - sr....nON I-- Irnnri~ t Existing Land Use...................... Hotel J TENNIS Proposed Land Use.................... Senior Housing' Facility ~ L-- STAOfUU ; Water Service............................·.· Available on site NO. I . ; Sewer Service...........~................. Available on site ATLANTIC AVENUE .- ~ )llll [ . POLICE SOU1J-/ I-~ < COMPŒX COUNTY 1-... COUR T l- I-- f--- = HOUSE I- ~ I-~ - 1-", l- N I- '" I-~ - .,; - - f-- s.w. ,St ~,. I-r ::II I II I i - -- I I TE M BEFORE THE BOARD I The item before the Board is that of making a recommendation to the City Commission on a rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) associated with the establishment of a Senior Housing Facility at the La France Hotel, pursuant to LOR Section 2.4.5(0). The subject property is located on the west side of NW 4th Avenue, between NW 1st Street and Martin Luther King Jr. Drive (NW 2nd Street), and contains 0.36 acres. I BACKGROUND/PROJECT DESCRIPTION , The property contains the 4,028 square foot La France Hotel which is currently used as a 16-room boarding house with two (2) full bathrooms on each floor. The two-story, concrete block structure was built in 1947 in the Masonry Vernacular style and is considered a contributing building within the West Settlers Historic District. It is recognized as the area's first hotel and, in the 1950's, was one of the few lodgings in South Florida that offered accommodation for blacks during a time when they were not permitted in white-owned hotels. The applicant (CRA) is proposing to alter the extant historic building and construct an addition to provide a Senior Housing Facility which will offer affordable housing units for residents of 60 years and older. There is a need for affordable housing for the senior residents of Delray Beach who cannot afford market rate housing at their current income level. Also, there has been a change of ownership of the property from a private individual to a government agency (C.R.A.) which has made a commitment to the community to preserve the historic structure and adapt it for re-use as a Senior Housing Facility. A rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) to accommodate this change is therefore requested. I ..' . Z O' N I'N G ANALYSIS" ... , .. . REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to Future land Use Map Consistency, concurrency, Comprehensive Plan Consistency and Compliance with the land Development Regulations. FUTURE lAND USE MAP: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future land Use Map. The subject property has a Future Land Use Map designation of LD (Low Density 0-5 du/acre) and is currently zoned R-1-A (Single Family Residential). Senior Housing is not specifically listed as a permitted use in the R-1-A zoning district. The Community Facilities (CF) zoning district is a special P&Z Board Staff Report Rezoning from R-1-A to CF for the La France Hotel (140 NW 4th Avenue) Page 2 purpose zone district primarily, but not exclusively, intended for locations at which facilities are provided to serve public, semi-public, and private purposes. Such purposes include governmental, religious, educational, health care, social service, and special facilities [Ref. LOR Section 4.4.21 (A)]. 'Senior Housing' is to be added as a conditional use to the CF District as a separate agenda item. If approved, the use will be consistent with the proposed CF zoning. Furthermore, pursuant to LOR Section 4.4.21 (A), the CF district is deemed compatible with all land use designations shown on the Future Land Use Map. Based upon the above, positive findings can be made with respect to Future Land Use Map Consistency. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water & Sewer: o Water service exists via an existing 20" water main located along the west side of NW 4th Avenue. o Sewer service exists via the existing 8" main located along the east side of NW 4th Avenue. The proposed development will accommodate uses of similar intensity as those which exist on the site today and will have similar water consumption and sewer generation rates. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainaae: With a rezoning request, drainage plans are not required. The rezoning to CF is to allow a Senior Housing Facility to occupy the existing building. On-site drainage will be addressed through the site plan approval phase and no problems are anticipated. Traffic: While the proposed CF zoning would allow uses of similar or greater intensity from a traffic perspective than those allowed under R-1-A, an increase in traffic volumes is not anticipated with this request. As previously noted, the proposed rezoning from R-1-A to CF is to accommodate a change in use from boarding house to Senior Housing Facility. The conversion from 16 hotel units to 14 senior housing facility units represents a significant reduction not only in daily trip generation but also in both pm and am peak hours. Based upon the above, a positive finding can be made with regard to this level of service standard concerning the proposed rezoning request. Parks and Recreation: The proposed Senior Housing Facility is a residential use. However, since the facility will replace 16 units with 14 units (Le. creation of no new units), no additional park impact fees will be required. P&z Board Staff Report Rezoning from R-1-A to CF for the La France Hotel (140 NW 4th Avenue) Page 3 School Concurrency: In addition to the proposed Senior Housing, the CF zoning district already allows some residential uses in the form of residential homes and group homes. These type of uses by their nature do not create a demand on schools. Therefore, the zoning change is likely to represent a reduction in the impact or demand on school facilities and services. Solid Waste: Trash generated each year by the proposed Senior Housing Facility under the proposed CF zoning district will be slightly greater than trash generated by the uses allowed under the R-1-A zoning district however the difference should not create an adverse impact on this level of service standard. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021. CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezonina Actions): Standard A, B, C and E are not applicable with respect to this rezoning request. The applicable performance standard of Section 3.2.2 is as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The subject property is bordered to the north, south, and east by the R-1-A zoning designation, which is comprised of single family residences, and to the west by CBO zoning which is comprised of multiple-family dwellings and commercial uses. The principal uses within the CF district, including governmental offices, community centers, libraries, museums, child care centers, and places of worship, and conditional uses including child care and adult care are compatible with both residential and commercial uses. Additionally, the proposed Senior Housing Facility is similar in intensity and compatible with other uses allowed in the CF district. Section 2.4.5(D)(5) (Rezonina Findinas): Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; P&Z Board Staff Report Rezoning from R-1-A to CF for the La France Hotel (140 NW 4th Avenue) Page 4 c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The basis for rezoning relates to reason "b". The change in circumstances is the need for affordable housing for the citizens of Delray Beach, specifically for the seniors who cannot afford the market rate housing at their current income level. In addition, the property recently changed ownership from a private individual to a governmental agency (C.R.A.) which has made a commitment to the community to preserve the extant historic structure and adapt it for reuse as a Senior Housing Facility. The proposed use is inappropriate for the R-1-A zoning district; however, the CF district was created as a special purpose district that is intended to permit uses that serve public or semi-public purposes. The rezoning of the property will accommodate a Senior Housing Facility. Further, the CF district is deemed compatible with all land use designations shown on the Future Land Use Map. Based on the above, the CF zone district is more appropriate for the property based upon a change in circumstances. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable goals and objectives that are relevant to the proposed rezoning were noted: Future Land Use Objective A-1: Property shall be developed or redeveloped, in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations; is complementary to adjacent land uses; and fulfills remaining land use needs. There is a need for affordable housing for the citizens of Delray Beach, particularly the senior residents, and the increase in their population number, who cannot afford market rate housing at their income level. The rezoning and provision of a Senior Housing Facility will address this need for affordable housing. The location of the project is ideal for senior residents as it is in a quiet residential neighborhood and within walking distance to services such as mass transit, commercial, cultural, recreational, and public facilities. The La France Hotel is a contributing building in the West Settlers Historic District and the conversion to Senior Housing will ensure its continued use and repair. Future Land Use Objective A-2: To reduce, and eventually eliminate, uses which are inconsistent with the character of the City of Delray Beach, or which are inconsistent with predominant adjacent land uses, and to insure compatibility of future development. The current boarding house is a non-conforming use with respect to the property's zoning and LD Future Land Use Map designation. Further, since boarding houses are not permitted within the City, the adaptive reuse of the property for a Senior Housing Facility as a conditional use under the CF zoning district will bring the use into conformance. Future Land Use Objective A-4: The redevelopment of land and buildings shall provide for the preservation of historic resources. The extant historic building is a contributing structure within the West Settlers Historic District and the current proposal is for the adaptive reuse of the building as a Senior Housing Facility. From a historic preservation point of view, the most appropriate use for a building is the use for which it was first built. However, this is not possible under the existing code as commercial hotels are not P&Z Board Staff Report Rezoning from R-1-A to CF for the La France Hotel (140 NW 4th Avenue) Page 5 permitted in residential zoning districts. When a new use has to be found for a historic building, the new use should be both appropriate and sustainable. In this case, if the text amendment and conditional use application is approved, the building will be modified to support a more appropriate type of residential use and only minor internal alterations of the extant historic building will be required. As there is a need for this form of housing and the proposal has the backing of a government agency, it is anticipated that the proposed use will be sustainable, ensuring the future protection and maintenance of the historic structure. The proposal, therefore, can be regarded as an appropriate and sustainable new use for the former La France Hotel. Future Land Use Goal Area C: Blighted areas of the City shall be redeveloped and renewed and shall be the major contributing areas to the renaissance of Delray Beach. Approving the text amendment and conditional use application will facilitate the repair and alteration of an extant historic building within the West Settlers Historic District. The entire site will be brought up to code with respect to parking, landscaping, drainage, and building components, and the streetscape of the neighborhood will be enhanced. On completion, the structure will be put to a sustainable use which will ensure its ongoing repair and upkeep. The aesthetic and structural improvements to the site may also be a catalyst for other property owners to enhance their properties, and the accommodations for senior housing will enrich the social and cultural fabric of the community. Housina Obiective 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. There is a growing need for affordable housing for the senior residents of Delray Beach. The rezoning to CF and approval of the conditional use will allow the property to be used as a Senior Housing Facility which will address this problem by providing affordable housing for citizens of 60 years of age and older. Downtown Delrav Beach Master Plan - Development Without Displacement The adaptive reuse of the existing building to create a Senior Housing Facility to provide affordable housing will address issues such as gentrification and involuntary displacement as outlined in the 'Development Without Displacement' community handbook. By providing affordable housing, senior residents of the West Settlers area will be able to continue living there without the fear of being displaced because of rising costs. The location of the project is ideal for senior residents as it is in a quiet residential neighborhood and within walking distance to services such as mass transit, commercial, cultural, recreational, and public facilities. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: A text amendment and conditional use application for this property are under separate agenda items. The proposed text amendment will allow Senior Housing Facilities within the CF district as a conditional use. The proposed text amendment includes the following operating criteria for Senior Housing Facilities: ---- P&Z Board Staff Report Rezoning from R-1-A to CF for the La France Hotel (140 NW 4th Avenue) Page 6 LDR Section 4.3.3 - Senior Housing: The accompanying text amendment to LOR Section 4.3.3, Senior Housing Facilities requires facilities to operate under the following criteria: a) That a sleeping room and separate bathroom facilities shall be provided for an on-site property manager who is required to remain on the premises overnight. b) That adult residents may utilize private medical care or personal services while in residence and may not have a nurse in residence. c) That no more than two (2) residents shall be housed per unit. d) That Senior Housing located in any zoning district shall provide outdoor amenities, landscaping, design features, and yard space to serve the residents. Such features shall be reviewed and approved concurrent with Conditional Use approval. e) That the facility shall not provide non-recreational services such as beautician, barber, tailor, seamstress, sale of convenience goods, and entertainment. f) That commercial related cooking equipment may be permitted provided such features shall be reviewed and approved concurrent with the Conditional Use approval. Meals prepared from these equipments shall only serve the residents. g) That the facility shall accommodate low to very-low income residents. The above criteria must be adhered to throughout the operation of the proposed Senior Housing Facility. The applicant has proposed a parking requirement of one parking space per unit plus one parking space for an on-site property manager. The proposed code amendment also requires that a Senior Housing Facility must be located within a 600' radius of a mass transit stop enabling the residents to utilize public transportation if needed. As the property will be owned and managed by the CRA and another (as yet unnamed) governmental or non-profit agency, it is anticipated that the Senior Housing Facility will operate within the above criteria. I REV fE·V\( BY"' 0 T H'E 'R S ~ ' ., . ': i. ~ I Community Redevelopment Aaencv At its meeting of April 28, 2005, the CRA Board reviewed and recommended approval of the proposed rezoning. Public Notice: Formal public notice has been provided to property owners within a 500-foot radius of the subject property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. P&Z Board Staff Report Rezoning from R-1-A to CF for the la France Hotel (140 NW 4th Avenue) Page 7 I ASSESS ME NT AND CON C L U'S ION S I The rezoning from R-1-A to CF is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(0)(5) (Rezoning Findings), that there has been a change in circumstances. I A L T E R N'A T I V E A C·t 1 O·'N'S I A. Continue with direction. B. Recommend to the City Commission approval of the rezoning request from R-1-A (Single Family Residential) to CF (Community Facilities) for the La France Hotel (140 NW 4th Avenue), 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(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. C. Recommend to the City Commission denial of the rezoning request from R-1-A (Single Family Residential) to CF (Community Facilities) for the la France Hotel (140 NW 4th Avenue), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is inconsistent with the Comprehensive Plan and does not meets criteria set forth in Section 2.4.5(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. I STAFF RECOMMENDATION I Recommend to the City Commission approval of the rezoning request from R-1-A (Single Family Residential) to CF (Community Facilities) for the La France Hotel (140 NW 4th Avenue), 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(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations. Attachments: Future Land Use Map, Zoning Map, Survey Report prepared by: Warren Adams, Historic Preservation Planner ~ [ .. . "....-.-". -. .-. ....-...-..--.-- 'UU_"II' II _.... _..._...._.. I . . . . I CITY COMMISSION DOCUMENTATION .,_" . , '_1' II' . .. .... TO: DAVIDT.~ ~GER THRU: PAUL DO LING, DIRECT OF PLANNING AND ZONIN~ ~ FROM: JEFFREY A. COSTELLO, ASSIST ANT PLANNING DIRECT " SUBJECT: MEETING OF JUNE 7, 2005 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. Ie . - - -- --' .-- -- -.. - - ---' .__n 009 : ..... ;,.: .:.,,~~ .... -BACK-GROUND I AÑ-ÃL YSIS-- -- --"- .- - -.. ,. - __ -- ---='--'-00 --=-----'=_- - --==,_ -=- .=- "'=-. -=.-' = .-=- -.= '.= ="-. .....=. ,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 providing 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 were lacking a definition of "Lowest Floor", which is required to meet 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 adding a definition of "Lowest Floor" is proposed. 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 30NING BOARD CO~SIDE~A"'f~ON _ -_.........--- - H] At its meeting of May 23, 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 4-0 (Kincaide, Morris, Zacks absent) 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 criteria set forth in Section 2.4.5(M) of the Land Development Regulations. lë;L\-\ - -- City Commission Documentation Meeting of June 7,2005 LDR Amendment - Section 4.5.3 "Flood Damage Control Districts" & Appendix "A" Definitions Page 2 Ir --~.. . -- --. .. -- -. ...-. - - ----:==-- =- ---- RECOMMENDED ACTION Ii ..---.. -- -.. -- .--. -- ---. ---- --- --. ..--. -- --. ------.- Approve on first reading the ordinance amending Land Development Regulations Section 4.5.3 Flood DamaQe Control Districts and Appendix "An Definitions to provide a definition of "Lowest Floor", 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 21, 2005. Attachment: Proposed Ordinance ORDINANCE NO. 38-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING APPENDIX "An "DEFINITIONS", BY ENACTING A NEW DEFINITION FOR "LOWEST FLOOR" AND AMENDING SECTION 4.5.3, "FLOOD DAMAGE CONTROL DISTRICTS", IN ORDER TO INCLUDE A REFERENCE TO THE DEFINITION OF "LOWEST FLOOR"AS PROVIDED IN APPENDIX "A"; 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 (includinq basements). An unfinished or flood resistant enclosure, usable solely for parkinq of vehicles. buildinq access or storaqe in an area other than a basement area is not - considered a buildinq's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation desiqn 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: - ___~ection 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 private 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. (B) 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- 2 ORD. NO. 38-05 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. (C) Review and Approval Process: See Section 2.4.6(1)] (0) 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 indude, 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. 3 ORO. NO. 38-05 (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 (as Defined In Appendix "A" to these LDRs), 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 (as defined in Appendix "A" to these LDRs), 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 drainagø 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. (E) 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). 4 ORD. NO. 38-05 (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; (f) 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; ü) 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 governmental 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 r11ay be issued for new construction and substantial improvements to be erected on a lot of 1 /2 acre or less 5 ORD. NO. 38-05 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 a~, 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 (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 6 ORD. NO. 38-05 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 (as defined in Appendix "A" to these LDRs) (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, shé!1I 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 (as defined in Appendix "A" to these LDRs). (14) The Chief Building Official shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. 7 ORD. NO. 38-05 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 I day of ,2005. MAYOR ATTEST: CITY CLERK First~~ading Second Reading 8 ORD. NO. 38-05 -- -._- - --._~ -