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07-17-90 Special/Workshop
"'"-- =- "'" CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION SPECIAL/ WORKSHOP MEET:NG - JULY 17, 1990 - 6:00 P.M. COMMISSION CHAMBERS _~.G::NDA Please be advised that ; C a ?erson decides to appeal any decision made by the City Commiss~on N~~h ~espect to any matter considered at this meeting or hear~ng, s~ch ?ersons w~ll need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the prQceed~ngs is made, which record includes the testimony and evidence ~pon which the appeal is to be based. The City does not provide or prepare such record. Pursuant to Section 3.07 of ~te City Charter of the City of Delray Beach, Florida, Mayor Thomas ~. Lynch has instructed me to advise you of a Special Meet~ng of ~he Comm~SSlon to be held in the Comm~ss~on Chambers at 6 P.M. on Tuesday, July 17, 1990. This meeting has been called for the purpose of considering the follow~ng: S~;;L f1'-f1ð AI-t1~ AI f( ~. Vl.:uúo<"J c..,J1,¿,z.;r/er1t " . 1. Local Option Sales Tax (City Commission). i '"'''',..,....:.",1 ()Y'"''',IU f"'.ðC~Ac A- ~ 4- - ð --rö "5-l:tt f'\.c.:L"j 2. S. D. Spady Access I s sue. L(Y\~ì 80 -to 7/23 Sch. b- . M~ wi (I?J:¡ '(C:(T'(\')('n~1 3. Appo~ntment of Three ~embers to the Delray Beach Housing Author~ ty. E'uQ,Q.¡.'-(. -s,i:UL0S ~ 'S.:...Æ;;¿ - h, 2.itt;-;--, ~-bJ / "-.i..LLu. H~~~ o 5-0 5-·CJ 4. Appeintment of r-tembers to the Neighborhoods Task Force. co ¿4th f:v.) j\.Á.¡t..la..,.1.C'LL-\ C ~ I¡'U:VL-~&<:"(;.t""",r 7; S ,ç (Uwcnf!~vf!¿¿p lIatt¡ Alison MacGregor Harty City Clerk WORKSHOP AGENDA \ .:,.c._, \"',C'~ '~~,,-,.,-- \c, \->~~>'"'(~~_''''_) h:- lc61:. 2.'- ''-£ecv--.C ().."''?j' \lth\....)I'~ A. Presentation Kimley-Horn- Lowson Boulevard Analysis (Ci t,y ~~'\:: \...I~,t Manager). This itea is to be discussed at 8:00 p... af ., \' C'I H( C'<-';T\. B. Bill and Contract for Legislative Lobbying Services (City ~~~; Manager). - h' 'I \2. L\ (-~ e e t:;¡, nlO h:.- CCy \'D. C\.~<..--.Lo..., C. Water and Sewer Rate Study (City Manager). \c,cICtA c~ 13'\.'-..0', nj î--..h·.J~t LJJ~) D. Review of Remainder of the Advisory Boards/Committees. A. Board of Construction Appeals ~- lc ~\:. C___"-è,"" hC\...~-:'cC"_'--"--\ k·c k c-,:.,~ "-~ ~- \ CL- '8 u ~P' Q' 0.1..\...0'-..,--, L,~.""\.-· do.. ( - ' . "--'" C C-~'"'-"<::v- ",-",t.c-rs n C' t r, ¿ ( '-" l ,_.t--~, - . - Special/Workshop Agenda 7/17/90 Page 2 B. Beach Advisory Comm~ttee - :s '-- ...., Sc.. t. Sc ~,--t f--V"\cJ ~~.-.:t) C. Beautification Task Force - s'-Y""'oSC. t. (I t-~ c.^- ('"'--~ '" D. Human Relations Committee - ~c'...cA.. E. Kids and Cops ~__ s~p~.,t cc",,-u::.pt- o~, ~.cc>~,-u;'9 f-'-'-"'-( ""o.....--...o-X ~.~ .... ';';>0 h - ' . '--~ c '- (,.-,,~ bc-c,c ~ I vvhc__':.. \:-"~'-----\ 'V>...J~,,-,- r"",,-..3.:;_C.d... E. Update on Status of =~plementation of Insurance Task Force Recommendations (City Commiss.:.on) . /'u:...c..:( -r~ ;j"t /'-.L~C<C'f.-·é ~-~ Cß! larification of Rules :or Public Partic~pat~on (Comm~ssioner ty) . G. Scheduling of Budget Work Sessions (City Manager). Golf Course Concerns (Comm~ssioner Randolph). Solid Waste Authority (Mayor Lynch). À " ' ' /? {jHLc: ""lei "" , ~<Jý¡ {-¡LUlL ¡L¿l.,;¿;J , {'J.( . ¡ , ~ '3 /J-Zt-r1--(.á¡ ~, ¿¿r t LtX--';j'L " .) 5- IU:.Lt. I r ¿(.i.L{ hC<--L<"¿ Si¿ro.. -<-I . r~ 0&6:.. 7/30 ' I i L-j.) /j c dl/;;;i;¡ ~ c ~ I'IYl 6"cjÆ ).~ L-¡ . Ud tf! C(L'y' (1 (: uL t.Ù.,U! II ) . '-/ (cf l'íð }l. {¿ïti¡JÜ'f.J..;t f./ Cc teL- ;1 ,{_¿~--¡¿?¿/Lf c-/ A(''{'~ />?c/zrty /Y! it, ,ééz..¡ ¿:t /A:/J ---- 1.((.. J(C5~j .J..- Ie- Ai c';/ (' u.. ík ' c.' r1 nÝt!. tl1 C' ~., " , ~ t !)¿ ¿_ _ (..-_'J}' L~fl~~~ ~~~~ G~Þ7.-;:J.£;I"J,{--/5 ..- clA..- C. ~f)?L¿-é- ~I · ~ CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION SPECIAL/ WORKSHOP MEET:NG - JULY 17, 1990 - 6:00 P.M. COMMISSION CHAMBERS AGENDA 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 or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. Pursuant to Section 3.07 of the City Charter of the City of Delray Beach, Florida, Mayor Thomas E. Lynch has instructed me to advise you of a Special Meeting of the Commission to be held in the Commission Chambers at 6 P.M. on Tuesday, July 17, 1990. This meeting has been called for the purpose of considering the following: 1. Local Option Sales Tax (City Commission). 2. S.D. Spady Access Issue. 3. Appointment of Three Members to the Delray Beach Housing Authority. 4. Appointment of Members to the Neighborhoods Task Force. (Uwcn f!~v,t!up Patti Alison MacGregor Harty City Clerk WORKSHOP AGENDA A. Presentation Kimley-Horn- Lowson Boulevard Analysis (City Manager) . This itea is to be discussed at 8:00 p.m. B. Bill and Contract for Legislative Lobbying Services (City Manager) . C. Water and Sewer Rate Study (City Manager). D. Review of Remainder of the Advisory Boards/Committees. A. Board of Construction Appeals - - Special/Workshop Agenda 7/17/90 Page 2 B. Beach Advisory Committee C. Beautification Task Force D. Human Relations Committee E. Kids and Cops E. Update on Status of Implementation of Insurance Task Force Recommendations (City Commission). F. Clarification of Rules for Public Participation (Commissioner McCarty) . G. Scheduling of Budget Work Sessions (City Manager). H. Golf Course Concerns (Commissioner Randolph). r. Solid Waste Authority (Mayor Lynch). EXCERPT CITY OF DELRAY BEAœ, FlDRIDA - CITY CŒt1ISSION SPECIAL/WORKSHOP MEETING - JULY 17, 1990 WORKSHOP AGENDA B. Bill and Contract for Legislative Lobbying Services (City Manager). The City Manager stated it is his tmderstanding when the City entered into its current contract for Lobbyist services last August, a decision was made to put an $8,000 cap on out-of-pocket expenses, although that aroount was exceeded in prior years. Kathy Daley, City Lobbyist, stated she was not able to keep her expenses under that cap, due to saœ additional work she was requested to do. Ms. McCarty stated she feels the City needs to establish a procedure for overages with regard to expenses, if possible, rather than an after-the-fact. Perhaps it would be better if notification was given at the time the expenses are going over and at the time it happens; or when Ms. Daley sees that a situation such as this is about to happen, caning before the Cœmission before it actually occurs. Mayor Lynch caæJeIlted that he feels the Carrnission enhanced the duties of what was expected of the lobbyist and, therefore, changed the situation. If the Cœmission requires IlDre of the lobbyist than was anticipated for the year, they should make it a point to inquire if there will be an additional cost. Ms. McCarty agreed and also suggested that it be allocated so it is not an after- the-fact situation. Dr. Alperin stated he feels the Carmission should ask if there is an additional cos t. She should also notify the Carmission imnediately if the budget is to be ex- ceeded and there will be an additional charge. Ms. McCarty stated she was in agreanent and felt that, otherwise the Comnission could not be held responsible. Ms. McCarty corrmented that another situation is one she read in the paper, or learned through the media, because the Comnission does not see the actual bills that are su1:mitted - as set up by procedure and submitted to the City Manager for approval. In the expense bills, basically, just the Atœrican Express receipts are sul:rnitted and, if the Cœmission is to continue this contract, she feels there needs to be IlDre doc- unentation with regard to those receipts. For example: Ms. Daley should indicate where she went, who she entertained, when she went there and IlDre background as to the occasion in her reports. Kathy Daley, City Lobbyist, stated she does not always think that is a good idea. If the Camnission could have seen how many people got trounced over when going out to dinner with a Lobbyist, perhaps it could be better tmderstood why those people will not go again making it very difficult to get any work done. Whendifferent bodies like Legislative bodies and lobbyists and the press are all together, they just don I t go together. Ms. McCarty questioned if she could, then, be prepared to sit down and talk with the City Manager verbally, so he is canfortable with what is happening. Ms. Daley cœmen.ted that it would then be public record. Excerpt of the Specia1/Workshop Meeting held July 17, 1990 Page 2 Ms. McCarty stated she feels the Carmission needs sane type of check and balance, not necessarily directed at Ms. Daley, but rather the procedure. Mayor Lynch stated he feels there is no misinterpretation. '!he City trusts 11s. Daley and feels she has done a great deal for the cœmunity as a lobbyist. He feels, in order to justify when questions like this arise, that if one of the Cornnissioners wants to knCM sane infonnation, they should be able to call and discuss a situation tmtil they are canfortab1e with it. Dr. Alperin stated he, personally, would rather not get involved as Conmissioners. It is his feeling that they need to trust the City Manager and look to him for dir- ection and guidance. Mayor Lynch stated he feels it will be obvious that the lobbyist is doing a good job for the City by the am:nmt of money she brings back and the explanations. If there is a problem, the discussion will be for rrore serious reasons than a dinner bill. The Comnission concurred to have this item placed on the Consent Agenda. of the next Regular Meeting. . Palm Beach County Courthouse and Jail Expansions The new courthouse and jail ·Crime is a Countywide prob- · Inmate bookings in Palm expansions respond to one of the lem. About one-sixth of all Beach County increased 644% highest priorities of residents Countywide arrests were made in over the past 11 years. Countywide-safety . the unincorporated areas of the · The County's population has The total cost for the court- County by the Palm Beach County more than doubled since the 1970 house/jails projects was reduced Sheriff's Office in 1989. Of the expansion of the courthouse and more than $10 million to total 37,643 arrests made, 29,997 increased almost 50% since 1980. $233,620,000 through a favorable were made in municipalities. (See In that same period, the number of construction bid on the court- graph attached.) court cases filed increased 145%. house project. This figure in- · Serious crime increased 65% · By the year 2000, a predicted eludes: over the last 10 years in Palm 600,000 court cases will be filed. ·land acquisition, design and Beach County. Every eight min- As many as 5,000 people are pro- construction for the new court- utes a crime against property jected to use the facility each day house, occurs in Palm Beach County. by the year 2005. · public defender/state attorney The City of West Palm Beach has · Three separate blue ribbon building, one of the highest crime rates in citizens' committees, from 1985 to · 968-bed Gun Club Road Jail, the nation for medium-sized cities. 1989, reviewed the plans for the · stockade improvements, · Continued overcapacity at the courthouse and jails. All agreed · Belle Glade Jail improve- Main Jail could result in federal that a new building is needed. ments and fines of $1,000 per day. Over- Plans for the courthouse and jail · Sheriff's buildings. crowding forced the inmate popu- expansions reflect the recommen- Interest and bond retirement lation at the Main Jail to exceed dations of these committees. could bring total cost to the population limits in 1989. · Plans for the courthouse and $390,000,000. · In an effort to comply with the jail expansions are projected to Paying for the courthouse and inmate caps, the Sheriff proposed meet the County's needs through jail expansion with funds from a an early release of Class III offend- the year 2005. local option sales tax could save ers. Judges refused to accept the residents-Countywide-as much proposal, expressing concern as $190 million. about the safety of the commu- Some of the savings could be nity. . used for crime prevention pro- · Federal courts could have grams, proven effective in other ordered the County to build counties. facilities and pay for them with current year revenues had the County not moved forward with plans. · The shortage of County court- rooms bottlenecks the whole judicial system, causing the jails to be overcrowded with people waiting to go to trial. About 70% of the inmates in County Jail cells are awaiting trial. ~/t a 1989 County and Municipal Arrest Data (Location of Arrests Made) 10000 . West Palm ßeach/9,040 8000 IZI ..Other locations of arrests/6,273 en II Primarily. unincorporated areas of the County /6,102 - en 6000 QJ ~ ~ <et') ~ Lake Worth/4,021 ~~ O"'t 0 ~t-.. Boynton Beach/2,867 QJet') ,.Q .. . Delray Beach/2,622 SñS 4000 ;j- Z~ IS Belle Glade/l,875 EI Boca Raton/l,750 .. ø Riviera ßeach/893 2000 o jupiter/884 . Palm Beach Gardens/721 Greenacres City/628 0 "All other municipalities plus the School Board, Horida Atlantic University and the State Beverage Division, Department of Law Enforcement, Game & Fish Commission and Highway & Marine Patrol Arrests/6,273 t Local Option Sales Tax for Court and Jail I. Reasons for Jail A. Inmate bookings have increased over 600% the last ten years; bookings in FY 88-89 totaled 59,900. B. Jail averages 100 inmates over capacity; continued overcrowding would result in $1,000 per day federal fine, which Broward County is now paying. II. Reasons for Courthouse A. About 70% of inmates in jail are awaiting trial; the courts and jail operate as a system, expanding the jail without addressing the courthouse would not solve capacity problems. B. Present courthouse was built in 1915. The last remodel/expansion was "wraparound" in 1967 which was intended as a short-term interim solution.' The County's population is now double the size it was when the wraparound was built. C. Last year nearly 500,000 cases were filed. There are over 2,000 cases pending trial. Forty-two judges handle the caseload (the third highest caseload per judge in the state) and vie for the 19 courtrooms in the old courthouse and the 11 interim courtrooms in the old Burdines. D. Under Article V, the County is responsible for all space requirements for the State Attorney, State Public Defender, and the Judiciary, including circuit court. III. Approach to Facilities A. Four separate advisory committees, including business and industry representatives on Mini-Grace, reviewed consultant studies and provided recommendations. B. The County has opted for the low jail cell alternative relying on more cost effective intervention programs and alternatives to incarceration. c. The Direct Supervision jail will operate at about $41 per day per inmate with an estimated 58% recidivism rate compared to the $53 per day per inmate and 85% recidivism found at typical jails. D. The Drug Farm will house 400 and will cost $12 per day per inmate with a projected recidivism rate of only 20%. E. The courthouse was reviewed carefully by local representatives of the construction industry, and their input has led to the most cost effective construction. . . IV. Why Build Prior to Election on Financing A. Issue really is not whether we should or shouldn't address our serious cr ime problem. Regardless of election results, the County would be forced to meet the demands. 1- The federal courts would order the County to build another jail; the present jail was built under such a federal order. 2. The County probably would not build a courthouse, but instead lease another building to comply with the State mandate. While this would be less expensive in the near term, over 25 years leasing space for courtrooms would cost $165 million more than constructing and acquiring ownership. When we add the residual value of the building, leasing would cost $277 million more. 3. Each month the project is delayed costs $400 thousand due to additional leasing cost and projected higher construction cost. B. The decision to move forward is, in essence, a business decision within the scope of authority of the County Commission. The Board is elected to make these tough decisions, not duck them. V. Why Refinance with Sales Tax A. The refinance will save $190 million in interest costs. B. Although Palm Beach government is the 14th lowest of 67 counties, in millage, due to 37 municipalities and over 100 special taxing districts (one third of the total in the State), the total property taxes paid per person is the fourth highest. The sales tax is an opportunity to get away from over-reliance on property taxes. And, many residents exempted entirely by the homestead will be able to participate in paying for court and jails. C. Palm Beach County has over 3 million tourists a year. Through the local option sales tax, these tourists will contribute about 20% of the total revenues. VI. Why Solely a Court and Jail Issue in November A. The County has worked the past three months with the Municipal League in an effort to gain an interlocal agreement that allows the high public priorities to be equitably funded and share the major focus of the sales 2 .i1I tax. The Board of Directors of the League unanimously accepted a compromise that was later voted down by their general membership. B. The November election will have a large turnout, which this issue deserves. The election is only four months away and there is no time to restart negotiations. Directions '88 recommended a larger Decade of Excellence issue. With more time, this can be developed, including a complete listing of priority projects by all cities, for a possible election the next two years. The court and jails is already well defined, narrow crime focus issue. The debt service will be $9 million in FY 1991 and $15 million in FY 1992. VII. What is Palm Beach County's Performance Record with Handlinq Additional Revenues? A. The most accurate measure of budget performance is net operating budget per person (removing annual fluctuations of capital and factoring out population increases) and number of employees per thousand. Over the last five years, the Board 0 f County Commissioners has actually reduced their net operating cost by 4% and the number of employees per thousand is essentially unchanged. 3 I I AM ORDINANCI 01' THI BOARD 01' COUNTY !'" - _...,.. COMHISSIONERS 01' PALX BUCH COt1NTY, PLORIDA, - Dr1~'- I \ LEVYING A DISCRETIONARY SALES SURTAZ, SUBJECT ~ ~_~1.~C---TO APPROVAL 01' A MAJORITY 01' TBI ELECTORS 01' PALM BEACH COt1NTY IN A REPERENDUM PURSUANT TO SECTION 212.055(2), PLORIDA STATUTES, IN THE AMOt1NT 01' ONI-BALI' PERCEN'r POR A PERIOD 01' FIVB (5) YEARS; PROVIDING DEPINITIONS; ESTABLISHING A RBI'ERENDt1M DATB; PROVIDING FOR BALLOT LANGUAGB; AUTHORIZING LEGAL ADVERTISEMENTS; PROVIDING POR THB USE 01' THE PROCEEDS 01' SAID TAZ; PROVIDING FOR THE ALLOCATION 01' THE PROCEEDS OF SAID TAX; PROVIDING AM EPPECTIVB DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR TERRITORY EMBRACED. WHEREAS, Section 212.055(2), Florida Statutes, autho:-::25 -:::e governing body of Palm Beach County to levy by Ordinar.ce :. discretionary sales surtax of one-half percent or (1/2\) throug::~~-: Pal::! Beach County, Florida, subject to referendum approval, __ finance, plan, acquire, improve and construct infrastructuré; :.~i WHEREAS, there exists a great need on the part of _0 ~' Beach County and the municipalities within Palm Beach County to finance, plan, acquire, improve and construct new County Courthouse and Jail Facilities; and WHEREAS, the Palm Beach County Board of C~ur.':. Cc~~issioners wishes to impose such a sales surtax, the proceeds ~: which shall be used to finance, plan, acquire, improve a~i . construct new County Courthouse and Jail Facilities. NOW, THEREI'ORB, BB IT ORDAIHED by the Board 0 f Coun t"z' Commissioners of Palm Beach County, Florida, that: 1. DEI'INITION. "INFRASTRUCTURE" - For purposes of this Ordinance "Infrastructure" means any fixed capital expenditure or fixed capital costs associated with the construction, reconst~uction, or improvement of public facilities which have a life expectancy of five or more years and any land acquisitio~, land improvement, design, and engineering costs related thereto. 2. OHB-HALI' PDCDI'l' SALES SURTAX LEVIED. Subject to t:-.e approval of a majority of the qualified electors of Palm Beac:: County voting in the referendum provided for herein, there : 5 hereby levied a one-half percent Local Government Infrastr~c':.~~ª Surtax on sales pursuant to Section 212.055(2), Florida Stat~':.~- for a period of five (5) years. The sales surtax authcrizei I this Ordinance shall be effective from February 1, 1991, thro\..:q:"'. January 31, 1996, inclusive. 3 . REFERENDt1H. Pursuant to the applicable sectie~s ~: Florida Chapters 125 and 212, a referendum is hereby called a~i shall be held on November 6, 1990 at which time there shal: ~e submitted to the electors of Palm Beach County, florida, '::-.e :ollowing question: "OFPICIAL BALLOT SPECIAL REFERENDt1H ELECTION ON LOCAL GOVERNMENT ONE-HALF PERCENT SALES SURTAX NOVEMBER 6, 1990 SHALL PALM BEACH COUNTY ORDINANCE NO. 90- BE APPROVED, WHICH ORDINANCB AUTHORIZES A ONE- HALF PERCENT SALES SURTAX FOR FIVE ( 5) YEARS TO PINANCE, PLAN, ACQUIRE, IMPROVE, AND CONSTRUCT COt1NTY COURTHOUSE AND JAIL PACILITIES BY INTERLOCAL AGREEMENT. POR the one-half cent sales tax AGAINST the one-half cent sales tax 4. PUBLICATION OF REFERENDUM. The Clerk of the Beard shall publish notice of the referendum in the manner required by §100.342, Florida Statutes. 5. USB OF THB PROCEEDS OP TAX. If approved, :':-.8 proceeds of said tax shall be used by Palm Beach County pursuant to the provisions of Section 212.055, Florida Statutes, only -~ finance, plan, acquire, improve, and construct new cou~t'i Courthouse and Jail Facilities as provided for by Interlocal Agreement approved by the governing bodies of Palm Beach County and said municipalities located within Palm Beach County representing a majority ot Palm Beach County's municipal population. I. SBVEnBILITY. It any provision ot this Ordinance is held invalid, the invalidity shall not affect other provisions of the Ordinance which can be given e t fect without the invalid provision or application, and to this end, the provisions of this Ordinance are severable. 7. TERRITORY EMBRACED. This Ordinance shall ::e effective throughout both the unincorporated and incorporatei portions of palm Beach County. 2 Iq . . 8. EPPECTIVE D~TE OP ORDINANCE. A. This ordinance shall be effective only '.l¡Jcr ::-eceipt of official acknowledgement from the Department of State that said Ordinance has been duly filed and upon approval by t:-:e qoverning bodies of Palm Beach County and municipalities located ·"'lthin Palm Beach County representing a majority of Pal:1\ 3eac:-: Co~nty's ~unicipal population of an Interlocal Agreement prov~j~~; :~r the dlstribution of the proceeds of the surtax levied purs~a~t to this Ordinance. B. The levy of the sales surtax proposed by ~l"'~is Ordinance shall become effective February 1, 1991, only if approved by a "yes" vote by a majority of those voting on the question posed at.the November 6, 1990, referendum. If a majority of those vot:~g on the question posed do not vote "yes", the proposed levy sha:: not be authorized and this Ordinance shall be deemed repea:'e::i effective November 30, 199(). APPROVED AND ADOPTED by the Board of County Commissioners of Palm Beach County, Florida, on this day of , 1990. PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS BY Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney Acknowledqement by the Department of State of the State of Florida, on this, the day of , 1990. EFFECTIVE DATE: Acknowledqement from the Department of of 1990, ,,~ received on the day , -'- State .m. , and filed in the Office of the Clerk of the Board =: County commissioners of Palm Beach County, Florida. 3 --... 1\ . ..:. .... .~-' ".I"'~"""'" ." DRAFT ~o. ~ Date ""\ - ;¡ - 9 0 --. ~---. '- . INTERLOCAL AGREEMENT '". -. - THIS AGREEMENT made and entered into this day of , 1990, by and between Palm Beach County, a political subdivision of the state of Florida, hereinafter referred to as the "COUNTY", and the Cities, municipal corporations within Palm Beach County under the laws of the State of Florida, hereinafter referred to as the "CITIES", as follows: WIT N B SSE T H: WHEREAS, Section 212.055(2), Florida Statutes, authorizes the COUNTY to impos7' and the COUNTY proposes to impose, a discretionary sales surtax of one-half percent (1/2 %) referred to in the title of said Section as the "Local Government Infrastructure Surtax" ("Surtax"); and WHEREAS, the Surtax is subject to a referendum scheduled for November 6, 1990, in Palm Beach County, Florida; and WHEREAS, all parties desire to provide for the distribution of the Surtax; and WHEREAS, the proceeds of the Surtax may be distributed pursuant to an Interlocal Agreement entered into between the COUNTY and the CITIES representing a majority of the county's municipal population; and WHEREAS, all parties recognize that jail and court facilities are countywide in nature, and benefit all of the citizens of Palm Beach County; and : WHEREAS, this Interlocal Agreement is authorized by the provisions of section 163.01, Florida Statutes, which authorizes the cooperative exercise by agreement of two or more public agencies of any power common to them. WHEREAS, there is a general recognition that legitimate capital needs other than court and jail facilities 1 1·;1 · remain unfunded, and the Board of county Commissioners remains willing to consider levying a discretionary sales tax in the future to address these needs. NOW, THEREFORE, in consideration of the covenants herein contained and other good and valuable consideration the COl~TY and CITIES agree as follows: Section 1: LOCAL GOVERNMENT INFRASTRUCTURE SURTAX. If the voters of Palm Beach County approve the imposition of the Surtax in Palm Beach County as evidenced by the results of the countywide referendum on November 6, 1990: A. During the term of this Interlocal Agreement, the Surtax shall be collected by the Florida Department of Revenue and the net proceeds thereof shall be distributed monthly to the Board of County commissioners for expenditure in accordance with the terms of this Agreement; and B. The Surtax net proceeds shall be expended by the COUNTY to finance, plan, acquire, improve, and construct Jail and Court Facilities. ( 1) Any surplus of the Surtax proceeds not required to be expended for the purposes set forth herein shall be distributed to the County and cities according to the formula provided in Section 218.62, Florida Statutes. section 2: EXECUTION AND EFFECTIVE DATE. This Interlocal Agreement may be signed in counterparts by the parties hereto. This Interlocal Agreement shall take effect upon the last date of execution by a party to this Interlocal Agreement, but in no event later than September 4, 1990. This Agreement shall automatically terminate in the event the referendum on the Surtax to be held on November 6, 1990, fails. Section 3: SEVERABILITY. If any provision of this Interlocal Agreement is held invalid, the invalidity shall not affect other provisions of the Interlocal Agreement which can be given effect without the invalid provision or application, and to this end, the provisions of this Interlocal Agree~ent 2 r are severable. section 4: TERM or AGREEMENT. The term of this Interlocal Agreement shall run concurrently with the levy of the Surtax, said levy being authorized for five (5) years from February ;., 1991, until January 31, 1996, if said referendum passes. Section 5: AMENDMENTS TO AGREEMENT. This Interlocal Agreement may be amended, in writing, upon the express for~al consent of the governing bodies of all parties. IT WITNESS WHEREOF, the parties to this Interlocal Agreement have caused their names to be affixed hereto by the proper officers thereof, as of the day and year first above ·,¡ritten. ATTEST: PALM BEACH COUNTY, FLORIDA, 8Y AND THROUGH ITS BOARD OF COüNTY JOHN B. DUNKLE, CLERK COMMISSIONERS BY: BY: Deputy Clerk Chairman ATTEST: CITY OF ATLANTIS BY: BY: City Clerk Mayor ATTEST: CITY OF BELLE GLADE BY: BY: City Clerk Mayor ATTEST: CITY or BOCA RATON BY: BY: City Clerk Mayor ATTEST: CITY or BOYNTON BEACH BY: BY: City Clerk Mayor ATTEST: CITY OF BRINY BREEZES BY: BY: City Clerk Mayor 3 I - . . ATTEST: CITY OF CLOUD LAKE BY: BY: City Clerk Mayor ATTEST: CITY OF DELRAY BEACH BY: BY: City Clerk Mayor ATTEST: CITY OF GLEN RIDGE BY: BY: City Clerk Mayor ATTEST: CITY OF GOLF BY: BY: City Clerk Mayor ATTEST: CITY OF GOLFVIEW BY: BY: City Clerk Mayor ATTEST: CITY OF GREENACRES BY: BY: City Clerk Mayor ATTEST: CITY OF ATLANTIS BY: BY: City Clerk Mayor ATTEST: CITY OF GULF STREAK BY: BY: City Clerk Mayor ATTEST: CITY OF RAVERBILL BY: BY: City Clerk Mayor ATTEST: CITY OF HIGHLAND BEACH BY: BY: City Clerk Mayor ATTEST: CITY OF HYPOLUXO . BY: BY: City Clerk Mayor 4 , ?7~~~ 4~ -CD =ommunity Redevelopment ~ -a Agency ,/ ~QJL~ , \ f ( .\M '~l- lJ^'l Delray Beac_~_ ~~~ ._;-~~6, H~. .- 'X\~\\~\l('y '~ ~©~~~~[Q) I 1 Mayor Tom Lynch ¡ .JUL l ~ . city of Delray Beach - â ! 100 N.W. 1st Ave. CITY COMMISSION Delray Beach, FL 33444 Re: Acquisition of Land for Spady Elementary School Expansion Dear Mayor Lynch: This is to officially advise you and the City Commission that the CRA Board at its regular meeting held July 9, 1990 unanimously approved my proposal dated July 5, 1990 for the CRA to fund and acquire the necessary land for expansion of the Spady School site northward to Lake Ida Road, subject to certain conditions. You have previously received this proposal under separate cover. The primary question is does the School Board want to acquire this land or not? Their claim of lack of funds this year to purchase the property is not relevant to this decision because I have provided a funding vehicle for them to take advantage of and given them ten (10) years to pay for the acquisition. If they cannot even make a payment next fiscal year, I can structure the loan so that they would not have to make the first payment until Fiscal Year 1991-92. I hardly think that this is a burden on an organization with a billion dollar budget. As for the time element, I have read it would take a year or two to make the land available to the School Board. This is not true. Subject to available funding in 60-90 days, and using the "Quick Take" eminent domain condemnation procedure which gives us title almost immediately subject to us putting the acquisition funds into escrow with the Court, we could be in ownership and control of this property in four (4 ) months, the same amount of time the School Board said it would take their architect to revise his plans. Thus, the vacant land for the extension of N.W. 10th Avenue would be -' available immediately for the City to construct that extension. The extension of N.W. 8th Avenue would take longer because of the required relocation of families from that area and the demolition of the buildings. -1- 1 S.E. 4th Avenue, Suite 204, Delray Beach, Florida 33483 (407) 276-8640 _ n ....,.........-.. ... As I said in my memo, this project and this proposal is do-able if all parties agree to the concept. And right now it appears the ball is clearly in the School Board's court. I will be available at your July 17th meeting to answer any questions on this matter. Sincerely, ~;1~ Frank R. Spence Executive Director cc: Mary McCarty, Vice Mayor Jay Alperin, Commissioner William Andrews, Commissioner David Randolph, Commissioner David Harden, City Manager Jeff Kurtz, City Attorney Lula Butler, Director, Community Improvement -2- --;/r;' Memo ( '¿F ~ (' 1.-7 "'- Ftom .. DAVID J. KOVACS DIRECTOR OF PLANNING d Z an ONING To: TÆ»/d ~ Date: 7/ /(J 1 . ¡}(kk( VD -wv¡ ~ 1 frvI uøIc- ß- nteRd f t'L F ~ ... JJ¡ 17~ ~ f?~~ . ah ~ 0 ó)¡, ?f 2: ~~ouJ- r;:::j ~ ó!l ~ ~ n.. J1~ 7/J0~'ð . ao -{ JII1~ ~J 6k {1'I/deuu-/ {j p;td) ~. 7k ep9 (þnbÞ-< ~j fro' rFsJ! ¡ 1 k ;;, r-~ - )~ð'0J ~ f f tl~ -1 "'- J~ ~ vo~. QJ/.< ----- . . .. ., PLANNING AND ZONING BOARD STAFF REPORT TO: PLANNING AND ZONING BOARD .CITY OF DELRAY BEACH (0- . , '.t0~}kù~_ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: AGENDA ITEM V.A., MEETING OF JULY 16, 1990 DETERMINATION OF CONSISTENCY, SPADY ACCESS ITEM BEFORE THE BOARD: The action requested of the Board is that of making a determination of consistency with respect to an extension of NW 8th Avenue to Lake Ida Road; and, with an improvement program for providing enhanced access to Spady Elementary School. BACKGROUND: In March, 1990, a similar item was before the Board. At that time the matter dealt with an extension of NW 10th Avenue, acquisition of right-of-way, and construction of NW 10th from Lake Ida Road to a new entry to Spady. The total project cost was estimated at approximately $250,000. The project was deemed consistent with the Comprehensive Plan based upon policies addressing new access for Spady and a $500,000 commitment, through the Decade of Excellence Bond, for access enhancement. The staff report which accompanied that item is attached for background purposes. More recently, the Education Advisory Board and the City Commission have revisited the question of access as it relates to concepts of Spady having a "presence" on Lake Ida Road. This has resulted in the City Commission defining the following project: * Changes to the Spady site plan which involve moving the proposed Media Center and proposed Administrative Buildings to the northeast portion of the campus. The main parking lot would also be moved to that area. The bus drop-off would be moved to the southwest corner of the campus. In addition to the access along NW 10th Avenue, an extension of NW 8th Avenue would be provided. This extension would probably swing westerly of the church which would be affected by a direct connection to Lake Ida Road. It is anticipated that the City Commission will present this project to the School Board during the week of July 23rd and, at that time, seek a delay in the submission of the site plan into the State review process so that changes can be made. . . P&Z Staff Report Determination of Consistency, Spady Access Page 2 Since implementation of the project represents a Capital Improvement Project in excess of $100,000 and involves the function of the local street system, it is necessary and appropriate that it be brought before the Planning and Zoning Board, in its role as the Local Planning Agency, for review and comment and a finding as to consistency with the Comprehensive Plan. ANALYSIS: Traffic Circulation: The extension of NW 8th Avenue to Lake Ida when considered together with an extension of NW lOth Avenue should be deemed consistent with the Traffic Element of the Plan in that it provides additional accessibility for the area. It also diminishes the traffic impact along NW 10th Avenue as compared to 10th carrying all of the Spady and Pompey Park traffic by itself. Neither street is built to collector road standards; thus splitting the traffic flow between these two local streets is reasonable. - As new information, the most recent design considerat.ions for Lake Ida Road improvements (FY 91/91) are accommodating one point of connection at the intersection of NW 4th street, NW 5th Avenue, and Lake Ida Road (at the time of previous consideration, the two existing access point were both to be eliminated). Housinq Element: This neighborhood is classified as being in need of "revitalization and rehabilitation". While increasing accessibility within stable residential areas is usually discouraged, in this situation increased accessibility may lead toward some stabilization. Improvements to Spady School and continued investment will certainly aid in stabilization. Also, the routing of the 8th Avenue connection would necessitate the removal of substandard housing situations -- another actionvwould assist in neighborhood stabilization. Lvhlc~ Capital Improvements Element: The cost of the 10th Avenue connection is estimated in the $220,000 - $250,000 range. The cost of the 8th Avenue connection is in the $750,000 range. (Both estimates include acquisition of right-of-way and construction.) If both accessways are acquired there will remain additional land to be purchased for future expansion of the Spady campus. Available resources, pursuant to the Capital Improvement Element, are $500,000. While expenditure of funds for Spady access is consistent with the Capital Improvements Element, a limitation of $500,000 exists. The new project exceeds that amount. Thus, on the surface, the new project is inconsistent with the Plan. However, the Capital Improvement Element can be adjusted locally with respect to changes in the cost of a project, provided revenue also exists. Thus, if additional committed funding can be identified an adjustment can be made to the Plan and the project deemed consistent with it. , P&Z Staff Report Determination of Consistency, Spady Access Page 3 Possible Funding Program: Attached is correspondence from this office to the CRA regarding their participation in funding. Also attached is a program proposal developed by Frank Spence, Executive Director of the CRA. That proposal will be discussed prior to the P&Z Board meeting; thus, more information should be available at the time a consistency determination is before the Board. ALTERNATIVE ACTIONS: l. Find that the new project proposal (by the City Commission) is not consistent with the Capital Improvement Element in that there is no committed funding source for this capital improvement project which exceeds $100,000 in costs. 2. Find that the new project proposal is consistent with the Comprehensive Plan in that it will add to the stabilization of the neighborhood, will enhance accessibility without overloading local streets, and will be consistent with the Capital Improvement Element if a firm commitment is made, by others, with respect to funding for the acquisition of land and the Decade of Excellence funds are committed for construction purposes. RECOMMENDED ACTION: A staff recommendation is withheld, at this time, pending further information relative to the CRA financing proposal. Attachments: * most current location and vicinity exhibit * Financing proposal advocated by the CRA Executive Director * Request letter from Planning to the CRA * Previous staff report regarding Spady access REF/DJK#67/PZSPADY.TXT [ITY DF DELRAY BEA[H : '_' \} i ~ ':l i·-·:" \' ~ ~..' ~_' £: . : .\;.. .. :.&1 H ~ LÚH ~);'" :~:.¡·t·1.1 .107 74:1 IOOe¡ July 6, 1990 Frank Spence, Executive Director Community Redevelopment Agency 1 S.E. 4th Avenue, Suite 204 Delray Beach, FL 33483 Re: 8th Avenue Alignment for Access to Spady School Dear Frank: As you are aware, during consideration of the Spady access matter . at its worksession on July 3rd, the City Commission is favoring an immediate extension of N.W. 8th Avenue in-lieu of the N.W. 10th Avenue extension. The 8th Avenue solution is more costly and will exceed the level of funding which has heretofore been allocated to this matter. During the Commission discussion, mention was made that the site is within the Community Redevelopment Area with an indication that funding may be available from the CRA. The subject of a change in the route for access to Spady will be before the Planning and Zoning Board on July 16th for the purpose of review for consistency with the Comprehensive Plan. Thus, the matter of availability of funding is to be addressed. In order to assist the Board with its assessment of the availability of funding, would you please provide input as to what resources, if any, the CRA may devote to this matter. CiallY, ~0~~A \ \¿ts-~L Dàvld J. Kovacs, Director Department of Planning and Zoning DJK/cm c: David Harden, City Manager Lula Butler, Director of Community Improvement .- - THE EFrORl ALWAYS MATlERS ~ ·--~'P._._.. ..._.... - -- . --- -.-. ---- ---- ._..- - - - CRA MEMO TO: Chairman and Board Members FROH: Frank R. Spence, Executive Director~~ DATE: July 5, 1990 SUBJECT: Proposal to Acquire Land for . Spady Elementary School Expansion The City Commission has asked me to develop a proposal that would lead to the acquisition of approximately six acres of land immediately north of Spady Elementary School and south of Lake Ida , . Road that would resolve existing problems, expedite the area's redevelopment and satisfy the goals and future needs of the city Commission, the School Board and the CRA. A sketch of the site is attached. GOALS 1. The city Commission wants Spady School to be reoriented northward towards Lake Ida Road, with entrance roads to be constructed as an extension of N.W. 10th Ave. and N.W. 8th Ave. to Lake Ida Road. They want the school to be visible from Lake Ida Road and that all blight and slums be removed so as to present an attractive campus and entrance to the school. 2. The Palm Beach County School Board desires to purchase the additional land for future school expansion and to upgrade the campus. They are currently ready to go to bid with a $3.1 million improvement plan that includes a new administration building and media center. The School Board staff also agrees that two separate entrances are needed in order to keep school bus traffic and private vehicular traffic separated for safety reasons. 3. The CRA' s goal is to remove blight and slums within its District and to facilitate any effort to upgrade neighborhoods. AVAILABLE FUNDS The School Board does not have any funds to acquire this land this year. ... The City Commission has $500,000 available in the Decade of Excellence Bond Issue committed to improvements in this area. It is estimated it will cost approximately $250,000 to realign and reconstruct N.W. 10th Ave. from N.W. 3rd st. to Lake Ida Road. Host of the remainder would probably go towards constructing N.W. 8th Ave. . '¥o.. (1) '. \ . \ PROPOSAL 1. The eRA acquire all the necessary property between Lake Ida Road and Spady School. subject to the conditions listed below. The CRA would handle all aspects of the acquisition from getting appraisals to the exercise of its eminent domain powers if necessary. 2. The city Commission. Palm Beach County School Board and the CRA enter into an Inter-local Agreement which would clearly spell out each entities obligations in order to carry out this mutually desireable objective. . 3. The School Board commits to buy the property from the CRA within ten years, said cost to include all expenses of acquisition. 4. The CRA would borrow the necessary funds to acquire this property. Attached is a list of property owners. which shows the total assessed value to be $710.649. - 5. The School Board would pay to the CRA annually an amount to cover the debt service of the borrowing. It is hoped by all concerned that the School Board would be able to complete the purchase outright within the next few years and reduce its long term costs. 6. The City agrees to pay for the construction of N.W. 10th Ave and N.W. 8th Ave. to Lake Ida Road and to abandon N. W . 4th st. between N.W. 10th Ave and N.W. 8th Ave. and deed it to the School Board in order to consolidate this land into one parcel. 7 . The City would provide any back-up pledge related to the CRA's borrowing. if needed. DETAILS OF THE FUNDING PLAN I have been in contact with the Florida Local Government Finance Authority (FLGFA) which is an independent authority created by interlocal agreement pursuant to Chapter 163, Florida statues. They have issued $450 million in tax exempt bonds which carry a AAA Moody's Rating. These funds are now available to all governmental agencies as a Pooled Loan Program. * They offer fixed rate and variable rate loans. I recommend a variable rate loan. * Funds are available ($1 million minimum) for 7.01%, including all costs. The City just recently sold $18 million in General Obligation Bonds rated AAA at 7.01%, plus thousands of dollars of costs for underwriters, bond counsel. printing, financial advisors and other out of pocket costs. * A variable rate with an 8 1/2% cap is also available at 7.01%. . - .... . .... -'. .' .... ''''"'l. (2) .-MI/fII1r: ' , , A.' - -- ----- --.-. -. -- - -._-" ----- - ---.. it Annual payments can be customized to borrowers' needs. " There is no pre-payment penalty. This is most desirable if the repayment schedule is set-up for 10 years and the School Board is able to come up with a lump sum for outright purchase within the next year or two. it Quick receipt of proceeds. Loan approvals take 30 days with funding available within 30 days later. This financing could also possibly be structured as a lease- purchase arrangement with the School Board. Lease Purchase Financing by school boards was just approved by the Florida Supreme Court on April 26, 1990, in a combined case involving the School Boards of Sarasota, Collier and Orange Counties. All three cases involved the use of ad valorem sourced funds to make rent (lease) payments to purchase educational facilities and sites. CONCLUSION This proposal is do-able if all parties agree to the concept. Only the details need to be worked out. This proposal should be reviewed by the CRA and the City as soon as possible since the School Board will take up this matter at their meeting on July 23. 1990. , ~~ cc: Mayor & City Commission City Manager David Harden City Attorney Jeff Kurtz Board Attorney Bob Federspiel Lula Butler Bill Huckill (3) "', J \ . ,~-'--'" .._~_...- -....-. -~~---_.__._- ----.---- _ ___. h__,_ . -- .-.-.---- MEMORANDUM S T A F F R E P 0 R T TO: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ~,~. \<-G-<J~~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: AGENDA ITEM V.A. -- REGULAR MEETING OF MARCH 19, 1990 REALIGNMENT and/or EXTENSION OF N.W. 10TH AVENUE I ITEM BEFORE THE BOARD: - The action before the Board is that of making findings as to the consistency with the Comprehensive Plan and a proposal for the extension of N.W. 10th Avenue from N.W. 4th Street I (present terminus) to Lake Ida Road. I BACKGROUND: I , General: The School District is proceeding with expansion plans for the campus at S.D. Spady Elementary School. These plan~ are, I in part, a result of the consensus statement arrived between the City Commission and the School District last year. The expansion plans call for new administrative facilities related parking areas and the parent drop-off area on the west portion of the school site. The school bus drop-off area will remain on N.W. 8th Avenue. In order to provide for access to S.D. Spady from Lake Ida Road I it then becomes necessary to extend N.W. 10th Avenue northward. I At present, there is no right-of-way for such an extension. Since implementation of the extension involves elements of the Traffic Element and the Land Use Element, it is appropriate, and necessary, that the Board address consistency with the Comprehensive Plan. i , Comprehensive Plan: Relevant aspects of the Comprehensive Plan I include the following: ! \) ß ,,' If) ~ (~ { ---- ~~~s~~:;:t~~~o~i' the Reallgment and/or Extenslõ~ -- , of N.W. 10th Avenue with Respect to Access to Spady Elementary School Page 2 LAND USE ELEMENT: Policy D-2. 4 Pursuit of immediate physical improvements at Spady Elementary School by creating an entry from Lake Ida Road and reducing the encroachment and impact of adj acent land uses upon this school facility. Other improvements as set forth in the Sharing for Excellence Program shall be achieved by the City. Policy D-3.1 The City shall receive and consider requests from the School Board for the inclusion of road improvements into the City road program so that such improvements can be in place when a school opens. Policy D-3.2 The City and the School Board shall cooperate to place schools and provide appropriate infrastructure in such a manner as to achieve the objectives of this goal area. Policy D-3.3 The City shall pursue the acceleration of improvements to Lake Ida Road pursuant to the County Road Program so that they will be accomplished in FY 89/90 or in FY 90/91 at the latest. Policy D-3.5 The City shall make up the $500,000 available to implement the "Sharing for Excellence" program with said money being provided in FY 89/90. TRAFFIC ELEMENT: Please refer to Goal Area "c" (copy attached). Generally these policies call be reasonable improvements associated with the local street system. Page III-C-31 identifies tpe following need: .. extension of N.W. 8th Avenue directly to Lake Ida Road At present, the base maps (Traffic Element - pages III-C-2,3,& 4) show 8th Avenue. This representation is a "corridor". It shows that there is north/south traffic which must be appropriately accommodated. In preparing the Element, 8th Avenue was chosen for delineation, as opposed to 12th or 10th or 5th, for two reasons. These were: ... (1) it is central to the corridor (2) it coincided with the existing entry to Spady School. fI-~&Znstaf~Report_.__ n~__ __. · ._- ". ' Consideration of the ~ealigment and/or Extension--- ------~ '-----_.. , of N.W. lOth Avenue w1th Respect to Access to / Spady Elementary School Page 3 Other Factors: At present there are three other identified factors which affect the direction of the proposed extension. These are: ( 1 ) the design of Lake Ida Road (expansion) will eliminate at least one of the access points at 4th Street/5th Avenue. This will decrease accessibility to this "northwest" portion of the community. ( 2 ) there is a jog at N.W. 10th Avenue and N.W. 3rd street. with increased traffic at this intersection, realignment is necessary. ( 3 ) a straight alignment (northerly) of N.W. lOth Avenue would go through existing structures; thus increasing costs of acquisition. Similarly, a northerly extension - of N.W. 8th Avenue involves relocations. PROPOSAL FOR REALIGNMENT: The following proposal for realignment has been worked on by the staff of the District and the City. The Education Board has endorsed the proposed solution. The City Commission, at its meeting of March 14th, also endorsed the concept. A diagram of the proposal is attached. Connection to Lake Ida Road: Come off Lake Ida Road along the west property side of vacant property (east of the block building) . Curve (transition) to the present terminus of N.W. 19th Avenue. (Estimated construction @ $46,500). N.W. lOth realignment: In order to minimize jogs at 4th Street and at 3rd Street, add pavement to the east side of existing street pavement; relocate power poles; and, convert excess pavement on the west portion of the travelway to previous area. Jog at 3rd Street: Provide for square intersection and transition to the realigned lOth Avenue. (Estimated construction for these last two features @ $70,600) . Funding: The project cost of $117,100 plus acquisition and design would be borne by the City with the funding source being from~he Decade of Excellence Bond Issue. 10.1 ~~,i 1t ~ ~.i P&Z-.S_taff_ReporL--_ .____. ._ ___ ," ,: Consideration of the Realigment and/or Extension .. . of N. W. 10th Avenue with Respect to Access to Spady Elementary School Page 4 ANALYSIS AND PROPOSED FINDINGS: The proposed project presents a compromise alignment and improvements which appear to be cost effective and which provide for traffic safety. In addition, they facilitate travel in the area without mixing local and school traffic. The use of Decade of Excellence funding is appropriate for this purpose. (Note: Other uses of the set asided funding is being addressed by the Education Advisory Board.) An associated issue is that of orientating Spady Elementary School toward Lake Ida Road. While this concept was discussed and is addressed in the consensus statement, it is not a part of I n T.'WI . r .aIm 1M} n. " II ~Il 11_I..dde~__l.J-:7 lIL1&P1nð~.l~~Ue:~t;dÛCä1!'!\~M.Æ Advisory Board felt that the proposal does not preclude such an orientation, at a future date, when additional expansion and funding becomes more real. The City Commission formally took that position by adding it as a caveat to it's endorsement of the concept. In order to proceed with this activity, it is appropriate to address the following findings of consistency with the Comprehensive Plan. The proposal is consistent with Land Use Element Policy D-2.4 which calls for, in part, pursuit of immediate physical improvements at Spady Elementary School by creating an entry from Lake Ida Road. The proposal is consistent with Land Use Element Policy D-3.1 which calls for the City to receive and consider requests from the School Board for the inclusion of road improvements into the City road program so that such improvements can be in place when a school opens. The proposal is consistent with Land Use Element Policy D-3. 2 which calls for the City and the School Board to cooperate to place schools and provide appropriate infrastructure in such a manner as to achieve the objectives of this goal area. Funding from the Decade of Excellence Bond Issue is consistent with Land Use Element Policy D-3.5. The proposal is consistent with Goal Area "c" of the Traffic Element which generally calls for reasonable improvements associated with the local street system. While the Traffic Element cites a need for extension of N.W. 8th Avenue directly to Lake Ida Road, N.W. 8th Avenue represents a corridor. Given the proposal, it is appropriate to substitute N.W. 10th Avenue for N.W. 8th Avenue in context of the identified need. I'·f . e . p&Z-.S.taff-.Repor.t_ . consideration of the Realigment and/or Extension t!/~\f of N.W. 10th Avenue with Respect to Access to spady Elementary School Page 5 , ALTERNATIVE ACTIONS: 1. Continue with direction. 2. Make findings as suggested above. 3. Make other findings. RECOMMENDED ACTION: By motion, make a finding that the realignment and extension of .N.W. 10th Avenue, as described herein, is generally consistent with the city's Adopted Comprehensive Plan with specific reference to the proposed findings. Attachment: * Goal Area "e" of the Traffic Element * Schematic of the proposal DJK/#60/PZSPADY.TXT .',.', '" ·11·,,1 ... .~. .......... .! v'_ ". .....v.....<;.........-..:...../.. . ,. t-'O,. . . ..--..,- - .. ., '4 ~.¡.' " .J,. ,f '.~ .... . .- . '. '" . , -"'-.- -,.--.._~-...,. --. . .. *n _ ___ - -_. LAKE IDA ROAD I B RE VISED 0 ALlGNME T N.W. 4TH STREET(UNIMPROV BUS DROP-OFF . .. .. .- I · SPADY ; · · · ELEMENTARY · · · · COMPLEX · · · · · · · : · NEW 0 0 DROP-OFF · · 0 AREA EXISTING PARKING : · TO BE ELIMINATED · @. ... ... . NoW. 3RD STREET r·······_1 r········,:-· ... ..: I · . 0 LIFT 0 0 · . 0 0 · · . · STA~ · · · · · . · · · · . 0 0 · · · I · · · . · · · . 0 · · · · · . · · · : · . I · · . · · · · · · · POMPEY PARK · · ! : · I · · · i · · · 0 · . . · · : · · · I . ; · · · · . · · · UJ · I 0 · . ::J · · 0 · · · · . · z · 0 · · . UJ 0 · · · I · · > · · · · I 0 < · · · · · · · · : · :t: · · · : t- · 0 · · · · · · 0 · · · · · · · · ..... · · · · · · · ~ : · · 0 · · · . . · 0 · · 0 Z : · 0 · · . . · ,............ - .. .. .. ..- ...... -. -. ~ ....--'. . ' ~".oo:' .:-..... ................. .~... ..~_...............~"..'..~....:...... .. ......+-.í'I,'~ ;-.' 4 ......._«.,...J___.. ... , .. .. ...... . . "'-,' . .':"'.'- .,. ~ ---- -,-,------ ,.,.. . . PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: YID HARDEN, CITY MANAGER 'uj '~~~L- FROM: DA ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING DATE: JULY 6, 1990 SUBJECT: NEED FOR SPECIAL MEETING RE SPADY ACCESS ISSUE Situation: The desire of the City Commission with respect to the access and site redesign issue is clear on this matter (following its July 3rd worksession). That direction is what the Commission wishes to take to the School Board at its meeting of July 23rd(?) . The Planning and Zoning Board will have before it, on Monday, July 16th, the subject for the purpose of review, comment and findings as to consistency with the Comprehensive Plan. While the general concept and the switching of an 8th Avenue extension in-lieu of a 10th Avenue extension should receive a favorable finding, the matter of funding and consistency with the five-year schedule of capital improvements presents an inconsistency. The information which I have is that the cost of the 8th Avenue extension far exceeds committed resources; thus, it will be my recommendation to the Board that a finding of consistency cannot be made without a definite funding source identified. If my recommendation is endorsed, it may be incumbent upon the City Commission to again address the topic with a focus on assurance of funding for the 8th Avenue extension. This should be done prior to the Commission advocating their current desires before the School Board. Thus, I believe it appropriate that this topic be set for special meeting consideration when the Commission again meets on July 17th. DJK/cm c: Lula Butler, Director of Community Improvement Robert A. Barcinski, Assistant City Manager Yvonne Kincaide, Budget Officer Alison Hartley, City Clerk Cheryl Leverett, Agenda Coordinator j.q MEMORANDUM TO: David T. Harden, City Manager THRU: r~\~ Alison MacGregor Harty, City Clerk~ FROM: Anita Barba, Board Secretary/LiaisonCt/~~ SUBJECT: APPOINTMENTS TO THE DELRAY BEACH HOUSING AUTHORITY DATE: July 13, 1990 The terms of Eugene Strews, Jeanette Slavin and Davis Hornsby expire on July 14, 1990. These persons are all eligible for reappointment to the Housing Authority. The term is for four (4) years (through July 14, 1994) . At the City Commission meeting on July 10, 1990, informal recommendations for appointees to the Delray Beach Housing Authority were made as follows: Ms. McCarty (Seat #1) recommended that Nadine Hart be appointed to fill the expired term of Eugene Strews; Dr. Alperin (Seat #2) informally recommended that H. Ric Zazzi be appointed to fill the expired term of Jeanette Slavin; no recommendation was made by Mr. Andrews (Seat #3). The requirements for membership are that no commissioner of an Authority may be an officer or employee of the City for which the Authority is created; furthermore, one or more of the members must be a resident of the housing projects. Mr. Hornsby is the sitting member/resident on the Housing Authority. Therefore, since the informal recommendation to be forthcoming from Mr. Andrews is to fill the expired term of Mr. Hornsby, the name submitted must be that of an individual who resides at the housing project. This matter has been scheduled for formal action at the special meeting to be held on July 17, 1990. Har.txt 5fÎ3 · APPOINTMENT ASSIGNMENT LIST RE: NEIGHBORHOOD'S TASK FORCE Neighborhood Area:~ are shown on the attached map and are identified by letter. Mayor Lynch: * , Designation of a member of the Housing Element Task Team * , Designation of a member of the Planning and Zoning Board * v Designation of a member of the C.R.A. * v Area "A": South of SW 1st Street to SW lOth Street between 1-95 and Swinton! " ------ * Area "D": North of NE 1st Street to City Limits between Federal Highway and the Intracoastal Waterway * -·Area "N": County Club Acres, east of Military Trail * Area "P": appointment of JI,meC.arr. representing the Silver Terrace neighborhood and adjacent areas Vice-Mayor McCarty: * - Area "B": One block either side of Atlantic Avenue between 1-95 and Swinton * Area "E": Del Ida Historic District * Area "F": Federal Highway/Tropic Bay Boulevard/Lindell Area * .- Area Ita": East portion of the original Woods of Southridge and area to the south thereof Commissioner Bill Andrews: * Area "G": Pineapple Grove t * -.., Area "H": South of the CBD, north of SW 10th Street, between the F.E.C. railway and Federal Highway * '- Area "I": Area bounded by Swinton, NE 8th St., the FEC, and Gulfstream Boulevard - \) Commissioner David Randolph: * "Area "J": Carver Estates - / * ...¡ Area "C": Area north of rst Street to Lake Ida Road between 1-95 and Swinton Commissioner Jay Alperin: * ~- Area "K": Areas east and west of Wallace Drive (formerly Germantown Road) * / Area "L": Delray Shores - li·.' f * - Area "M": Delray Estates and adjacent areas (Linton and Congress, northwest) Attachment: 9/4 * Location Map ~ - --, 0«.. ·'Oce I eO'nlTo~; OE:"CH 1-- ..... - I -.J ~. 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WA A 0 : : ....-4 " · · · HIGHLAND BEACH BOCA o STABLE em STABILIZATION/REVITALIZATION ~~ R;~~.~:~OPMENT '1 D ST AS/LlZA TJON [] REVIT ALlZA TIO N/REHA BILIT A TION c..·. ~ '-'~ = SJ = CT = S~, Th C.. ~. 0 25 'i) ,75 1 e Ityof Defray Beacil .... r-r "'ll!ES I ] RESIDENTIAL NEIGHBORHOOD CATEGORIZATION "'T' 'T' ~ _ .. , . I Kim/ey-Horn I Kimrey-Horn and Associates, Inc. ENGINEERS. PLANNERS. SURVEYORS 4431 Embarcadero Drive West Palm Beach, Florida 33407 407 845-0665 Facsimile 407 863-8175 July 6, 1990 4214.20(07) Mr. David F. Harden ""'¿t .,. City Manager - 1:: ¡ V 'r, City of Delray Beach JUt 6 ~l) 100 NW 1st Avenue 1rlf) Delray Beach, Florida 33444 C/ Ty I::::J.:;,V M4N/¡G' Re: Lowson Boulevard Analysis I:R'S OFFIC[ Congress A venue to Military Trail Dear Mr. Harden: Kimley-Horn and Associates, Inc., has completed data collection for and analysis of the potential elimination of Lowson Boulevard as a through facility between Congress A venue and Military Trail, as requested by the City of Delray Beach. Presentation of the data collected and our recommendations follow. Figure I depicts peak season daily and PM peak hour volumes on Lowson Boulevard and Sherwood Boulevard. These volumes were developed by adjusting traffic counts made in June, 1990 to peak season conditions, using a factor obtained by comparing counts to available peak season counts in the vicinity of the project. Daily traffic volumes on Lowson Boulevard and turning movements at Military Trail/Lowson Boulevard and at Congress A venue/Lowson Boulevard were compared to the traffic generation potential of the residential land use which accesses Lowson Boulevard. This comparison suggested that only a small percentage of the existing traffic was utilizing Lowson Boulevard as a through facility. The posted speed limit on Lowson Boulevard is 30 mph between Congress A venue and Dover Road, and has recently (May 90) been reduced to 25 mph between Dover Road and Military Trail. Speed regulations and speed limits are intended to supplement motorists' judgement in determining speeds that are reasonable and proper for particular road wa y conditions. Lowson Boulevard currently functions as a collector. The main function of a collector street being to carry traffic from local residential streets to arterials or freeways. Maintaining Lowson Boulevard as a collector is supported by the following elements: . Lowson Boulevard is part of the County's thoroughfare network. This is demonstrated by the reservation of SO-foot right-of-way designated on the Thoroughfare Right-of - Way Protection Map in the 1989 Palm Beach County Comprehensive Plan. AnaheIm . Charlotte . Dallas . Fort Lauderdale . Fort Myers . Nashville . Orlando . Phoenix w~JA Raleigh . San Diego . Stuart . Tampa . Vera Beach . Virginia Beach . West Palm Beach BUilding c lie n t relationships sin c e 196 7 · Mr. David F. Harden -2- July 6, 1990 · The City of Delray Beach's Comprehensive Plan specifically designates that Lowson Boulevard shall retain its present function of carrying local traffic and shall not become an arterial, or become burdened with obstacles which hinder the present free flow of traffic. The function of the street is complimented by its design. The long straight, basically uninterrupted, design induces motorists to travel at speeds exceeding those typically found on a residential street. Its location adjacent to congested segments of the arterial network (Linton Boulevard in the vicinity of Congress A venue and 1-95, and Atlantic Boulevard between Military Trail and 1-95) increases its attractiveness to local residents and knowledgeable residents of the community. Speed classification data collected on Lowson Boulevard demonstrated that as much as 85 percent of the traffic at certain locations (at speed classification data points .10 miles west of Dover Road and .05 miles east of Sutton Place) are exceeding the speed limit. However, only approximately 10.7 percent of the drivers are exceeding 40 mph. The mean speed was 31.4 mph, and the 85 percentile speed was 38.8 mph. The speeds surveyed were representative of a facility of this type. Recognizing the speeds traveled, volume of traffic, that there is no significant accident history, and the function of the facility, we are recommending that no additional traffic control measures be implemented. It is important to emphasize that the presence of traffic control measures which are perceived by the public as unwarranted could have a wide range of negative results from creation of safety hazards to devaluation of the traffic control devices' value. The implementation of geometric features for traffic control could divert traffic to adjacent local roads and also raise concerns regarding increased liability exposure for the City of Delray Beach. On Lowson Boulevard, it appears that the degradation of operating conditions by geometric options would not result in a significant gain in safety as a result of lowered travel speeds. Physical options for attempting to regulate traffic diversion and speed control on local streets have been used by other communities. The following are some of the more common practices used in these other communities. Traffic Diverters Traffic diverters are traffic control devices that physically limit certain movements at intersections. Figure 2 depicts two concepts of diverters. The purpose in the implementation of diverters is to limit the continuous travel along residential streets and therefore discourage through traffic. Diverters should, however, be implemented on a network basis, as opposed to application to one street, to avoid undesired diversion of traffic. Mr. David F. Harden -3- July 6, 1990 A review of the roadway network m the vicinity of Lowson Boulevard identified the following potential locations as most logical for traffic diverters: · Lowson Boulevard at Forest Road - Partial diverter to prohibit eastbound traffic on the east leg. · Lowson Boulevard at Dover Road - Partial diverter to prohibit westbound traffic on the west leg. · Sherwood Boulevard at Forest Road - Full diverter located diagonally between the northeast and the southwest corners. Figure 3 depicts the potential layout. Please note the implementation of diverters requires full involvement of the residents. In addition, proper signing and pavement markings are necessary. This treatment is most appropriate for consideration on local residential streets instead of residential collectors. Pavement Features Spot speed reduction could be obtained, to some degree, utilizing pavement striping and rumble strips. These means, however, usually lose their effect over a period of time, when drivers become used to them. Speed bumps and humps are controversial speed control devices, as they very dramatically reduce speeds and discourage through traffic on one hand, but present extremely uncomfortable driving conditions and some safety hazards on the other hand. Consequently, speed hump implementation has to be treated with care and caution, and speed bumps should not be installed at all. The primary aspects associated with the consideration of speed hump installation, beyond the warrant evaluation based on existing conditions, (which we feel do not warrant utilizing such a device) are: · Substantiate the support of those individuals which will directly be affected by the installation of the speed humps. · Verification of the effect on emergency response and transit service by the installation of the devices. Studies have shown that the additional delay caused by speed humps on a 5,000- foot segment to an ambulance transporting a patient was 80 seconds. This could represent as much as 162 seconds of additional delay for the 2-mile length of Lawson Boulevard between Military Trail and Congress A venue depending upon the spacing and configuration of the humps. ,.., J Mr. David F. Harden -4- July 6, 1990 . Engineering review to determine if appropriate locations within Lowson Boulevard can be identified for safe installation. A preliminary review indicates the need for approximately seven (7) humps spaced approximately 1,550 feet apart. Humps should not be installed adjacent to intersections. Geometrically, they should be 12 feet wide in the direction of travel, 2 to 4 inches in height. Again, this option IS generally not considered appropriate for collector roadways. Additional Stoo Sie:ns Stop signs are occasionally used, or rather misused; as a speed control devices. A stop sign is one of the most valuable and effective control devices, when used properly to determine who has the right-of-way at an intersection. When stop signs are used, however, as a "speed beaker" or "nuisance" to discourage through traffic, there is a high incidence of intentional violation. In those locations where vehicles do stop, the speed reduction is effective only in the immediate vicinity of the stop sign and frequently speeds tend to be increased between intersections. It is, therefore, highly recommended to avoid using stop signs for speed control. The uniform traffic code adopted by the State of Florida requires that traffic control devices such as stop signs meet minimum requirements as outlined in the Manual on Uniform Control Devices for Streets and Highways. Stop signs at additional locations on Lowson Boulevard do not meet warrants. For this reason, we strongly advise that this option not be considered. Lowson Boulevard is included, as mentioned above, in the Palm Beach County Thoroughfare Right-of-Way Protection Map. Consequently, the implementation of any traffic control devices, that would diminish its function as a through collector would, requires County Commission approval. It is conceivable that Palm Beach County would condition any such action in the deletion of Lowson Boulevard from the Thoroughfare Plan. Mr. David F. Harden -5- July 6, 1990 In summary, we believe none of the physical options for regulating the activity of speed of travel on Lowson Boulevard is appropriate. Periodic increased speed enforcement may help lower predominant speeds from the upper 30's into the lower 30's which would be appropriate for this section. If you have any questions, please do not hesitate to call me or Kim Cromartie. Very truly yours, KIML Y-HORN AND ASSOCIATES, INC. JFB/KC:jsl J nF.Ben~ Enclosures Vice President Copies to: Kathleen Dearden, Land Development Robert Egan, Engineering 421420-DH-L070690-KC. wp . II) rn UJ M<D'" II) ~ CON'" ~ l:Þl: ~ ......N :J ~~~ ~i!:89 0( ...I Z 0 ~i!:6 0( > .... c z ~:~:: , ~ t ~ ·3hV SS31:f~NO::J uJ a: 0 œ~ a: ~ rn ::;) uJ c( o Þ -:a.. NM<D C) ..J UJ ...~.... u. ::;) rn .. .. 0 CD ~ Z c( Il') 0 UJ Il') II) a.. N ~ 0 o::t 0 01 ..J 01 T'" O"'M "'t. s c \I)~r) ~~~ ~99~ ..ç" & l: 9 & .,.. ~t~ 'Oh'9 OOOM3WOH 90~ ... a; -:a.. COCOM ..."'... ... 01 II) 0000 "'0 "tOe: ...- uJ ~C') ~ 8t ~~ ~ +~ :;) .. 6 .ç- Lt ..J 0 > t~ Ot ... ~ ~ 'Ol:f 1:f3hOO &~ .:11'- a: II) ~t uJ Þ~~ 8e:~ ::;) ::E "'... 0 ::;) co <DCO N..... X ..J 0 NN ~ 0 V '" > 0( to uJ >- ,.. C Q. ..J 0) Z ::E ;( "" UJ Q. C ,.. CJ 'Ol:f 1:f31SV::JNV1 UJ ...I ...V II)M Mex) ,.. C > ..J CD Z 0 'Ol:f J.S3I:fO:f II) ~ c 0 > ..J ..J CD C 0 0 c ~ > a: ..J uJ CD X II) z ·Ol:f NOllOS 0 .... V N z M 0 ..J ex) to ,.. ; 00<D... II)<D ...C7IM 1:.. ÞSt uJ 11)... .....co NMM .J ~~ "'t:.. 6~ +~ 1:..!H ~99L 0( ~,~ u ~SOU ~68U ..ç- 6!H II) ~;"-=o '1:fJ. AI:fVJ.I1IW Þ9 .,. U.,. Lti!: .". ~t~ ' .... s u' ... .... 06Þ -. 6&8 ... 0 99~ ~ MN ..... Z Nil) ..... Nil) .' . " . 1:.... -. . -..- ---- - - FULL DIVERTER ---."-- -.-----.-- .~ / PARTIAL D'ViTER ..- t::' :~ I ~~~ . ' t:.. . ',', >. .~ ~~ ..~., . . . . .ro; - ~ FIGURE % I CONCEPTUAL DESIGN OF TRAFFIC OIVERTERS ,,' ~ .~. . ( Kim/éy.Horn I ~ PROJECT SHEET NO . OF CALC. BY DATE CHECKED BY DATE REVISED BY DATE .....J ~ 'CONGRESS At/E. ~L -r-r HOMEW(}OO DLva I ~ ~ f)() J/ER RtJ. ~ ~ '~ FOREST '3 "" R P. ~ ~ ¡ :.J L ~ ={r ~ ~ ~ S:\ . FIGURE 3 ~~ ~~ f}/IIERTER5 L(}CATlON5 ~ MILITARY TRAIL . ... 7//7 &~ 7/t:¡ l'to mo [ITY DF DELAAY BEA£H 100 N.W. 1st AVENUE DElRAY BEACH. FLORIDA 33444 407/243- 7000 MEMORANDUM TO: David T. Harden, City Manager FROM: ~RObert A. Barcinski, Asst. City Manager Community Services :. SUBJECT: City Lobbyist Bill and Contract DATE: July 3, 1990 I have reviewed the June 15th bill received from McCartney Plante Daley and the justification for these expenses. The contract, executed last August, capped out of pocket expenses at $8,000. The payment of this bill would exceed the cap by $1,559.40. I recommend approval of the bill which will need Commission approval. I recommend that we, ( 1 ) request a contract amendment to raise the cap for the out of pocket expenses by $2,000. This should cover all costs through July 31, 1990; ( 2 ) Also recommend that we amend the existing contract to expire September 30, 1990, and start the fiscal year with a new contract to assist in budgeting. We will need to identify a funding source to pay the monthly bill for August and September. Fiscal year '90-'91 budget was only $51,000 and as of 6/26/90 the balance in this account was only $4,171.19. If the new contract began August 1st as in previous years, we still need to find a funding source to pay August and september monthly fees. Ms. Daley is preparing a new contract for Commission consideration. Recommend this item be works hopped with Commission on July 17, 1990. By copy of this letter I am requesting assistance in identifying funding from the Budget Director. RAB:kwg cc: John Elliott Yvonne Kincaide THE EFFORT ALWAYS MATTERS \;YS/ß 4..../ ~, . . !.~ .1 _ L' McCartney Plante Daley Associates M~mc>r-ëLr").ci"\..1m Tc> : City Commission Da.t.~: June 29, 1990 c/o Bob Barcinski F r-c>m : Kathleen Daley R~. : Contractual Expenses ~ As you know, my expenses for the 1989-1990 legislative year were capped at $8,000. Due to unexpected circumstances, several expenses were incurred to secure your legislative program. I am told I exceeded the total in the amount of $1,500. My contract states that any expenses incurred above the $8,000 limit requires commission approval. The following is a breakdown of these necessary expenses. I I (2) plane fares $356.00 $203.00 Meals expenses $294.98 Parking/Cab Fare $ 24.40 Rent & Lodging $858.00 Due to the scheduled appropriations meetings in March, I was in Tallahassee one month early to work on our budgetary requests. This includes one month's rent and expenses. Also, due to a new commission, I flew home in the middle of the session to update yoU on our program. As you can see, unexpected circumstances come up, and the cap on expenses - an anticipation of the year's events - was not accurate. If yoU have any questions, pleases feel free to call me. PUBLIC REU,T/Or;S . POUT/CAl. CONSUl.TlNG· GOVtRNMF!YT".L AI r;·\//{s One Park Place. 621 N.W. 53rd Street Suite 240-2) . Boca Raton. Florida 33487 Boca Raton (305) 997-8768· we;. Palm BelIch (305) 737·2044 - .. :.. 1.\ ~ . .. ., \, ..I.- ~ . McCartney Plante Daley Associates AGREEMENT FOR LOBBYING SERVICES As Governmental Affairs Consultant/Lobbyist for the City of Delray Beach, I, Kathleen Daley, an equal partner of McCartney Plante Daley Associates, a public relations/political consulting/governmental affairs firm, will continue to represent the interests of the City before the Governor and Cabinet, State agencies and the Florida Legislature, which representation would include attendance at all necessary House and Senate committee meetings during each calendar year, necessary delegation meetings, as well as the regular session and any relevant special sessions of the Florida Legislature, and continue to monitor all legislation affecting municipalities on behalf of the City of Delray Beach. As Governmental Affairs Consultant/Lobbyist for the City of Delray Beach, and managing partner of the account for McCartney Plante Daley ~ Associates, I will personally attend to and supervise all matters pertaining to the account, working in conjunction with the Delray Beach City Council, the Del ray Beach City Manager, and such other staffperso~s within the City Administration as they are related to my duties on behalf of the City. I will make myself available to the above-mentioned persons and offices on both regular and "as needed" bases for meetings and discussions related to my duties on behalf of the City. I will not appear before the Delray Beach City Council on behalf of any other clients of McCartney Plante Daley Associates, thus eliminating any possibility of conflict of interests with respect to my duties as Governmental Affairs Consultant/Lobbyist for the City of Delray Beach. It is submitted that my services would be initially contracted for a period of one (1) year, to be reviewed for renewal by the Council at the end of said period. I will submit a 1990 Legislative package to the City Commission and City Manager for the upcoming 1990 legislative session. Quarterly reports will be submitted to the City Commission, City Manager and the appropriate City Staff. The above will also receive weekly reports during the 1990 legislative session and reports after any and all special sessions of the Florida Legislature. Legislative Projects for the City of Delray Beach I. I will Monitor all legislation pertaining to municipalities, in particu- lar, the City of Delray Beach (Code Enforcement, Housing, Growth Manag- ment, Transportation, etc.). II. Beach Renourishment - I will work with the Army Corp of Engineers, Federal Government, State Department of National Resources, City staff' and the Florida Legislature in the effort to secure funding for the on going beach renourishment project. III. Delray Mass Transit Center - I will assist the City of Del ray Beach in developing a mass transit center at the Del ray Beach train station which will connect with the Tri-County Rail. I will work towards establishing I'(JHUC PF!~T/Oi"S' POUT/CAL CONSULTING' GOVERr;,.,EIYrAL AFFAIRS One Park Place. 621 N.W. 53rd Street Suite 240-23 . Boca Rðton. F10nda 33487 Boca Raton (305) 997-8768· West Palm Beach (305) 137·2044 4' . a high speed rail stop at the center, and work with the Department of Transportation and the Florida legislature to make this transit center a reality. IV. Old School Square - I will work to secure State funding for the ongoing cultural center. V. Jury Pool - I will work inconjunction with the Delray Beach City Attorney, Herb Thiele, and Palm Beach County Judges to establish a jury pool in the downtown Delray Beacb courthouse. McCartney Plante Daley Associates is willing to undertake the foregoing representation on the following basis: 1. McCartney Plante Daley Associates will be paid a retainer in the total amount of $48,000.00 for the contracted period: ~ (a) $4,000 each month payable on Aug. 1, Sept. 1, Oct. 1, Nov. 1, Dec. 1, Jan. 1, Feb. 1, and March 1. (b) $16,000 for the remainder of said contract (April, May, June and July), payable April 1. 2. In addition, McCartney Plante Daley Associates'· will be reimbursed for all vouchered out-of-pocket expenses incurred by me when such expenses are in conjunction with City business. Total out of pocket expenses for this calendar year shall not exceed $8,000. Any additional expenses above this amount would be subject to approval by the City Manager and City Commission. Such expenses include, but may not be limited to: lodging, transportation, meals, long distance telephone, photocopying, postage, etc. It should be noted that some such expenses may be pro-rated on an "as used" basis and partially absorbed by other clients of McCartney Plante Daley Associates who may require services concurrently with the City of Delray Beach and incur some expenses, such as lodging and transporation, concurrently with the City. 3. Expenses for recommended promotional items and events relating to my duties on behalf of the City, such as printed collateral materials and specific entertainment and/or educational events, will be subject to approval by the City Manager and payable by the City as additional expenses. 4. Any additional "special project" work which may be requested at any time by the City Councilor the Office of the City Manager, and which falls outside of my realm of duty as Governmental Affairs Consultant/lobbyist for the City, will be contracted for separately and on special project bases. 5. Either the City of Delray Beach or McCartney Plante Daley Associates may terminate this agreement at any time, pursuant to the following: (i) If terminated by the City of Delray Beach at any time during the contracted period, for other than good cause, McCartney Plante Daley Associates will retain the total amount of $48,000.00, plus McCartney Plante Daley Associates will be reimbursed by the City for any vouchered out-of-pocket expenses incurred up to the date of termination. (ii) If terminated by the City of Delray Beach at any time during the contracted period, for good cause, McCartney Plante Daley Associates will retain a pro-rated to-date portion of the total amount of $48,000.00, plus an amount equalling the total of any out-of-pocket expenses incurred up to the date of termination, and will refund the remaining portion of the total to the ~ - City. Good cause shall include but not be limited to the arrest of any of the principals of McCartney Plante Daley Associates which may subject the City of Delray Beach or McCartney Plante Daley Associates to negative publicity or which would hamper the effectiveness of McCartney Plante Daley Associates in fulfilling their obligations under this agreement. (iii) If terminated by McCartney Plante Daley Associates at any time during the contracted period, McCartney Plante Daley Associates will retain a pro-rated to-date portion of the total amount of $48,000.00, plus an amount equalling the total of any out-of-pocket expenses incurred up to the date of termination, and will refund the remaining portion of the total to the City. WITNE$SES: MCCARTNEY PLANTE DALEY ASSOCIATES ::. ATTEST: CITY;;¡.EL~Y. BEACH, FLORIDA _ , I ~. ~ I By: ...,/./.J~ -~ Clt~ Mayor .,::r App' i - .. I ~\ ( . ' . .¡ ''',' , :::,'_r~\T BI': ]¿,,:Vson\.Illle, Flor-¡da, ; '7-13-'::<0 ,3: 16Ft'1 ; '='04 3~,4 '70.2;::;.,< 4C7 2~3 3774;~ 2 IErnet Ie Young Certlfleo Public Accountants '800 !ndependen\ Square Jacksonville. Florioa 32202 Telephone (904) 358-2000 July 13, 1990 Honorable Mayor and City Commissioners City of Delray Beach, Horida 100 Northwest 1st Avenue Delray Beach, Horida 33444 Honorable Mayor and Gty Commissioners: Ernst &; Young is pleased to submit the attached executive summary highlighting the results of our water and sewer rate study for the City of Dclray Beach. As discussed in the executive summary~ the proposed water and sewer rates are predicated primarily upon the current rate structure and would result in an increase of $4.87 in the monthly bill of an inside aty residential water and sewer customer using 10,000 gallons of water (Page 6 of the snmmAry). A comparison of the proposed rates with rates of surrounding communities will be presented during our presentation July 17 and included in our final report. In addition to the proposed rates, we recommend the establishment of a conservation surcharge for customers with abusive levels of water consumption. We intend to present alternative methods of developing such a charge during our presen~tion on July 17 for your consideration and will incorporate a final recommendation in our report which will include other water and sewer fees. We appreciate this opponunity to assist the City of Delray Beach during this interesting study and look forward to discussing our findings and recommendations with you. t V cry truly yours, ¡ ~ýH I I , EXECUTIVE SUMMARY This executive summary provides a brief overview of the methodology and the critical assumptions used in the water and sewer rate study. Proposed rates are summarized and the financial impact of these rates are presented for three typical residential customers. METHODOLOGY Rate calculations are based on the budgeted costs of providing water and sewer services. This methodology, defined as the cash-needs basis, is well established and widely used. Revenues generated from the rates should cover budgeted costs for system operations, maintenance, and capital costs. Existing rates are shown below to be inadequate to meet projected revenue requirements. City of Delray Beach) Florida Projected Water and Sewer Revenue Deficit (a) 1 (fì 0 L. (Ó - - -1 0 0 4- 0 -2 C 1, 352, 701) (fì C 0 -3 '- - I - ,- ::2 -4 C 1, 681, 960) -5 1991 1992 _Water D Sewer (a) At current rates. , The current volume charge for sewer services is composed of two components, the commodity charge and the South Central Regional Wastewater Treatment Disposal Board (SCRWTDB) charge. The City will continue to calculate the SCRWTDB charge. Thus, the calculation of this charge has been excluded from this study. The next section discusses key assumptions used in calculating the proposed rates. ASSUMPTIONS The key assumptions used in calculating the proposed rates are outlined below: · Assumed growth rates utilized in the study taken from the Series 1988 Bond Issue and verified by City and/or Utility personnel; · 1991 water and sewer accounts based on accounts as of 7/6/90 escalated by the growth in number of dwelling units (2.5%); · 1991 water and sewer dwelling units based on dwelling units as of 7/6/90 escalated by the growth in number of dwelling units (2.5%); · 1990 billed water gallons estimated based on 1989 billed gallonage information; · 1991 billed water gallons based on estimated 1990 billed water gallons escalated by the growth in plant flows (2.2%); · 1990 billed sewer gallons estimated based on actual 1989 revenues and the current charges during that period, escalated by the growth in plant flow for 1990 (2.1 %); 2 , ~I .··,1 . · 1991 billed sewer gallons based on estimated 1990 amount escalated by the growth in treatment plant flow (2.0%); · Additional debt in the amount of $8,000,000 to be issued on November 1, 1990. Debt service for this issue was provided by City's financial advisor; · Additional debt in the amount of $14,500,000 to be issued on October 1, 1991, Debt service payments are estimated using a level payment schedule, 7% interest rate, and a 20 year term; · Bond coverage of 1.10%, as stipulated in the City's Bond Resolution, has been included in the revenue requirements of the system; · Proposed rate structure is identical to current rate structure except for the addition of a sewer customer charge component; · Proposed rates are to be implemented October 1, 1990. · Sewer gallonage charge is applied to 100% of the water gallons sold to non- residential customers; · Residential customers are charged for sewer services at a maximum of 12,000 gallons of water use; · Town of Gulfstream to be charged the proposed inside city water rates plus 10%; · Town of Highland Beach volume charge calculated based on current budget and usage data. 3 , - ",.d - PROPOSED WATER RATES (Fiscal Year 1991) Inside City Outside City Residential Customer Charge $1.96 $2.45 (Per account) Capacity Charge 8.63 10.79 (Per residential dwelling unit) Commodity Charge .5932 .7414 (Per 1,000 Gallons) Non-Residential Customer Charge 1.96 2.45 (Per account) Capacity Charges: (Per water meter based on size) 3/4" 8.63 10.79 1" 21.58 26.98 1 1/2" 43.17 53.96 2" 69.06 86.33 3" 138.13 172.66 4" 215.83 269.79 6" 431.66 539.57 Commodity Charge .5932 .7414 (Per 1,000 gallons) 4 .n. · PROPOSED SEWER RATES (Fiscal Year 1991) Inside City Outside City Residential Customer Charge $2.06 $2.58 (Per account) Capacity Charge 8.93 11.17 (Per residential dwelling unit) Commodity Charge .5020 .6275 (Per 1,000 gallons metered water use, up to a maximum of 12,000 gallons) SCRWfDB Charge (a) .9170 1.1463 (Per 1,000 gallons metered water use) Non-Residential Customer Charge 2.06 2.58 (Per account) Capacity Charges: (Per meter based on size) 3/4" 8.93 11.17 I" 22.33 27.92 1 1/2" 44.67 55.83 2" 71.47 89.34 3" 142.94 178.67 4" 223 .34 279.17 6" 446.68 558.35 Commodity Charge .5020 .6275 (Per 1,000 gallons metered water use) SCRWfDB Charge (a) .9170 1.1463 (Per 1,000 gallons metered water use) (a) This is the current rate, subject to change based on SCRWIDB operating Budget for 1990-91. 5 .. .-·1 .. IMPACT OF PROPOSED RATES (Fiscal Year 1990) The schedule below shows a residential customer's water and sewer bill calculated using the current and the proposed rates given monthly water usage of 5,000, 10,000 and 15,000 gallons. The percent change between bills calculated using the current and the proposed rates is also shown. Percent Current Proposed Change 5,000 Gallons Water Bill $12.52 $13.56 8.31 % Sewer Bill 14.34 18.09 26.15 % --------- --------- Total Bill 26.86 31.65 17.83% 10,000 gallons Water Bill $15.17 $16.52 8.90% Sewer Bill 21.67 25.19 16.24% --------- ----....---- Total Bill 36.84 41.71 13.22% 15,000 gallons Water Bill $17.82 $19.49 9.37% Sewer Bill 21.67 28.03 29.35% --------- --------- Total Bill 39.49 47.52 20.33% 6