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11-01-16 AgendaCity of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-1076,Version:1 RECOGNIZING VICE MAYOR ALSON JACQUET FOR HIS YEARS OF SERVICE AND PRESENTING HIM WITH A FAREWELL PLAQUE City of Delray Beach Printed on 10/26/2016Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-1071,Version:1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: November 1, 2016 APPROVAL OF MINUTES Recommended Action: Motion to Approve the various sets of minutes as listed below: September 20, 2016 Special Meeting (Closed Attorney/Client Session Match Point, Inc.) September 20, 2016 Special Meeting (Closed Attorney/Client Session Edwards CDS, LLC.) September 29, 2016 Special Meeting October 13, 2016 Workshop Meeting October 18, 2016 Special Meeting City of Delray Beach Printed on 10/26/2016Page 1 of 1 powered by Legistar™ SPECIAL MEETING SEPTEMBER 20, 2016 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 4:30 p.m., on Tuesday, September 20, 2016. Roll call showed: Present -Commissioner Shelly Petrolia Commissioner Mitchell Katz Deputy Vice Mayor Jordana Jarjura Mayor Cary Glickstein Absent -Vice Mayor Alson Jacquet Also present were -Donald B. Cooper, City Manager Janice Rustin, Interim City Attorney Kimberly Wynn, Deputy City Clerk Mayor Glickstein called the Special meeting to order and announced that it had been called for the purpose of considering the following Item. SPECIAL MEETING AGENDA 1.CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: City of Delray Beach, Florida v. Match Point, Inc., Case No. 502016CA002812XXXXMBAA Attendees:Mayor Cary D. Glickstein Vice Mayor Alson Jacquet Deputy Vice-Mayor Jordana Jarjura Commissioner Shelly Petrolia Commissioner Mitchell Katz City Manager Donald B. Cooper Interim City Attorney Janice Rustin Matthew H. Mandel, Special Counsel Jamie Alan Cole, Special Counsel A certified court reporter Purpose:Discuss settlement negotiations and strategy related to the above case. Mayor Glickstein gave a brief overview regarding the Closed Attorney/Client Session. He explained that the meeting would include the list of attendees as outlined above. The session would last approximately (30) minutes. All Attendees met in the First Floor Conference Room for the Closed Door Attorney/Client Session. Mayor Glickstein reconvened the Special Meeting at 5:05 p.m. and stated the Closed Session is terminated. Mayor Glickstein adjourned the Special Meeting at 5:05 p.m. 2 September 20, 2016 ________________________________ 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 Special Meeting of the City Commission held on Tuesday, September 20, 2016, 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 amendments, additions or deletions to the Minutes as set forth above. SPECIAL MEETING SEPTEMBER 20, 2016 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 5:03 p.m., on Tuesday, September 20, 2016. Roll call showed: Present -Commissioner Shelly Petrolia Commissioner Mitchell Katz Deputy Vice Mayor Jordana Jarjura Mayor Cary Glickstein Absent -Vice Mayor Alson Jacquet Also present were -Donald B. Cooper, City Manager Janice Rustin, Interim City Attorney Kimberly Wynn, Deputy City Clerk Chevelle D. Nubin, City Clerk Mayor Glickstein called the Special meeting to order and announced that it had been called for the purpose of considering the following Item. SPECIAL MEETING AGENDA 1.CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: Edwards CDS, LLC v. City of Delray Beach, Florida, Case No. 502015CA007155XXXXMB. Attendees:Mayor Cary D. Glickstein Vice Mayor Alson Jacquet Deputy Vice-Mayor Jordana Jarjura Commissioner Shelly Petrolia Commissioner Mitchell Katz City Manager Donald B. Cooper Interim City Attorney Janice Rustin Matthew H. Mandel, Special Counsel Jamie Alan Cole, Special Counsel A certified court reporter Purpose:Discuss settlement negotiations and strategy related to the above case. Mayor Glickstein gave a brief overview regarding the Closed Attorney/Client Session. He explained that the meeting would include the list of attendees as outlined above. The session would last approximately forty five (45) minutes. All Attendees met in the First Floor Conference Room for the Closed Door Attorney/Client Session. Mayor Glickstein reconvened the Special Meeting at 6:08 p.m. and stated the Closed Session is terminated. Mayor Glickstein adjourned the Special Meeting at 6:08 p.m. 2 September 20, 2016 ________________________________ 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 Special Meeting of the City Commission held on Tuesday, September 20, 2016, 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 amendments, additions or deletions to the Minutes as set forth above. SPECIAL MEETING SEPTEMBER 29, 2016 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 9:00 a.m., on Thursday, September 29, 2016. Roll call showed: Present -Vice Mayor Alson Jacquet (Arrived at 9:07 a.m.) Deputy Vice Mayor Jordana Jarjura Commissioner Shelly Petrolia Commissioner Mitchell Katz (Arrived at 9:05 a.m.) Mayor Cary Glickstein Absent -None Also present were -Donald B. Cooper, City Manager Janice Rustin, Interim City Attorney Chevelle D. Nubin, City Clerk Mayor Glickstein called the Special meeting to order and announced that it had been called for the purpose of considering the following Item. SPECIAL MEETING AGENDA 1.VOTE ON WHETHER TO REJECT ALL BIDS IN ORDER TO ENTER INTO PROFESSIONAL SERVICES CONTRACT FOR ATTORNEY SERVICES USING CITY’S DIRECT ACQUISITION METHOD (INSTEAD OF THE COMPETITIVE SOLICITATION METHOD): Mrs. Janice Rustin, Interim City Attorney, gave comments regarding an ethics opinion. Discussion ensued about the City Commission’s direction at a prior meeting. Ms. Theresa Webb, Chief Purchasing Officer, discussed references and how the information is generally provided. It was the consensus of the Commission to decline to entertain a vote to reject all bids. Instead, they proceeded with the competitive solicitation method. 2. Commission recommendation of short list of candidates. Motion to waive the Sunshine law exemption for proposer presentations (Fla. Stat. s. 243.2113(2). Deputy Vice Jarjura moved to waive the Sunshine Laws regarding this RFP, seconded by Commissioner Petrolia. Upon roll call the Commission voted as follows: Commissioner Petrolia – Yes; Vice Mayor Jacquet – Yes; Commissioner Katz – Yes; Deputy Vice Mayor Jarjura – Yes; Mayor Glickstein – Yes. Said motion passed with a 5 to 0 vote. 2 September 29, 2016 Motion to waive the public records exemption for the proposals (Fla. Stat. s. 119.071(b). Deputy Vice Jarjura moved to waive the public records exemption for the proposals regarding this RFP, seconded by Commissioner Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Jacquet – Yes; Commissioner Katz – Yes; Deputy Vice Mayor Jarjura – Yes; Mayor Glickstein – Yes; Commissioner Petrolia – Yes. Said motion passed with a 5 to 0 vote. Ms. Webb discussed the process for shortlisting the candidates. Discussion ensued regarding shortlisting the candidates. Mrs. Rustin discussed whether the City can negotiate an interim contract. It was the consensus of the Commission to shortlist the following candidates: 1) Nason Yaeger 2) GrayRobinson 3) Lohman Law Group 4) Greenspoon Marder City Commission agreed the interviews would be conducted in 30-minute intervals, with 15-minutes for questions for each candidate. The public interview meeting (Special Meeting) would begin at 3:00 p.m. on October 18, 2016. Ms. Rustin reiterated that the City Commission can only talk to references – no one else. She asked that the City Commission consulted with her and/or Ms. Webb regarding references so that they could vet them. Mayor Glickstein adjourned the Special Meeting at 9:49 a.m. ________________________________ City Clerk ATTEST: MAYOR 3 September 29, 2016 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Thursday, September 29, 2016, which Minutes were formally approved and adopted by the City Commission on November 1, 2016. ________________________________ City Clerk NOTE TO READER:If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. Thursday, October 13, 2016 6:00 PM City of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com Delray Beach City Hall City Commission Mayor Cary Glickstein Vice Mayor Al Jacquet Deputy Vice Mayor Jordana Jarjura Commissioner Mitchell Katz Commissioner Shelly Petrolia Minutes - Draft Workshop Meeting at 6:00 PM October 13, 2016City Commission Minutes - Draft Roll Call A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., on Tuesday, October 13, 2016. Roll call showed: Present - Commissioner Shelly Petrolia Deputy Vice Mayor Jordana Jarjura Mayor Cary Glickstein Absent - Vice Mayor Alson Jacquet Commissioner Mitch Katz Also Present: Donald B. Cooper, City Manager, Janice Rustin, Interim City Attorney, and Chevelle D. Nubin, City Clerk. Mayor Glickstein called the Workshop meeting to order and announced that it had been called for the purpose of considering the following Items. WS.1.16-1027 HURRICANE MATTHEW DISCUSSION Donald B. Cooper, City Manager, provided an overview regarding Hurricane Matthew. He stated staff performed very well. He discussed the imposition of a curfew and stated the city will ask for reimbursement of approximately $1.7 million and provided the reasons for the request for reimbursement. Police Chief Jeffrey Goldman spoke regarding the storm and the Police Department shifts. He thanked the City Commission for their support of the curfew and stated it allowed them to help get people off of the streets for safety. Fire Rescue Chief Neal deJesus commended the City Commission for the support of the curfew and stated it keeps persons out of the storm. He spoke regarding the monitoring of the storm and stated they never vacated coverage of the barrier islands. Sergeant Steve Hynes, Emergency Management Director, discussed economic and emotional recovery from storms and stated it is critical. He stated there is a standardized return on investment and he will speak with the City Manager about this. Page 1City of Delray Beach Printed on 10/26/2016 October 13, 2016City Commission Minutes - Draft Deputy Vice Mayor Jarjura thanked both Chiefs, Mr. Cooper, Sergeant Hynes and all staff that were involved. She also thanked the residents and businesses for coming together to help each other. She thanked Mayor Glickstein regarding the curfew and stated she felt very safe with both of the city's Chiefs and management being involved. Commissioner Petrolia thanked staff and residents for coming together to help each other. She also thanked staff for the reports during the storm and referenced king tide. Mayor Glickstein echoed the sentiments and stated residents, if they were aware of the preparation behind the scenes, would be really proud of the performance of staff. He provided further comments regarding staff being very professional and stated everything was very orderly. Mayor Glickstein stated the city's facilities are woefully inadequate. Further discussion ensued between the City Commission and staff regarding the efforts during the storm. WS.2 16-1023 WORKFORCE HOUSING PLAN AND PROGRAM REVIEW AND DISCUSSION Mark Stivers, Senior Planner, Planning, Zoning and Building Department introduced this item. He stated the study gave staff the ability to update the city's data. David Cobb, Regional Director for metrostudy in south Florida, provided an overview of the company and stated the purpose of the study is to provide the city with a snapshot of where the city is currently regarding housing. Mr. Cobb discussed the study and some recommendations. Discussion ensued regarding the study and what other areas like Delray are doing with limited space, questions regarding what the city needs more of: townhomes or single family homes, maintenance of houses, disparity between home values, zip codes within the city, monies for affordable/workforce housing, incentives for developers to create the type of housing needed in the city, proper zoning, population growth and the city's comprehensive plan. The City Commission felt the report was very well done. Discussion ensued amongst the City Commission regarding the steering committee. Mr. Cooper provided comments regarding the results of the study. He stated the discussion surrounding the comprehensive plan has to be a robust one. Page 2City of Delray Beach Printed on 10/26/2016 October 13, 2016City Commission Minutes - Draft Michael Coleman, Community Improvement Director, stated the next steps for the City Commission are to provide direction regarding UDAG funds and workforce housing. Mark Stivers conducted a PowerPoint presentation regarding the Workforce Housing Task Force and goals. He referenced adopted redevelopment plans, neighborhood stabilization, Community Development Block Grant (CDBG) Target Area Map, Federal and State funds, Workforce Housing Units, Workforce Housing Fund Strategy and the Long Range Workforce Housing Strategy. Mr. Cooper discussed his intent regarding funds and reiterated a robust discussion is needed. Mayor Glickstein stated he appreciates all of the task force members. WS.3. Commission Comments Commissioner Petrolia stated there will be a gathering regarding King Tide at Saltwater Brewery on Monday. She also commented regarding the Leadership Summit and gulf stream waters and tide issues. She stated the volleyball courts are still not up at the beach. There being no further comments, Mayor Glickstein adjourned the meeting at 8:11 p.m. Page 3City of Delray Beach Printed on 10/26/2016 Tuesday, October 18, 2016 3:00 PM City of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com Delray Beach City Hall City Commission Mayor Cary Glickstein Vice Mayor Al Jacquet Deputy Vice Mayor Jordana Jarjura Commissioner Mitchell Katz Commissioner Shelly Petrolia Minutes - Draft Special Meeting at 3:00 PM October 18, 2016City Commission Minutes - Draft Roll Call A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 3:00 p.m., on Tuesday, October 18, 2016. Roll call showed: Present - Commissioner Shelly Petrolia Vice Mayor Alson Jacquet Commissioner Mitch Katz Deputy Vice Mayor Jordana Jarjura Mayor Cary Glickstein Absent - None Also Present: Lynn Gelin, Assistant City Attorney, and Chevelle D. Nubin, City Clerk. Mayor Glickstein called the Special meeting to order and announced that it had been called for the purpose of considering the following Items. SP.1 16-1047 PUBLIC INTERVIEWS: 16-1073 SP.1 PUBLIC INTERVIEWS: The City Commissioners will conduct public interviews for the applicants for the City Attorney position Mayor Cary Glickstein opened the meeting and discussed the process and procedures for the meeting. He asked if the applicants or any City Commission members had any questions. Deputy Vice Mayor Jordana Jarjura asked about the chart provided by the Purchasing Department. Vice Mayor Alson Jacquet asked about the ranking process. Further discussion ensued regarding the ranking process. John R. Herin, Jr., GrayRobinson, P.A., began introductions and conducted a PowerPoint presentation. Mayor Glickstein asked if any member of the City Commission had Page 1City of Delray Beach Printed on 10/26/2016 October 18, 2016City Commission Minutes - Draft anything they would like to disclose regarding the firms. Deputy Vice Mayor Jarjura disclosed which firms she has interacted with out of the abundance of caution. She stated she does not have a conflict. The City Commission asked interview questions of the GrayRobinson firm. Joseph S. Geller, Greenspoon Marder, P.A., discussed the firm's background, team and services. The City Commission asked interview questions of the Greenspoon Marder firm. Jeff Snyder, Chief Financial Officer, discussed the current FY 2017 budget regarding City Attorney expenses. R. Max Lohman, Lohman Law Group, P.A., discussed his team and stated their focus is representing local governments serving as city attorneys. The City Commission asked interview questions of the Lohman Law Group, P.A. John J. Fumero, Nason Yeager Gerson White & Lioce, P.A. provided introductions and discussed the firm. Alzina Goldstein Siegel conducted a PowerPoint presentation regarding the firm's approach. The City Commission asked interview questions of Nason Yeager Gerson White & Lioce, P.A. SP.2 FINAL SELECTION OF THE NEW CITY ATTORNEY: Consider approval of the final selection for the new City Attorney; and authorize staff to enter into contract negotiations The City Commission discussed the applicants, expectations: who is well equipped and ready to go, what stood out from each applicant, budget costs, process and in-house and outside counsel. The City Commission ranked the applicants. Based upon the ranking, the Lohman Law Group received the lowest number and was the highest ranked. Commissioner Mitch Katz made a motion to confirm the rankings and authorize staff to enter into contract negotiations with the Lohman Law Group, P.A.; seconded by Commissioner Petrolia. Upon roll call, the City Commission voted as follows: Vice Mayor Jacquet - Yes; Commissioner Katz - Yes; Deputy Vice Mayor Jarjura - Yes; Mayor Glickstein - Yes; Commissioner Petrolia - Yes. Said motion passed with a 5 to 0 vote. Page 2City of Delray Beach Printed on 10/26/2016 October 18, 2016City Commission Minutes - Draft SP.3 Commission Comments There were no City Commission comments. There being no further business, Mayor Glickstein adjourned the Special Meeting at 6:31 p.m. Page 3City of Delray Beach Printed on 10/26/2016 City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-1055,Version:1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, MMC, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: November 1, 2016 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD (SCRWTDB) ACTIONS Recommended Action: Motion to Ratify actions approved by the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) at their Meeting of August 25, 2016. Background: By a vote of 4 to 0, the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) approved the following action: 1. Authorization to Approve Eighth Amendment to Interlocal Agreement City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: N/A City of Delray Beach Printed on 10/26/2016Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-1043,Version:1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning, Zoning and Building Department THROUGH: Donald B. Cooper, City Manager DATE: November 1, 2016 ACCEPTANCE OF A LANDSCAPE MAINTENANCE AND HOLD HARMLESS AGREEMENT FOR 215 MACFARLANE CLASS V SITE PLAN APPROVAL Recommended Action: Motion to Accept a landscape maintenance and hold harmless agreement for 215 MacFarlane, located at 215 MacFarlane Drive. Background: The subject property is located on the east side of MacFarlane Drive,south of Ingraham Avenue and measures 0.286 acres.The property contains a nine-unit multiple family structure and is zoned RM (Medium Density Residential),and has a Future Land Use Map Designation of MD (Medium Density Residential 6-12 du/ac). The development proposal involves the demolition of the existing multiple family residential structure and construction of a 3-story townhouse structure that accommodates three units. Each individual unit is a three-bedroom townhome with under air square footages (Unit “A”is 3,176 sq.ft.,Unit “B”is 3,546 sq.ft.and Unit “C”is 3,176 sq.ft.).All units will accommodate a two-car garage.Grade level swimming pools will be constructed in the rear yard of each unit. Installation of associated landscaping,paverbrick walkways and driveways and privacy fences are proposed. The development plan provides for perimeter landscaping within the public right-of-way along MacFarlane Drive.The proposed landscaping will consist of four Foxtail Palms and associated Dwarf Asian Jasmine understory plant materials. Advisory/Approving Board Recommendation: At its meeting of September 14,2016,the Site Plan Review and Appearance Board approved a Class V Site Plan with conditions.A condition of approval included the requirement to submit the landscape maintenance and hold-harmless agreement for the landscaping proposed within the adjacent MacFarlane Drive right-of-way. Attachments: ·Notarized Landscape Maintenance and Hold Harmless Agreement ·Class V SPRAB Report with Attachments ·SPRAB Minutes (draft) City of Delray Beach Printed on 10/26/2016Page 1 of 2 powered by Legistar™ File #:16-1043,Version:1 City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: N/A Funding Source: N/A Timing of Request: There is no time sensitivity with this request. City of Delray Beach Printed on 10/26/2016Page 2 of 2 powered by Legistar™ EXCERPT OF MINUTES Item VII. B (215 MacFarlane) SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH MEETING DATE:September 14, 2016 MEETING PLACE:City Commission Chambers B. 215 MacFarlane (2016-197): Class V Site Plan, Landscape Plan and Architectural Elevation. Jasmin Allen, Senior Planner,presented the project to the Board. Exparte James Chard disclosed he previously heard part of the presentation from the architect for this project at the GIAB meeting. Board Comments The Board discussed the proposal of the three new townhouse units, along with need to replace the current heavy vegetation in order to comply with FEMA/flood zone mandates, as well as to maintain a uniform height from a design standpoint, with regards to the Landscape Plan. They also discussed that construction east of the ICW needs to be built on cast pilings, in order to reduce the settlement and asked for clarification on that process from the Applicants (Architects and Builder.) Motion to approve Class V Site Plan was made by Shannon Dawson and seconded by Vlad Dumitrescu, with the following conditions: #s 1-5, as stated in the staff report Condition # 6 deleted #7 as stated in the staff report MOTION CARRIED 4-0. Motion to approve Landscape Plan was made by Shannon Dawson and seconded by Vlad Dumitrescu, with the following conditions: # 1 as stated in the staff report, specifically, that a Landscape Maintenance Agreement be obtained prior to the issuance of the building permit. MOTION CARRIED 4-0. Motion to approve the Architectural Elevations was made by Vlad Dumitrescu and seconded by Shannon Dawson. MOTION CARRIED 4-0. City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-1030,Version:1 TO: Mayor and Commissioners FROM: John Morgan, Environmental Services Director THROUGH: Donald B. Cooper, City Manager DATE: November 1, 2016 RESOLUTION NO. 54-16 FOR A COMPLETE STREETS POLICY FOR THE CITY OF DELRAY BEACH Recommended Action: Motion to Adopt Resolution No. 54-16 approving a Complete Streets Policy for the City of Delray Beach. Background: Complete Streets are streets for everyone. They are designed and operated to enable safe access for all users, including pedestrians, bicyclists, motorists and transit riders of all ages and abilities. Complete Streets make it easy to cross the street, walk to shops, and bicycle to work. They also make it safer for people to walk to and from train stations. In addition, Complete Streets improve equity, safety, and public health, while reducing transportation costs and traffic woes. The purpose of this Complete Streets policy is to accommodate the safety and convenience of all surface transportation system users into the planning, design, and construction of transportation projects within the City of Delray Beach. FDOT and the Palm Beach Metropolitan Planning Organization have already adopted Complete Streets Policy. The City of Delray Beach will be joining West Palm Beach as the second municipality in Palm Beach County to have Complete Streets policies. The proposed policy was developed as a collaborative effort between the Environmental Services Department and Planning, Zoning, and Buidling Department. The draft policy was presented to the Green Implementation Advancement Board for consideration and they recommended approval. The draft policy was also reviewed by the Palm Beach County Metropolitan Planning Organization. If approved the policy will be reflected in the upcoming amendments to the City's Comprehensive Plan. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Printed on 10/26/2016Page 1 of 1 powered by Legistar™ RESOLUTION NO. 54-16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A COMPLETE STREETS POLICY AND INITIATING THE PROCESS OF DEVELOPING GUIDELINES, PROCESSES, AND PROCEDURES FOR IMPLEMENTING A COMPLETE STREETS PROGRAM ADHERING TO THE PRINCIPLE THAT ALL PERSONS OF ALL AGES AND ABILITIES WHO TRAVEL BY AUTOMOBILE, MOTORCYCLE, PUBLIC TRANSIT, BICYCLE OR WALKING ARE EQUAL LEGITIMATE USERS OF ROADWAYS AND SHALL BE PROVIDED SAFE ACCESS TO ALL CITY PUBLIC RIGHTS OF WAY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City Commission seeks to make Delray Beach become a more livable and lively city, a healthy, economically robust community with system wide choices of safe, convenient access to roadways and trails for all users with a more balanced human scale environment, where a complete streets program is employed; and WHEREAS,a complete streets program is designed to reduce congestion, increase the transportation network capacity, and increase consumer choice while decreasing consumer transportation costs, improve air quality, improve community health, enhance community aesthetics, augment economic growth, increase community stability by providing accessible and efficient connections between home, school, work, recreation, and retail destinations; and WHEREAS,the City Commission seeks to improve the leadership exhibited by existing city streets as provided by complete street design through the historic grid system design, the incorporation of sidewalks, residential street speed limits, traffic calming measures, and pedestrian signalization; and WHEREAS,the interdisciplinary integration of land use and transportation planning in the implementation of a complete streets program seeks the goal of safe, accessible community wide, multimodal connectivity, that allows a range of alternative choices for daily functional transportation, including for children walking to school on safe routes to school; and 2 Res No. 54-16 WHEREAS,existing development decisions, traditional land use and transportation planning, and roadway design standards can have unintended consequences on the daily quality of life of the citizens standards by reducing individual transportation choices and widespread dependence on motor vehicles for even the very shortest of trips when the current transportation system does not recognize that arterials and collectors may function as local roads for short trips due to an absence of a connectivity grid of transit, bike lanes and sidewalks to allow choices of other safe modes of transport; and WHEREAS,a balanced urban community requires a comprehensive, deeply integrated, network of roadways designed and planned from a sustainable whole systems approach, while also sensitive to the context and needs of the different wards and neighborhoods within the city to provide equal access to transportation options for all users; and WHEREAS,unsafe conditions involving bicycles and pedestrians can be ameliorated when proper facilities, roadway redesign, traffic calming, effective signage and other techniques of complete streets are integrated into the urban landscape through the Land Development Regulations, the Comprehensive Plan, Transportation Element, the Evaluation and Appraisal Report (EAR), and the Bike and Pedestrian Plan; and WHEREAS,over one-third of Americans do not drive, a figure increasing with our aging of the population, and transportation choice and accessibility are issues of social equity as minorities, the elderly and children are disproportionate among those with limited transportation choices when the affordable transportation options of biking, walking and transit are not sufficiently safe, effective or available leading to significant social and economic isolation and decline, with frequent poor health outcomes; and WHEREAS,recent data on public health identifies a direct correlation between land use decisions, automobile dependency, a lack of alternative transportation choices, and poor health resulting in increased sedentary life habits and obesity, the second leading cause of death in the United States, with increased risks of over 13 separate chronic diseases and many cancers; and WHEREAS,adoption of complete streets program principles is in alignment with the current efforts of the City to become a recognized fit friendly community and realize measurable positive health outcomes through implementation of the principles of complete streets and safe human powered transportation choices that foster significant improvements in community health parameters, and lowering community health care costs; and 3 Res No. 54-16 WHEREAS,increasing the opportunity for biking, pedestrian, and transit travel through better integration of land use and transportation planning reduces reliance on fossil fuels, places the City in a position to more effectively reduce greenhouse emissions and concentrations of other atmospheric pollutants, such as carbon monoxide, associated with increased rates of asthma, bronchitis, emphysema, and chronic obstructive pulmonary disease; and WHEREAS,numerous studies and surveys, including each of the most recent years of the National Association of Realtors, Smart Growth Surveys, indicate a strong and growing preference among homebuyers for walkable, mixed-use communities when selecting where to live due to enhanced individual and community economic vitality when all aspects of community living intertwine with effective, safe, accessible and reliable transportation choices; and WHEREAS,the American Association of Retired Persons (AARP), a member of the national Complete Streets Coalition, strongly endorses Livable Communities policies such as walkable, bikeable communities that realize the benefits of significantly higher property values, additional business activity, increased tourism, and greater health savings; and WHEREAS,travel by foot, bicycle or transit represents money retained in the community as demonstrated by a 2010 case study by the University of Massachusetts that compared the employment impacts of pedestrian and bicycle infrastructure with traditional roadway projects and found that on street bike lanes and pedestrian measures created more direct jobs, more indirect jobs, and more induced jobs per dollar than either road upgrades or road resurfacing; and WHEREAS,the Federal Highway Administration (FHWA) of the United States Department of Transportation (US DOT) Design Guidance for Accommodating Bicycle and Pedestrian Travel issued in 2000 provides that bicycle and pedestrian ways shall be established in new construction and reconstruction projects in all urbanized areas. Excluded projects are those where bicyclists and pedestrians are prohibited by law from using the roadway, when costs are 20 percent or higher than the larger transportation project, and where the sparsity of population indicate an absence of need; and WHEREAS,Florida Statutes, Section 335.065(1)(a) Bicycle and pedestrian ways along state roads and transportation facilities provides that bicycle and pedestrian ways shall be given full consideration in the planning and development of transportation facilities and that bicycle and pedestrian ways shall be established in conjunction with the construction, reconstruction, or other change of any state transportation facility, and special emphasis shall be given to projects in or within 1 mile of an urban area; and 4 Res No. 54-16 WHEREAS,the 2005 Florida Legislature directed Florida Department of Transportation (FDOT) to determine ways to increase the use of bicycles to conserve energy, reduce pollution, and improve health, and recommended that public agencies accommodate bicycling on all non-limited access roadways in Florida and warned the way Florida plans its development and roadways must change; and WHEREAS,to the fullest extent possible, and with a multi discipline input, consideration of existing natural systems shall be incorporated from the earliest phases of design, planning, and implementation of complete streets, utilizing sustainable choices such as handling of stormwater through a variety of location specific low impact development techniques, to include, with particular emphasis, the extensive use of Shade Trees for bike and pedestrian ways, and where possible, transit stops; and WHEREAS,the Palm Beach County Metropolitan Planning Organization (MPO), made up of elected officials from every municipality in Palm Beach County, of which the City of Delray Beach is a member, unanimously adopted a Complete Streets Policy on March 17, 2016; and WHEREAS,a successful complete streets program solicits citizen input throughout the entire processes of planning, design, and implementation and such public input is a critical aspect in the creation of an effective system by providing for regular, formal input and analysis from citizen advisory boards and seeking higher standards of quality and efficiencies through multi-jurisdictional communication, coordination, and the sharing of best practices; and WHEREAS,the City Commission desires to create a complete streets policy and, in alliance with the Palm Beach County MPO, to continue demonstrating its leadership within the region, the state of Florida, and the nation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida hereby adopts a Complete Streets Policy, attached hereto and incorporated herein as exhibit “A”. Section 2. That the City will review all applicable land development and transportation policies, resolutions, studies, plans and ordinances, develop a complete streets program, and submit an interim report on program implementation to the City Commission within 24 months of the adoption of this policy. During the review and in developing the complete streets program, the City shall consider the following: a. Incorporation of the principles of complete streets into an interdisciplinary, integrative, multimodal transportation policy with implementation guidelines. 5 Res No. 54-16 b. Inclusion of all users for all street projects to include planning, design, construction, maintenance, and operations activities. c. Balancing the needs for bicycling, pedestrians, public transit, and vehicles with community values including fiscal constraint, public safety, environmental protection, and historic preservation. d. Incorporation of the latest, best, and context sensitive design standards in developing new policies and procedures for complete streets that accommodate all user needs. Section 3. The City will consider and incorporate to the extent practical the goals and policies of the complete streets program in the amendment and adoption of the Comprehensive Plan and other applicable plans and ordinances. Section 4. The City will consider and incorporate the complete street program to the extent practical in the amendment, design, development, construction, operations, and implementation of City standards, projects, facilities, policies, and development reviews. Section 5. The City will encourage other agencies with transportation jurisdiction within the City boundaries to adopt and implement complete street principles for projects and plans within and adjoining the City jurisdiction. Section 6. The City supports and encourages the public involvement and promotion of complete streets principles in coordination with partnering agencies and organizations to provide public awareness for the transportation, quality of life, public safety, and health benefits of the complete streets program. Section 7. The City seeks to develop a complete streets program to become a complete streets city, a leader in Florida, and the nation in coordination and cooperation with comparative jurisdictions with complete streets programs. Section 8. This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the ___________ day of ______________, 2016. _______________________________________ ATTEST: City Clerk MAYOR COMPLETE STREETS POLICY - CITY OF DELRAY BEACH P a g e | 1 Approved November 1, 2016 VISION & INTENT Complete Streets are necessary for Delray Beach to advance the goals adopted in the Strategic Plan and Delray Beach Comprehensive Plan. Complete Streets will enhance Delray Beach’s quality of life over the long-term by advancing mobility, economically sound compact and connected development patterns, public health and safety, livability, environmental protection and enhancement, sustainability, neighborhood equitability, affordability, economic activity, climate resiliency, and excellence in urban design and community character. As public space, streets should be designed to a higher standard for the common good of all people, in keeping with the Delray Beach vision: Delray Beach is a “Charming Village by the Sea,” with a World Class Beach, a Vibrant Downtown, a Diverse Local Economy and a Community of Quality Neighborhoods and Schools. Recreational and Cultural Opportunities Abound. People Embrace Cultural Diversity. Specifically, this Complete Streets Policy is integral to achieving the City of Delray Beach’s short and long term goals and requires a shift in how we define the role of roadways: They are public spaces that serve people first. Therefore, the City of Delray Beach commits to improvements that support safe, efficient, and convenient mobility for all roadway users - pedestrians, bicyclists, transit riders, and motorists - regardless of age or ability. Complete Streets are necessary to support compact development patterns. They expand everyone's mobility choices for safe and convenient travel by different modes between destinations throughout Delray Beach. As appropriate for their context, they are designed to balance safety and convenience for everyone using the road. Safety, including a reduction in hazards for pedestrians and bicyclists on Delray Beach roadways, is a fundamental consideration of this Complete Streets policy. Complete Streets also encourage people to make active transportation choices (powered by human energy), which are associated with improved health outcomes for people at all stages of life. To improve community health, Delray Beach seeks to transform its street network from a barrier to an asset for regular walking and biking. The City also recognizes the multiple public health benefits of reducing the air pollution and climate change caused by vehicle emissions. The City of Delray Beachrecognizes that the planning and design of streets and regional roadways should holistically include the entire right-of-way and public space – defined as the entire area between building fronts. A Complete Streets approach provides aunique opportunity to thoughtfully integrate and advance multiple objectives for our community, now and in the future, while delivering maximum benefits from both public and private investments. A. COMPLETE STREETS PRINCIPLES 1. Complete Streets serve all users and modes. The City of Delray Beach commits to design, operate and maintain the community's streets and right-of- way so as to promote safe, comfortable and convenient access and travel for people of all ages and abilities. This is the core intent of the Delray Beach Complete Streets Policy. All streets and roadways within the city shall provide basic safe access and crossings for all allowed categories of users - people traveling as pedestrians and by bicycle, transit riders, motorists and others. City streets and/or right-of- way networks shall accommodate emergency responders and freight needs as well, in a manner COMPLETE STREETS POLICY - CITY OF DELRAY BEACH P a g e | 2 Approved November 1, 2016 consistent with this policy. The City recognizes that children, seniors, and persons with disabilities may require inclusive accommodations. 2. Complete Streets require connected travel networks. The City of Delray Beach shall prioritize opportunities to create a complete transportation network that provides connected facilities to serve all people and modes of travel, now and in the future. Streets shall be connected to create complete street networks that provide travelers with multiple choices of travel routes and transportation modes and that help to reduce congestion on major roadways. This network includes off-street hard-surface trails for biking and walking. Not all roadways and routes need to be optimized for all modes; however, people using each mode require a network of safe and convenient travel routes and crossings throughout the City. 3. Complete Streets are beautiful, interesting and comfortable places for people. The design of cities begins with the design of streets, as community places where people want to be. As part of Delray Beach's public space, streets shall be held to ahigher standard for urban design at a human scale. Multi-modal accommodations and all City projects in the right-of-way shall be approached as opportunities to enhance the aesthetic qualities of Delray Beach and its public space through the thoughtful creation of place. Wherever feasible, streetscapes shall protect and include street trees and native plants, and incorporate landscape architecture, public art, pedestrian amenities and way-finding signage, sidewalk cafes and street-facing retail, and other elements that enhance the charm and attractiveness of Delray Beach and foster sustainable economic development. Streetscapes shall be designed with temperature extremes in mind, sheltering bicyclists and pedestrians from urban heat islands and creating comfortable microclimates. 4. Complete Streets require best-practice design criteria and context-sensitive approaches. The City of Delray Beach will align land use and transportation goals, objectives, policies and code provisions to create Complete Streets solutions that are appropriate toindividual contexts; that best serve the needs of all people using streets and the right-of-way; and that support the policies of the Delray Beach Comprehensive Plan. Context sensitive design allows roadway design decisions to be more flexible and sensitive to community values, and to better balanceeconomic, social and environmental objectives. The City of Delray Beach will take a flexible, innovative, and objective approach to creating context- sensitive Complete Streets that meet or exceed national best-practice design guidelines. This includes a shift toward designing at a human scale for the needs and comfort of all people and travelers, in considering issues such as street design and width, desired operating speed, hierarchy of streets, mode balance, and connectivity. Design criteria shall not be purely prescriptive but shall be based on the thoughtful application of engineering, architectural, and urban design principles. 5. Complete Streets protect Delray Beach's environment and promote sustainability. By reducing automobile dependence Complete Streets will help Delray Beach advance its “green” and sustainability initiatives. In the design, operation, and maintenance of its transportation system, the City of Delray Beach shall seek opportunities to integrate best-practice "Green Street" principles, including features and metrics adapted for the climate variations of the area. These may include stormwater management, tree canopy, shade structures, landscaping, climate protection and resiliency, urban heat island mitigation, sidewalk and subsurface design to accommodate and protect roots, accessible and integrated parks and natural areas, and other measures. Projects in the public right-of-way and their landscape elements shallseek to advance sustainable management and conservation practices for water, energy, materials and other resources, balanced with other goals. COMPLETE STREETS POLICY - CITY OF DELRAY BEACH P a g e | 3 Approved November 1, 2016 6. Complete Streets are the work of all City Departments. The City of Delray Beach shall approachevery public or private project, program, and practice that affects the transportation network or occurs in the right-of-way as an opportunity to improve street conditions and travel routes for everyone. City Departments shall work in coordination and collaborate with other entities, including adjacent local governments, State, and Federal agencies, to maximize current and future opportunities for Complete Streets, enhancement of the public space, street connectivity, and complementary design for streets crossing political boundaries. 7. Complete Streets include all roadways and all projects and phases. The City of Delray Beach shall apply this policy in a context-sensitive manner to all private and public routes and roadways. It applies to both new streets and retrofit projects, including the construction, reconstruction, retrofit, resurfacing, alteration and major repairof streets. It shall provide guidance to the budget development process for all City capital improvement projects and ongoing street maintenance. It includes parking facilities, alleys, bridges, frontage roads, private drives or streets and internal circulation routes, temporary traffic zones, off-street multiusepathways, park roads, and other elements of the transportation system. 8. Complete Streets require appropriate performance measures. The City of Delray Beach will track and report performance measures for the transportation system that measure how well the City is conforming to this policy. Indicators shall reflect safe and efficient mobility for all users - pedestrians, bicyclists, transit riders, motorists, and freight. A system of “Green Streets” metrics will be adopted and reported as well. For multimodal mobility, performance indicators shall be utilized and weighted in a manner that reflects context and community values. B. APPLICABILITY AND JURISDICTION This policy is applicable to all development and redevelopment in the public domain within the City of Delray Beach. It applies to the work of all City Departments and entities. It is intended to guide all private development that affects streets, the transportationsystem, and the public space.Where new streets and subdivisions are subject to the City of Delray Beach Land Development Regulations, the City of Delray Beach shall fully andconsistently refer to this policy for guidance. In the City's extra-territorial jurisdiction, applicability to specific projects shall be reviewed, determined and overseen with Palm Beach County and adjacent cities. In existing developed areas of the City, roadway improvements that implement this policy shall be achieved as individualprojects advance, as sites and corridors are developed and improved, and as needs and travel-mode balance evolve over time.For activity centers and corridors identified in the Delray Beach Comprehensive Plan, and areas with high levels of pedestrian activity, the City shall seek and prioritize funding sources for strategic Complete Streets improvements. The City of Delray Beach requires all agencies and authorities over which it has permitting authority to comply with this policy. At a minimum, they should not adversely affect multimodal travel conditions and future opportunities. These include, but are not limited to, water agencies, electric utilities, gas and petroleum utilities, communications utilities, and service contractors. Provisions that support this Complete Streets policy shall be added to new franchise agreements affecting the City right-of-way. COMPLETE STREETS POLICY - CITY OF DELRAY BEACH P a g e | 4 Approved November 1, 2016 For all transportation projects designed by other agencies or entities that require funding, approval, or coordination by or with the City, the Planning, Zoning and Building and Environmental Services Departments shall, in advance of finalizing funding or approval: (1) evaluate the proposed project for compliance with this Complete Streets Policy, and (2) where needed, recommend measures and require appropriate changes to bring it into compliance. The City of Delray Beach encourages entities not under its jurisdiction to satisfy this policy, including the Palm Beach County School District, Palm Beach County, and State of Florida agencies with facilities in the City of Delray Beach. Partner agencies and organizations are encouraged to adopt this Complete Streets Policy or an equivalent. For regional transportation projects, the City will promote compliance with this Complete Streets Policy by its partners, including Palm Beach County Metropolitan Planning Organization, Palm Beach County, Florida Department of Transportation, Treasure Coast Regional Planning Council, adjacent cities, and other agencies as applicable. C. EXCEPTIONS The City of Delray Beach expects full compliance with this policy. An exception for a specific project may be requested and granted when: Use of the roadway is prohibited by law for a specified category of users; The costs of providing accommodation are excessively disproportionate to the need or probable use; The application of Complete Streets principles would be contrary to public safety; An absence of current and future need to serve a category of users isdocumented. In determining future need, applicants and City review staff shall consult relevant City and regional long range plans for land use and transportation, including the Delray Beach Comprehensive Plan. A request for an exception should be submitted to the Director of the Planning, Zoning and Building Department at the earliest project phase (e.g. during initial project planning and budgeting). The request submitted must include an explicating narrative, site photographs, project site map and drawings if available, and supporting data.The request shallbe jointly considered by the Directorsof Planning, Zoning and Building and Environmental Services Departments with input from the Green Implementation Advancement Board. In the City's extraterritorial jurisdiction, exceptions also shall be considered by Palm Beach County, which may have final authority. For all project elements constructed in the City right-of-way, final determination and approval of exceptions shall reside with the City Commission. Exceptions granted shall be publicly reported on the City's website. Reports shall include the applicant's documentation as backup and indicate the basis for the decision. Where exceptions are granted, parallel accommodations for the category of users excluded shall be sought on alternate routes within the City’s transportation system. D. CODE AMENDMENTS The City of Delray BeachLand Development Regulations shallbe revised to incorporate the principles and provisions of this Complete Streets Policy. This policy in itself does not change the Land Development Regulations. COMPLETE STREETS POLICY - CITY OF DELRAY BEACH P a g e | 5 Approved November 1, 2016 All City of Delray Beach administrative rules and criteria manuals referenced in the City Code that affect the design of roadways and facilities sited in the right-of-way, which affect the implementation of this policy, shall be reviewed and updated to make them consistent with its goals and support its implementation. To facilitate near-term compliance with this policy, an interim advisory on the design of streets and subdivisions that references national guidelines and manuals shall be issued in the City of Delray Beach Engineering Standards for Roadway and Traffic Details, within 120 days of approval of this policy. One year after Commission approval of this Complete Streets Policy, the City Manager shall report to Delray BeachCity Commissionon anyfuture code amendments needed to support implementation of this policy. The report also will address the applicability of this policy to private development. E. IMPLEMENTATION The City of Delray Beachshall make Complete Streets practices a routine part of everyday operations and procedures. The Complete Streets principles of this policy shall inform all transportation planning, design, maintenance, and funding decisions. In addition, they shall inform the early scoping phase of all City capital improvement projects that include or affect roadway elements and the right-of-way. As needed to ensure robust implementation of this policy, the City shall develop or update City design policies, guides, standards, and manuals across disciplines. It also shall reference the most up-to-date national standards, design guides, and best practices supportive of Complete Streets. Guidance on implementation is provided in "Exhibit A," attached to this policy.Complete Streets Policy Implementation Guidelines shall be developed, to provide more detailed direction. These Guidelines shall be adopted as a separate document. The Guidelines shall be provided to all City Departments, regional transportation agencies, and the public within two years after Commission approval of the policy. The City will actively seek sources of funding to implement this policy. COMPLETE STREETS POLICY - CITY OF DELRAY BEACH P a g e | 6 Approved November 1, 2016 EXHIBIT A: GUIDANCE ON IMPLEMENTATION 1. Application to City Projects All City capital improvement projects, including roadways, initiated subsequent to the adoption of this Policy shall fully integrate its Complete Street goals and principles from the earliest project scoping and budgeting phases. As this Complete Streets Policy establishes higher and more comprehensive goals and criteria than current policy, this policyshall supersede it for roadway projects. All projects shall be initially definedsuch that the overall project budget is sufficient to assure conformance withthis policy.In keeping with thisComplete Streets Policy, available budget maybe allocated to address the needs of transit users; integrate “Green Street” practices, including street trees and landscape elements; and/or provide other amenities that invite walking and create a sense of place. 2. Capital Improvement Projects Consideration of this Complete Streets Policy and its long-range goals shall be incorporated into the planning, scoping, budgeting, funding, design, approval and implementation process for all City facilities, roadways, and right-of-way infrastructure. The Engineering Division shall provide coordination and support. Departments shall consult the Strategic Plan, Delray Beach Comprehensive Plan, Capital Improvement Plan, Bike-Ped Master Plan, and other relevant City master plans for guidance in planning and designing City projects that include or impact roadways. City Departments shall consult City master plans and policies related topedestrian, bicycle, transit, and vehicle transportation. All projects shall strive to advance and integrate multiple goals, including a high-quality public space, place-making, “Green Streets”, expansive tree canopy, landscaping, and sustainable economic development. City projects shall seek cost-saving opportunities through such integration. Projects shall anticipate opportunities to incrementally achieve fully complete streets and networks over time, and in future phases of work. Departments shall take care that their work does not adversely affect the pedestrian space and opportunities for multimodal travel and facilities. Projects should anticipate funding needs and seek resources to acquire necessary right-of-way and/or easements. If the costs of acquiring right-of-way to provide separate accommodations for each mode of travel are cost-prohibitive, innovative or multi-use facilities within the existing right-of-way that accommodate both pedestrians and bicyclists should be considered, if appropriate for the roadway and its context. The need for amenities and landscaping that provide comfort for users of alternative transportation modes should be factored into funding needs. For City parks projects, park land may be used for bicycle/pedestrian trails and other elements of the transportation system that provide connectivity and support people's access to parks and recreational/outdoor activities. City utilities will provide guidance on ensuring that Complete Streets Policy implementation does not create public safety hazards or reductions in levels of utility service unacceptable to utility customers. Utility projects will seek to support and advance implementation of this policy and related right-of-way conditions. 3. Project Budgets It is the responsibility of each project to budget appropriately for implementation of this policy, in a context-sensitive manner. This includes budgeting for right-of-way and/or easement acquisition. Where primary funding sources for City projects are narrowly constrained (e.g. restricted to utility, affordable COMPLETE STREETS POLICY - CITY OF DELRAY BEACH P a g e | 7 Approved November 1, 2016 housing, or other purposes), the City will actively pursue additional funding sources to allow implementation of this policy to a high standard. 4. Private Projects In reviewing zoning, site plans, subdivision plans, planned unit developments, and other projects that include streets or private drives or other internal circulation routes, City staff shall seek full compliance with the intent of this Complete Streets Policy. To ensure that its goals and principles are fully incorporated into the City of Delray Beach zoning and development review process, City zoning and development review staff across departments shall receive appropriatetraining. The Planning, Zoning and Building Department shall also provide appropriate information and education to applicable review and advisory boards and committees, the development community, and applicants. If City staff recommends additional measures regarding private projects, that process will include public review and input. 5. Complete Streets Program The City will implement this policy through a Complete Streets Program based in the Environmental Services Department. The Program will be developed and implemented in consultation with the Environmental Services Department and other departments, applicable review and advisory boards and committees, and partners (including but not limited to the Community Redevelopment Agency and the Downtown Development Authority). It will be appropriately staffed toprovide multi-modal transportation planning; it will be coordinated with Cityprograms and initiatives for bicycling, pedestrians, transit and on trails. Program staff will facilitate update of the City’s Bicycle/Pedestrian Master Plan. The Complete Streets Program will be incorporated into the Transportation Element of the Delray Beach Comprehensive Plan and be inclusive of all relevant CityDepartments. The Program shall facilitate city-wide staff training, public education, document development and/or updates, departmental Complete Street efforts, and other actions as necessary to fully implement this Complete Streets policy. An interim report on the development and progress of this program shall be delivered to the City Commissionwithin 24 months of policy adoption. 6. Modal Networks The City shall advance projects that are needed to close gaps and to complete priority transportation networks and routes for people using each individual travel mode. 7. Street Design Standards The City shall refer to the following national guidelines, recognized by the Delray Beach City Commission: a. Designing Workable Urban Thoroughfares: A context sensitive approach (Institute of Transportation Engineers/Congress for the New Urbanism) b. Urban Street Design Guide, and Urban Bikeway Design Guide (National Association of City Transportation Officials) Flexible and innovative context-sensitive design solutions that conform to these guidelines are encouraged for both public and private projects. Updated street design standards and criteria that reflect these national guides will be developed in the course of revising the City’s Transportation Criteria and Engineering Standards for Roadway and Traffic Details. The design of roadway water quality controls, stormwater management infrastructure, permeable surfaces, energy efficient street lighting and signalization, and traffic calming devices shall be incorporated into this approach. COMPLETE STREETS POLICY - CITY OF DELRAY BEACH P a g e | 8 Approved November 1, 2016 8. “Green Streets” Guidelines A multi-disciplinary City staff team shall developspecific Green Streets principles, guidelines, and metrics. The guidelines shall reflect national best practices as well as green infrastructure goals, objectives, and policies in the Delray Beach Comprehensive Plan. They shall address roadway-design related stormwater infrastructure and management, for both water quality and runoff volume; the linking of trails and greenbelts with roadway networks; the most appropriate surface/paving materials, and other relevant sustainability, environmental and ecosystem goals.The integration of Green Streets principles and metrics shall be overseen by theDevelopment Services Management Group. Green Streets principlesand metrics shall be administered as an integral part of street design and project reviews. 9. Safety Design criteria for complete streets will recognize and utilize best practices to protect all travelers but especially bicyclists and pedestrians. Criteria specifically included with safety in mind include narrow travel lanes, reasonably wide bike and pedestrian paths, protected lanes, speed reductions, pedestrian safety islands (medians), and adequate lighting. 10. Staff Training The City will provide information and training on this Complete Streets policy and its principles, and best practices for implementation, to relevantCity staff across departments within 180days of policy adoption. Continuing education inclusive of all aspects of this policy shall be provided on an annual basis. The training materials shall be offered to applicable review and advisory boards and committees,regional and City partner agencies. 11. Outreach and Education The City and partner organizations will provide ongoingpublic information and education about Complete Streets to Delray Beach residents; community groups and leaders; transportation, planning, design and engineering professionals; and the private development community. Delray Beach will promote the use of bicycle and pedestrian transportation as well as transit connectivity to encourage the community to reduce dependence on automobiles. The City will meet at least annually with representatives of Palm Beach Metropolitan Planning Organization, Palm Beach County, the Treasure Coast Regional Planning Council, and the Florida Department of Transportation to review best practices in Complete Streets implementation and evaluate cross-agency efforts. 12. Metrics for Evaluation Complete Streets Policy metrics will be tracked andreported in coordination with metrics and monitoring established for the Delray Beach Comprehensive Plan and Strategic Plan. For mobility goals, they include miles of new and improved sidewalks and bicycle facilities, pedestrian and vehicle crash data, pedestrian and bicycle trip data, and number of accessible transit stops. Additional metrics that reflect the comprehensive goals of the policy will be developed within 18 months of policy adoption. 13. Code Amendments City staff will conduct an analysis to identify: 1) what, if any, provisions in current code or criteria are in conflict with implementation of this Complete Streets Policy, or otherwise present impediments, and 2) what code and criteria amendments are needed, if any, to address impediments or to otherwise advance the implementation of the Complete Streets Policy. Upon adoption of a major revision to the Land Development Regulationsby the Delray Beach City Commission, necessary updates on this policy shall be issued to create consistency with all Land Development Regulation provisions and language related to COMPLETE STREETS POLICY - CITY OF DELRAY BEACH P a g e | 9 Approved November 1, 2016 roadways, right-of-way, street classifications, character districts, neighborhood traffic calming, and other applicable elements. 14. Roles and Responsibilities The City’s Principal Transportation Professional in the Environmental Services Department, as the administrator of the Complete Streets Program, shall have lead responsibility for implementation of this policy. Final authority for the construction of elements in the City right-of-way, as well as reporting responsibility for exceptions granted to this policy, resides with the Environmental ServicesDepartment. The Director of the Environmental Services Department is responsible for the functionality of streets as defined by their utility, durability, condition and serviceability and has final authority over related decisions. The Principal Transportation Professional is responsible for the design and functionality of streets and the roadway network as it relates to providing safe, efficient, and comfortable travel for roadway users. The PublicWorks Division, Construction Division, and Engineering Divisionshall jointly and collaboratively address these goals for the community's roadways, coordinating with other City departments and partner agencies as needed. 15. Exceptions Reporting The Development Services Director shall report each exception granted through the mechanism established in this policy, including for City projects, and shall oversee the timely public posting of such reports on the City of Delray Beach website. Quarterly, a summary report on exceptions granted shall be provided to the Development Services Management Group which isresponsible for guiding Complete Streetsimplementation. Annually, a report shall be provided to the City Manager. City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-1056,Version:1 TO: Mayor and Commissioners FROM: Janice Rustin, Interim City Attorney DATE: November 1, 2016 RESOLUTION NO. 55-16; IN SUPPORT OF EFFORTS BY FEDERAL AGENCIES TO REDUCE OPIOID MISUSE, ADDICTION AND OVERDOSE Recommended Action: Motion to Adopt Resolution No.55-16;supporting the recent efforts by federal agencies,including the Department of Justice (DOJ)and the Center for Disease Control (CDC),to help reduce opioid misuse,addiction,and overdose,and directing City officials and City staff to take any and all actions necessary to effectuate the intent of this Resolution. Background: On an average day across the county,at least 78 people will die from an opioid-related overdose, 3,900 people will use a prescription opioid outside of legitimate medical purposes and supervision, and 580 people will try heroin for the first time.The City of Delray Beach has seen a dramatic increase in overdoses due to heroin and opioids in the past year (more than 100%increase in 2016 over 2015 according to Delray Beach Police Department statistics). On September 20,2016,United States Attorney General,Loretta E.Lynch,on behalf of the DOJ, sent a letter to Florida Governor Rick Scott requesting his help in addressing the prescription opioid and heroin epidemic facing the country by strengthening prescription drug monitoring programs and ensuring safe drug disposal.On March 18,2016,the Centers for Disease Control and Prevention created new guidelines for prescribing opioids for chronic pain in order to help curtail the overprescribing of opioids by physicians.The City believes opioid misuse is a contributing factor to the rise in heroin and opioid related overdoses in the City.Therefore,the City supports the recent efforts by the CDC and DOJ to address opioid misuse. If adopted,a copy of this Resolution showing the City’s support will be sent to all cities within Palm Beach County,the Palm Beach County League of Cities,the Florida League of Cities,Governor Rick Scott,Senator Maria Sachs,Representative Bobby Powell,the National League of Cities,Senator Bill Nelson, Senator Marco Rubio, and Congresswoman Lois Frankel. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Printed on 10/26/2016Page 1 of 1 powered by Legistar™ RESOLUTION NO. 55-16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,SUPPORTING THE COMBINED EFFORTS OF THE UNITED STATES CENTER FOR DISEASE CONTROL AND PREVENTION (“CDC”) AND THE DEPARTMENT OF JUSTICE (“DOJ”) TO CURTAIL THE OVERPRESCRIBING OF OPIOIDS BY PHYSICIANS THROUGH MORE PHYSICIAN EDUCATION AS WELL AS BETTER RISK ASSESSMENT OF PATIENTS; STRENGTHENING OF PRESCRIPTION DRUG MONITORING PROGRAMS IN EVERY STATE; AND ENSURING SAFE DRUG DISPOSAL; DIRECTING THE APPROPRIATE CITY OFFICIALS TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO EVERY CITY IN PALM BEACH COUNTY, TO THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS, THE PALM BEACH COUNTY LEAGUE OF CITIES, THE FLORIDA LEAGUE OF CITIES, GOVERNOR RICK SCOTT, SENATOR MARIA SACHS, REPRESENTATIVE BOBBY POWELL, THE NATIONAL LEAGUE OF CITIES, SENATOR BILL NELSON, SENATOR MARCO RUBIO, AND REPRESENTATIVE LOIS FRANKEL; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, recognizes that the heroin and prescription opioid epidemic is one of the most urgent law enforcement and public health challenges facing our country; and WHEREAS, opioids are a class of drugs that includes the illegal drug heroin as well as power pain relievers available by prescription, such as oxycodone (oxycontin), hydrocodone (vicodin), codeine, morphine, fentanyl, methadone, and many others; and WHEREAS, the Department of Health and Human Services recently announced that 3.8 million people ages 12 and older are currently misusing prescription pain relievers in our country; and WHEREAS, in 2014, more than 60% of the 47,000 drug overdose deaths in America involved opioids, reflecting a dramatic increase over the past two decades; and 2 Res No. 55-16 WHEREAS, according to the Centers for Disease Control and Prevention (“CDC”), opioids are commonly prescribed for pain. In fact, an estimated 20% of patients presenting to physician offices with non- cancer pain symptoms or pain-related diagnoses receive an opioid prescription. In 2012 alone, health care providers wrote 259 million prescriptions for opioid pain medication, enough for every adult in the United States to have a bottle of pills; and WHEREAS, opioid pain medication use presents serious risks, including overdose and opioid use disorder. From 1999 to 2014, more than 165,000 persons died from overdose related to opioid pain medication in the United States, and WHEREAS, in the past decade while death rates for the top leading causes of death such as heart disease and cancer have decreased substantially, the death rate associated with opioid pain medication has increased markedly; and WHEREAS, the sales of opioid pain medication have increased in parallel with opioid-related overdose deaths; and WHEREAS, the Drug Abuse Warning Network estimated that greater than 420,000 emergency department visits were related to the misuse or abuse of narcotic pain relievers in 2011, the most recent year for which data is available; and WHEREAS, scientific research has identified high-risk prescribing practices that have contributed to the overdose epidemic; and WHEREAS, observational research showed significant increases in opioid prescriptions for pediatric populations from 2001 to 2010 and a large proportion of adolescents are commonly prescribed opioid pain medications for conditions such as headache and sports injuries; and WHEREAS, use of prescribed opioid pain medication before high school graduation is associated with a 33% increase in the risk of later opioid misuse and misuse of opioid pain medications in adolescence strongly predicts later onset of heroin use. Thus, risk of opioid medication use in pediatric populations is of great concern; and WHEREAS, on the average day: at least 78 people will die from an opioid-related overdose, 3,900 people will use a prescription opioid outside of legitimate medical purposes and supervision, and 580 people will try heroin for the first time. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing “WHEREAS” clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. 3 Res No. 55-16 Section 2. That the Centers for Disease Control and Prevention created the CDC Guideline for Prescribing Opioids for Chronic Pain- United States, 2016 on March 18, 2016 in order to help curtail the overprescribing of opioids by physicians through more physician education as well as better risk and assessment of patients. Section 3. That the Department of Justice (“DOJ”) through United States Attorney General, Loretta E. Lynch, sent a letter to the governor of every state on September 20, 2016 requesting their help in addressing the prescription opioid and heroin epidemic by requesting their assistance in strengthening prescription drug monitoring programs and ensuring safe drug disposal. Section 4. That the City of Delray has seen a dramatic increase in overdose due to heroin and opioids in the past year (more than 100% increase in 2016 over 2015 according to Police Department statistics). Section 5. That the City Commission of the City of Delray Beach supports the combined efforts of the CDC and DOJ in reducing the number of opioid prescriptions and ensuring safe disposal. Section 6. That the City of Delray Beach hereby directs City officials and City staff to take any and all actions necessary to effectuate the intent of this resolution and hereby directs the City Clerk to send a copy of this Resolution to: all cities within Palm Beach County, the Palm Beach County League of Cities, the Florida League of Cities, Governor Rick Scott, Senator Maria Sachs, Representative Bobby Powell, the National League of Cities, Senator Bill Nelson, Senator Marco Rubio, and Congresswoman Lois Frankel. Section 7. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 8.This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED in regular session on the _____ day of ______________, 2016. _____________________________________ M A Y O R Attest: _________________________ City Clerk FOR IMMEDIATE RELEASE Saturday, September 24, 2016 JUSTICE NEWS Department of Justice Ofﬁce of Public Affairs Department of Justice Releases Strategy Memo to Address Prescription Opioid and Heroin Epidemic Attorney General Lynch Announces Support, Calls on Governors to Strengthen PDMP Efforts As part of the Obama Administration’s commitment to address the rising public health challenges caused by the national prescription opioids and heroin epidemic, Attorney General Loretta E. Lynch issued a memo this week announcing the department’s three-part prevention, enforcement and treatment strategy. The memo lays out action items, institutionalizes best practices, and builds on existing efforts by U.S. Attorney’s Ofﬁces, the Drug Enforcement Administration and other Department of Justice components. Additionally, Attorney General Lynch sent a letter to Governors calling on them to strengthen the effectiveness of Prescription Drug Monitoring Programs (PDMPs) and to improve data sharing of vital information from doctors and pharmacists about patient prescriptions—both within states and among neighboring states. To further this effort, the department also announced an $8.8 million grant to 20 states to help reduce prescription drug abuse, misuse and diversion. The awards, funded under the Bureau of Justice Assistance (BJA)’s Harold Rogers Prescription Drug Monitoring Program FY 2016 Competitive Grant Program, enable awardees to create, implement and enhance PDMPs. A fact sheet of the strategy memo is outlined below. FACT SHEET ON THE DEPARTMENT OF JUSTICE STRATEGY MEMO TO ADDRESS PRESCRIPTION OPIOID ABUSE AND HEROIN EPIDEMIC THROUGH PREVENTION, ENFORCEMENT, AND TREATMENT The heroin and prescription opioid epidemic is one of the most urgent law enforcement and public health challenges facing our country. The Department of Health and Human Services recently announced that 3.8 million people ages 12 and older are currently misusing prescription pain relievers in our country. In 2014, more than sixty percent of the 47,000 drug overdose deaths in America involved opioids, reﬂecting a dramatic increase over the past two decades. The Department of Justice memo to federal prosecutors identiﬁes some of the key action items that the department is taking now or will take in the near future to combat the prescription opioid and heroin epidemic as part of the Obama Administration’s overall strategy to address the opioid epidemic. While the epidemic is a national problem, the department has and will continue to tailor efforts to the needs of each region, implemented by those who know their communities best. PREVENTION Action Items: Strengthen Prescription Drug Monitoring Programs (PDMPs) The Bureau of Justice Assistance (BJA) will prioritize requests for Harold Rogers PDMP Grant Program funding that involve the development and implementation of information exchanges between state PDMPs (or between PDMPs and other data sharing partners). BJA will develop and promote the use of “report cards” and other reports to alert prescribers about potentially inappropriate prescribing practices and encourage use of the PDMP. The Ofﬁce of Justice Programs (OJP) will study the need for the creation of new grant programs or the modiﬁcation of existing programs to promote formulation of timely, cleaned, de-identiﬁed PDMP information and other public data sets that are fully accessible by public health and law enforcement ofﬁcials. Action Items: Ensure Safe Drug Disposal The Drug Enforcement Administration (DEA) will expand efforts to develop community coalitions to help prevent the diversion of unused prescription opioids from homes. The DEA will work with federal, state, local and tribal law enforcement and public health ofﬁcials to develop “mobile” pick-up programs, which will be designed to make take-back options available to rural and underserved communities through coordinated regional efforts. The DEA will expand efforts to engage retail pharmacies seeking to establish permanent collection receptacles. Action Items: Prevent Overdose Deaths with Naloxone BJA will promote the use of its “Law Enforcement Naloxone Toolkit” by all state, local and tribal law enforcement agencies throughout the country that do not already have a naloxone program. OJP will develop plans for continuing to expand access to naloxone and for enhancing information sharing regarding the effectiveness of naloxone programs. ENFORCEMENT Action Items: Investigate and Prosecute High-Impact Cases Directing the department’s resources towards the greatest threats, including but not limited to individuals and institutions responsible for the trafﬁcking of heroin and fentanyl, those who improperly prescribe or divert opioids and those who use violence to further drug-trafﬁcking activities. Action Items: Enhance Regulatory Enforcement The DEA will develop metrics for measuring the effectiveness of its expanded regulatory efforts and use these metrics to reﬁne its regulatory efforts. The DEA will expand engagement with the registrant community, especially manufacturers, doctors and pharmacists who handle opioid analgesics. Action Items: Encourage Information Sharing The DEA and the Organized Crime Drug Enforcement Task Force (OCDETF) will partner with federal, state, local and tribal law enforcement and public health partners to better facilitate information sharing through the use of investigative de-conﬂiction tools, including the DEA Analysis and Response Tracking System (DARTS) and the De-conﬂiction and Information Coordination Effort (DICE), as well as other information coordination systems, in coordination with DEA’s Special Operations Division, the OCDETF Fusion Center and the El Paso Intelligence Center (EPIC), with the goal of sharing de-identiﬁed, real-time data between public health and public safety, when feasible, to reach maximum harm reduction in communities. The Community Oriented Policing Services (COPS) Ofﬁce will require its grant recipients to share with the OCDETF Fusion Center relevant law enforcement information collected as a result of such funding. The DEA will expand its Drug/Heroin Data Capture project, a three-part data collection and sharing initiative, based at EPIC. The DEA will convene pathologist, toxicologists, medical examiners and state ofﬁcials to better understand the challenges faced by overburdened state systems as those resource capabilities inform investigative and prosecutorial resource decisions and to assist those systems when possible. Fund Enforcement-Related Research The National Institute of Justice (NIJ) will expand its study of the forensic analysis of evidence from medico-legal death investigations and law enforcement seizures, to develop proﬁles for fentanyl and other controlled substances to inform trend analysis and provide tactical intelligence. NIJ will conduct research on drug intelligence and community surveillance, which are crucial to understanding drug markets and use trends, identifying drug deterrent and interdiction opportunities and pursuing organized crime targets. TREATMENT Share Best Practices for Early Intervention BJA and COPS will highlight and promote successful models where law enforcement is assisting individuals who have overdosed by directing them to treatment programs, as well as connecting individuals who voluntarily seek help from law enforcement to treatment. Support Medication-Assisted Treatment (MAT) In the near term, subject to funding, the department will support medication-assisted treatment by taking the following step: the Bureau of Prison (BOP) will commit to implementing a nationwide plan to expand medication-assisted treatment to all Residential Reentry Centers. Promote Treatment Options Throughout the Criminal Justice System In the near term, the department will support criminal justice system treatment models by taking the following steps: The National Institute of Corrections will draft and release a document for state, local and tribal correctional agencies compiling research and best practices for residential substance abuse treatment programs. BJA will draft and publicly release a document that highlights promising initiatives in communities throughout the United States that address the treatment needs of individuals with opioid use disorders who enter the criminal justice system. To combat the opioid epidemic, the department’s components must work together and with other federal, state, local and tribal agencies to seek a comprehensive solution. The strategy outlined in the U.S. Attorney memo, expressed in the Attorney General’s letter to Governors and made possible through grants like BJA’s Harold Rogers Prescription Drug Monitoring Program FY 2016 Competitive Grant Program, embraces an approach that focuses on prevention, enforcement and treatment, and identiﬁes next steps that are immediately actionable. For more on opioid week, please visit: https://www.justice.gov/opioidawareness/heroin-opioid-awareness-week. 16-1090 Ofﬁce of the Attorney General ~fffre of t~e 1\ttorncl! Q?)encral llas4ington. il. QI. 20,530 September 20, 2016 Dear Governor: President Obama has designated September 18-23, 2016 as Prescription Opioid and Heroin Epidemic Awareness Week to bring attention to the urgent public health and public safety challenge facing States and Tribes throughout the nation. This week, I and other Justice Department officials, as well as U.S. Attorney's Offices across the country, will participate in over 250 different events highlighting the Department's strategy to combat the crisis. This strategy, part of the Administration's comprehensive public health approach to reduce opioid misuse, addiction, and overdose, is focused on three pillars: prevention, enforcement, and treatment (www.justice.gov/opioidawareness). Prescription opioid and heroin overdoses are exacting a significant toll on communities across our nation, and each and every day, our federal, State, local and tribal partners play a vital role in responding to this crisis. I thank you for all of the efforts you have made toward addressing the opioid epidemic within your State and region. I am especially grateful for the hard work and leadership of the National Governor's Association (NGA), which recently released for states a road map for response on this issue. 1 I am writing to highlight what is widely considered to be one of the most effective tools States have to respond to the opioid epidemic: prescription drug monitoring programs (PDMPs). PDMPs collect, monitor, and analyze electronically transmitted prescribing and dispensing data submitted by pharmacies and dispensing practitioners. PDMPs can assist prescribers, dispensers, and other healthcare professionals in making the best clinical decisions for their patients. They also have been shown to reduce adverse drug interactions, and to help health care professionals identify patients who may be in need of substance use treatment. Law enforcement and regulatory/licensing board officials utilize PDMP information, under appropriate circumstances, to further their investigations of suspected violations of controlled substance laws and compliance with regulatory/licensing board practice standards. Although PD MPs show great promise, more can be done to maximize their benefits to patients and society. Below are a set of key PDMP best practices that align with the NGA's 2016 road map for responding to the opioid and heroin crisis and the Administration's broader public health efforts. I urge you to review and incorporate these PDMP best practices, if your State has not already done so: 1 See http://www.nga.org/files/live/sites/NGA/files/pdf/2016/1607NGAOpioidRoadMap.pdf. Page 2 • Require prescribers and dispensers of Schedule II, III and IV drugs to register with the PDMP and check the PDMP before prescribing or dispensing any Schedule II, III and IV drugs. In many States, PDMPs remain underutilized, limiting their impact and effectiveness on the prescription drug abuse epidemic. Thirty States have a mandatory enrollment requirement for prescribers and/or dispensers, but not all States actually require prescribers and/or dispensers to check the PDMP before issuing prescriptions. Requiring all prescribers with a DEA or State-controlled substance registration number and all State licensed pharmacists to register with the PDMP would strengthen the impact of these important programs. Integrating PDMP registration into the prescriber and pharmacist registration, licensing, and renewal process is an effective means of automating this process. As of August 2016, 33 States have mandatory use requirements for prescribers and dispensers in certain circumstances. A common complaint from the healthcare provider community is that accessing PDMP information can be difficult and time-consuming. Across the country, many PD MPs are actively taking steps to integrate PDMP data with health information exchanges (HIEs) and electronic health record systems (EHRs) so prescribers can access a patient's PDMP report within their normal clinical workflow. Allowing physicians and dispensers to appoint "delegates" or staff from their practice to access PDMP data on their behalf is also an effective means of achieving compliance with this requirement. Forty-eight States and Washington D.C. allow some form of delegate access. • Proactively use PDMP data for clinical, enforcement and education purposes. A majority of States have the legal authority to use their PDMP data to provide what is known as proactive unsolicited reports or alerts to prescribers, licensing/regulatory boards, or law enforcement-under appropriate circumstances-although not all States that have this authority engage in this best practice. Examples of unsolicited reports include notifying prescribers or dispensers of patients who have been identified as possible high-risk patients as well as notifying law enforcement and/or the licensing boards of prescribers or dispensers operating outside of accepted medical practice. The use of prescriber "report cards" is another type of unsolicited report that is a promising practice. This type of educational report is generated by a PDMP and made available upon request to prescribers or proactively sent to prescribers. The report provides a summary of an individual healthcare provider's prescribing history, including their ranking compared to the "average" prescriber of their same specialty, and a summary or graphical representation of the provider's prescribing history. The report card may also include a condensed description of patient prescription records, risk status, and other clinically relevant information. As part of the Department's strategy to combat the heroin and opioid crisis, I have directed the Department's Bureau of Justice Assistance (BJA) to promote the use of "report cards" and other reports to alert prescribers about potentially inappropriate prescribing and use practices and to encourage routine use of PD MPs. For more information on prescriber report cards, please visit www.pdmpassist.org . Page 3 • Establish multi-disciplinary action teams comprised of PDMP administrators, public health experts, substance use treatment providers, law enforcement and other key stakeholders to identify communities with elevated risk for overdose death and implement targeted strategies to lower that risk Effectively addressing the opioid crisis requires a comprehensive approach and a collaborative information-sharing environment that complies with privacy laws and regulations. BJA has supported the development of pilot projects across the nation that are leveraging key data sets (e.g. de-identified PDMP data, naloxone administrations, fatal and non-fatal overdose data, drug arrests, etc.) to create a holistic view of the environment, examine the impact of various policies and procedures on patient and community-level outcomes, and implement proven practices on a larger scale. • Encourage PDMP interoperability between States. The success of a State's PDMP program will be limited if residents can simply cross State lines to obtain prescriptions elsewhere. One of the most effective ways to combat this problem is by encouraging interoperability between PDMP programs, so that doctors and pharmacists who query a State registry can see whether a patient has obtained prescriptions in a neighboring State. ***** We all must do our part to successfully reduce opioid misuse, addiction, and overdose. I urge you to consider adopting these best practices in your State, if you have not already done so. And because PDMPs are so important to our shared mission, the Department of Justice stands ready to assist you. BJA's Harold Rogers PDMP competitive grant program provides funding to States to implement PDMP best practices, and to address multi-disciplinary information-sharing projects related to opioid abuse (www.bja.gov). In addition, the PDMP Training and Technical Assistance Center (www.pdmpassist.org), which BJA funds, is available to assist with the training and technical assistance you may need. Finally, the BJA National Training and Technical Assistance Center (BJA NTT AC) is available to provide or connect you with the expertise you may need to implement the best practices outlined above at no cost to your State. BJA NTTAC connects State, local, and tribal justice agencies with specialized national experts to address critical training or technical assistance needs. BJA NTTAC provides both onsite and virtual assistance on a wide variety of criminal justice issues, including assistance to address the opioid epidemic. Requests for training or technical assistance can be submitted online (www.bjatraining.org) and services provided can include providing assistance with program implementation, training, and offering peer-to-peer opportunities. Thank you for your leadership on this vital issue. Working together, we will ensure we are doing all we can to effectively address this national health crisis. Sincerely, Loretta E. Lynch Attorney General City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-1037,Version:1 TO: Mayor and Commissioners FROM: Michael Coleman, Director of Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: November 1, 2016 CHANGE ORDER NO. 1 TO THE AGREEMENT WITH CJ CONTRACTING LLC FOR HOUSING REHABILITATION AT 38 N.W. 11TH AVENUE Recommended Action: Motion to Approve Change Order No. 1 to the Agreement with CJ Contracting, LLC in the amount of $1,700.00 to complete a housing rehabilitation project for the property located at 38 N.W. 11th Avenue, Delray Beach, Florida. Background: On March 1, 2016, Commission approved a housing rehabilitation grant award in the amount of $35,128.20 under the Residential Construction Mitigation and Community Development Block Grant (CDBG) programs to complete work necessary to bring the above-referenced home to minimum code requirements by repairing the roof, electric, plumbing systems and correcting other incipient code violations. During the project, it was discovered that additional work was necessary in order to properly address all plumbing issues and include additional safety measures. The negotiated costs for the additional work from the contractor, CJ Contracting, totals $1,700.00 which brings the total cost of the project to $36,828.20. Grant awards are based on the actual cost of the rehabilitation. This request complies with the Code of Ordinances, Chapter 36, Section 36.06 (A)(2), "Change Orders Within the Scope of Work". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Residential Construction Mitigation Program 118-1936-554-49.19 $ 15,019.10 Community Development Block Grant 118-1963-554-49.19 $ 21,809.10 Timing of Request: Project is currently in progress and near completion. City of Delray Beach Printed on 10/26/2016Page 1 of 2 powered by Legistar™ File #:16-1037,Version:1 City of Delray Beach Printed on 10/26/2016Page 2 of 2 powered by Legistar™ BID/QUOTE #: BID # 2016-46 APPLICANT: PROJECT ADDRESS: DATE OF BID LETTERS: February 3, 2015 DATE OF BID OPENING: January 12, 2016 GENERAL CONTRACTORS BID AMOUNT BID BOND CJ Contracting, LLC 35,090.00$ YES Grelite Corporation 73,609.20$ NO In-House Estimate:30,932.36$ RECOMMENDED CONTRACTOR:CJ CONTRACTING, LLC. CDBG RCMP BID/CONTRACT AMOUNT :19,190.00$ 15,900.00$ No Contingency -$ -$ 19,190.00$ 15,900.00$ 35,090.00$ Lead Inspection - N/A Lead Clearance N/A N/A Termite Inspection N/A N/A Termite Treatment -$ N/A Engineering Plans N/A N/A Recording Fees 19.10$ 19.10 GRANT CONTRACT AMOUNT 19,209.10$ 15,919.10$ 900.00$ (900.00)$ Previous Reimbursement 20,109.10$ 15,019.10$ Change Order 1,700.00$ Total Reimbursement 21,809.10 15,019.10$ FUNDING SOURCE:Community Development Block Grant (CDBG) Account #118-1963-554-49.19 FUNDING SOURCE:Residential Construction Mitigation Program (RCMP) Account #118-1936-554-49.19 36,828.20$ COMMENTS:Staff recommends approving change order in the amount of $1700.00 for work identified within change order attached. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET REV. 1 David & Georgiana Rolle 38 NW 11th Ave Total Rehab Cost City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-974,Version:1 TO: Mayor and Commissioners FROM: Michael Coleman, Director of Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: November 1, 2016 INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR FUNDING CITY DEMOLITIONS OF BLIGHTED AND UNSAFE STRUCTURES Recommended Action: Motion to Approve an Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) in the amount of $50,000.00 for funding City demolitions of blighted and unsafe structures located in the CRA District for Fiscal Year 2016-2017. Background: During the FY 2016-17 budget review process, the City and CRA staff discussed the number of blighted structures that have either been cited by the Code Enforcement Division or posted as an unsafe structure by the Chief Building Official. The structures are mostly single family and duplex structures located within the CRA District in the Northwest and Southwest neighborhoods. While a list of 10 properties has been identified, staff is working on the eligabilty therefore exact addresses cannot be provided at this time. Due to inadequate funds to demolish the structures each fiscal year, the CRA would like to enter into another interlocal to continue to support the City's efforts to eliminate blighted and unsafe structures. The CRA has budgeted $50,000 for this purpose within the CRA District for FY 2016-17. The demolitions will be administered by the Code Enforcement/Neighborhood Services Division and coordinated through the Chief Building Official. The CRA shall make payments to the City within 45 days of the receipt of an invoice from the City, which is associated with the demolition of a structure declared to be unsafe by the City’s Chief Building Official and located within the Community Redevelopment Area.The term of the Agreement is for one year up to and including September 2017 with the option to renew every year thereafter provided that funding is included in the budget and is approved.This is the second year of this funding and the City has demolished two structures.Three were delayed due to outside obstacles which have since been cleared.The CRA will evaluate the Agreement prior to the end of the fiscal year to determine if any changes are necessary and report its findings back to the City. The CRA’s Attorney prepared the Agreement, which was approved by the CRA Board at its meeting on September 8, 2016. Funding to be added at mid-year amendment. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Printed on 10/26/2016Page 1 of 2 powered by Legistar™ File #:16-974,Version:1 Finance Department Review: Finance recommends approval. Funding Source: Community Redevelopment Agency 118-1930-554-34.35 Timing of Request: ILA terms have a deadline of September 30, 2017 to expend and request reimbursement of funds . City of Delray Beach Printed on 10/26/2016Page 2 of 2 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-1038,Version:1 TO: Mayor and Commissioners FROM: Michael Coleman, Director Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: November 1, 2016 DELRAY READS DAY! PROCLAMATION Recommended Action: Proclamation for Delray Reads Day November 17, 2016. Background: The City of Delray Beach would like to recognize November 17, 2016 as the fifth annual Delray Reads Day! City of Delray Beach Printed on 10/26/2016Page 1 of 1 powered by Legistar™ WHEREAS,the City of Delray Beach has joined a national call to action for the Campaign for Grade Level Reading to help students be proficient readers by 3rd grade; and WHEREAS,learning to read is the most essential and fundamental skill for academic achievement and future success of a child; and WHEREAS, the third-grade reading milestone is important as after third grade, students pivot from learning to read to reading to learn; and WHEREAS,community leaders, educators, policy makers, businesses, parents, and volunteers are encouraged to work together to raise awareness of the importance of literacy and join our Campaign for Grade Level Reading; and WHEREAS,the City of Delray Beach is proud to promote the importance of literacy by designating November 17, 2016 as Delray Reads Day. NOW, THEREFORE, I CARY GLICKSTEIN,Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and the Citizens of Delray Beach, do hereby proclaim November 17,2016 as: Delray Reads Day! 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 1st day November 2016 __________________________ Cary Glickstein Mayor City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-1032,Version:1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning, Zoning and Building Director THROUGH: Donald B. Cooper, City Manager DATE: November 1, 2016 REPORT OF APPEALABLE LAND USE ITEMS SEPTEMBER 19, 2016 THROUGH OCTOBER 7, 2016 Recommended Action: Motion to Receive and file this report. Background: Section 2.4.7(E),Appeals,of the Land Development Regulations applies.This is the method of informing the City Commission of the land use actions which may be appealed to the City Commission.After this meeting,the Commission’s appeal opportunity shall expire.An appeal by an aggrieved party must be made within 10 working days of the action. To appeal: ·The item must be raised by a Commission member. ·By motion,an affirmative action must be taken to place the item on the next available meeting of the Commission as an appealed item. During the specified period,Site Plan Review and Appearance Board and Historic Preservation Board considered the projects noted below.For the items below,a project report including the Board Staff Report is attached.No other Boards took action on any appealable applications during this period. SITE PLAN REVIEW AND APPEARANCE BOARD ITEM A.THE CHLOE BUILDING, 133, 135, 137 East Atlantic Avenue Request:Class I Site Plan Modification associated with architectural elevation changes requesting upgrades to the east,south and west elevations of the two-story building including replacement and introduction of new windows and openings, addition of new awnings and change in façade colors. Board Action:Approved the Class I Site Plan Modification on a 4 to 1 vote (Vlad Dumitrescu dissented and Linda Purdo-Enochs absent). HISTORIC PRESERVATION BOARD ITEM B.OLD SCHOOL SQUARE, 51 North Swinton Avenue Request:Certificate of Appropriateness request for color changes to the Old School Square complex, and a roof material change for the Cornell Museum Board Action:Approved the Certificate of Appropriateness on a 5 to 0 vote (Andrea City of Delray Beach Printed on 10/26/2016Page 1 of 2 powered by Legistar™ File #:16-1032,Version:1 Board Action:Approved the Certificate of Appropriateness on a 5 to 0 vote (Andrea Harden and Angela Budano absent) Attachments: ·The Chloe Building ·Old School Square City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: N/A Funding Source: N/A Timing of Request: Action must be taken by the City Commission at the next available meeting City of Delray Beach Printed on 10/26/2016Page 2 of 2 powered by Legistar™ Planning, Zoning, and Building Department BOARD ACTION REPORT – APPEALABLE ITEM Project Name: Old School Square Project Location: 51 North Swinton Avenue Request: Certificate of Appropriateness (COA) for like-kind repairs and repainting. Board: Historic Preservation Board Meeting Date: July 6 , 2016 Board Action: Approved the request on a 5 to 0 vote (Harden and Budano absent) Project Description: Old School Square is located on the east side of North Swinton Avenue between East Atlantic Avenue and NE 1st Street within the Old School Square Historic District. The property is located on the National Register of Historic Places. The request is for like- kind roof and stucco repair, as well as repainting all structures on the site. Staff supported the request as submitted. NOTE: For like-kind repair and replacement there are not Staff Reports provided to the Board. Board comments: The Board comments were supportive; the Board recommended the use of aluminum doors instead of steel doors. Public Comments: No members of the public spoke for or against the project. Associated Actions: All required actions were taken. Next Action: HPB action is final unless appealed by the City Commission. HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: September 21, 2016 ITEM: 51 North Swinton Avenue, Old School Square Historic District (2016-271) – consideration of a Certificate of Appropriateness (COA) for exterior colors, awning changes to the Old School Square Complex, and a roofing material change to the Cornell Museum (fka Delray Elementary School) located at 51 North Swinton Avenue, Old School Square, Old School Square Historic District. RECOMMENDATION: Approve. GENERAL DATA: Owner/Applicant..................... City of Delray Beach Location................................. East side of North Swinton Avenue between East Atlantic Avenue and NE 1st Street Zoning District........................ Old School Square Historic Arts District (OSSHAD) ITEM BEFORE THE BOARD The item before the Board is consideration of a Certificate of Appropriateness (COA) for exterior colors, awning changes to the Old School Square Complex, and a roofing material change to the Cornell Museum (fka Delray Elementary School) located at 51 North Swinton Avenue, Old School Square, Old School Square Historic District, pursuant to LDR Section 2.4.6(H). BACKGROUND/PROJECT DESCRIPTION The subject property consists of Old School Square Parcel 1, and is located within the OSSHAD (Old School Square Historic Arts District) zoning district. The property, which consists of the original circa 1913 Cornell Museum Building (fka Delray Elementary School), the circa 1925 Crest Theatre (fka Delray High School), and the circa 1925 Gymnasium, is listed on the National Register of Historic Places. In 1990, City approved the site plans to provide for the adaptive reuse and renovation of the historic structures. The proposal included conversion of the former elementary school to a museum, the former high school to a visual and performing arts center and theater, and the gymnasium to event space. The current request is to repaint the Crest Theater, Amphitheater, Gymnasium, Cornell Museum and Concession Building from the existing color scheme to the scheme listed below. The three awnings will be changed from teal to a terra cotta vinyl. Additionally, the roofs for the Crest Theater, Amphitheater, Gymnasium, and the Cornell Museum will be replaced due to their age and condition of the roofing systems. The roof on the Cornell Museum, however, will be replaced with a metal diamond tile in a slate grey finish. As the subject property is listed on the National Register of Historic Places, the State of Florida’s Division of Historical Resources is presently being consulted regarding the subject alterations. This correspondence will be available at the meeting. RECOMMENDATION Approve the Certificate of Appropriateness for color and awning changes to the Old School Square Complex, and a roof material change to the Cornell Museum (fka Delray Elementary School) located at 51 North Swinton Avenue, Old School Square, Old School Square Historic District, as presented with the following details: 1. Exterior Trim and Main Colors: Base Color of Stucco (Body) – SW 6644 Champagne Ceilings – SW 7000 Ibis White Soffits – SW 6437 Haven Window Frame – SW 7000 Ibis White “OR” SW 6437 Haven (Frame) AND SW 6436 Bonsai Tint (Masonry Returns) 2. Awnings: Terra Cotta Vinyl 3. Roofing Material and Finish: Metal Slate Grey (20) Report Prepared by: Isaac Kovner, City Engineer 51 North Swinton Avenue, Old School Square Historic District 51 North Swinton Avenue, Old School Square Historic District 51 North Swinton Avenue, Old School Square Historic District 51 North Swinton Avenue, Old School Square Historic District 51 North Swinton Avenue, Old School Square Historic District 1930 1913 51 North Swinton Avenue, Old School Square Historic District Proposed Colors 51 North Swinton Avenue, Old School Square Historic District Proposed Roof: Aluminum Metal Tile in Slate Grey Example: Slate Grey Roof Tile Existing Roof 51 North Swinton Avenue, Old School Square Historic District Existing Awnings: Color Change to Terra Cotta Existing Awnings: Like-kind replacement City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-1041,Version:1 TO: Mayor and Commissioners FROM: Timothy Stillings, Director of Planning, Zoning & Building THROUGH: Donald B. Cooper, City Manager DATE: November 1, 2016 REQUEST FOR IN-LIEU FOR PARKING FEE AGREEMENT FOR CUT 432 RESTAURANT (QUASI-JUDICIAL HEARING) Recommended Action: Motion to Approve In-Lieu for Parking Fee request in the amount of $165,620.00 for 7 parking spaces associated with the use conversion of a retail space to restaurant, subject to the condition that the in- lieu fee be paid in full upon issuance of a building permit, 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 Section 4.6.9(E) of the Land Development Regulations for the property at 428 East Atlantic Avenue (located adjacent and immediately west of the existing Cut 432 Restaurant). Background: The Parking Management Advisory Board (PMAB) considered the in-lieu fee request for 7 parking spaces ($165,620.00) at its meeting of August 30, 2016 and recommended approval without conditions. The 428 East Atlantic Avenue property is located on the south side of East Atlantic Avenue, just west of NE 5th Avenue within the Central Core Sub District of the Central Business District (CBD). The proposed modification request consists of the conversion of a retail tenant space to restaurant to accommodate the expansion of the Cut 432 Restaurant into the adjacent bay to the west. Pursuant to Land Development Regulations (LDR) Section 4.4.13(L), the requirement for the minimum number of parking spaces for commercial uses in the Atlantic Avenue Parking District is 1 space per 500 sq.ft. of gross floor area, and for restaurant use is 12 spaces per 1,000 for the first 6,000 sq.ft. Pursuant to LDR Section 4.6.9(E)(3)(b), based upon the location of this property in the CBD, the in-lieu fee is $23,660 per space (Area 1). The site is vested for a total of 1 space (687sq.ft./500= 1.37 rounded to 1 parking space) based upon the previously established retail use. The proposed conversion of 669 sq. ft. (decrease of 18 sq. ft. after renovations) will require a minimum of 8 parking spaces (669/1,000x12 = 8.02 rounded to 8 parking spaces). Therefore, the proposed conversion will require a minimum of 7 parking spaces taking into consideration the total of 1 vested space (8 required - 1 vested = 7 spaces required). Attachments: In- Lieu Parking Agreement; City of Delray Beach Printed on 10/26/2016Page 1 of 2 powered by Legistar™ File #:16-1041,Version:1 August 30th PMAB Minutes (Draft); Proposed Site Plan, Floor Plan and Elevation Plans; Board Order. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. City of Delray Beach Printed on 10/26/2016Page 2 of 2 powered by Legistar™ PARKING MANAGEMENT ADVISORY BOARD MINUTES THURSDAY, AUGUST 30, 2016, 5:30 P.M. ENVIRONMENTAL SERVICES DEPARTMENT BOARD ROOM MEMBERS PRESENT: MEMBERS ABSENT: Bruce Gimmy Steve Mackey Fran Marincola Cynthia Freeburn William Morse Daniel Rose Annie Roof Albert Richwagen Kevin Warner Peter Perri STAFF PRESENT: Jorge Alarcon, Chief Parking Facilities Administrator Scott Pape, Planning & Zoning Principal Planner Debora Slaski, Planning & Zoning Assistant Planner Missie Barletto, Assistant Environmental Services Director Michael Coleman, Community Improvement Director GUESTS/OTHERS: Laura Simon, Downtown Development Authority Executive Director Alexandra Farnsworth Brandon Belluscio George Briwer I. CALL TO ORDER: The meeting was called to order by Chairperson, Mr. Bruce Gimmy, at 5:30 p.m. II. APPROVAL OF THE AGENDA: Mr. Gimmy asked that the agenda be amended to add election of Officers. Mr. Morris made a motion to approve the amended agenda, seconded by Ms. Adkins-Roof. Said motion passed unanimously. III. APPROVAL OF THE MINUTES: July 26, 2016 Minutes were deferred. IV. COMMENTS BY CITIZEN: (non-agenda items) None. V. OLD BUSINESS: A. Multi-Space Smart Parking Meters Request for Proposal (RFP): Parking Management Advisory Board August 30, 2016 Meeting Minutes Page 2 Mr. Alarcon stated that the new Request for Proposal (RFP) for multi-space smart parking meters was presented for approval to the City Commission on August 23, 2016. At this time, board members had a brief discussion. B. Employee Parking Pilot Program: Ms. Simon, Downtown Development Authority Executive Director stated that three hundred and twenty (320) registration form were distributed to thirteen (13) different restaurants; very few permit has been sold. Ms. Simon will be conducting meetings and one on one with restaurants to encourage participation on the program; overnight parking, transportation to the garage and the cost of the permit are some of the factors for the lack of participation. In addition, the Police Department in conjunction with the Environmental Service Department are placing signage south of Atlantic Avenue reflecting a two (2) hour parking area to encourage the Employee Parking Program. Ms. Barletto stated that pilot programs are design for change. Mr. Perri moved to approve to launch the Employee Parking Program on September 1, 2016. The motion was seconded by Mr. Marincola. Motion passed 5-1 (Mr. Warner dissenting) C. Capital One Café: Item approved by the Planning & Zoning and Site Plan Review and Appearance Board. D. Green Owl Restaurant Parking: Item approved by the Planning & Zoning and Site Plan Review and Appearance Board. At this time, a discussion ensued. VI. NEW BUSINESS: A. Planning & Zoning Vote: Mr. Gimmy gave a brief update regarding the Planning and Zoning Board meeting. B. Gladiola Parking Garage-Conceptual Ideas: At this time, the board had a discussion. Mr. Marincola moved to recommend to the Planning & Zoning Board and the City Commission to expedite the Gladiola Parking Garage project. The motion was seconded by Mr. Morris. Motion passed 5-1 (Mr. Warner dissenting) Parking Management Advisory Board August 30, 2016 Meeting Minutes Page 3 C. Coastal Link Parking Garage-Conceptual Ideas: At this time, the board had a discussion. Mr. Marincola moved to recommend to the Planning & Zoning Department to provide update on the Coastal Link Parking Garage project. The motion was seconded by Mr. Morris. Motion passed 4-2 (Mr. Warner and Mr. Perri dissenting) D. Parking Garage Hours of Enforcement: The Board had a consensus to change the Parking Garage hours of Enforcement from 4:00 p.m. to 2:00 p.m. Mr. Morgan stated that no approval is required. E. In-Lieu of Parking Request for Cut432 Restaurant: The applicant submitted a Class III Site Plan Modification for an In-Lieu for parking fee request for seven (7) parking spaces. The subject property is located on the south side of East Atlantic Avenue, just west of NE 5th Avenue in the Central Business District (CBD). The proposed development consists of the expansion and conversion of a retail tenant space to restaurant. Per the Land Development Regulations LDR table 4.4.13 (L), the proposed conversion to restaurant is required to have a minimum of eight (8) parking spaces for the proposed 669 square feet. (12 spaces per 1,000 sf. of gross floor area) The existing 687 square feet retail tenant space is credited with 1.37 parking spaces (5 spaces per 1,000 square feet of gross floor area). Thus, pursuant to the LDR Section 4.6.9 (E)(3)(b)(1), this development proposal is required to provide a minimum of seven (7) parking spaces totaling $165,620.00 (Area 1: $23,660 per space). At this time, the board had a discussion regarding the parking spaces. Mr. Marincola moved to approve the request from Cut432 Restaurant for the purchase of seven (7) parking spaces. The motion was seconded by Mr. Perri. Motion passed 6-0. F. Election of Chair and Vice Chair: A motion was made to nominate Mr. Marincola as Chairperson seconded by Mr. Warner. Said motion passed unanimously. Mr. Marincola made a motion to nominate Mr. Warner as Vice Chairperson seconded by Ms. Roof. Said motion passed unanimously. VII. COMMITTEE REPORTS ON PARKING RELATED ISSUES: Board members presented a brief status report of items taking place on their respective Boards. The board had a discussion regarding overall parking issues. Parking Management Advisory Board August 30, 2016 Meeting Minutes Page 4 V. NON-AGENDA ITEMS: A. Comments by Board Members None. B. Comments by Staff None. There being no further business, Mr. Gimmy declared the meeting adjourned at 7:00 p.m. ________________________ Advisory Board Liaison The undersigned is the Secretary of the Parking Management Advisory Board and the information provided herein is the minutes of the meeting of said Parking Management Advisory Board on August 30, 2016, which minutes were formally approved and adopted by the Board on _____________, 2016. ATTEST: _________________________ CHAIR _______________________________ Advisory Board Liaison 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 Parking Management Advisory Board. They will become official minutes only after review and approval, which may involve some amendmen ts, additions or deletions. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR CUT 432 RESTAURANT 1.This in lieu parking fee request for the purchase of 7 parking spaces in- lieu has come before the City Commission on November 1, 2016. 2.The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the In Lieu Parking Fee request for Cut 432 Restaurant located on the south side of East Atlantic Avenue, just west of NE 5 th Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I.IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required due to expansions of use to an existing building, and it is impossible or inappropriate to provide such parking, the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. Does the In Lieu Parking Fee request for the purchase of 7 parking spaces in-lieu meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? At $23,660.00 per space totaling $165,620.00. The full payment is due upon issuance of a building permit. Yes______No______ 3.The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the 2 Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 4.The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5.Based on the entire record before it, the City Commission approves ___ denies ____ the in lieu parking fee request as set forth above. 6.Based on the entire record before it, the City Commission hereby adopts this Order this 1st day of November, 2016, by a vote of _____ in favor and ____ opposed. ________________________________ Cary D. Glickstein, Mayor ATTEST: ________________________________ Chevelle Nubin, City Clerk City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-1068,Version:1 TO: Mayor and Commissioners FROM: Janice Rustin, Interim City Attorney DATE: November 1, 2016 TRI-PARTY AGREEMENT BY AND AMONG THE CITY OF DELRAY BEACH, FLORIDA, CITY OF DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, AND DELRAY BEACH HOLDINGS, LLC Recommended Action: Motion to Approve the Tri-Party Agreement By and Among the City of Delray Beach Florida,Delray Beach Community Redevelopment Agency, and Delray Beach Holdings LLC. Background: On March 15,2016,the City Commission approved the final subdivision plat and site plan waivers for the iPIC development,subject to certain conditions related to the valet parking,alley use and traffic flow on SE 5th Avenue. The Tri-Party Agreement between the City,the CRA and Delray Beach Holdings,(the Developer of the iPIC project)memorializes these conditions of approval and conditions of the Purchase and Sale Agreement with the CRA.Specifically,the Tri-Party Agreement contains the following obligations of the parties: CRA’s obligation to reconvey the alley to the City: As part of the development approval process,the City abandoned the north-south alley on the site. The agreement provides as follows: ·If the CRA and Developer do not close on the sale of the property,the CRA must reconvey the alley back to the City within 45 days of the termination date of the purchase and sale agreement. ·If the CRA and Developer close on the sale of the property,but the Developer does not commence construction 180 days after closing,under the Purchase and Sale agreement,the CRA has the right to repurchase the property.If the CRA exercises its right,it must reconvey the alley back to the City within 15 days after it reacquires title to the property. Developers Obligation to create 90 public parking spaces As a of closing on the property with CRA,the Developer must execute and record a Parking Facilities Easement Agreement (PFA)that reserves the public’s right to use 90 public spaces in the garage that is being constructed.Under the Tri-Party Agreement,the Developer must provide to the City of Delray Beach Printed on 10/26/2016Page 1 of 2 powered by Legistar™ File #:16-1068,Version:1 garage that is being constructed.Under the Tri-Party Agreement,the Developer must provide to the City a performance bond to ensure that construction of the Parking Garage Facility is completed in accordance with the site plan. Developers’ Obligation to create a Vehicle Operations Plan This agreement provides that as a condition of closing,the Developer must record a covenant that contains a City-approved Vehicle Operations Plan.The plan must provide for policies and rules which promotes for operation and management of the Parking garage and all vehicle-related features including traffic in the east-west alley,Developer’s obligation to prohibit illegal drop-offs on SE 5th Avenue,and a comprehensive valet parking plan.The Vehicle Operations Plan must be approved by the City Manager,upon positive recommendation from staff and an independent parking management or traffic specialist, and shall be recorded. The Vehicle Operations Plan will include the following remedies in addition to the remedies already provided for in our code of ordinances: ·If the valet operator is cited by code enforcement for causing an obstruction of traffic on SE 4th Avenue or SE 5th Avenue two times in a ten-day period, upon receipt of the second citation, the Developer must cease valet operations and open the private section of the garage for movie customer self-parking. ·If the Developer receives written notice from the City of deficiencies of its valet plan two times in a 90-day period, it must revise its valet plan to address the deficiencies. ·If there are repeated violations, the Developer will be issued a notice to appear before the Code Enforcement Board. If the Developer appears before the Code Enforcement Board more than two times in one year, the City Manager may impose conditions on its business tax receipt that restricts its ability to offer valet services for the term of the license. City’s obligation to satisfy the condition of the sale of a portion of the site as required by City referendum (Resolution 87-04) When the CRA first purchased the old library site in 2004,there was a deed restriction on a 6000 square foot portion of the land.Under a City-wide referendum (Resolution 87-04),a majority of qualified electors voted to release the deed restriction on the condition that the proceeds from the sale were used for public parking.Under the Tri-Party Agreement,when the Developer closes on the property,the settlement statement must state that a portion of the purchase price,$255,244.80,must be paid to the City and used for public parking.This amount is the value of the land that was the subject of the referendum. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Printed on 10/26/2016Page 2 of 2 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-1069,Version:1 TO: Mayor and Commissioners FROM: Janice Rustin, Interim City Attorney DATE: November 1, 2016 PARKING FACILITY EASEMENT AGREEMENT AND PROJECT COVENANT BETWEEN THE CITY OF DELRAY BEACH AND DELRAY BEACH HOLDINGS LLC Recommended Action: Motion to Approve the Parking Facility Easement Agreement and Project Covenant between the City of Delray Beach and Delray Beach Holdings LLC. Background: On December 17,2013,the CRA entered into a Purchase and Sale Agreement with Delray Beach Holding,LLC (Developer)for the purchase of the old library site to be used for the development of an iPIC movie theatre.Under the Purchase and Sale Agreement,as amended,the Developer is required to provide 90 public parking spaces to enter into this Parking Facility Easement Agreement with the City with regard to these spaces.This agreement shall be a recorded covenant that runs with the land.In the event that another party purchases the site from the Developer,the new party will be bound by this Parking Facility Easement Agreement (PFA). The Parking Facility Easement Agreement contains the following obligations and promises of the parties: The City’s right of repurchase The PFA provides that in the event that the Developer does not commence vertical construction of the garage within 365 days of closing,the City has the right to repurchase the alleyway.Vertical construction is defined as construction that occurs above the ground. Developer obligation to provide 90 public parking spaces In an effort to secure the construction of the public parking spaces,the City has proposed that the Developer be required to pay the City an amount equal to what it would cost the City to construct a parking garage with 90 spaces. This remains an open term in the PFA. The City seeks a lien on the property of $3.15 million dollars if the garage is not constructed in three years.The City arrived at this amount based on the cost of construction of a similar public parking facility that was recently completed in Pompano Beach,the Pompano Beach Pier Garage.The City has determined that the cost per space of the Pompano Beach Pier Garage was $35,000.Therefore, the City asks for a lien in the amount of $3.15 million ($35,000 x 90 spaces)that is superior to any City of Delray Beach Printed on 10/26/2016Page 1 of 2 powered by Legistar™ File #:16-1069,Version:1 the City asks for a lien in the amount of $3.15 million ($35,000 x 90 spaces)that is superior to any other mortgage or lien on the property. Developer’s obligation to maintain the garage Developer is required to pay the total cost of garage maintenance,but it is not prohibited from seeking reimbursement from the CRA for the cost of maintenance of the public spaces through a separate reimbursement agreement.If the CRA enters into such a reimbursement agreement with the Developer that is still in place when the CRA is dissolved,the City will take over CRA’s obligation under the reimbursement agreement (if any)to the extent that it will only be responsible for paying a reimbursement amount equal to the amount per space that it pays to maintain other public parking garages in the City. Developer’s other obligations as covenants This agreement memorializes the condition of approval that the Developer relocate its company headquarters, in an area no less than 20,000 square feet, to the site within 180 days of receiving Certificate of Occupancy. It also contains the condition of approval that the public terrace be open to the public, and that the Developer is prohibited from leasing the terrace for public, private or commercial events. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Printed on 10/26/2016Page 2 of 2 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-1070,Version:1 TO: Mayor and Commissioners FROM: Janice Rustin, Interim City Attorney DATE: November 1, 2016 DECLARATION OF RESERVED RIGHTS AND AGREEMENT NOT TO ENCUMBER THE ABANDONED ALLEY Recommended Action: Motion to Approve Declaration of Reserved Rights and Agreement Not to Encumber the Abandoned Alley. Background: On December 17,2013,the CRA entered into a Purchase and Sale Agreement with Delray Beach Holding,LLC (Developer),for the purchase of the old library site to be used for the development of an iPIC movie theatre.On August 18,2015,City approved an application to abandon the north-south alley on the site.On March 15,2016,the City Commission approved the subdivision plat for the property on the condition that the Developer reconvey the alley back to the City if the project is not built. This Declaration contains the City’s right of reconveyance of the alley. Pursuant to the terms of this Declaration, if the Developer does not commence construction of the Project with one year of closing on the site, the City can demand that the Developer reconvey the alley back to the City. Commence construction is defined as the commencement of above-ground improvements on the land. If the City exercises its rights under this agreement, and the Developer fails to reconvey the alley back to the City, the City may withhold permits and revoke any or all of its approvals of the site until such time as the Developer conveys the alley to the City. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Printed on 10/26/2016Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-968,Version:1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning, Zoning and Building Director THROUGH: Donald B. Cooper, City Manager DATE: November 1, 2016 ABANDONMENT OF THE ALLEY IN BLOCK 61, TOWN OF LINTON, ASSOCIATED WITH THE PROPOSED SWINTON COMMONS DEVELOPMENT, LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE BETWEEN SOUTH SWINTON AVENUE AND SW 1 ST AVENUE Recommended Action: Motion to Approve the request to abandon the alley right-of-way within Block 61 of the Town of Linton Plat, 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 2.4.6(M)(5) of the Land Development Regulations, subject to the following conditions: 1.That a Unity of Title for Block 61 be recorded and a certified copy be submitted to the Planning, Zoning, and Building Director within 60 days of this action; 2.That a Pedestrian Easement for the north/south portion of the alley right-of-way within Block 61 be accepted by the City Commission prior to site plan certification; and, 3.That a Vehicular Easement for the east/west portion of the alley right-of-way within Block 61 be accepted by the City Commission prior to site plan certification. Background: Block 61 is located on the south side of West Atlantic Avenue, between South Swinton Avenue and SW 1st Avenue, and is zoned Old School Square Historic Arts District (OSSHAD). The alley right-of- way was dedicated by the “Town of Linton” plat, which was recorded in Plat Book 1, Page 3. The area requested to be abandoned is 16 feet wide by approximately 451.46 feet long, running north and south, and approximately 139.44 feet long, running east and west. The proposed alley abandonment is associated with the proposed Swinton Commons project, a multi -block, mixed-use development incorporating Block 61 in its entirety. The development within Block 61 will consist of the relocation of both The Rectory located at 20 South Swinton Avenue and the Cathcart House located at 38 South Swinton Avenue within the block. Three contributing structures will be relocated to the Sundy House property, and multiple accessory structures and the two non- contributing structures on West Atlantic Avenue will be demolished. A new, four-story mixed-use building will be constructed along West Atlantic Avenue and consist of retail and restaurant on the first floor, office on the second floor, and 16 residential units on the third and fourth floors. Four new, two-story structures will be constructed along South Swinton Avenue and consist of retail or restaurant on the ground floor and two residential units in the second floors of each structure. Along SW 1st Avenue, two three-story buildings will be constructed which consist of ground floor retail in the northern building, and a total of 12 Residential-type Inn units between the two buildings. An City of Delray Beach Printed on 10/26/2016Page 1 of 4 powered by Legistar™ File #:16-968,Version:1 underground parking garage will accommodate parking below a majority of the block. The proposed area to be abandoned will provide a common landscaped plaza . Staff’s analysis of the required findings for the abandonment is provided within the attached Planning and Zoning Board report. The following regulations, which were not included in the attached staff report, are provided with explanation for clarification purposes: ·LDR Section 4.4.13(J)(1)(b-c),Central Business District,Streets and Blocks,Streets and Alleys:(b)Streets and alleys may not be vacated or closed to accommodate new development;(c)Alleys provide an important tertiary support system.Alleys may be relocated provided access and service is maintained to all properties and the reconfigured alley maintains public access and has at least two separate access points for entry and exit within the same block.Alleys that are identified routes in the City’s adopted bicycle and pedestrian master plan may not be relocated.Dead-end service courts are not permitted.In order to meet the City’s sustainability goals,alleys that are improved as a result of redevelopment are encouraged to use permeable paving such as porous asphalt or concrete,subject to approval by the City Engineer.Development on property alongside an alley shall provide street lights as set forth in Section 6.1.5. The proposed alley abandonment is located within the Old School Square Historic Arts District (OSSHAD),and abuts properties along West Atlantic Avenue which are subject to CBD regulations (with the exception of conditional uses).Therefore,given that the alley is not within the CBD zoning district and the entire block is under the same ownership,this regulation is not applicable as the alley will not impact those properties where vehicular and service access would be required from the rear of the property.Vehicular access is provided with the below grade parking garage which is accessible from SW 1st Avenue (which is not a primary street) to the rear of the proposed building along West Atlantic Avenue;services for the entire block such as loading/delivery and refuse is provided within the building at the northeast corner of SW 1st Street and SE 1st Avenue. In addition to the services that alleys provide off of the main rights-of-way,the importance of alleys and their connectivity is also understood.However,the alley within Block 61 does not provide the desired connectivity to the adjacent blocks to the south and west as those alleys have been abandoned.The block to the east (Block 69)maintains its alley system;however, the portion of alley within Block 61 that would have connected to Block 69 was abandoned in part in 1986 for 3’to eliminate the encroachment of a structure into the alley right-of-way.The remaining 13’was abandoned in 1999 in association with the Rectory Park development which presently exists. ·Comprehensive Plan Future Land Use Objective C-2:Economic development,with due regard for private property rights,historic preservation and character,is an essential component of the redevelopment and renewal efforts which are directed to the future of the City of Delray Beach.Specific efforts for the coordination and provision of economic development activities shall be centered in the City Administration's Development Services Management Group. Those efforts shall be governed by the following policies. Future Land Use Policy C-2.2:Alleys located within the Old School Square Historic District on either side of Swinton Avenue shall remain and be made available for access to abutting City of Delray Beach Printed on 10/26/2016Page 2 of 4 powered by Legistar™ File #:16-968,Version:1 either side of Swinton Avenue shall remain and be made available for access to abutting properties. Accordingly, these alleys shall not be abandoned to private interests. In consideration of the Objective and Policy noted above,economic development with respect to historic preservation is absolutely essential for the future of Delray Beach,and the subject alley right-of-way is located within the Old School Square Historic District.It has been determined that given the single ownership of the entire block and proposal to redevelop the block,the Policy was not applicable as access to abutting properties would not be hindered. Staff has continually worked with the applicant to maintain the alley width and building separation with substantial open space between the buildings facing South Swinton Avenue and SW 1st Avenue which is at least equivalent to the required 20’wide alley plus the 10’rear building setback,for a total minimum width of 40’to maintain the relationship between buildings which is achieved by the alley ROW.The most recent site plan on file provides a varying separation width of approximately 37’6”-57’,with 40’provided where the alley presently intersects with SW 1st Street.A copy of the Block 61 site plan is attached. Additionally,the subject abandonment was considered and supported by the City’s Development Services Management Group at its August 4, 2016 meeting. It is also noted that while both the Planning and Zoning Board and Historic Preservation Board,as well as the public,have made statements regarding the “piecemealing”of the multiple components involved in the Swinton Commons project such as the Conditional Use,Site Plan,Certificates of Appropriateness for Demolition and Relocation,etc.,the applicant,permitted by due process,has requested that the subject abandonment request be forwarded to the City Commission as the balance of the project is not yet finalized for board/commission review and consideration.In addition, a majority of the project is dependent on approval of the subject abandonment,and if it is not approved,the proposed site plan would require significant revisions prior to consideration at HPB. Throughout the project’s review since its submittal in May 2016,it was the intention of both Staff and the applicant to maintain concurrent review of the entire project to provide a complete understanding of all the varying components;however,the site plan is not yet ready for Board consideration ,and therefore,has not moved forward.Staff is presently waiting for revised plans which address the latest technical review comments dated September 23, 2016. The Planning and Zoning Board held a public hearing on the abandonment at its meeting of October 17,2016.The Board recommended approval of the request on a 4-1 vote (Louis Smith dissenting; Joe Pike stepped down; Jocelyn Patrick was absent) subject to the following conditions: 1.That the pedestrian easement for the north/south portion of the alley be submitted for acceptance by the City Commission, concurrent with the review of the abandonment; 2.That the vehicular easement for the east/west portion of the alley be submitted for acceptance by the City Commission, concurrent with the review of the abandonment; and, 3.That a Unity of Title for Block 61 be submitted to Staff for review prior to City Commission consideration of the abandonment,and prepared for recordation subsequent to approval of the abandonment. At the Planning and Zoning Board meeting,the applicant agreed to the conditions requested by the Planning and Zoning Board.The purpose of these easements is to continue either pedestrian or vehicular access to the site while the primary intention is to maintain the historic public access through the block.The width of the easements will be 20’;16’exists,and 20’is required by the Comprehensive Plan and LDRs.Drafts of the two easements are attached.If the abandonment is City of Delray Beach Printed on 10/26/2016Page 3 of 4 powered by Legistar™ File #:16-968,Version:1 approved, the easements will be brought back to the Commission at a later date for acceptance. At its meeting of September 22,2016,the Community Redevelopment Agency (CRA)considered the complete development request,which included the subject abandonment,and the consensus was to not support the request. The Historic Preservation Board (HPB)considered the abandonment at its meeting of October 19, 2016.The Board recommended denial of the request on a 7-0 vote.The Board’s primary concerns were related to maintaining the character of the historic district by retaining the alley and the ability to have a denser development given the additional land resulting from the abandonment. The West Atlantic Redevelopment Coalition (WARC) will review the abandonment at its meeting of October 27, 2016, where a recommendation to the City Commission will be made. This recommendation will be provided with Staff’s presentation of the subject item on November 1, 2016. Note: This item was originally scheduled to be reviewed by WARC at its meeting of October 6, 2016 which was canceled due to Hurricane Matthew. City Attorney Review: Approved as to form and legal sufficiency. Timing of Request: N/A City of Delray Beach Printed on 10/26/2016Page 4 of 4 powered by Legistar™ 1 RES NO 53-16 RESOLUTION NO. 53-16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE ALLEYWAY WITHIN BLOCK 61 ASSOCIATED WITH THE SWINTON COMMONS DEVELOPMENT PROJECT DESCRIBED AS A PORTION OF THE 16.00 FOOT WIDE ALLEY AND A PORTION OF LOT 5, IN BLOCK 61, “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, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", AND CONTAINING 9,199 SQUARE FEET, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida received an application for abandonment of an alleyway that measures 16.00 feet wide as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida, and as more particularly described in Exhibit "A"; and WHEREAS, the application for abandonment of a portion of said right-of-way was processed pursuant to Section 2.4.6(M), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, the abandonment is subject to relocation of existing utilities, subject to approval by the appropriate jurisdiction and County or State agencies; and, WHEREAS, this Resolution accepts replacement of any current and impacted easements since the replatting of Block 61 has not been submitted; and, WHEREAS, the abandonment is subject to the acceptance of a 20’ wide pedestrian easement spanning from the south property line of the alleyway to the north; and, WHEREAS, the abandonment is subject to the acceptance of a 20’ wide vehicular easement spanning from the west property line of the alleyway to the east; and, WHEREAS, the abandonment is subject to the recordation of a Unity of Title for all properties within Block 61; 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 on a vote of 6-1, based upon positive findings by the Planning and Zoning Board at its meeting of October 17, 2016; and, 2 RES NO 53-16 WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(M)(5), finds that there is not, nor will there be, a need for the use of the right-of-way for any public purpose (Policy A-6.3 of the Transportation Element); that the abandonment does not, nor will not, prevent access to a lot of record; that the abandonment will not result in detriment for the provision of access and/ or utility services to adjacent properties or the general area; and deems it to be in the best interest of the City of Delray Beach to vacate and abandon a portion of said alleys, as more particularly described in Exhibit "A." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the forgoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all rights and interests it holds to the following alley rights-of way, more particularly described as follows: See Exhibit “A” attached hereto PASSED AND ADOPTED in regular session on the 1st day of November, 2016. Cary D. Glickstein, Mayor ATTEST: City Clerk E x h i b i t " A " PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: October 17, 2016 ITEM: Swinton Commons-Alley Abandonment, Block 61 (2016-080) - Abandonment of the alley right-of-way within Block 61, Town of Linton Plat, in association with the proposed Swinton Commons development. RECOMMENDATION: Recommend approval to the City Commission. GENERAL DATA: Applicant……............... MGM Sundy House, LLC Agent………………….. Bonnie Miskel, Esq. – Dunay, Miskel and Backman LLP Location....................... Block 61, bounded by West Atlantic Avenue to the north, SW 1st Avenue to the west, SW 1st Street to the south, and South Swinton Avenue to the east. Property Size................ Approx. 9,198.43 square feet Existing FLUM ……… Other Mixed Use (OMU) Current Zoning............. Old School Square Historic Arts District (OSSHAD) with CBD (Central Business District) overlay. Adjacent Zoning: North: OSSHAD with CBD Overlay East: OSSHAD South: OSSHAD West: CF (Community Facilities) Existing Land Use........ Improved right-of-way. Proposed Land Use..... Aggregation into adjacent lots for new mixed-use development. Water Service.............. Existing on Site. Sewer Service.............. Existing 8” main to be removed; connection provided at south end of block to 8” main. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of the alley right-of-way located within Block 61, associated with the proposed Swinton Commons development, pursuant to LDR Section 2.4.6(M), Abandonment of Rights-of-Way. BACKGROUND Block 61 is located on the south side of West Atlantic Avenue, between South Swinton Avenue and SW 1st Avenue, and is zoned Old School Square Historic Arts District (OSSHAD). The alley right- of-way was dedicated by the “Town of Linton” plat, which was recorded in Plat Book 1, Page 3. The area to be abandoned is 16 feet wide by approximately 451.46 feet long, running north and south, and approximately 139.44’, running east and west. The abandonment is to accommodate a portion of the proposed Swinton Commons development, a multi-block, mixed-use development. The proposed development within Block 61 will consist of the relocation of both The Rectory located at 20 South Swinton Avenue and the Cathcart House located at 38 South Swinton Avenue within the block, further down South Swinton Avenue. Three contributing structures will be relocated to the Sundy House property, and multiple accessory structures and the two non-contributing structures on West Atlantic Avenue will be demolished. A new, four-story mixed-use building will be constructed along West Atlantic Avenue and consist of retail and restaurant on the first floor, office on the second floor, and 16 residential units on the third and fourth floors. Four new, two-story structures will be constructed along South Swinton Avenue and consist of retail or restaurant on the ground floor and two residential units in the second floors of each structure. Along SW 1st Avenue, two three-story buildings will be constructed which consist of ground floor retail in the northern building, and a total of 12 Residential-type Inn units between the two buildings. An underground parking garage will accommodate parking, and will be constructed below a majority of the block. The proposed area to be abandoned will provide common green area within the block’s new development with pedestrian access throughout. ABANDONMENT ANALYSIS Pursuant to LDR Section 2.4.6(M)(1), public right-of-way may be abandoned (returned) to the fee description of adjacent property to the same degree in which it was originally obtained (i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels.) As previously stated, the subject alley right-of way was dedicated by the Town of Linton plat. The applicant owns the entire block and proposes to redevelopment the entire block, thereby permitting the land to be absorbed into the development. The City’s Environmental Services Department (ESD) has reviewed the request and has not indicated any concerns. For any existing utility easements to be abandoned, the utilities within those easements must be relocated subject to approval by the appropriate jurisdiction and County/State agencies. Any new easement dedications will require that the approved Resolution allow the acceptance of the replacement easements since the plat will not be approved concurrently. The utility companies will be required to sign-off on the composite utility plan which will indicate all replacement easements prior to the replat. The existing sewer line which runs through the entire alley will be removed; sewer connection will be provided at the south end of the block and connect to the 8” main which remains in the Sundy House block. Planning and Zoning Board Meeting of October 17, 2016 Swinton Commons Abandonment of Alley Right-of-Way in Block 61 2 / 3 REQUIRED FINDINGS Pursuant to LDR Section 2.4.6(M)(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 alley proposed for abandonment presently serves a public purpose as it provides access to the rear of the properties throughout the block. However, the entire block has the same property owner and will be redeveloped leaving no further need for public use of the alley right-of-way. In addition, the existing alley did not provide a connection to other alleys in adjacent blocks, and therefore, will not impact public use in this aspect, either. B) That the abandonment does not, nor will not, prevent access to a lot of record. As stated above, the entire block will be redeveloped and replatted. The redevelopment has been designed to provide access to the multiple buildings which does not require rear access. The rear access in alleyways is typically utilized by delivery trucks and waste collection. However, an area has been reserved for these purposes within the building at the southwest corner of the block. C) That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. As previously noted, the review of the subject abandonment without the concurrent review of a plat will require that any new replacement easement dedications be permitted with the Resolution to ensure continued provision of access and services to utilities. REVIEW BY OTHERS At its meeting of September 22, 2016, the Community Redevelopment Agency (CRA) considered the complete development request, which included the subject abandonment, and the consensus was to not support the request. The West Atlantic Redevelopment Coalition (WARC) has not yet considered the development request due to the canceled meeting on October 6, 2016. If the meeting is rescheduled prior to the Planning and Zoning Board meeting, the WARC recommendation will be presented during the Staff presentation. Courtesy notices have been provided to the following groups and neighborhood associations: • Delray Citizen’s Coalition Formal public notice has been provided to property owners within a 500’ radius of the subject property. The Planning Department has not received any letters of opposition to the abandonment. Additional letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. ALTERNATIVE ACTIONS A. Continue with direction. Planning and Zoning Board Meeting of October 17, 2016 Swinton Commons Abandonment of Alley Right-of-Way in Block 61 3 / 3 B. Move a recommendation of approval of the request for the abandonment of the alley right-of- way located within Block 61, associated with the Swinton Commons development, 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 2.4.6(M)(5) of the Land Development Regulations. C. Move a recommendation of denial of the request for the abandonment of the alley right-of-way located within Block 61, associated with the Swinton Commons development, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is not consistent with the Comprehensive Plan and that the required findings of LDR Section 2.4.6(M)(5) cannot be made. RECOMMENDED ACTION Move a recommendation of approval to the City Commission of the request for the abandonment of the alley right-of-way located within Block 61, associated with the Swinton Commons development, 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 2.4.6(M)(5) of the Land Development Regulations. City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-1065,Version:1 TO: Mayor and Commissioners FROM: Tennille Decoste, Human Resources Director THROUGH: Donald B. Cooper, City Manager DATE: November 1, 2016 2016 CIVIL SERVICE EMPLOYEE SALARY SURVEY RESULTS Recommended Action: Motion to Approve the implementation of the pay study results of the City’s civil service employees’ pay plan that was conducted by Evergreen Solutions, Inc. Background: In order to restore and maintain a fair,equitable,and market competitive pay plan for all City employees,a civil service employee salary survey was recently completed by Evergreen Solutions, Inc., a consulting firm the City retained to conduct the survey. Background One of the most accepted compensation principles and practices an organization can implement to improve employee morale,reduce turnover,and attract better qualified job applicants,is for that organization to evaluate its compensation plan every three (3)years.The last time the City conducted a salary survey was in 2008 and because of the financial crisis the country was facing at the time,the recommendations resulted from the survey were beyond the City’s ability to pay and therefore not fully implemented.As a result,the City’s Compensation and Classification Plan needed to be assessed to determine whether it is market competitive,which is the primary factor that can address the City’s current compensation related issues. . The City’s Civil Service pay structure has not been reviewed in a number of years while recent union negotiations resulted in market adjustments to both salaries and pay ranges.Additionally,the City has experienced difficulty in attracting and retaining skilled employees and needs to move its current 8% turnover rate closer to the national level of 5%. Bargaining Units Recently,the City’s PBA and IAFF unions were successful at negotiating market compensation structure in their current contracts.For the PBA,114 employees received increases averaging 15.76%,at a cost of $1,145,910.Of the IAFF members,93 employees received an average of 15.42%increase,at a cost of $940,100.The City’s civil service workforce of roughly 300 employees City of Delray Beach Printed on 10/26/2016Page 1 of 4 powered by Legistar™ File #:16-1065,Version:1 15.42%increase,at a cost of $940,100.The City’s civil service workforce of roughly 300 employees warrant the same consideration as afforded to collective bargaining unit employees;to be adjusted to market wages. Turnover The City has experienced significant turnover which has been costly.A 2015 Forbes magazine article regarding employee turnover shows that for: ·Entry-level positions,it costs between 30-50 percent of the position’s annual salary to replace them. ·Mid-level positions,it costs approximately 150 percent of the position’s annual salary to replace them. ·High-level positions,it costs approximately 400 percent of the position’s annual salary to replace them. These estimates include the costs associated with interviewing,hiring,training,lost of productivity that results in filling a turnover.The City’s turnover rate for 2015 is approximately 8%.65 of the 75 full time separations that year were voluntary,of which 33 were mid-level positions with the median annual salary of $52,500.Using the Forbes magazine article’s calculations,it costs the City approximately $2,598,750 to replace these positions. The survey performed by Evergreen Solutions,Inc showed that the City’s civil service salary ranges were,on average compared to other cities,roughly 11%below the average minimum and maximum ranges. Further, the survey showed a number of employees below minimum salary ranges. Therefore,this agenda item seeks to adjust the Civil Service salary ranges and employee salaries to make them market competitive. The proposed salary adjustments of approximately $596,597,does not include department heads and above. Market Data Results When compared to the 11 area cities and public agencies listed below that were benchmarked, overall on average, our employees’ salaries were 11.8% below the average minimum salary levels. Area Peer Group -City of Boca Raton - Broward County -City of Boynton Beach - Palm Beach County -City of Palm Beach Gardens - Health Care District of Palm Beach -City of Deerfield Beach - Lake Worth Drainage District City of Delray Beach Printed on 10/26/2016Page 2 of 4 powered by Legistar™ File #:16-1065,Version:1 -City of Pompano Beach - Palm Beach County Board of Education -City of Fort Lauderdale 118 job descriptions were benchmarked against the peer group. Proposed Solution After analyzing all of the data from Evergreen Solutions,Inc.,the City’s Senior Management recommends the implementation of the Evergreen study in order to change our pay structure.This recommendation will assist the City in attracting highly qualified job applicants and retain our valued tenured employees. These changes can be accomplished by: 1)Creating new salary grades by adding more salary grades to the pay plan.This will enable employees,who demonstrate favorable job performance,the opportunity for career and salary progression.In essence,this will create growth and mobility,and support a performance-based job evaluation system. 2)Creating new salary ranges that are at market level.This will help mitigate employee turnover and attract better qualified job applicants. 3)Making salary adjustments that will bring employees’salaries up to the new salary ranges, capped at the mid-point of the equivalent level of their current salary range penetration.No adjustment will bring an employee’s salary above the mid-point of the new salary range. 4)Creating additional job grades and salary ranges to provide more bandwidth to the City’s Pay Plan to address salary compression issues.Salaries are better distributed along the bell curve of actual pay and tenure.If the recommended solution is implemented,the data shows the salaries of the City’s tenured employees will be higher than those who are recently hired. In addition to being highly efficient,the proposed solution is neutral and fair because the salary adjustments are proposed evenly and consistently to eligible employees.This option addresses inequities and should satisfy long-tenured employees. Finally,this proposed solution suggests compression issues have been addressed in that the majority of employees with over 5 years with the City appear to be above the midpoint of the new market ranges while the majority of employees with the City less than 5 years tend to be below the midpoint of the new market ranges. Proposed Solution Cost The total cost from the General Fund is $467,597,and $129,030 to Other Operating Funds with Civil Service employees for a combined total cost of $596,597. Of the City’s 321 Civil Service employees,this would impact 172 employees who would receive,on average,a 4.9%increase,and exclude newly hired employees who are still on their probationary period unless their salaries are below the minimum salary level of their position’s new salary range. All non-department head Civil Service employees will be paid market rates upon the adoption of this City of Delray Beach Printed on 10/26/2016Page 3 of 4 powered by Legistar™ File #:16-1065,Version:1 All non-department head Civil Service employees will be paid market rates upon the adoption of this pay plan. Although the Department Head positions were included in the salary survey evaluation process,they are excluded from the proposed solution.The City Manager would like to address the compensation issues of the General Employees first before reviewing the Department Heads’ salaries. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: The Finance Department recommends approval. Funding Source: If approved, funding would come from both the General Fund and Other Operating Funds as outline above. Timing of Request: The proposed motion should be implemented effective October 1, 2016, the beginning of the City’s new fiscal year. City of Delray Beach Printed on 10/26/2016Page 4 of 4 powered by Legistar™ 2016 CIVIL SERVICE EMPLOYEE SALARY SURVEY SUMMARY Motion to approve the implementation of the pay study results of the City’s civil service employees’ pay plan that was conducted by Evergreen Solutions, Inc. Purpose/Objective • In order to restore and maintain a fair and equitable pay plan for all City employees, a Civil Service Employee salary survey was recently completed by Evergreen Solutions, Inc. • The survey showed that the City’s Civil Service salary ranges were, on average compared to other area cities, roughly 11% below the average minimum and maximum ranges. • To provide solutions for the City to address its salary compression issues. Background • Assess whether the City’s pay structure is market competitive. • The City has difficulty in attracting and retaining skilled staff. Take measures to move the City’s current turnover rate of 8% closer to the general national turnover rate of approximately 5%, which is part of other issues facing the City. • The City’s high performing employees will continue to be rewarded through the Merit Pay Program as well as the Employee Incentive Award Program, which awards up to 5% of an employee’s base salary for outstanding job performance. Market Data Results • When compared to 11 area cities that were benchmarked, overall on average, our salary ranges were 11.8% were below the average minimum salary levels. • 118 job descriptions were benchmarked against the peer group. Proposed Solution • Shift pay ranges to market level. • Ensure employee salaries are at market level and salary equity is established between new employees and long tenured employees. • Help attract better qualified job applicants and help retain valued employees. • Tenured employees with at least 5 years of service would, for the most part, receive a salary increase eliminating compression issues. • The proposed new salary ranges reflect employee tenure. As a result, salaries of new employees are generally at around 50% salary range penetration, and long term employees’ salaries are generally above 50% salary range penetration. For example, the salaries of the long-term Administrative Assistants of more than 5 years are approximately 36% higher than the salaries of new Administrative Assistants. • Not all employees will receive a salary increase as this effort is intended to address inequalities and correct the pay structure. • Excludes Department Heads and above. Proposed Solution Cost • Currently there are 321 civil service employees; • 14 Department Heads and above will not receive an increase under this proposal. • 37 Civil Service employees who will not receive an increases as they are new hires, with less than one year of tenure. • 14 Civil Service employees who will not receive a salary increase as they are either at or above 50% of the new salary range, not here during the time frame, or were not Civil Service and received Union True up. • 172 Civil Service employees who will receive an increase, on average, of 4.9%. • 84 Civil Service employees are not eligible for an increase as they at or above mid-point or have reached the maximum of their salary range. • Total General Fund Cost $467,567 with $129,030 cost to Other Operating Funds with Civil Service employees for a total City cost of $596,597. Total Civil Service Employees 321 Less Department Heads and above not included -14 Civil Service Employees with less than 1 yr. service – no increase -37 Civil Service Employees with more than 1 yr. service – no increase -14 Civil Service Employees not eligible for an increase as they at 50% or more above mid-point or have reached the maximum of their salary range -84 Total Civil Service employees receiving an increase 172 Funding Source • If this recommendation is approved, $467,567 of the $596,597 total cost of this recommendation would be funded from the City’s General Fund, and $129,030 would be from Other Operating Funds. Timing of Request • The proposed motion should be implemented effective October 1, 2016. 2016 Civil Service Employee Salary Survey Tennille Decoste Human Resources Director November 1, 2016 Evergreen Study In order to restore and maintain a fair and equitable pay plan for all City employees, a Civil Service Employee Salary Survey was recently completed by Evergreen Solutions, Inc. Salaries were reviewed for a total of 321 Civil Service employees. 2 Why Evergreen Study •Assess whether the City’s pay structure is market competitive with both other neighboring municipalities and private sector employers. •The City has challenges when competing to attract and retain skilled staff. •Reduce the City’s current 8% turnover rate. •Address wage compression issues. November 1, 2016 2016 Civil Service Employee Salary Survey 3 High Turnover •A 2015 article regarding employee turnover shows that for*: ▫Entry-level positions, it costs between 30-50 percent of the position’s annual salary to replace them. ▫Mid-level positions, it costs approximately 150 percent of the position’s annual salary to replace them. ▫High-level positions, it costs approximately 400 percent of the position’s annual salary to replace them. *What Was Management Thinking? The High Cost of Employee Turnover November 1, 2016 Karlyn Borysenko, April,22, 2015 2016 Civil Service Employee Salary Survey 4 High Turnover •These estimates include the costs associated with interviewing, hiring, training, loss of productivity that results in filling a turnover. •The City’s turnover rate for 2015 was approximately 8%. 65 of the 75 full time separations that year were voluntary, of which 33 were mid-level positions with the median annual salary of $52,500. •Using the article’s calculations, it cost the City approximately $2,598,750 to replace these positions. November 1, 2016 2016 Civil Service Employee Salary Survey 5 Survey Results •When compared to other area neighboring municipalities, on average, the City’s salary ranges are roughly 11% below average minimum salary levels for the same positions. November 1, 2016 2016 Civil Service Employee Salary Survey 6 Where we want to be •Market competitive •Providing a salary schedule equivalent to neighboring municipalities. •Equitable •Reducing salary compression issue for long- tenured employees. •Employer of choice •Reducing turnover. •Attracting and retaining highly skilled employees. November 1, 2016 2016 Civil Service Employee Salary Survey 7 Proposed Solution Adopt the Evergreen Study recommendations: •Create a sense of career growth and mobility, and support a performance-based job evaluation system. •Mitigate employee turnover and attract higher qualified job applicants by creating new salary ranges that are at market level. •Creating additional job grades and salary ranges to provide more bandwidth in the City’s Pay Plan, addressing salary compression issues. •Establish salary equity between new employees and long tenured employees. November 1, 2016 2016 Civil Service Employee Salary Survey 8 Proposed Solution (continued) •Phase Approach •Evergreens proposed solution wasn’t feasible economically for a single year •Make salary adjustments taking current employee salaries up to the new salary ranges, capped at mid-point of the equivalent level of their salary range penetration. November 1, 2016 2016 Civil Service Employee Salary Survey 9 Proposed Solution – Cost Impact 321 civil service employees were reviewed. •172 employees would receive, on average, a 4.9% increase. •Total cost $596,597 •$467,567 charged to the General Fund •$129,030 charged to Other Operating Funds. November 1, 2016 2016 Civil Service Employee Salary Survey 10 Proposed Solution – No Cost Impact 149 employees were excluded from this recommendation and will not receive a salary increase •14 Department Heads. •37 employees with less than one year of service. •14 employees with more than one year of service. •84 not eligible as they at 50% or more above mid-point or have reached the maximum of their salary range November 1, 2016 2016 Civil Service Employee Salary Survey 11 Conclusion If adopted: •Performance Management •Compression •Market Competitive ▫Retain skilled employees ▫Attract skilled employees •Morale 12 QUESTIONS 13 City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-1049,Version:1 TO: Mayor and Commissioners FROM: Theresa Webb, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: November 1, 2016 AWARD OF AN AGREEMENT TO LOHMAN LAW GROUP P.A. FOR CITY ATTORNEY LEGAL SERVICES IN A NOT-TO-EXCEED ANNUAL AMOUNT OF $300,000 Recommended Action: Motion to Award an Agreement to Lohman Law Group P.A. in an annual not to exceed amount of $300,000 for city attorney legal services. Background: On July 13, 2016, a Request for Proposals, RFP No. 2016-128 for City Attorney Legal Services, was advertised. A meeting to determine the short-list of firms whose proposals best met the City's requirements was held on September 27, 2016 and interviews with the short-listed firms were conducted on October 18, 2016. Immediately following the interviews on October 18, 2016, the short- listed firms were ranked by City Commission and the City Commission authorized staff to negotiate an Agreement with the highest ranked firm, Lohman Law Group. Services provided under the Fee Agreement will be $210 per hour for all general legal work and $250 per hour for litigation, administrative hearings and appeals from administrative hearings, plus reimbursement of expenses. This motion complies with the City Code of Ordinances, Chapter 36, Section 36.02 (A)(2), "Sealed Competitive Method, “Request for Proposals, Requests for Qualifications, Requests for Letters of Interest.” City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Agreement will be paid from 001-1611-514-31.10 Legal Services account in the City Attorney's budget. Cost will be covered by salary account not being used by not hiring a City Attorney and Staff Assistant City Attorney. Timing of Request: N/A City of Delray Beach Printed on 10/26/2016Page 1 of 2 powered by Legistar™ File #:16-1049,Version:1 City of Delray Beach Printed on 10/26/2016Page 2 of 2 powered by Legistar™ 55 66 Solicitation 2016 -128 City Attorney Legal Services Bid Designation: Public City of Delray Beach 55 66 Bid 2016 -128 City Attorney Legal Services Bid Number 2016 -128 Bid Title City Attorney Legal Services Expected Expenditure $0.00 (This price is expected - not guaranteed) Bid Start Date Jul 14, 2016 8:11:07 AM EDT Bid End Date Sep 9, 2016 2:00:00 PM EDT Question & Answer End Date Aug 1, 2016 6:00:00 PM EDT Bid Contact THERESA WEBB CHIEF PURCHASING OFFICER PURCHASING WEBBT@MYDELRAYBEACH.COM Description The City of Delray Beach, Florida is soliciting proposals for City Attorney Legal Services. 100 N.W. 1st AVENUE DELRAY BEACH, FL 33444 RFP No. 2016-128 City Attorney Legal Services MAYOR - CARY D. GLICKSTEIN VICE MAYOR - AL JACQUET DEPUTY VICE MAYOR - JORDANA JARJURA COMMISSIONER - MITCH KATZ COMMISSIONER - SHELLY PETROLIA CITY MANAGER - DONALD B. COOPER Purchasing Department ♦purchasing@mydelraybeach.com Bid 2016-128 CITY OF DELRAY BEACH, FLORIDA PURCHASING DEPARTMENT REQUEST FOR PROPOSALS RFP No. 2016-128 City Attorney Legal Services Solicitation Summary ISSUE DATE: July 13, 2016 DEPARTMENT: City Commission DUE DATE: September 9, 2016 TIME: 2:00 P.M., ET The City of Delray Beach, Florida (City) is soliciting proposals for City Attorney Legal Services. Any Applicant wishing to submit a proposal must comply with the requirements contained in this Request for Proposals (RFP). The City will accept proposals from individuals and firms for the position of City Attorney. The City is willing to consider a range of options in filling this position, including but not limited to: (i) a full time, in-house City Attorney employed by the City to perform City Attorney services and supervise and manage the current City Attorney office and staff; (ii) a private law firm to perform all or part of the legal services presently being performed by the City Attorney’s Office; (iii) individual(s) employed by a private law firm offering to serve as City Attorney and supervise, manage, and operate the current City Attorney’s office; or (iv) any combination or variation of the above listed options. NOTE: See Appendix C, Unsolicited Proposal, which is an unsolicited proposal from a law firm that has been withdrawn that reflects one type of arrangement for the provision of City Attorney Legal Service 1. PROPOSAL SUBMISSION: Applicants interested in providing a City Attorney Legal Services proposal to the City are hereby notified that sealed proposals must be received by 4:00 p.m., September 9, 2016, at the City Clerk's office, located at 100 N.W. 1st Ave., Delray Beach. Florida 33444 by mail or hand delivery. PROPOSALS RECEIVED AFTER THIS DATE AND TIME WILL NOT BE OPENED. No electronic or facsimile submissions will be considered. The original proposal and all copies must be received on or before the Due Date and Time (local time) at the City Hall Lobby reception desk, 100 N.W. 1stAvenue, Delray Beach, Florida, 33444. City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding City holidays. The Applicant’s name, return address, the RFP number, RFP title, Due Date and Time must be noted on the outside of the sealed container. Included in the sealed container shall be: • One (1) unbound original clearly marked “ORIGINAL”. • Five (5) copies clearly marked “COPY” with all required information and identical to the original. 2. MINOR INFORMALITIES The City reserves the right to waive any informalities or minor irregularities; reject any and all proposals which are incomplete, conditional, obscure, or which contain additions not allowed for; accept or reject any proposals in whole or in part with or without cause; and City of Delray Beach RFP No. 2016-128 Page 2 City Attorney Legal Services Bid 2016-128 accept the Proposals which best serve the interests of the City. The City reserves the right to further negotiate fees and/or services with any Applicant. 3. NOTIFICATION: Interested parties may obtain a copy of this RFP as follows: • City of Delray Beach website • Request via email purchasing@mydelraybeach.com • Hard copies are available at City Hall 4. CORRESPONDENCE: The number of this RFP must appear on all correspondence, or inquiries, pertaining to this RFP. 5. NOTICE OF PUBLIC DOCUMENTS: All Applicants are advised that under Chapter 119, Florida Statutes, all Proposal responses are deemed a public record and open to public scrutiny as provided for in said Statute. 6. LATE PROPOSALS: Proposals received at the City of Delray Beach City Hall after the Due Date and Time shall be returned unopened and will not be considered. It is the sole responsibility of Applicant to ensure its Proposal is received by the City by the Due Date and Time. No electronic or facsimile submissions will be considered. 7. POINT OF CONTACT: For information concerning procedures for responding to this RFP, contact the City Purchasing Department via email at purchasing@mydelraybeach.com. Such contact shall be for clarification purposes only. 8. QUESTIONS: Each Applicant must examine this RFP. All questions concerning this RFP, including Appendix A, Legal Services Agreement, should be submitted in writing to purchasing@mydelraybeach.com. Failure of the Applicant to examine all pertinent documents shall not entitle the Applicant to any relief from the conditions imposed in the Agreement. 9. DEFINITIONS: The following definitions apply to this RFP. A. REQUEST FOR PROPOSALS (RFP) - City request for proposals from qualified Applicants. B. APPLICANT – Person or firm submitting a Proposal. C. PROPOSAL – Applicant’s response to this RFP. D. SUCCESSFUL APPLICANT – Applicant who is selected for the provision of City Attorney Legal Services. E. AGREEMENT – The Agreement, a sample of which is attached hereto and made a part hereof, between the City and the Successful Applicant to perform the services described herein. [Remainder of page intentionally left blank] City of Delray Beach RFP No. 2016-128 Page 3 City Attorney Legal Services Bid 2016-128 TABLE OF CONTENTS SECTION 1: BACKGROUND AND RANGE OF SERVICES ..................................................... 5 SECTION 2: TERMS AND CONDITIONS ................................................................................. 7 SECTION 3: RESPONSE REQUIREMENTS ............................................................................ 9 SECTION 4: FORMS AND INSTRUCTIONS ...........................................................................12 Appendix A – City Attorney Legal Services Agreement Appendix B – 2015-2016 Approved Budget and Litigations Appendix C – Unsolicited Proposal City of Delray Beach RFP No. 2016-128 Page 4 City Attorney Legal Services Bid 2016-128 SECTION 1: BACKGROUND AND RANGE OF SERVICES 1. GENERAL INFORMATION The City is an Equal Employment Opportunity (EEO) employer, and does hereby announce it is accepting proposals from all qualified firms or individuals interested in providing the legal services generally described herein and specified in this RFP document. The successful Applicant shall provide by his or her qualifications, experience and a plan for the work that will best serve the overall needs of the City. The selection of the successful Applicant shall be at the City’s sole discretion after receipt and evaluation of all Proposal responses. The City shall be the sole judge of its own best interests, the Proposals and the resulting Agreement. This document shall serve to provide interested parties with specific information as to the procedures for the selection of an individual or firm to serve as City Attorney for the City. The City Attorney shall report directly to the City Commission and serves at the Commission’s pleasure to facilitate the effective and efficient operation of the City. 2. CITY OF DELRAY BEACH The City is a full-service city with a Council/Manager form of government. The Mayor is elected at large every three years and presides over four Commissioners who are elected at large for three-year alternating terms. The City Attorney and City Manager report to and serve at the pleasure of the City Commission. The City has approximately 780 employees and an FY 2016 annual operating budget of $114 million. The City provides a full range of services including Public Safety, (Police and Fire/EMS departments); Parks and Recreation (beaches, community pools, marina/docks, boat ramps, multiple parks and recreation centers; Public Works (traffic, roads, parking and public infrastructure); Environmental Services Department (water and sewer, storm water, engineering and construction services); Community Improvement (permits, inspections, code enforcement, garbage and trash); Planning Department (short and long term land use review and planning, zoning, support for administrative boards, and land development regulations), and administrative and financial support services. 3. BACKGROUND INFORMATION City Charter: As to the City Attorney position, Section 4.07 of the City's Charter provides: There shall be a City Attorney and such Assistant City Attorneys and special counsel as the Commission shall deem necessary. They shall be responsible to the Commission for all legal matters of the City placed in their charge by or under the Charter and such other duties as may be required by the City Commission. 4. CITY ATTORNEY’S OFFICE The City Attorney’s Office (Office) currently has five budgeted Attorney positions and three support staff; the City Attorney, an Assistant City Attorney/Police Legal Advisor, and three Assistant City Attorneys. The City Attorney position and one Assistant City position are currently vacant. The Office represents the City as required by the City Charter and City Code of Ordinances in all City legal matters. Delray Beach is a full service City providing all municipal services to its residents. The Office retains outside counsel for certain complex litigation matters, certain City of Delray Beach RFP No. 2016-128 Page 5 City Attorney Legal Services Bid 2016-128 labor/pension matters, bond counsel, and, as may be necessary, for other specialized legal services (e.g. bankruptcy matters). Attached to this RFP in Appendix B is a copy of the current budget for the Office. The City maintains self- insurance retention (SIR) limits of $200,000/per claim and excess liability insurance. Most litigation and all claims against the City within the SIR limits are presently handled by the Office. Attached to this RFP in Appendix B is a list of the current pending litigation matters assigned to the Office. 5. RANGE OF SERVICES Successful Applicant will perform all duties of the City Attorney pursuant to the Delray Beach City Charter and Code of Ordinances, including but not limited to: A. Attendance at all Commission meetings, workshops, executive sessions, special meetings, administrative board meetings and all other meeting as required or directed by the City Commission. B. Oversee and direct the legal activities and operations of the City Attorney’s office. C. Prepare, review, and approve all proposed legislation, ordinances, resolutions, contracts, deeds, leases, and other legal agreements requested by the city commissioners, city manager and staff. D. Investigate complaints by or against the City, prepare cases for trial, represent the City in litigation, including administrative hearings, arbitration, and civil trials before county, state, and federal courts. E. Perform such other duties as directed by the City Commission. [The remainder of page intentionally left blank] City of Delray Beach RFP No. 2016-128 Page 6 City Attorney Legal Services Bid 2016-128 SECTION 2: TERMS AND CONDITIONS 1. CRITERIA FOR SELECTION AND EVALUATION All proposals will be reviewed by the City Commission and will be evaluated on the ability of the individual or firm to meet the legal demands and requirements of the City in a timely, effective, and efficient manner. Personal interviews maybe conducted at the discretion of the City Commission. The city reserves the right to waive any informalities or minor irregularities; reject any and all proposals which are incomplete, conditional, obscure, or which contain additions not allowed for; accept or reject any proposals in whole or in part with or without cause; and accept the proposal which best serve the interests of the city. The City reserves the right to further negotiate fees and/or the range of services with any Applicant. 2. CONE OF SILENCE Limitations on Communication-Cone of Silence: Applicants are advised that a Cone of Silence will be in effect during this RFP. The Cone of Silence is effective from the Due Date and Time until award is made by the City Commission. The Cone of Silence prohibits any communications, regarding this RFP, between the Applicants or any Person representing the Applicants, and any member of the City Commission, the Commission’s staff, any City employee authorized to act on behalf of the City to award the Agreement under this RFP, or any member of the Selection Committee. All correspondence regarding this RFP must be in writing and must be directed to the Chief Purchasing Officer with a copy to the City Attorney, who are the only Persons authorized to receive such documents. Section 36.13 of the City Code provides “any person participating in a competitive solicitation issued by the City shall comply with Section 2-355 of the Palm Beach County Code of Ordinances.” The County Code provides as follows: A. ‘Cone of Silence’ means a prohibition on any communication, except for written correspondence, regarding a particular request for proposals, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitations; and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular Agreement. B. For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. City of Delray Beach RFP No. 2016-128 Page 7 City Attorney Legal Services Bid 2016-128 C. The Cone of Silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The Cone of Silence applies to any person or person's representative who responds to a particular request for proposals, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposals, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. D. The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, Bidder negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the Cone of Silence shall not apply to Bidder negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. E. The Cone of Silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. F. The Cone of Silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves an Agreement, rejects all Bids or responses, or otherwise takes action which ends the solicitation process. G. Any Agreement entered into in violation of the Cone of Silence provisions in this section shall render the transaction voidable. [Remainder of page intentionally left blank} City of Delray Beach RFP No. 2016-128 Page 8 City Attorney Legal Services Bid 2016-128 SECTION 3: RESPONSE REQUIREMENTS All Applicants are asked to be thorough yet concise in their Proposal responses. 1. APPLICANT INFORMATION Provide information on Applicant as follows: A. Full legal contracting name including any dba. B. Contact information for Applicant during this RFP process. Name Phone E-mail Mailing Address City, State, Zip 2. QUALIFICATIONS Each Applicant shall submit information and documentation that confirms it meets the following qualification requirement(s): A. Qualifications for Individuals i. Applicant must have graduated from an accredited law school and be license to practice law in the State of Florida ii. Applicant must have at least 10 years of progressively responsible legal experience with an emphasis in local government and civil law. iii. Applicant must have experience and demonstrated expertise in legal areas including, but not limited to, land use/zoning from a transactional and litigation perspective, procurement, labor/employment law, drafting and negotiating complex agreements, code enforcement, public records and ethics laws, litigation, tort law experience, and an understanding of sovereign immunity. The forgoing subjects comprise the majority of legal issues addressed by the City Attorney Office. iv. Applicant must have extensive experience and knowledge of local government and administrative law, advising elected bodies and administrative boards; Florida municipal government experience preferred. v. Applicant should be assertive yet respectful in providing concise and sound recommendations to the City Commission, while helping to accomplish the goals of the governing body in an innovative and creative way. vi. Applicant should possess exceptional interpersonal skills, composure, a team oriented philosophy, and the ability to work with a variety of diverse groups and issues. City of Delray Beach RFP No. 2016-128 Page 9 City Attorney Legal Services Bid 2016-128 vii. Applicant must disclose and describe any bar grievances, disciplinary actions or investigations, and ethics actions or investigations made against the Applicant. viii. Any additional information Applicant feels will be helpful to the City in evaluating their qualifications to serve as city attorney. ix. Applicant salary requirements. B. Qualifications for Firms i. Firm must designate the attorney who will serve as City Attorney. With respect to the attorney designated as City Attorney, the individual must meet the qualifications listed in items 2A, i. through vi. above and provide the disclosure and information requested in items 2A, vii through ix above. NOTE: Firms may submit multiple candidates to be considered for designation as the City Attorney. ii. A firm with an existing law office and practice within Palm Beach County is preferred. Consideration will be given to those non-Palm Beach County firms who agree to set up an office within Palm Beach County within 120 days of award. iii. Firm must provide resumes of partners and principals who will be assigned to the City engagement, including a detailed description of the experience that each attorney possesses relative to local government/municipal law. iv. Firm must provide resumes of associates or other staff that it anticipates assigning to perform any City services. v. Firm must provide a description of the general capabilities of the firm, including information relating to total size and staffing, research capability, professional staff, and clerical support. vi. A review of the firm's potential conflict of representation will be considered and will be an important factor considered in the selection of firm. The firm must agree that it shall not act as counsel in any lawsuit or other adversarial proceeding in which the City, any of its departments, divisions and boards, or any City official or employee is named as an adverse party, nor shall firm undertake any private representation of any party before the City or any other board of the City, in reference to any judicial or quasi-judicial hearing or proceeding, or any application, request for ruling or other determination, contract, claim, controversy, petition, or other matter, including lobbying, while retained as counsel to City. In the event the firm represents a pre- existing client or has a question regarding whether a proposed future representation may constitute a conflict of interest, firm shall immediately bring such matter to the attention of the City for the purpose of having the City determine, in their sole discretion, whether such representation is acceptable to City. All such determinations will be made on a case-by-case basis. vii. Firm should respond, as part of its proposal to provide legal services, with an explanation of how it intends to address and/or accommodate the existing employees of the City Attorney’s. City of Delray Beach RFP No. 2016-128 Page 10 City Attorney Legal Services Bid 2016-128 viii. Firm must describe its liability insurance coverage. Indicate the ability of your firm to hold harmless, indemnify and defend the city for losses, costs and expenses arising from any liability claims arising from the legal services agreement. ix. Firm must disclose any pending or resolved litigation, claims, charges or investigations asserted against the firm for the past 5 years. The firm must disclose any bar grievances, disciplinary actions or investigations, or ethics actions or investigations against the firm or any individuals of the firm which may be assigned to the City x. i. Any additional information you feel will be helpful to the City in evaluating your firms qualifications to serve as city attorney. xi. Firm shall also include detailed fee schedules describing a list of charges for all costs and services rendered. xii. With respect to Proposals from firms, each Proposal shall include, in addition to the above information, a detailed description of the range, scope, and method of providing City Attorney services. It is the intent of this RFP to allow flexibility in the proposal of City Attorney legal services by a firm. City of Delray Beach RFP No. 2016-128 Page 11 City Attorney Legal Services Bid 2016-128 SECTION 4: FORMS 1. AUTHORIZATION TO BIND APPLICANT Each proposal must be signed by a Person who is legally authorized to bind the Applicant to the proposal by executing Form A, Proposal Submittal Signature Page (attached). Each Proposal shall remain valid for at least one hundred and fifty (150) days after the Due Date. For Proposals submitted by a corporation must be executed in the corporate name by the CEO or President; by an LLC must be executed by a Member or Manager; by an LP must be executed by a General Partner; by a Partnership must be executed by a Partner and by an Individual must be executed by the Individual. His or her title must appear under his or her signature. If someone other than these authorized individuals executes the Proposal Submittal Signature Page, Applicant must provide documentation such as the company Articles of Organization or Operating Agreement that demonstrates the legal authority of the executor to sign on behalf of Applicant. 2. CONFLICT OF INTEREST The award of the agreement is subject to the provisions of Chapter 112, Florida Statutes. All Applicants must disclose within their Proposal by completing Form B, Conflict of Interest Disclosure, any potential conflict of interest. City of Delray Beach RFP No. 2016-128 Page 12 City Attorney Legal Services Bid 2016-128 Form A, Proposal Submittal Signature Page By signing this Proposal, the Applicant certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of Interest and Code of Ethics provisions. The execution of this form constitutes the unequivocal offer of Applicant to be bound by the terms of its Proposal. By signing this document, the Applicant agrees to all terms and conditions of this RFP which includes the Sample Agreement and is prepared to sign the Agreement as written. Applicant understands that if it submits exceptions to the Agreement in its Proposal, Applicant may be determined non-responsive. Failure to sign and submit this form may render the Proposal non-responsive. Firm Name: Street Address: Mailing Address (if different from Street Address): Telephone Number(s): Fax Number(s): Email Address: Federal Identification Number: Acknowledged by: Firm Name Signature Date Printed Name and Title City of Delray Beach RFP No. 2016-128 Page 13 City Attorney Legal Services Bid 2016-128 Form A - Signature Authority Indicate below Applicant’s type of organization and provide the required documentation as applicable to demonstrate that the executor of Applicant’s Proposal is duly authorized to execute on behalf of, and as the official act of, Applicant. Select Type of Organization Officer Who Signed Proposal Submittal Signature Page Required Authorizing Documentation Corporation President, Vice President, or Chief Executive Officer None Corporation Director, Manager, or other title Corporate resolution Limited Liability Company (LLC) – Member-Managed Member Articles of Organization or Operating Agreement Limited Liability Company (LLC) – Manager-Managed Manager Articles of Organization or Operating Agreement Limited Partnership General Partner Document demonstrating the legal authority to bind the Limited Partnership Partnership Partner None CEO, Director, Manager or other title Authorizing documentation Individual Individual None Documentation is not required. The required authorizing documentation is included with Proposal. City of Delray Beach RFP No. 2016-128 Page 14 City Attorney Legal Services Bid 2016-128 Form B, Conflict of Interest Disclosure The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest in the award of this contract. The term “conflict of interest” refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Select the statement below which applies to Applicant and, if applicable attach supporting information. To the best of my/our knowledge, the undersigned has no conflict of interest as defined in Chapter 112, Florida Statutes and Section 2-443, Palm Beach County Code of Ordinances. The undersigned individual/firm, by attachment to this form, submits information which may be a potential conflict of interest. Acknowledged by: Firm Name Signature Date Printed Name and Title City of Delray Beach RFP No. 2016-128 Page 15 City Attorney Legal Services Bid 2016-128 Page 1 of 10 CITY OF DELRAY BEACH, FLORIDA CITY ATTORNEY LEGAL SERVICES AGREEMENT The City of Delray Beach, Florida, a municipal corporation, with its principal place of business at 100 N.W. First Avenue, Delray Beach, Florida 33344 (the “City”) and Conrad & Scherer, LLP, with offices located at 633 S. Federal Highway, Ft. Lauderdale, Florida 33301, (the “Firm”) for and in consideration of the mutual covenants contained in this City Attorney Legal Services Agreement (the “Agreement”) and other good and valuable consideration, mutually agree as follows: WHEREAS, the City requires the retention of an Interim City Attorney during the time it recruits for a City Attorney replacement; and WHEREAS, the City desires to employ the services of the Firm as Interim City Attorney as further specified herein; and WHEREAS, Attorneys at the Firm have previously served as City Attorney and Assistant City Attorney to the City, and as such, are aware o f the City’s legal needs and priorities; and WHEREAS, the City and Firm desire to engage in a stable and flexible short term contractual relationship whereby the City can achieve pricing efficiencies for legal services and the Firm is available to provide service as City Attorney as required by the City Charter, as well as additional authorized legal services on as as-needed basis in a thoughtful and effective manner, and WHEREAS, the City agrees, subject to City personnel rules and policies, to continue to employ and make available as a resource to the interim City Attorney the existing staff and professionals currently employed in the City Attorney’s Office NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. RECITALS. The forgoing recitals are true and correct and incorporated into this Agreement herein as if set forth in full. Appendix A, Legal Services Agreement Bid 2016-128 Page 2 of 10 2. SELECTION OF FIRM. The Firm will provide legal services as the City Attorney to the City as required by the City Charter of Delray Beach (the “City Charter”) and as described herein. For purposes of this City Attorney Agreement, the primary attorney to serve as City Attorney shall be Noel Pfeffer with Michael Dutko, Jr. serving as his alternate or backup in the event of Mr. Pfeffer’s unavailability, if and when needed (the “Designated Attorneys”). As such, the Designated Attorneys from the Firm shall serve as City Attorney for the City pursuant to and in accordance with the City Charter and the Code of Ordinances. Mr. Pfeffer previously served as City Attorney and Mr. Dutko as Assistant City Attorney. The Firm was selected based upon the Firms substantive knowledge of governmental law, the City’s legal priorities and needs, to retain and have available institutional knowledge, and to provide continuity and stability to the Office of the City Attorney. 3. PROFESSIONAL LEGAL SERVICES. The Firm shall perform such services customarily associated with the City Attorney, and the Office of the City Attorney, excluding litigation matters, as more specifically set forth in Exhibit A attached hereto and made a part hereof, and, excluding litigation matters, such other services as may be directed or requested by the City Commission or City Manager. 4. COMPENSATION, TERMS, AND CONDITIONS. The Firm shall perform the City Attorney Legal Services set forth in Exhibit A for a monthly non-refundable flat fee retainer of $20,000 per 30 day period, payable in full on the 10th day of each month. The monthly fee shall be prorated in the event this Agreement is terminated effective before the end of any given 30 day period. If the monthly flat fee payment is not timely received the Firm shall have the right to immediately terminate this Agreement, or suspend the provision of all legal services until payment is made. The Firm’s right to terminate for failure to timely pay the monthly flat fee to the Firm shall not be subject to the termination provision set forth in Section 5 below. The Firm will be compensated for Special Legal Services, when authorized, at a blended special governmental hourly rate of $250, as set forth in Exhibit B. Appendix A, Legal Services Agreement Bid 2016-128 Page 3 of 10 5. DURATION AND TERMINATION. This City Attorney Legal Services Agreement (the “Agreement”) is effective as of July 13, 2016. Designated Attorneys through the Firm, shall provide City Attorney legal services as required by this Agreement and may not be substituted without the consent of the City. This Agreement may be terminated at the will of the City or by the Firm upon giving thirty (30) days prior written notice of the termination of this Agreement. The term of this Agreement shall not exceed 120 days, and may be terminated sooner as provided for herein. 6. ADMINISTRATION. For ease and convenience of administration and to the extent not in conflict with the City Commission or City Charter, the City hereby designates the City Manager to provide policy direction and instructions to the Designated Attorneys in the administration of the duties and professional legal service set forth herein, and to manage and administer the terms and provision of this Agreement on behalf of the City. 7. INSURANCE. The Firm shall maintain in full force and effect professional liability insurance in an amount not less than $1,000,000 per claim and shall, upon the request of the City, provide evidence of such coverage. 8. NOTICES. All notices under this Agreement shall be in writing and shall be provided to City at 100 N.W. First Avenue, Delray Beach, Florida 33344, Attention City Manager, and to City Attorney and Firm at 633 S. Federal Highway, Ft. Lauderdale, Florida 33301. 9. SEVERABILITY. If any provision or portion of this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or any portion thereof, shall be deemed to be severable and shall remain in full force and effect. 10. NON-LIABILITY FOR COSTS AND EXPENSES. The City shall defend the actions of the Firm in performing legal services on behalf of the City. The Firm shall not be liable for actual, incurred costs or expenses that are reasonable and necessary, and shall be reimbursed by City for any actual reasonable and necessary expenses paid by the Firm in connection with the carrying out its duties hereunder. The City is Appendix A, Legal Services Agreement Bid 2016-128 Page 4 of 10 responsible for all such costs incurred on the City’s behalf. These items are separately itemized on our statements as "costs advanced" or "disbursements" and will be itemized and billed to you periodically, usually on a monthly basis, depending upon activity, and are due within 15 days. To the extent practical, the Firm will utilize the photocopier of the City Attorney’s office to minimize costs. Unless otherwise agreed in writing, the City shall be liable for all fee bills rendered pursuant to this Agreement. 11. APPOINTMENT. Pursuant to the City Charter, the City hereby appoints the Designated Attorneys, through the Firm, as City Attorney for the City of Delray Beach, Florida. The City Manager is directed and authorized to use and consult with the Firm for City Attorney Legal Services and Special Legal Services when and if authorized as more specifically set forth on Exhibits A and B. 12. CONFLICT OF INTEREST. By executing this Agreement, the Firm covenants it has no public or private interest, direct or indirect, and shall not acquir e directly or indirectly and such interest which shall conflict in any manner with the performance of Firm’s services any obligations under this Agreement except as disclosed herein. The Firm discloses that, prior to entering into this Agreement, the Firm provided legal advice to a potential client with respect to the zoning regulations for tattoo establishments within the City. The Firm does not currently have an attorney/client relationship with that individual; however, pursuant to the Rules Regulating the Florida Bar, the Firm is prohibited from representing the City with respect to tattoo establishment regulation. By executing this Agreement, City waives any conflict and Firm agrees it shall perform no legal services in connection with this subject matter. 13. PUBLIC RECORDS. The Firm shall maintain files, available for inspection by the City Manager or his designee, containing documentation costs and fees incurred in connection with this Agreement. In accordance with Chapter 119, Florida Statutes, any documents of any nature produced pursuant to this Agreement shall be public record to the extent required by law. Neither the Firm nor any individual employed under this Agreement shall have any proprietary interest in any product(s) delivered under this Appendix A, Legal Services Agreement Bid 2016-128 Page 5 of 10 Agreement. The reasonable cost of preparing and photocopying the documents for the City may be charged for said services. 14. AGREEMENT AS INCLUDING ENTIRE AGREEMENT. This agreement is the sole agreement covering the Firm’s representation of Client in this matter and supersedes any prior agreements or understandings, whether written or oral. Any modification of this agreement must be in writing, signed by both parties. If any part of this Agreement shall for any reason be found unenforceable, the parties agree that all other portions shall nevertheless remain valid and enforceable. It is understood that we do not guarantee the accomplishment of any result but agree to give our best efforts on your behalf. The City understands that all expressions about the outcome are only opinions. 15. POWERS CONFERRED ON ATTORNEY. The Firm, through Designated Attorney’s has the authority to file any papers necessary and proper in any action which it is authorized pursuant to the terms of this Agreement to prosecute and defend on behalf of the City and the right and authority to do any and all things necessary and proper to protect the interest of the City. Any attorney employed by the Firm may provide legal support services or representation for monthly retainer services or as specifically authorized with respect to Special Legal Services under this Agreement. 16. CITY ATTORNEY CLIENT. Only the City of Delray Beach, Florida, acting by and through its City Commission, as a collegial body, shall be considered the Firm’s client. 17. APPLICABLE LAW, VENUE AND WAIVER OF JURY TRIAL. The laws of the State of Florida will govern the interpretation of this agreement, including all rules or codes of ethics which may apply to the provision of services by us. Further, by executing this Agreement, you agree that the County or Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida shall have jurisdiction over you and shall be the only venue for any dispute concerning this agreement or the services rendered herein to the exclusion of all other venues including Federal Court, even if the matters described in the Scope of Work above is based in another jurisdiction. Appendix A, Legal Services Agreement Bid 2016-128 Page 6 of 10 WAIVER OF JURY TRIAL: CLIENT HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY WITH RESPECT HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT FOR CONRAD & SCHERER, LLP’s ACCEPTING REPRESENTATION OF CLIENT. [BALANCE OF PAGE INTENTIONALLY LEFT BLANK] Appendix A, Legal Services Agreement Bid 2016-128 Page 7 of 10 IN WITNESS WHEREOF, the parties have caused this City of Delray Beach, Florida Legal services Agreement to be executed this __ day of July, 2016. ATTEST: CITY OF DELRAY BEACH, FLORIDA ________________________ By:_______________________________ City Clerk Cary Glickstein, Mayor Approved as to Form: ________________________ City Attorney WITNESSES: CONRAD & SCHERER ______________________________ By: ___________________________ Print Name:____________________ Noel Pfeffer, Partner ______________________________ Print Name:____________________ STATE OF ________________ COUNTY OF ______________ The foregoing instrument was acknowledged before me this _____ day of _________________, 2016, 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. _____________________________________ Signature of Person Taking Acknowledgment ____________________________________ Name Typed, Printed or Stamped Appendix A, Legal Services Agreement Bid 2016-128 Page 8 of 10 EXHIBIT A CITY ATTORNEY LEGAL SERVICES 1. The Firm will provide legal services as City Attorney consistent with the Charter of the City. For purposes of this Agreement, Noel Pfeffer and Michael Dutko, Jr. through Conrad & Scherer shall be Designated Attorneys pursuant to Section 2 of the Agreement. 2. The City Attorney retainer services described herein are to be provided in concert with the City Commission, designated officials and staff of the City including the City Manager, Department and Division Directors. Such legal Services, as enumerated below, are to be provided as City Attorney Legal Services. Additional Special Counsel Legal Services may also be provided by the Firm on an hourly basis, as specified in Exhibit B, or as otherwise approved by the City Commission or City Manager. 3. City Attorney Legal Services shall encompass the following: (a) Attend and participate in agenda review staff meetings, prepare for and attend City Commission meetings, workshops, and attorney client sessions, if and when deemed necessary, or any other special meetings convened by the City Commission. (b) Review and approve as to form ordinances, resolutions and contracts presented to the City Commission. (c) Manage and oversee the staff, attorneys, and work of the Office of the City Attorney. (d) Participate in standing weekly conference calls at a time mutually agreed to by City Manager, City Attorney and, if applicable, City staff to identify and discuss outstanding legal issues, share information associated with services to be provided by the Firm, and address the means to serve the City’s legal issues. (e) Provide legal advice to the City Commission members and participate in individual conference calls in order to provide advice regarding City Commission agenda items or ethics inquiries. (f) Maintain on-site office hours of no less than 8 hours per week for the Office of the City Attorney management, operations, and any other needs consistent with this Agreement. Participate in conference calls on an as needed basis with employees of the City attorney’s office. (g) Meetings with City Manager and City staff, if and when necessary (h) Monitor and report on the progress of services handled or represented by outside legal counsel. Appendix A, Legal Services Agreement Bid 2016-128 Page 9 of 10 (i) Prepare a RFP for the recruitment of a permanent City Attorney. Such RFP shall be subject to the review and approval of he City Commission before advertised. 4. Special Legal Services. Before undertaking any legal services not contemplated above. 5. Costs and Expenses. The Firm shall only charge for actual costs and expenses incurred and invoiced by the Firm on behalf of this engagement. 6. Billing and Payment. The Firm shall bill the City on a monthly basis for services rendered and any expenses incurred in connection with the Firms representation of the City. Appendix A, Legal Services Agreement Bid 2016-128 Page 10 of 10 EXHIBIT B CITY ATTORNEY LEGAL SERVICES Special Legal Services. Before undertaking any legal services which are in addition to and not contemplated in Exhibit A, the Firm shall obtain the consent of the City Commission or written consent of the City Manager. Special Legal Services which are in addition to, and not contemplated by Exhibit A, excluding litigation services, shall be provided at a discounted blended governmental hourly rate of $250 of attorney time, Appendix A, Legal Services Agreement Bid 2016-128 55 66 Question and Answers for Bid #2016 -128 - City Attorney Legal Services Overall Bid Questions There are no questions associated with this bid. Final Ranking RFP 2016-128 City Attorney Legal Services GrayRobinson 4 1 4 2 3 14 Greenspoon Marder 3 4 3 1 4 15 Lohman Law 1 2 1 4 1 9 Nason Yeager 2 3 2 3 2 12 The firm with the lowest TOTAL will be the highest ranked firm. To t a l Ranking City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-1075,Version:1 ROUTINE BUSINESS:(All Items Under this Subsection to be Approved by one Motion. Any Item Under Routine Business May Be Moved by Commission for Separate Consideration). City of Delray Beach Printed on 10/26/2016Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-1066,Version:1 TO:Mayor and Commissioners FROM:Theresa Webb, Chief Purchasing Officer THROUGH:Donald B. Cooper, City Manager DATE:November 1, 2016 REJECT ALL BIDS FOR ITBC 2016-137 BEACH MASTER PLAN Recommended Action: Motion to Reject all bids received in response to ITBC 2016-137 for the Beach Master Plan Background: On August 22, 2016, an Invitation to Bid for Construction ITBC 2016-137 was advertised. One bid was received in response to the solicitation. The bid price exceeded the City’s available budget funding for the project. Staff recommends rejection of all bids so that applicable modifications can be made to the requirements and the project re-solicited. This request is in accordance with the City Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Methods of Acquisition, Competitive Bids". City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is provided in account number 334-4144-572-63.20. City of Delray Beach Printed on 10/26/2016Page 1 of 1 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-966,Version:1 TO: Mayor and Commissioners FROM: Jeffrey Snyder, CFO THROUGH: Donald B. Cooper, City Manager DATE: November 1, 2016 RESOLUTION NO. 52-16; MASTER LEASE PURCHASE AGREEMENT WITH PNC BANK EQUIPMENT FINANCE Recommended Action: Motion to Approve Resolution No. 52-16; approving the form and authorizing the execution and delivery of a Master Lease Purchase Agreement with PNC Equipment Finance in an aggregate principal amount not to exceed $2,650,000. Background: On September 8, 2016, the City Commission approved a purchase award to Ten-8 Fire Equipment, Inc., for the purchase of a Pierce Velocity 75' heavy aluminum Ladder Truck, which is replacing a ladder truck currently located at the Highland Beach Fire Station. Financing quotes were solicited from three institutions. PNC Equipment Finance was the lowest bidder. The attached lease analysis compares price quotes from Florida League of Cities, PNC Equipment Finance, and Banc of America Public Captial Corp, who required terms not favorable to the City. We will be bringing forward a budget amendment in mid-year for the full purchase price of the fire apparatus. At that time, we will be evaluating the excess revenues and recommending using cash to purchase the fire apparatus where prudent. The remaining fire apparatus will be purchased using a bank loan, much like borrowing money to purchase a new car, called a lease purchase agreement. Under the terms and conditions of the lease purchase, the City owns the equipment at the end. Additionally, we are requesting to include the financing for 80 Golf Carts, purchased May 13, 2016 for the City's Municipal Golf Course, in the amount of $186,800.00. Financing was originally determined to be with SunTrust Bank, but the contract terms were not favorable to the City. We were able to find more favorable financing through PNC Equipment Finance (also included in the attached lease analysis). City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: A budget appropriation request will be forthcoming during the mid-year budget amendment process for the total purchase price of these Fire Trucks whether cash funded or bank funded. City of Delray Beach Printed on 10/26/2016Page 1 of 2 powered by Legistar™ File #:16-966,Version:1 Timing of Request: To maintain the current financing rates, an expeditous approval is requested. City of Delray Beach Printed on 10/26/2016Page 2 of 2 powered by Legistar™ RESOLUTION NO. 52-16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT WITH PNC EQUIPMENT FINANCE, LLC, AS LESSOR, TOGETHER WITH SEPARATE SCHEDULES THERETO; AUTHORIZING THE ACQUISITION, PURCHASE, FINANCING AND LEASING OF CERTAIN EQUIPMENT FROM TIME TO TIME, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,650,000; NO GENERAL OBLIGATION; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE TO CONSUMMATE THE TRANSACTION CONTEMPLATED HEREIN; SEVERABILITY OF INVALID PROVISIONS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City Commission (the “Commission”), as a governing body of the City of Delray Beach, Florida (the “City”), is authorized by under the laws of the State of Florida, particularly Chapter 166, Florida Statutes, as amended, to purchase, acquire and lease personal property for the benefit of the City and its inhabitants and to enter into agreements with respect thereto; and WHEREAS,the Commission hereby determines that a need exists for the acquisition, purchasing and financing of certain equipment, including but not limited to, two Pierce Velocity pumpers, one Pierce Velocity 75’ Heavy Aluminum ladder truck, golf carts and such other equipment as may be necessary for the provision of public safety and other general municipal services (collectively, the “Equipment”); and WHEREAS,in order to acquire such Equipment, the City desires to enter into that certain Master Lease-Purchase Agreement (the “Master Equipment Lease”) with PNC Equipment Finance, LLC, as lessor (the “Lessor”), attached hereto as Exhibit “A”, together with separate schedules, (each, a “Schedule”), in the form attached to the Master Equipment Lease; and, WHEREAS,the Commission hereby determines that it is in the best interest of the City for the efficient and effective acquisition, purchase and financing of the Equipment, and based on the current market conditions, and to achieve the best interest rates on favorable terms offered by the Lessor, it is in the best interest of the City to enter into the Master Equipment Lease with the Lessor on a negotiated basis; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 2 RES NO 52-16 Section 1.FINDINGS AND DETERMINATIONS. It is hereby ascertained, determined and declared that: (a)The acquisition, purchase and financing of the Equipment from time to time serve a valid municipal purpose. (b)The City, having previously solicited proposals for lease financing, has determined that the best qualified proposal for such Lease financing was delivered by the Lessor. (c)The negotiation of the lease financing with the Lessor is in the best interest of the City by reason of the nature of and schedule to receive proceeds under the Master Equipment Lease when needed, the aforementioned solicitation of proposals and the present market conditions. (d)The Master Equipment Lease, in the form attached hereto as Exhibit A, together with the form of Schedule attached thereto, is hereby approved, with such omissions, insertions and variations as may be necessary and desirable, as evidenced by the City’s execution thereof and the Mayor (or in his absence, the Vice Mayor) and City Clerk are hereby authorized to execute the Master Equipment Lease on behalf of the City. (e)Any capitalized term not otherwise defined herein, shall have the meaning ascribed to such term in the Master Equipment Lease. Section 2.AUTHORIZATION OF LEASE PURCHASE FINANCING. Subject and pursuant to the provisions of this Resolution and the Master Equipment Lease, the City is hereby authorized to acquire and finance the costs of the Equipment in the aggregate principal amount of not exceeding Two Million Six Hundred Fifty Thousand Dollars ($2,650,000) under the Master Equipment Lease. The City Manager is hereby authorized to execute one or more Schedules to the Master Equipment Lease for the acquisition, purchase and financing of the Equipment, each Schedule together with the Master Equipment Lease is hereinafter referred to as a “Lease”. Upon execution of such Schedule, the City Manager shall provide to the Commission within three days of such execution, a memorandum informing the Commission of the terms of the Schedule. The total aggregate principal amount to be financed under all of the Schedules shall not exceed Two Million Six Hundred Fifty Thousand Dollars ($2,650,000). Section 3.NO GENERAL OBLIGATION. Nothing contained in this Resolution, the Master Equipment Lease, any Schedule, any Lease or any other instrument shall with respect to Rental Payments or any other obligation thereunder constitutes an indebtedness of the City within the meaning of any constitutional, statutory or other limitation of indebtedness, but shall be secured and payable solely as a current expense. The Lessor shall never have the right to compel the exercise of the ad valorem taxing power of the City with respect to any payment or obligation of the City under the Master Equipment Lease, any Schedule, Lease or any other instrument contemplated thereby. 3 RES NO 52-16 Section 4.SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions of this Resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and shall in no way affect the validity of any of the other provisions of this Resolution. Section 5.FURTHER AUTHORIZATIONS; RATIFICATION OF PRIOR ACTS. That the Mayor, Vice Mayor, the City Manager, the Chief Financial Officer, the Treasurer, the City Clerk, the City Attorney and any other authorized official of the City, be and each of them is hereby authorized and directed to execute and deliver any and all documents and instruments, and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution. All actions heretofore taken and documents prepared or executed by or on behalf of the City by any of its authorized officers in connection with the transactions contemplated hereby, are hereby ratified, confirmed, approved and adopted. Section 6.REPEALER. That all resolutions or proceedings, or parts thereof, in conflict with the provisions of this Resolution are to the extent of such conflict hereby repealed. Section 7.EFFECTIVE DATE. That this Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED this ___________day of _______________, 2016. ______________________________ Mayor ______________________________ CITY CLERK Florida League of Cities PNC Equipment Financing Purchase Price 75' Aerial 913,349 913,349 Equipment Cost 130,500 130,500 Total Purchase Price 75' Aerial Vehicle 1,043,849 1,043,849 Years Financed 7 7 Computed Annualized Interest Rate Annual Payments 158,754.98 157,771.87 Monthly Payment 13,229.58 13,147.66 Total Lease Payments 1,111,284.86 1,104,403.09 Financing Cost 67,435.86 60,554.09 De Lage Landen (Club Car) pay monthly PNC Equipment Financing Net Purchase Price 80 Golf Carts 186,800 186,800 Years Financed 5 5 Computed Annualized Interest Rate 3.290000%2.850000% Annual Payment 40,569.60 40,129.32 Monthly Payments 3,380.80 3,344.11 Total Lease Payments 202,848.00 200,646.60 Financing Cost 16,048.00 13,846.60 Banc of America Public Capital Corp (1) 913,349 130,500 1,043,849 7 - - - - (1) Required Upfront Escrowed Funds SunTrust Lease/Purchase pay monthly 186,800 5 2.910000% 40,189.08 3,349.09 200,945.40 14,145.40 City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-014,Version:1 TO:Mayor and Commissioners FROM:Steven Chapman, Interim Chief Purchasing Officer Jack Warner, CFO THROUGH:Donald B. Cooper, City Manager DATE:February 2, 2016 LEASE AWARD TO CLUB CAR FOR USED GOLF CARTS Recommended Action: Motion to acquire 80 used golf carts (capital cost $314,800) using third party financing for $3,349.09 per month for a 60-month term. Motion to trade in 80 used golf carts for $128,000. Background: The City is replacing 80 golf carts at the Delray Beach Municipal Course.Staff recommends using the same acquisition structure and pricing approved by the Commission in July 2015 for a similar acquisition of 60 carts for the Lakeview Golf Course.The net cost to the City,after credit for trading in the existing carts, $186,800 plus $14,145.40 in financing costs to be paid over five years. On July 7, 2015, the Commission approved the acquisition of 60 golf carts for the Lakeview Golf Course, in accordance with Section 36.02(A)(1)Competitive bids. In this procurement, the City issued Bid 2015-43 for the purchase of 60 used golf carts and trade-in of 60 2006 golf carts on April 13, 2015. There were 154 copies of the advertisement mailed. The City received two bids on May 7, 2015, from Club Car, Inc. and E-Z-Go Division of Textron Inc. Club Car, Inc. was the lowest bidder with a purchase price of $236,100 and a trade in amount of $96,000 for a total net cost of $140,100. To address forecasted tight cash flows in the Golf Course Fund,staff solicited financing quotes from three institutions,including the cart venders.The approved finance option was a 60 months finance lease at $2,535.60 per month.Under terms of the selected structure,the City owns the carts and will have the option to retain them after lease expiration. In this current procurement,staff recommends using the same structure and using the cart price results of the July procurement to acquire 80 golf carts for the Municipal Golf Course.Pricing of both the carts has been updated and confirmed by Club Car, Inc. Club Car,Inc.is the low bidder with a purchase price of $3,935 per cart and a trade in amount of $1,600 per cart for a total net cost of $186,800 for 80 carts. Staff solicited new financing proposals from the cart vender and three additional institutions.The proposal from SunTrust provided the lowest pricing.The lease payment will be $3,349.09 per month for 60 months, for a total financing cost of $14,145.40. City of Delray Beach Printed on 1/27/2016Page 1 of 2 powered by Legistar™ File #:16-014,Version:1 City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Delray Beach Municipal Golf Course - Capital Lease - 445-7111-582-71.30. Timing of the Request: This is time sensitive due to the age of the current golf carts at Delray Beach Municipal Golf Course. City of Delray Beach Printed on 1/27/2016Page 2 of 2 powered by Legistar™ City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-1024,Version:1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning, Zoning and Building Director THROUGH: Donald B. Cooper, City Manager DATE: November 1, 2016 ORDINANCE NO. 33-16: AN AMENDMENT TO THE CITY'S LAND DEVELOPMENT REGULATIONS FOR TATTOO ESTABLISHMENTS AS A SPECIFIC USE WITHIN CERTAIN COMMERCIAL DISTRICTS (FIRST READING / FIRST PUBLIC HEARING) Recommended Action: Motion to Approve Ordinance No. 33-16 regarding tattoo establishments as a specific use within General Commercial, Central Business District, Old School Square Historic Arts District, and Planned Commercial zoning districts on first reading. Background: Recent federal court decisions in Florida and California have held that tattooing is a form of expressive conduct that is protected under the First Amendment of the U.S.Constitution.As protected speech,tattooing uses and tattoo establishments may be regulated only if the regulation: (1)is justified without reference to the content of the regulated speech,(2)is narrowly tailored to serve a significant governmental interest,and (3)leaves open ample alternative channels for communication of the information. Currently,Delray Beach's Land Development Regulations (LDRs)do not specifically list “tattoo establishment”or related uses as either a principal,accessory,or conditional use.Previously,the City sought to determine whether or not the use is allowable through the similarity of use process outlined by Section 4.3.2(C)(1)and (2)of the LDRs until such time as the LDRs are amended to include regulations for the use.As set forth by Section 4.3.2(C)(3),when a use is not allowed by similarity of use, it is prohibited. On March 21, 2016, the Planning & Zoning Board approved (5-0; Krall and Pike absent) a similarity of use determination for “tattoo establishment” after being petitioned by a tattoo artist. However, this determination was appealed by the City Commission and, after a public hearing held June 7, 2016, denied (5-0). The tattoo establishment that was the subject of the appeal was ultimately approved at the proposed location, 165 Avenue L. The City Commission subsequently approved (5-0) Resolution 26-16 on June 7, 2016, establishing a zoning in progress to allow the City to prepare proposed revisions to the LDRs to address tattoo establishments and tattooing. The findings for the proposed ordinanace are documented in the attached exhibits and focus on the potential increases in call for police services based upon documented crime statistics. For example the findings note that there have been 14 calls for service at existing tattoo establishments in Palm Beach County in the past year. The findings further discuss the correlation between outlaw City of Delray Beach Printed on 10/26/2016Page 1 of 3 powered by Legistar™ File #:16-1024,Version:1 motorcycle gangs and criminal activity, specifically street-level drug sales, and large scale drug distribution, and the involvement in motorcycle gangs in tattoo businesses. Finally, the findings address the correlation between tattooing and high risk behaviors of adolescents aged 14 to 20, including substance abuse. Based on these City has reasonable basis to believe that the proposed regulations limiting the location of tattoo establishments will help advance the City’s goals of protecting the health and safety of its residents, especially in light of the recent epidemic of heroin overdoses in the City. The Delray Beach Police Department (DBPD) reports that in 2016 there have been 360 overdoses in the City, which have resulted in 31 deaths. Restricting the flow of drugs, including cracking down on organizations that are known for trafficking drugs into the City, is of paramount importance to the City and a stated goal of the Delray Beach Police Department. These regulations will also help to support the City’s goal of preserving the unique character and aesthetic of its award winning, family friendly, historic downtown and neighborhoods and its renowned beach resort community. The following studies and reports supporting Staff’s findings are attached: ·Exhibit A: Calls for service for tattoo establishments in Palm Beach County in the past year. ·Exhibit B: 2015 National Gang Report, National Gang Intelligence Center (unclassified) ·Exhibit C: Florida Gang Reduction 2013 Annual Report, Florida Attorney General ·Exhibit D: Delray Beach Police Department statistical data for overdoses from heroin in 2016 ·Exhibit E:2015 Annual Report,City of Delray Beach Police Department,highlighting the efforts to combat heroin distribution and sales within the City of Delray Beach ·Exhibit F: Local newspaper reports: o “Delray Beach:Municipal Departments Facing Impact of Addiction Crisis”,Coastal Star, September 29, 2016. o “August Deadliest Month For Heroin Overdoses In Delray Beach”,Palm Beach Post, September 6, 2016 o “Heroin linked to Rising Death Toll”, Coastal Star, March 2, 2016 o “Outlaw Motorcycle Gangs Still Prevalent in Florida”, Miami Herald, May 24, 2015 o “Delray Beach Police:28 Drug Dealers Arrested in Just 10 Days”,Palm Beach Post, April 26, 2016 ·Exhibit G:Tattooing and High-Risk Behavior in Adolescents,Timothy A.Roberts and Sheryl A. Ryan,Pediatrics 2002; updated in 2005. Based on these studies and reports, there is evidence to support a finding that tattoo establishments can have potential adverse secondary impacts and that limiting these effects by imposing distance requirements will further the City’s interests. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: N/A City of Delray Beach Printed on 10/26/2016Page 2 of 3 powered by Legistar™ File #:16-1024,Version:1 Funding Source: N/A Timing of Request: The ordinance should be adopted before the expiration of the zoning in progress, November 21, 2016. The public hearing is scheduled for November 15, 2016, for the second reading and adoption. City of Delray Beach Printed on 10/26/2016Page 3 of 3 powered by Legistar™ ORDINANCE NO. 33-16 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 SECTION 4.3.3, “SPECIAL REQUIREMENTS FOR SPECIFIC USES”, BY ADDING A NEW SECTION 4.3.3(ZB), “TATTOO ESTABLISHMENTS”; AMENDING SECTION 4.4.9, “GENERAL COMMERCIAL (GC) DISTRICT”; SUBSECTION 4.4.9(B), “PRINCIPAL USES AND STRUCTURES PERMITTED”, BY ADDING A NEW PARAGRAPH (8); AMENDING SECTION 4.4.12 “PLANNED COMMERCIAL (PC) DISTRICT”, SUBSECTION 4.4.12(B), “PRINCIPAL USES AND STRUCTURES PERMITTED”; AMENDING TABLE 4.4.13(A) – ALLOWABLE USES IN THE “CENTRAL BUSINESS (CBD) SUB-DISTRICTS”; AMENDING 4.4.13(C), “USE LIMITATIONS ON REQUIRED RETAIL FRONTAGES”; SUBSECTION 4.4.13(C)(3)(b), “CENTRAL CORE AND BEACH SUB-DISTRICTS”; AMENDING SECTION 4.4.24, “OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT”; SUBSECTION 4.4.24(B), “PRINCIPAL USES AND STRUCTURES PERMITTED” BY ADDING A NEW PARAGRAPH (16); PROVIDING A SAVING 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 October 17, 2016 and voted __6___ to __0___ to recommend approval of the amendments to the City Commission; 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 of Delray Beach finds that it is in the public interest and the health, safety and welfare of the community to protect the unique character and aesthetic of the City of Delray Beach’s award- winning, family friendly, historic downtown and neighborhoods, and its renowned beach resort community that attracts families; and WHEREAS, the City finds that it is also in the public interest and the health, safety and welfare of the community to protect the safety of particularly vulnerable and valued populations such as children and families through reasonable zoning regulations; and WHEREAS, the City wishes to regulate the location of tattoo establishments consistent with the public interest and the health, safety and welfare of the community and consistent with the constitutional protections provided to speech and expression; and 2 ORD. NO. 33-16 WHEREAS, the City has a reasonable basis to believe that there are land use compatibility issues related to the siting of tattoo establishments and their customers near churches and schools, and that it is in the public interest therefor to buffer tattoo establishments from churches and schools; and WHEREAS, buffer requirements do not unreasonably restrict the establishment or operation of constitutionally protected tattoo establishments in the City of Delray Beach, and that the ability of tattoo establishments to locate as permitted uses in various zoning districts allows reasonable alternative locations for these uses to locate; and WHEREAS, the City has undertaken to investigate and study the secondary impacts of tattoo establishments and has learned that tattoos and tattoo establishments are associated with gangs, who are also related to criminal activities including illegal drugs and violence; and WHEREAS, the County of Palm Beach is among the Florida counties with the highest incidence of criminal gang activity in the state; and WHEREAS, the City and its environs are currently experiencing an unprecedented incidence of drug overdoses which present a public safety challenge of significant proportions; and WHEREAS, the state recognizes the dangers of tattooing of children by prohibiting tattooing of a minor child younger than 16 years of age unless the tattooing is performed for medical or dental purposes, and prohibiting tattooing of a minor child at least 16 years of age but younger than 18 years of age unless the parent or legal guardian consents and accompanies the child; and WHEREAS, zoning and locational regulations for tattoo establishments are necessary to prevent deterioration of the community safety and vitality before a problem exists, rather than waiting for problems to be created; and WHEREAS, the City does not intend to suppress or infringe upon any expressive activities protected by the First Amendment of the U.S. Constitution, but instead desires to enact reasonable time, place, and manner regulations that address the adverse effects of tattoo establishments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 4.3, “District Regulations, General Provisions”, Section 4.3.3, “Special Requirements for Specific Uses”, of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by adding a new Section 4.3.3(ZB), “Tattoo Establishments”, to read as follows: [Text formatted with underline is to be added; text formatted with strike-through is to be deleted; text with no formatting is currently within the respective section of the Land Development Regulations.] 3 ORD. NO. 33-16 Section 4.3.3 Tattoo Establishments: (ZB) Tattooing and Tattoo Establishments: Purpose: It is the intent of this section to permit Tattooing and Tattoo Establishments, which are expressive activities protected by the U.S. Constitution, pursuant to reasonable time, place, and manner restrictions which are narrowly tailored to protect: the unique character and aesthetic of the City of Delray Beach’s award-winning, family-friendly, historic downtown and neighborhoods and renowned beach resort community; property interests and rights; the public health, safety, and welfare; and the administration of local laws. (1) Tattoo means a mark or design made on or under the skin of a human being by a process of piercing and ingraining a pigment, dye, or ink in the skin. (2) Tattooing Establishment is any establishment or business engaged in tattooing excluding micropigmentation or permanent cosmetic makeup typically provided at beauty salon or day spas. (3) Hours of Operation: Tattoo establishments are limited to operating between 8 a.m. to 10 p.m. (4) Visibility of Tattooing: Tattooing shall not be visible from a public right-of-way public land, public open space or any private property open to the public, including common areas. (5) Accessory Use Regulations: a) Tattooing shall be permitted as an accessory use within Medical, Professional, and Business Offices pursuant to all other provisions of the LDRs, except where expressly prohibited. b) Where a tattoo establishment would otherwise be a permitted principal use but for the prohibition set forth by Section 4.3.3(ZB)(4), tattooing shall be permitted as an accessory use pursuant to all other provisions of the LDRs. For example, tattooing, even as an accessory use shall not occupy “Required Retail Frontage” within any of the CBD Sub-districts. c) When permitted as an accessory use, tattooing shall be limited as follows: i) 40% or less of GFA of the overall tenant space of the principal use. ii) No exterior signage specifically for tattooing or related activities. 4 ORD. NO. 33-16 (6) Prohibition by Frequency. Whether allowed as a principal use, tattoo establishments and/or tattooing shall be located no more than one per block or within 750 feet of another such use, as measured from lot line to lot line in a straight line. (7) Prohibition by Proximity. Tattoo establishments shall not be located within 300 feet of an established school or church. a) With respect to schools, the 300 feet distance shall be measured from the nearest point of the building of the place of business, location, or establishment to the nearest point of the school grounds in use as a part of the school facilities. b) With respect to churches, the 300 feet distance shall be measured from the nearest point of the building of place of business, location, or establishment to the nearest point of the church building or buildings. c) The 300 feet distance shall be measured in a straight line. Section 2. That Article 4.4, “Base Zoning District”, Section 4.4.9, “General Commercial (GC) District”, Paragraph (B), “Principal Uses and Structures Permitted”, of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 4.4.9 General Commercial (GC) District: (A)Purpose and Intent: The General Commercial (GC) District provides basic regulations for small parcels which are best suited for general retail and office uses. In addition, this district has provisions in the Four Corners Overlay District which encourages mixed use development that may include retail, office, and multi-family uses. The GC designation is applied to small parcels, most of which are developed, where adherence to standard regulations is most appropriate. The GC designation is to be applied primarily along arterial and collector streets. Uses may be conducted singularly or in combination within the same structure. (B)Principal Uses and Structures Permitted: The following are allowed within the GC District as permitted uses, except as modified in the Four Corners Overlay District by Section 4.4.9(G)(3)(a). (1)General retail uses and/or facilities, including, but not limited to: (a)Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, pharmacies, electrical fixtures 5 ORD. NO. 33-16 and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home furnishings, ice cream, lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. (2)Business, Professional, and Medical uses including, but not limited to: (a)Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business offices, professional offices, and medical offices. (3)Contractor's Offices, including but not limited to: (a)Air conditioning, general contractor, electrical, painting, and plumbing; however, any outside storage of materials is prohibited. (4)Services and Facilities including, but not limited to: (a)Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site processing for customer pickup only, dry cleaning and laundry pickup stations, financing e.g. banks and similar institutions including drive-through facilities, laundromats limited to self-service facilities, pet grooming, restaurants including drive-in and drive-through, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate-judo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). With the exception of bicycles with an electric-helper motor as defined in Section 72.02, Delray Beach Code of Ordinances, all rented sporting goods must be non-motorized. (b)Abused spouse residence with forty (40) or fewer residents, galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, indoor shooting ranges, museums, libraries, newsstands, commercial or public parking lots and parking garages, theaters excluding drive-ins. (5)Dwelling units, and residential licensed service provider facilities and assisted living facilities, in the same structure as commercial uses provided that: 6 ORD. NO. 33-16 commercial uses must be provided on the ground floor; commercial uses on the ground floor must occupy no less than 25% of the total structure excluding square footage devoted to vehicular use; residential uses are not located on the ground level; residential uses and non-residential uses are physically separated and have separate accessways; and the residential density does not exceed 12 units per acre, except the Four Corners District which may have a free standing residential building as part of a multi-building unified master plan or the residential component may be a part of a single mixed use building. The density of the Four Corners Master Plan shall not exceed 30 dwelling units per acre and is subject to the provisions under Section 4.4.9 (G)(3)(d)(4). (6)Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers, subject to the locational restrictions of Section 4.4.9(H)(3). (7)Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (8)Tattoo Establishments, pursuant to restrictions set forth in Section 4.3.3(ZB). Section 3. That Article 4.4, “Base Zoning District”, Section 4.4.12, “Planning Commercial (PC) District”, Paragraph (B)(1), “Principal Uses and Structures Permitted” of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (B)Principal Uses and Structures Permitted: The following types of use are allowed within the PC District as a permitted use, except within the Four Corners Overlay District which shall be pursuant to Section 4.4.9(G)(3)(a): (1)All uses allowed as such within the GC District [Section 4.4.9(B)(1) through (5) and (7) (8)]. (2) Automobile brokerage, including vehicle display within an enclosed structure, but excluding any preparation, service, or repair work. Section 4. That Article 4.4, “Base Zoning District”, Section 4.4.13, “Central Business District”, Table 4.4.13(A), of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: 7 ORD. NO. 33-16 Table 4.4.13 (A) -Allowable Uses in the CBD Sub-Districts CentralCore RailroadCorridor BeachArea WestAtlanticNeigh.5 General retail uses and/or facilities, as in GC district (4.4.9)1 2 P P P P Business, professional, and medical uses, as in GC district (4.4.9)P P P P Services and facilities, as in GC district (4.4.9), excluding drive-through facilities P P P P Multiple-family dwellings3, including residential licensed service provider facilities P P P P Assisted living facilities, nursing homes, and continuing care facilities P P P P Live/work units (see 4.3.3(KKK))P P P P Hotels, motels, and residential-type inns3 (see 4.3.3(M) and 4.3.3 (X))P P P C Bed and breakfast inns (see 4.3.3 (Y))P P P C Public Parking Garages, as mapped on a Regulating plan P,S P,S P,S P,S Fabrication and/or Assembly -P -- Wholesaling, Storage, and Distribution4 -P -- Contractor and trade services -P -- Automobile brokerage, including vehicle display within an enclosed structure -P -- Tattoo Establishments (see 4.3.3(ZB)P,A P,A P,A P,A Family day care homes (see 4.3.3(T))A A A A Home occupations (see 4.3.3(K))A A A A Mechanical parking lifts (see 4.6.9(D)(11) and 4.6.9(F)(4))A,S A A,S A,S Parking areas and refuse and service areas A,S A A,S A,S Recreational facilities (for a multiple-family complex)A A A A Services and repair (incidental to the principal use)A,S A A,S A,S Single-family dwelling (occupied by owner, proprietor, or employee of the principal use)A A A A Storage of inventory (not shared or leased independent of the principal use)A,S A A,S A,S Automobile repair -C -- Child care and adult day care facilities (see 4.3.3(E))C C C C Commercial recreation, such as bowling alleys and skating rinks C C C C Community residential homes (see 4.3.3(I))C C C C Drive-through facilities (serving banks, retail uses, etc.)C C C C Food Preparation and/or Processing -C -- Flea markets, bazaars, and similar retail uses C C C C Funeral homes, including accessory uses such as a chapel or crematory C C C C Gasoline stations and/or car washes C C -- Group homes, Type 2 only (see 4.3.3(I))C C C C Large family child care homes (see 4.3.3(TT))C C C C Dry-cleaning Processing Plants -C -- 8 ORD. NO. 33-16 Segway tours and Segway sales (see 4.3.3(ZZZZ))C C C C Theaters, excluding drive-ins C C C C Veterinary Clinics C C C C 24-hour or late-night businesses, within 300' of residential property (see 4.3.3(VV))C C C C Section 4. That Article 4.4, “Base Zoning District”, Section 5. That Article 4.4, “Base Zoning District”, Section 4.4.13(3)(b) “Central Business District”, of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (b) Central Core and Beach Sub-districts. 100% of the building frontage of the sidewalk level story shall be for the following uses (as described in Table 4.4.13(A)), for a minimum depth of 20 feet: 1. General retail uses and/or facilities, except that sales of automotive parts, lawn care equipment, or second hand material (other than verifiable antiques) are not permitted. 2. Services and facilities, excluding tattoo establishments. 3. Hotels, motels, or residence-type inns Section 6. That Section 4.4.24, “Old School Square Historic Arts District”, Paragraph (B), “Principal Uses and Structures Permitted” of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by adding a new Paragraph (16) to read as follows: (B)Principal Uses and Structures: The following types of uses are allowed within the OSSHAD as a permitted use: (1)Single family detached dwellings. (2)Duplex structures. (3)Business, Professional, Medical and Governmental Offices. (4)Retail uses and/or facilities through specialty shops (single purpose businesses) such as: bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shops, excluding liquor stores, convenience stores and pharmacies. (5)Arts related businesses such as craft shops, galleries, and studios within which is conducted the preparation of, display of, and/or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass. 9 ORD. NO. 33-16 (6)Educational and/or Instructional activities including training, vocational, or craft schools, the arts, personal development, and libraries, museums, and social and philanthropic institutions. (7)Restaurants of a sit down nature such as a cafe, snack shop, full service dining but excluding any drive-in and/or drive-through facilities or features. (8)Providing of personal services such as barbershops, beauty shops, salons, cosmetologists. (9)Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3(Y). (10)Catering services not associated with a restaurant, subject to the special regulations of Section 4.4.24(H). (11)Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (12)Within the following described areas, the uses allowed as permitted uses in Section 4.4.13(B) pursuant to the base district and special regulations of the Central Business District regulations shall also be allowed in the OSSHAD: (a)Lots 13-16, Block 60 (b)Lots 1- 4, Block 61 (c)Lots 1- 7, Lots 16 - 18 and 19-24, Block 69 (d)Lots 23-25, Block 70 (e)Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and (f)Lots 1- 6, Block 76 (13)Assisted Living Facilities (14)Residential Licensed Service Providers Facilities (15)Nursing Homes (16)Tattoo Establishments, pursuant to restrictions set forth in Section 4.3.3(ZB). 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 10 ORD. NO. 33-16 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 all ordinances or parts of ordinances in conflict herewith be, and the same, are hereby repealed. Section 9.That this ordinance shall become effective upon its adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ____ day of __________________, 2016. ___________________________________ M A Y O R ATTEST: _____________________________________ City Clerk First Reading___________________________ Second Reading_________________________ PLANNING AND ZONING BOARD CITY OF DELRAY BEACH STAFF REPORT MEETING DATE: October 17, 2016 ITEM: City-initiated text amendments to the Land Development Regulations (LDR) to define and permit new uses, “tattoo establishment” and “tattooing,” in specified zoning districts and locations. RECOMMENDATION: Recommend approval to the City Commission. GENERAL DATA: Applicant: City of Delray Beach Location: General Commercial (GC), Planned Commercial (PC), Central Business District (CBD; limited), and Old School Square Historic Arts District (OSSHAD; limited) Zoning Districts Proposed Use: Tattoo Establishments and Tattooing On December 29, 2015, the United States Court of Appeals for the 11th Circuit, in Buehrle v. City of Key West (Exhibit A), concluded that tattooing constituted artistic expression protected under the First Amendment of the U.S. Constitution. As protected artistic expression, a municipality may regulate protected artistic expression only if the regulation: (1) is justified without reference to the content of the regulated speech, (2) is narrowly tailored to serve a significant governmental interest, and (3) leaves open ample alternative channels for communication of the information. Effectively, the City of Delray Beach may regulate tattoo studios, parlors, or related uses through reasonable time, place, and manner restrictions with supporting evidence for such restrictions based upon the three criteria. ITEM BEFORE THE BOARD The item before the Board is City-initiated text amendment to amend the Land Development Regulations (LDRs) to define and permit new uses, “tattoo establishment” and “tattooing,” in specified zoning districts and locations pursuant to reasonable time, place, and manner restrictions that leave open ample alternative channels for communication of protected speech. BACKGROUND Recent federal court decisions in Florida and California have held that tattooing is a form of expressive conduct that is protected under the First Amendment of the U.S. Constitution. As protected speech, tattooing uses and tattoo establishments may be regulated only if the regulation: (1) is justified without reference to the content of the regulated speech, (2) is narrowly tailored to serve a significant governmental interest, and (3) leaves open ample alternative channels for communication of the information. Currently, Delray Beach's Land Development Regulations (LDRs) do not specifically list “tattoo establishment” or related uses as either a principal, accessory, or conditional use. Previously, the City sought to determine whether or not the use is allowable through the similarity of use process outlined by Section 4.3.2(C)(1) and (2) of the LDRs until such time as the LDRs are amended to include regulations for the use. As set forth by Section 4.3.2(C)(3), when a use is not allowed by similarity of use, it is prohibited. On March 21, 2016, the Planning & Zoning Board approved (5-0; Krall and Pike absent) a similarity of use determination for “tattoo establishment” after being petitioned by a tattoo artist. However, this determination was appealed by the City Commission and, after a public hearing held June 7, 2016, denied (5-0). The tattoo establishment that was the subject of the appeal was ultimately approved at the proposed location, 165 Avenue L. The City Commission subsequently approved (5-0) Resolution 26-16 on June 7, 2016, establishing a zoning in progress to allow the City to prepare proposed revisions to the LDRs to address tattoo establishments and tattooing. Tattoos & Society Section 381.00771, Florida Statutes, defines a “tattoo” as a “mark or design made on or under the skin of a human being by a process of piercing or ingraining a pigment, dye, or ink in the skin,” and while others may insert “indelible,” reference a “needle,” or specifically exclude “permanent make up,” this definition describes the basics. Archaeologists have proven that humans have been getting tattoos for a long time. The oldest known tattoos go back to Ice Man Otzi who was buried beneath an alpine glacier along the Austrian-Italian border around 3250 BC; and historical evidence clearly shows that the practice has persisted across cultures and time. Here in the United States and much of the West, with a few exceptions, tattoos have been considered taboo for most P&Z Board Staff Report October 17, 2016 LDR Text Amendment – Tattoo Establishments Page 2 of modern history. However, a major cultural shift began with the Baby Boomers and has subsequently intensified with Gen X and the Millennials. According to the findings of the Pew Research Center, Harris Poll, and a number of researchers, tattoos have become mainstream. In fact, comparing the Harris Poll of 2015 to the Pew Research Center Study of 2010 suggests that the shift in societal attitudes has continued, as the Harris Poll reports that 29% of Americans have tattoos (vs. 23%) and 47% of Millennials (vs. 38%). The data also shows that those who get one tattoo often get another. According to the Harris Poll, among Americans with any tattoos, 69% have two or more. This significant increase in the prevalence of tattoos has occurred with a corresponding increase in the size of the tattoo industry. Over the course of this generational change, the industry has been identified as one of the fastest growing in America. It is estimated to bring in anywhere from $720 million to $2 billion in annual revenue; employ over 50,000 workers; and operate from of over 35,000 tattoo establishments. According to studies conducted since 2010, some of the most inked cities in America are Los Angeles, Kansas City, Honolulu, Austin, Richmond, San Francisco, Portland, Las Vegas, and Miami Beach. Laws Regulating Tattoos Florida Statutes In 2012, the Florida legislature passed laws to regulate tattoo artists in the state. Sections 381.00771-91, Florida Statutes provides as follows: • Minors under the age of 18 are prohibited from receiving tattoos except for those aged 16 or 17 that are accompanied by a parent or legal guardian who provide their written consent. • Both tattoo artists and tattoo establishments must be licensed. • As part of licensure, a tattoo establishment must demonstrate compliance with all applicable zoning codes. • A person may not tattoo the body of any human being in this state except at a properly licensed establishment. • Minimum education and training requirements for tattoo artists, including the study of blood-borne pathogens. • Counties and municipalities are not preempted from imposing additional regulations on tattoo establishment. P&Z Board Staff Report October 17, 2016 LDR Text Amendment – Tattoo Establishments Page 3 Recent Case law Courts in Arizona, California and Florida have held that tattooing is protected as free speech under the First Amendment and that government regulations completely banning tattoo uses and establishments are unconstitutional. Recently, Florida and California courts have struck city ordinances restricting the locations of tattoo establishments based on buffer zones and distance separations. In each case, the court found that although the cities may have had a legitimate interest regulating the location of tattoo establishments, each failed to provide evidence showing that the tattoo establishments had an adverse impact on the neighborhood to support such limitations. • Buehrle v. City of Key West, 813 F. 3d 973 (11th Cir, 2015): A Federal appellate court struck down a city ordinance that prohibited tattoo shops in a historic district as unconstitutional. The court found that tattooing was protected speech under the First amendment and that the City’s content-neutral ordinance was not narrowly tailored to further the City’s interest in protecting the character and fabric of the historic district. The City claimed that the adverse impacts of tattoo establishments would reduce tourism to the area, but it did not rely on any studies or data when passing the ordinance. • Yvon v. City of Oceanside, 2016 U.S. Dist. LEXIS 106546 (S.D. Cal. August 11, 2016): A Federal district court granted an injunction allowing a tattoo artist to operate without obtaining a conditional use permit that required him to abide with certain buffer zone distance requirements. The City failed to show there was a reasonable evidentiary basis to support its belief that the zoning scheme was necessary to reduce criminal behavior that it claimed to be related to tattoo parlors. Local Government Regulations A review of the regulations of notable jurisdictions is provided below: Palm Beach County A tattoo-related use falls under the definition of “Personal Services,” which is: “an establishment engaged in the provision of frequently or recurrently services of a personal nature: or the provision of informational, instructional, personal improvement or similar professional services which may involve limited accessory retail sale of products. Typical uses include art and music schools, beauty and barbershops, driving schools, licensed therapeutic massage studios, photography studios, and tanning salons.” Personal Services are permitted by right in the CN (Neighborhood Commercial), CC (Community Commercial), CHO (Commercial High Office), CG (General Commercial) and CRE (Commercial Recreation) zoning districts subject to a maximum size of 3,000 SF in the CN and CLO Districts. Personal Services are also allowed by right and by conditional use in several other county zoning districts, including airport, mixed-use districts and planned developments. P&Z Board Staff Report October 17, 2016 LDR Text Amendment – Tattoo Establishments Page 4 Boynton Beach “Tattooing” is part of the definition of “Personal Care (Beauty, Hair, Nails),” which states: An establishment primarily providing one (1) or more of the following services and/or facilities: 1) hair care; 2) nail care; 3) facials or application of makeup; 4) tanning salons; 5) day spas, including accessory massage/aromatherapy; and 6) body piercing and tattooing.” Additionally, it is interesting to note that the definition of “Art Studio” specifically excludes tattooing and body art. As part of the Personal Care use, tattooing is permitted as a principal use in the M-1 Industrial District and as an accessory use in the R-3 Multi-family Residential, PUD Planned Unit Development, C-2 Neighborhood Commercial, C-3 Community Commercial, C-4 General Commercial, CBD Central Business District, PCD Planned Commercial Development, SMU Mixed-Use Suburban, MU-L1 Mixed Use-Low Intensity, MU-L2 Mixed Use-Low Intensity, MU-L3 Mixed Use- Low Intensity, MU-H Mixed Use-High Intensity, and M-1 Districts subject to a minimum separation of 300 feet from a residential zoning district. Boca Raton According to the Zoning Official, a tattoo-related use falls under the definition of “Personal Services,” which is: “any retail establishment providing services to the human body including, but not necessarily limited to, barbershops, beauty shops and massage establishments.” Personal Services are permitted in the following zoning districts: Neighborhood Convenience Business, Motel-Business District, Local Business District, Community Business District, Central Business District, General Business District, Commercial District, Industrial (20% of GFA max.) and Village Center. Pompano Beach This city has a specific use, entitled “Tattoo or Body Piercing Establishment,” which falls under the broader heading of “Personal Services” and is defined as: “an establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: (1) making indelible marks or designs on or visible through the skin of a human by puncturing or pricking the skin with a needle or other instrument and inserting ink or other pigments; or (2) creating an opening in any part of the human body, other than the outer perimeter or lobe of the ear, for the purpose of inserting jewelry or other decorative object for a non-medical purpose.” The Tattoo or Body Piercing Establishment use is permitted in several zoning districts by right, including General Business, Heavy Business, Transit-Oriented, Planned Commercial/Industrial, Planned Development-Transit-Oriented, Local Activity Center and Planned Development-Infill. The use is specifically prohibited in the Atlantic Boulevard Overlay district. P&Z Board Staff Report October 17, 2016 LDR Text Amendment – Tattoo Establishments Page 5 Pensacola Originally, Pensacola regulated tattoo parlors indirectly through the “personal services” use. However, it was reported that after a tattoo shop opened next to a theater in 2010, it upset some in the community and led to “tattoo shop” becoming a specifically defined use permitted only in the city’s most intense zoning district in 2012. In 2015, a proposed tattoo studio succeeded in petitioning the city council for more accommodating regulations, and the use is now allowed in the city’s commercial districts all the way down to the residential/neighborhood commercial district. ANALYSIS In light of recent court decisions upholding tattooing and tattoos as a form of expressive speech that is protected under the First Amendment, Staff proposes to amend the LDRs to allow the tattoo uses and tattoo establishments. Staff recommends that tattooing be allowed as a permitted use in commercial districts as described more fully below. Adopting regulations that limit the location and the frequency of tattoo establishments is also recommended as recent studies have shown that there is a reasonable basis to believe that this use has potential adverse secondary impacts. As a result, regulations imposing such limits are necessary to further the City’s interests. The City has a legitimate interest in promulgating such regulations. The City desires to preserve the unique character and aesthetic of its award-winning, family-friendly, historic downtown and neighborhoods and its renowned beach resort community as described in the following sections of the City’s Comprehensive Plan and Vision Plans: • Comprehensive Plan o Future Land Use Element, Goal Area A: Land within the planning area shall be developed or redeveloped, to sustain and enhance the existing quality of life, compliment and be compatible with existing land use and result in a mixed, but predominately residential community with a balance economic base and encourage accessible affordable everyday services. o Policy C-3.1 The Central Business District (CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following:  deletion of inappropriate uses  incentives for locating retail on the ground floor with office and residential use on upper floors accommodating parking needs through innovative actions  incentives for dinner theaters, playhouses, and other family oriented activities P&Z Board Staff Report October 17, 2016 LDR Text Amendment – Tattoo Establishments Page 6 • Vision 2020 Vision Report o Every group cited the small town feel, diversity, and community involvement of Delray. Many of the cultural and recreational alternatives were highlighted as well as an emphasis on preservation and historic architecture. Some groups valued having local shops vs. chain stores and most importantly the police department/safety were repeatedly mentioned as highly valued. Key words shared included: vibrancy, pride, friendly, eclectic, urban lifestyle, family-oriented, and fun. (p. 4) • 2005 Vision Plan o The city should consider the following strategies and tools so that Delray Beach can continue to grow while preserving its unique characteristics. Promote, preserve, and enhance the quality of the neighborhood character. (p. 3) Furthermore, there is a reasonable basis to believe that the proposed regulations limiting the location of tattoo establishments will help advance the City’s goals of protecting the health and safety of its residents, especially in light of the recent epidemic of heroin overdoses in the City. The Delray Beach Police Department (DBPD) reports that in 2016 there were 360 overdoses in the City, which resulted in 31 deaths. Restricting the flow of drugs, including cracking down on organizations that are known for trafficking drugs into the City, is of paramount importance to the City and a stated goal of the DBPD. City staff has undertaken to study the secondary effects of tattoos and tattoo establishments. A recent FBI study indicates that tattoo parlors comprise a substantial percentage of business owned by outlaw motorcycle gang members. See 2015 National Gang Reports, p. 30. This report also states that Outlaw Motorcycle Gangs (OMGs) have a high level of involvement in street-level drug sales, large scale drug distribution, and drug manufacturing. See 2015 National Gang Reports, p. 28. The Florida Attorney General reports that Palm Beach County has more than 80 documented gangs, and that there has been an increase in criminal gang activity in recent years. See Florida Gang Reduction 2013 Annual Report, p. 15-16. P&Z Board Staff Report October 17, 2016 LDR Text Amendment – Tattoo Establishments Page 7 There is also research to support a correlation between tattoos and substance use in adolescents. A 2004 study published by the American Academy of Pediatrics found that in a study of adolescents aged 13 to 21, the acquisition of tattoos was strongly related to variety of high-risk behaviors including substance use and gang affiliation. Specifically, adolescents with tattoos were almost two times more likely to have used drugs and three times more likely to have been initiated into a named gang in the last year compared with adolescents without tattoos. The following studies and reports supporting Staff’s findings are attached as Exhibit A: • 2015 National Gang Report, National Gang Intelligence Center (unclassified). • Florida Gang Reduction 2013 Annual Report, Florida Attorney General. • Memorandum from Delray Beach Chief of Police Jeff Goldman regarding calls for service data for overdoses from heroin in 2016. • “Delray Beach: Municipal Departments Facing Impact of Addiction Crisis”, Coastal Star, September 29, 2016. • “August Deadliest Month for Heroin Overdoses in Delray Beach”, Palm Beach Post, September 6, 2016. • “Heroin linked to Rising Death Toll”, Coastal Star, March 2, 2016. ) ( U UNCLASSIFIED UNCLASSIFIED Motorcycle Repair Tattoo Parlor Automobile Repair Bar (Owner/Operator) Construction/General Contractor Body Guard/Security/Bouncer Gentlemen's Club (Strip Club) Bail Bondsman Trucking/Transportation All Others P&Z Board Staff Report October 17, 2016 LDR Text Amendment – Tattoo Establishments Page 8 • “Outlaw Motorcycle Gangs Still Prevalent in Florida”, Miami Herald, May 24, 2015. • Tattooing and High-Risk Behavior in Adolescents, Timothy A. Roberts and Sheryl A. Ryan, Pediatrics 2002; updated in 2005. Based on these studies and reports, there is evidence to support a finding that tattoo establishments can have potential adverse secondary impacts and that limiting these effects by imposing distance requirements will further the City’s interests. REVIEW BY OTHERS Community Redevelopment Agency (CRA): At its meeting of September 22, 2016, the CRA reviewed the proposed amendment and recommended approval. West Atlantic Redevelopment Coalition (WARC): At its meeting of September 1, 2016, WARC reviewed the proposed amendment and recommended approval. Downtown Development Authority: At its meeting of September 12, 2016, the DDA reviewed the proposed amendment and recommended approval. Pineapple Grove Main Street (PGMS): At its meeting of August 31, 2016, the PGMS reviewed the proposed amendment and recommended approval. Courtesy Notice: Courtesy notices have been provided to the following homeowner’s associations and interested parties, which have requested notice of developments in their areas:  Delray Citizens Coalition  Chamber of Commerce  DDA  Osceola Park  NW/SW Coalition  La Hacienda P&Z Board Staff Report October 17, 2016 LDR Text Amendment – Tattoo Establishments Page 9  Kokomo Key  The Barton  The Courtyards of Delray  Mallory Square  Linton Woods,  Domaine Delray  Tropic Isles  Pelican Pointe  Sunset Pines  Highland Park. Co.  Sherwood Forest  Colony Palms ASSESSMENT AND CONCLUSION This Section of the Report serves to offer proposed amendments to the LDRs and provide the corresponding justification. After a proposal, a discussion of the rationale is often provided in brackets [Discussion:…]. Definitions Tattoo Establishment: An establishment whose principal business activity, either in terms of operation or as held out to the public, is the service of applying a mark or design on or under the skin of a human being by a process of piercing and ingraining a pigment, dye, or ink in and/or under the skin for a non-medical purpose. Tattooing: The service of applying a mark or design on or under the skin of a human being by a process of piercing and ingraining a pigment, dye, or ink in and/or under the skin for a non-medical purpose. These definitions are based on the definitions and limitations of Florida Statutes and are not applicable to the discussion of potential negative impacts. Permitted in the Following Locations As set forth by Section 4.3.1 of the LDRs, uses are categorized as “principal,” “accessory,” and “conditional.” Given that conditional uses can be considered subjective in nature and the Constitutional protections afforded to tattoos, the consideration of tattoo establishment as a conditional use has been discarded. For this analysis, it is important to note that “principal” means a use allowed, by right, within a zoning district provided that all development regulations are met and that “accessory” means a use which is otherwise allowed as a principal use but is subordinate in intensity to other principal uses or which is otherwise identified in the zoning district as an accessory use only in association with a principal use. Section 4.3.3 of the LDRs, entitled “Special Requirements for Specific Uses,” sets forth special requirements for defined uses as a result of their unique characteristics. P&Z Board Staff Report October 17, 2016 LDR Text Amendment – Tattoo Establishments Page 10 Given the specific concerns which are inherent to the nature of tattoos and tattoo establishments, a new subsection for Tattoo Establishments is proposed as follows. Section 4.3.3(ZB) Tattooing and Tattoo Establishments: Purpose: It is the intent of this section to permit Tattooing and Tattoo Establishments, which are expressive activities protected by the Constitution, pursuant to reasonable time, place, and manner restrictions which are narrowly tailored to protect: the unique character and aesthetic of the City of Delray Beach’s award-winning family-friendly historic downtown and neighborhoods and renowned beach resort community; property interests and rights; the public health, safety, and welfare; and the administration of local laws. [Discussion: Self-explanatory.] (3) Hours of Operation: 8 a.m. to 10 p.m. [Discussion: As previously discussed, the City has already made findings about potential impacts of late night businesses. While being a constitutionally protected activity would suggest equal or more permissive regulations for tattooing, it is even more compelling to consider that tattooing involves substantial health risks that are not fully understood by the general public and that recipients would be better served by making the decision to receive a tattoo during “normal” hours of activity. In this way, the potential impacts of 24-hour or late-night business can be mitigated while also protecting the health of citizens.] (4) Visibility of Tattooing: Tattooing shall not be visible from a public right-of-way, public land, public open space or any private property open to the public, including common areas. [Discussion: This proposal is narrowly tailored to address the potential for public nudity and disturbing the peace violations.] (5) Accessory Use Regulations. a. In addition to what may be permitted by specific zoning district regulations, tattooing shall be permitted as an accessory use within Medical, Professional, and Business Offices pursuant to all other provisions of the LDRs. b. Where a tattoo establishment would otherwise be a permitted principal use but for the prohibition set forth by Section 4.3.3(ZB)(4), tattooing shall be permitted as an accessory use pursuant to all other provisions of the LDRs. For example, tattooing, even as an accessory use, shall not occupy “Required Retail Frontage.” c. When permitted as an accessory use, tattooing shall be limited as follows: i. 40% or less of GFA. ii. No exterior signage. (6) Prohibition by Frequency. Whether allowed as a principal or accessory use, tattoo establishments and/or tattooing shall be located no more than one per block, nor within 750 feet of another such use, as measured from lot line to lot line in a straight line. [Discussion: For both the Prohibition by Frequency and P&Z Board Staff Report October 17, 2016 LDR Text Amendment – Tattoo Establishments Page 11 Prohibition by Proximity, the use of separation requirements is a long- established court-recognized practice which serves to keep potentially detrimental uses physically apart from other uses and/or to prevent the clustering of such uses (Ducker, UNC School of Government, 2014). Additional expert opinions on the use of separation requirements can be provided by the American Planning Association, and the practice is employed in the LDR’s and the land development regulations of many other cities. The respective distances are already established in the LDRs for other adult- oriented businesses (alcohol-related, which is also an age restricted activity with substantial health risks).] (7) Prohibition by Proximity. No tattoo establishment shall be located within 300 feet of an established school or church. a. With respect to schools, the 300 feet distance shall be measured from the nearest point of the building of the place of business, location, or establishment to the nearest point of the school grounds in use as a part of the school facilities. b. With respect to churches, the 300 feet distance shall be measured from the nearest point of the building of place of business, location, or establishment to the nearest point of the church building or buildings. c. The 300 feet distance shall be measured in a straight line. The specific zoning districts are also proposed to be revised to add Tattoo Establishment and/or Tattooing to the permitted and accessory uses list, as follows: • General Commercial (GC – Sec. 4.4.9) • Planned Commercial (PC – Sec. 4.4.12) • Central Business District (CBD – Sec. 4.4.13); except for required retail frontage • Old School Square Arts District (OSSHAD – Sec. 4.4.24) [Discussion: Tattoo Establishment and Tattooing involve a commercial service use that is very comparable to personal services. Since it is a commercial use with additional specific concerns which are inherent to the nature of the use, it is incompatible with all of the City’s non-commercial districts. However, Staff believes it is compatible with most commercial districts. Please note that only Neighborhood Commercial was omitted because its purpose and intent is to provide “the opportunity to locate limited retail and service uses in a manner convenient to and yet not disruptive to residential areas.” The tattoo use was deemed to be too intensive for inclusion within this district; and, since a limited amount of acreage is zoned NC, this is not a burdensome restriction. As to the City’s mixed use and historic districts, the Central Business District and Old School Square Historic Arts District, while an argument could be made similar to the prohibition of principal uses on Atlantic and Ocean to prohibit Tattoo Establishment within both districts, it is not recommended because the exclusion of the entire CBD would be very limiting and the Old School Square Historic Arts District’s emphasis on art, which the courts have P&Z Board Staff Report October 17, 2016 LDR Text Amendment – Tattoo Establishments Page 12 defined as including tattooing. It may be reasonably defensible to alter this proposal so that tattooing is only allowed within the CBD and OSSHAD as an accessory use.] Refer to the full ordinance for additional amendments to other sections of the Land Development Regulations proposed for consistency with the above referenced amendments. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the City-initiated text amendment to the Land Development Regulations as presented based upon the finding that the proposed text amendment is consistent with the Comprehensive Plan. C. Move a recommendation of approval, as amended, to the City Commission of the City-initiated text amendment to the Land Development Regulations as presented, based upon the finding that the proposed text amendment is consistent with the Comprehensive Plan. D. Move a recommendation of denial to the City Commission City-initiated text amendment to the Land Development Regulations as presented based upon the finding that the proposed text amendment is inconsistent with the Comprehensive Plan. STAFF RECOMMENDATION Approval of the City-initiated text amendment to the Land Development Regulations as presented based upon the finding that the proposed text amendment is consistent with the Comprehensive Plan and is supported by evidence that tattoo establishments can have potential adverse secondary impacts and that limiting these effects by imposing certain restrictions will further the City’s interests. GF GF GF GF GFGF GF GF GF GF GF GF GF GF GF GF GF GF GFGFGF GF 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2627 28 29 30 31 32 33 34 35 79 37 38 39 40 41 4243 44 45 46 47 48 49 50 51 52 53 54 83 56 57 58 59 60 61 62 63 6465 66 67 68 69 70 71 72 73 74 75 76 77 78 36 80 81 82 55 84 Pelican Ln N Ma llor yCir S W 1 2 t h T e r N Can ne ryRowCir Canal Pt S E Atlantic Av e A tlan ti cGrove Way NE 1 4th St N LatitudeCir W C o d a C i r LintonRidge Cir B r o o k s L n Gulf st re am Blvd C asa Way Geo rg e Bu sh Blv d N W 8 t h A v e C asit a Wa y P o n c e D e L e o n B l v d C a m i n o R d Fiore Way W A t l a n t i c A v e Jefferson Rd NW 15t h S t I- 9 5 NW 13th Ct Melaleuca Rd NE 3 rd St U d e l l L n E s t u a r y T r l E s t u a r y T r l Coco n utKey Ln L a k e D r Prive Cir Lo wr y St Pine Grove Dr M c N a b R d S e a S a g e D r S p a n i s h T r l S P r i v e C i r S W 2 1 s t A v e A d m ir als W a y S W 2 0 t h T e r S p a n i s h T r l C o n g r e s s P a r k D r N E 2 n d A v e N Lo ng po r tCir NW 10t h S t AmbroseDr R i v i e r a D r R ega l C t S Magnolia Cir D a v i s R d R i v i e r a D r N W 1 3 t h C t Coral Trace Cir S F e n t o n D r S W 2 2 n d A v e LaversWestEntrance SW 7th St N W 3 7 t h T e r Cortez Ln Bole nder Dr R i v i e r a D r LakeTer NW 5th Ct SW 8th St SW 11t h St SE 9 th St A u b u r n C i r W S W 1 0 t h A v e Dotterel Rd W h a t l e y R d M c N a b R d N E 3 r d A v e S p r i n g H a r b o r D r E s t u a r y T r l F r e d e r i c k B l v d C o r a l T r a c e B l v d N W 4 6 t h A v e C a t h e r i n e D r B o c c i C t SE 4th St P e l i c a n W a y S W 8 t h A v e N W 1 0 t h A v e N o r t h r i d g e R d G l e a s o n S t High Point Blvd NW 6th St P eriwin kle L n S C o n g r e s s A v e M i a m i B l v d SW 26th Ter NW 17t h St Orange St F l a m i n g o L n N E 2 2n d S t SE 6 th St Te mple Dr P a l m T r l S i l v e r O a k C t 4 8 t h T r l S P a r k A v e S W 1 s t A v e Madison Ln Lill y L n S W 2 n d A v e I - 9 5 N W 6 t h A v e V i a V e r o n a SW 1st St H a r b o r C i r SE 9th St S W 1 2 t h A v e N W 1 s t A v e E B a r w i c k R a n c h C i r Enfield Ter NW 7th Ct A tlan ti cGrove Way SW 11t h Ct Dene ry Ln S p a n i s h W e l l s D r H a m m o c k C i r S W 1 0 t h C t MeadowlarkLn SW 6th St SE 1 0th St L a k e l a n d D r H a r m o n C t NW 10t h St CaptainsWalk P a l m T r l N W 4 t h A v e N Classical Blvd C o m m e r c e D r Clearb ro okCir B i r d i e C t G o l f C t HammockCir Clearbrook Cir Audubon Blvd S e a G r a p e C i r L a w r e n c e R d C o m m o d o r e C ir L i n t o n L a k e D r N E 9 t h A v e C i t a t i o n W a y Sw intonCir N W 1 3 t h S t Lake Shore Dr C o r a l W a y NE 5 th St R e g e n c y C t E n f i e l d C t Pa rCir L u k e L n J o e L e e C i r N W 3 8 t h T e r SE 9th Ct Pelican Way Sh ad y L n SW 4 th S t N W 5 t h A v e D e l A i r e A v e S O c e a n B l v d A v e D e g i e n NW 1st St Franwood Dr Wil sonAve C a t h e r i n e D r N ChrystieCir P o n c e D e L e o n B l v d Gre en stoneDr NW 10t h Pl S w i n t o n C i r I - 9 5 NE 6th St Eve St A n d r e w s A v e Sabal Lakes Rd B r o n s o n A v e SW 1 0t h S t S W 2 0 t h T e r S W 2 n d S t G e o rg ia St N W 1 0 t h S t CountryManorsBlvd Stric kla n d R d CharltonWay N W 3 7 t h A v e F o x p o i n t e C i r W B l v d C h a t e l a i n e SW 7th St Sumac Ct F o r e s t R d N Ast orCir Juniper Dr I -9 5 N W 4 6 t h A v e SE 3 rd St RedHibiscusBlvd Black Oliv e Bl vd N W 4 9 t h A v e E B l v d C h a t e l a i n e N W 2 6 t h A v e W ic k h a m C ir E C l a s s i c a l B l v d F o x p o i n t e C i r S e a L n R e d M a p l e C i r W h i t e C e d a r D r A u g u s t a C t Bishop Dr C o n g r e s s P a r k D r V e n t n o r A v e E s t u a r y T r l I - 9 5 SW 13th St L e m o n T r e e T e r E g r e t C i rOld Germantown Rd Con gressPark Dr N W 2 4 t h A v e N W 6 t h C t H a r b o r C t Lakevi ew Bl vd SW 1 5th St NE 5t hTer Av eVilland r y FountainsWay N W 5 2 n d A v e 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Miramar Dr N W 2 2 n d A v e N P a l m L n Gallinule Dr Blvd Chatel aine G a l l a g h e r R d NW 14t h StLak e D r S W 2 7 t h T e r S e a c r e s t B l v d S E 1 s t A v e A l o e V e r a A v e F r a n w o o d P l S W 4 t h S t NW 5th Ct N W 2 9 t h A v e NW 4th Ter Ham pt on Cir S S W 6 t h A v e D u n l i n R d Linton Lake Dr NW 2nd St N W 7 th C t NE 7 th Ct P h o e b e L n NW 8th St Benj aminAve SW 3rd St D e l H a v e n D r Av e C Sp ri ngHarbor Dr H am p t on C i r N S t a r l i n g C t N E 3 r d A v e NW 25t h Ct R a i n b e r r y L a k e s D r Ham mond Rd B r i d l e w o o d D r C o c o n u t K e y L n NW 2nd St N W 3 9 t h A v e Wo odLn L a k e D r NW 10th St S F e d e r a l H w y N W 1 8 t h A v e P a l m A v e NW 13t h St High Point Blvd N D e l r a y B a y D r South Dr H i g hPoin tWay Riviera Dr O r c h a r d L n O l d P a l m L n S u t t o n P l NW 1st St L a n c a s t e r L n S W 6 t h A v e Buci da Rd Lai ng St S W 2 1 s t W a y NW 7th Ct S W 2 8 t h A v e Bonnie vie w Rd S W 2 1 s t T e r Ave H R a b b i t H o l l o w e C i r SE 2 nd St W A s t o r C i r Catherine Dr NW 11th St G r a m e r c y S q u a r e D r S D r i v e W a y N W 4 7 t h A v e S W 2 9 t h C t D r A n d r e ' s W a y S F e d e r a l H w y EstuaryTrl E A s t o r C i r AzaleaCt N W 2 2 n d C t S W 7 t h A v e NW 3rd St SE 3rd St SE 8 th St O a k T r e e C t N W 7 t h L n NE 5th St NE 6 th St NE 7 th St N W 2 7 t h A v e CarissaRd SW 2nd CtSW 2ndTer SW 8th Ct CoconutRow P o i n s e t t i aRd Bon d Way NE 1 st St SE 1st St NE 3 rd St NE 2 nd St NE 4th St Ell a St NW 1st St S E 7 t h A v e SW 4th St Jas mine Dr P u g l i e s e s W a y C a l a m o n d i n T e r NW 7th St NW 4th St NW 10th Pl NW 3rd Ct SE 5 th St NW 8th St NW 6th St SW 6 th St Gardenia Ter NW 3rd Ct W C l a s s i c a l B l v d Bauhinia Rd NW 9th St NW 12t h St Fountains Way SE 5th St T a n g e l o T e r L i n d e ll B l v d High lan dAve Dra cae na Ct NW 1st St S W 3 6 t h T e r S p a n i s h T r l B a s i n D r S e a b r e e z e A v e B ess ieSt Coralina Ln W e b b A v e W B a r w i c k R a n c h C i r SW 2nd St N W 18t h S t SW 3 rd St NW 13th St SE 6 th St S e a c r e s t B l v d B l u e J a y T u r n N W 2 1 s t T e r H a m p t o n B r i d g e R d Harbor Dr Live Oak Blvd Modern Dr A n d r e w s A v e B o o n e D r S p a n i s h T r l Lincoln Rd NW 5th Ct Tamari nd R d SW 2 nd St NW 22n d St N W 3 0 t h A v e N W 2 5 t h S t Riverside Way C a c t u s T e r S p a n i s h T r l O l e a n d e r L n P r e s e r v e D r W L a S e d o n a C i r H a m p t o n B r i d g e R d N W 5 t h A v e B o o n e D r CountryManorsBlvd E L a S e d o n a C i r W a l l a c e D r DelHarbour Dr P i n e v i e w C i r N W 2 1 s t C t PansyLn NW 17t h St NW 7th Ct L a k e T r l NW 18t h S t W L a n c e w o o d P l N W 2 n d A v e E C h r y s t i e C i r S W 3 5 t h A v e C i r c l e D r N W 2 7 t h A v e NE 22nd Ln C o m m e r c e D r W M a g n o l i a C i r BanyanTree Ln HeatherLn BonnieBriar L n NE 1 6t h St Del Ai reBlvd N W 2 9 t h A v e Glenwo od Ct N W 2 9 t h A v e Lancewood Pl N E 1 s t A v e LeeRd N North Dr N W 1 s t A v e H i g h P o i n t P l N Ave G S W 9 t h C ir S W 2 2 n d A v e Grove WayNW 14t h St C ar nat io n Ct S D r i v e T e r B ego n iaCt R o y a l C t H i g h P o i n t W a y N W Blos somDr N W 4 0 t h A v e C a n a l P o i n t W a y NW 12th St NW 24t h C t NW 2nd St AveSerrant P a l m C t LakeEdenWay A n d r e w s A v e N E 8 t h A v e Shadywo od Dr N W 2 n d A v e N A s t o rCir NW 2nd Ct R a i n b e r r y B l v d S e a G r a p e C i r NW 17th St N W 1 9 t h T e r N W 1 2 t h S t NW 9th St I l e n e C t NW 9th St A l m a r B l v d N W 5 0 t h A v e Beachwood Dr R y e L n Casuarina Rd S C o n g r e s s A v e LeeRd S S M i l i t a r y T r l S W 1 4 t h A v e H i g h l a n d G r o v e s D r S p a n i s h C i r Withers poon Ln NW 2n d L n BermudaGardens Rd N W 1 0 t h S t N W 1 s t C t J a s m i n e T e r NW 24t h S t S W 1 0 t h A v e SW 2 3r d S t W e d g e w o o d B l v d N W 4 8 t h A v e N W 9 t h S t Ile n e C t N W 2 3 r d L n S E 1 s t A v e N W 1 9 t h T e r K i n g s l e y P l KingsLynn C l e a r b r o o k P a r k C i r Satin Leaf Ct Centra lAve LangerWay Bay St Nassau St Po i n set tia D r Harbo ur sid e Dr S W 2 4 t h L n Cher r y L au re l L n Sa n Re moWay C alab r iaWay N W 1 3 t h S t Ingraham Ave N W 2 0 t h A v e F r e d e r i c k B l v d Catherine Dr M i a m i B l v d C o r a l T r a c e C i r E C a n o e P t S E 3 r d A v e S W 1 3 t h A v e S e a g a t e D r F i s h e r L n Tropic Blvd C r o w n C t S E 2 n d A v e R i v e r B i r c h C i r Dr CarolKrol Way N W 5 3 r d A v e N W 6 t h A v e P a r k A v e N E 5 t h A v e Linnet Cir N E 6 t h A v e F r a n k l i n C l u b D r S E 6 t h A v e N W 3 r d A v e P i n e L n D a l e L n S a n C l a r a D r S E 1 s t A v e Es tuar yWay Fountains Way CollinsAveSW 2 2 n d A v e N W 2 8 t h A v e A u g u s t a C i r P a r k T r e e P l Ea stv iewAve S W 1 7 t h C i r NW 3r d Ct S W 7 t h A v e WaterwayLn R e g a l C t Auburn Cir N N W 3 r d A v e Beve rly Dr HighPointTer E NE 6 th S t Lucky Ln N W 1 s t A v e NW 2nd St R o s s D r HighPointCt E N W 1 6 t h S t Coconut Rd N W 1 2 t h A v e H o m e w o o d B l v d L a k e C t So uthw ays V a l e n c i a D r N W 1 5 t h A v e Avocado Rd Wiggins Rd G a r d e n D r C o r m o r a n t R d Azalea Rd N W 1 1 t h A v e Se acres t Ln S w i n t o n G a r d e n s D r R a b b i t H o l l o w e D r E a s t D rWest D r DouglasAve H a m m o c k C i r S W 5 t h A v e Se aspr ay Ave S W 5 t h S t L a k e w o o d D r NE 5 th Ct SW 6 th S t E n s i g n C i r NW 14t h St G r e e n s w a r d L n F e r n F o r e s t P l S a l i n a A v e L a v e r s C i r Z e d e r A v e Osp re y Dr NE 20th St N W 2 0 t h A v e PelicanPointe Dr SanJuan Dr Coral Trace Pl S P a l mForest D r A r e l i aDr S SalernoWay S W 2 1 s t T e r S w e e t B a y D r M a c F a r l a n e D r H a m l e t D r SW 29th St C l u b D r W RiverBirchCir S W 2 7 t h A v e S W 2 7 t h A v e R o y a l P a l m D r SW 6 th St V e n e t i a n D r L e e R d E L a k e v i e w G r e e n s E M a g n o l i a C i r C r y s t a l W a y N W 3 r d A v e P l T a v a n t N W 1 0 t h S t S S e a c r e s t C i r N W 1 8 t h A v e NE 1 st Ct S W 4 t h A v e L a g o R d N W 7 t h A v e S W 8 t h A v e Evans Rd N W 4 5 t h D r N E 3 r d A v e A v e C h a u m o n t H i g h P o i n t D r E S W 9 t h A v e S E 4 t h A v e S E 5 t h A v e N S w i n t o n A v e S E 2 n d A v e S E 1 s t A v e SW 9 th Ct N E 4 t h A v e SW 9th St S E 7 t h A v e N E 4 t h A v e S W 1 0 t h A v e PalmRidgeBlvd G w e n z e l l A v e NE 7 th St SW 8 th Ct N W 6 t h A v e Bluebird Dr S W 3 r d A v e S W 1 1 t h A v e S W 1 2 t h A v e N W 3 r d A v e S W 1 5 t h A v e Th omas St H i g h P o i n t D r W SW 7 th St SW 8th St N W 4 t h A v e N W 2 n d A v e P a l m S q S W 9 t h A v e Pine Lake Ct NW 3rd St P a l m T r l N W 5 t h A v e N W 3 0 t h A v e S E 2 n d A v e R a i l r o a d A v e Pr os pe ct St LeeSt NE 19th St NW 16th St C l u b D r NW 15th St DriftwoodLndg N W 4 5 t h W a y N W 1 9 t h T e r N W 1 4 t h A v e N W 1 3 t h A v e N W 1 2 t h A v e N W 1 1 t h A v e N W 9 t h A v e Cre stw ood Dr NW 17th St Eagle Cir S o u t h r i d g e R d NW 18th St NE 1 8t h S t S u n s e t A v e Lo wson B lvd Enfield Rd S L a n c e w o o d P l S W 1 5 t h A v e D e p o t A v e Cortez Ln NW 7th St F e r n L n M a h o g a n y W a y C o r a l T r a c e C t NE 17th St W o o d P i n e D r H i g h P o i n t B l v d S W 1 0 t h C t E H e r i t a g e C l u b C i r C o c o p l u m W a y 143rd Pl NW 3rd St I m p e r i a l C i r Circle Ter E NW 6th Ct E a s t R d N W 5 0 t h A v e B e x l e y P a r k D r N W 1 3 t h C t N W 4 8 t h A v e M a r i n e W a y Rhodes Vil la Ave White Dr N W 3 2 n d A v e P a r k A c c e s s R d N D i x i e B l v d L e e R d W Beach Dr O a k v i e w C t NW 9th St N W 3 r d D r P l V a l e n c a y N Vista Del Mar Dr NE 11th St NE 12th St NE 1 3t h St NE 1 0t h St NE 9 th St W h i s p e r i n g O a k s L n S W 1 1 t h A v e S W 1 1 t h T e r Greensward Ct S W 1 4 t h A v e S W 3 6 t h A v e Ta ng erine Tr l E Linton Bl vd S W 1 3 t h A v e P e e r L n NW 3rd St High Point Ct W High PointTer W Las Verdes Way K n i g h t L n Needham Ct N W 15th Pl Brook s Ln W H e r i t a g e C l u b C i r W a t e r f o r d P l S W 1 5 t h A v e Ave F A n c h o r P t Lamat Ave Gardenia Dr Devon Ct S u n d y A v e Fern Dr Lak e Id a R d B u n t i n g D r H i b i s c u s L n Evergreen Dr G r e e n b r i a r D r Windham Ct Sunrise Blvd Lewis Cv O a k v i e w D r Gulf st re amDr Dogwood Dr Pinetree Dr N W 9 t h R d S a b a l w o o d C t Highgate Dr Owens Baker Rd Galli nuleCir S i l v e rOak C i r Kingbird Cir C a r d i n a l D r S Citation Dr N La S edo n a Cir N W 1 9 t h T e r S W 2 6 t h T e r S L aSedonaCir Ibis Dr C irc le Ter W F l o r i d a B l v d H a m p t o n C i r W Angler Dr H e r o n D r S Classical Blvd S W 2 0 t h T e r 133rd Rd S Angler Dr S W 7 t h C t H i g h P o i n t W a y S E Dolphi n Dr E l m h u r s t D r NE 1 5t h St 5 1 s t T e r S S Lake Ave N Lak e Ave S p r i n g H a r b o r D r B o x w o o d D r D u k e L n S D i x i e H w y H i g h P o i n t P l S NW 2nd St N W 1 8 t h A v e S u n s e t D r G l e n v i e w D r H i g h P o i n t W a y S W Pl Chateau I -9 5 R o s e A p p l e D r PalmRidgeBlvd Isla nd Dr C o r a l T r a c e C i r W NW 4th St SW 17thCir Majestic Palm Way NW 15t h St S W 2 6 t h T e r I - 9 5 H a m p t o n C i r E C o r a l T r a c e L n D o v e r R d Fulmar Dr S V i s t aDel M ar D r T r e e F e r n D r N C o n g r e s s A v e I r o n w o o d D r Danson Way SW 1 2t h Ct Dolphin Dr NE 17th St Ell wood Dr S u n s e t P i n e s D r LakewoodeCir E McCl eary St S O c e a n B l v d Allamanda Dr St erling Av e Zo rn o Wa y N Pa lm For est Dr M o c k i n g b i r d L n Banyan Dr A re lia Dr N Bluebird Ln C a r d i n a l L n White Cedar Ln R e dMap l eCir FlamingoLn Whippoorwill Ln S a n d p i p e r C i r Allen Ave Hyac inth Dr Cypress Dr High Point Dr Via D'E ste G l e n w o o d D r High Point Dr Sh erwo od Blvd Frances Dr Barrett St Bra dy Blvd H u m m i n g b i r d L n B a r w i c k R d W Lin to n Blvd High Point Blvd N Maurice Dr S W 1 6 t h A v e S W 1 7 t h A v e D e l r a y B a y D r D o t t e r e l R d K o k o m o K e y L n G r e e n s w a r d L n N C i t a t i o n D r I -9 5 N W 1 8 t h A v e L i n t o n R i d g eCi r S D r i v e C i r I -9 5 P a l m C o v e B l v d Lavers Cir A l b a t r o s s R d N S W 2 9 t h A v e N W 1 7 t h A v e D e p o t A v e O l d D i x i e H w y Sherwood Forest Dr B l o o d s G r o v e C i r I -9 5 S W 2 0 t h C t L a k e w o o d e C i r W N F e d e r a l H w y B r i d l e w o o d C i r L a k e I d a P a r k R d I - 9 5 V ill a g e S q u a r e C ir Bra ndon Dr E s t a t e s D r L i n t o n L a k e D r Lone Pi ne Rd Crystal Way Pin ev iew Cir V i l l a g e D r Lak evi ew Dr S W 2 2 n d Cir L a k e I d a P a r k R d I -9 5 I -9 5 PC GC GC GCGC GCPC GC GC PC GC GC PC PC GC GC PC PC PC GC PC GC PC GC PC CBD GC CBD GC OSSHAD CBD GC CBD Document Pa th: S:\Plan ning & Zon ing\DBMS\G IS\Pr oject Maps\Schools_Churches_and Parks\Schools and Churches.m xd 1. BETHEL EVANGELICAL CHURCH 2. CASO N UNIT ED METHO DIST CH URCH3. CHURCH OF GO D RESURRECTION LIFE FELLO WSHIP 4. CHURCH OF THE LI VI NG GO D5. DAUGHTER O F ZION SEVENTH-DAY ADVENTIST CHURCH 6. EBEN-EZR BAPTIST CHURCH7. EG LISE DE DIEU DE BEREE IN 8. EMMANUEL LUTHERN CHURCH 9. HOUSE OF GOD HOUSE OF 10. JORDAN MISSIONARY BAPTIST CHURC H11. LAKE IDA CHURCH OF CHRIST12. MT MO RIAH AME CHURCH 13. MT OLI VE BAPTIST CHURCH14. OUR LADY O F PERPET UAL HELP CHURCH 15. RIDLEY TEMPLE16. SOUTH PALM SDA CHURC H 17. ST JO HN PRIMITIVE BAPTIST CHURCH18. ST MATHEWS EPISCOPAL CHURCH19. ST PAUL AME CHURCH20. ST PAUL BAPTIST CHURCH21. SUPERN ATURAL OUTREACH MINISTRY 22. THE AVENUE CHURCH CHURCHES:PUBLIC SCHOOLS33. LIFESKILLS CHARTER SCHOOL34. PALM BEACH COUNT Y AUXILLARY CLASSROOMS PRIVATE SCHOO LS & DAYCA RE35. A READING & MATH ACADEMY I I36. BAR & FERG'S ACADEMY, INC.37. BUCKY DENT BASEBALL SCHOO L38. COD CHRISTIAN ACADEMY, INC.39. COMMUNITY CHILD CARE CENTER40. DEPALMA ARTS & CRAFT S41. GIRL AND BOY LAND DAY CARE42. KID S WORLD OF DELRAY, I NC.43. KID SVILLE EARLY LEARNI NG CENTER44. MT. OLIVE CHILD CARE CENTER45. SAINT JOSEPH'S EPISCOPAL46. SEACREST PRESCHOOL47. ST. PAUL'S DAY SCHO OL48. STEPPING STONES LEARNI NG49. YOUNGER C ARE-YEARS I NC.50. YOUTHLAND ACADEMY OF DELRAY51. SOUTHEASTERN CONF ERENCE ASSN.52. TRINITY EVANGELICAL LUTH ERAN CHURCH53. UNITY CENTER OF DELRAY54. FASHAWS FAMILY DAY CAR E55. HAYNES FAMILY DAY CARE56. JONES FAMILY DAY CARE57. MONROE, DONNA HO ME DAY CARE58. TURNER FAMILY DAY CARE59. WALLACE, AMAN DA FAMILY DAY60. WILLIAMS FAMILY DAY CARE61. BURKS LEARNING CENTER62. R & R DOMESTIC SERVICES INC.63. PEE WEE PATCH INFANT TODDLER64. ST. VINCENT FERRER SCHOOL 65. OXFORD ACADEMY66. ABBY'S LITTLE ANGELS67. ALEX'S TENDER LOVING CARE CENTER68. CHILDREN'S NEST, INC.69. CHILDREN'S NEST, INC.70. CLAY, VERTIS JUNE71. DELORES PENN FAMILY CHILD CARE HOME72. JACKSON-BARR, SHIRLEY73. JONES, CORA LEE74. KIDS CARE FOUNDATION75. KNIGHT, GERALDINE76. MAKING A DIFF ERENCE FAMILY CHILD C ARE/LEARNIN G CT R77. MILAGRO CENTER78. PALM BEACH COUNT Y EARLY HEADSTART/DELRAY BEACH79. POMPEY PARK COMMUNITY CENTER80. SHANNON, YVONNE81. THOMAS, PINKIE82. WILLIAMS, REBECCA83. WILLIS, SHIRLEY84. LITTLE F RIENDS LEARN ING CENT ER A t l a n t i c O c e a n Schools and Churches PUBLIC SCH OOLS23. ORCHARD VIEW ELEMENTARY SCHO OL24. PIN E GRO VE ELEMENTARY SCHO OL25. VILLAG E ACADEMY26. DELRAY FU LL SERVICE CENTER27. CARVER MIDDLE SCHOO L28. BANYAN CREEK ELEMENTARY SCHO OL29. S.D . SPADY ELEMENTARY SCHOOL30. PLUMOSA SCHO OL OF THE ARTS31. AT LANTIC HIGH SCHOO L32. TOMORROW'S PROMISE COMMUNITY SCHO OL F1 inch = 800 feet Legend Zoning GF Churches Church 300' Buffer Public Schools Public Schools 300' Buffer Private Schools and DayCares Private Schools and DayCares 300' Buffer Municipal City Limits City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-1052,Version:1 TO: Mayor and Commissioners FROM:Timothy Stillings, Planning, Zoning and Building Director THROUGH: Donald B. Cooper, City Manager DATE: November 1, 2016 ORDINANCE NO. 30-16: CITY-INITIATED AMENDMENT TO THE FUTURE LAND USE MAP FROM TRN (TRANSITIONAL) TO GC (GENERAL COMMERCIAL) AND REZONING FROM NC (NEIGHBORHOOD COMMERCIAL) TO GC (GENERAL COMMERCIAL) FOR THE PROPERTIES LOCATED AT 4591 AND 4561 WEST ATLANTIC AVENUE. (SECOND READING) Recommended Action: Motion to Approve on Second Reading, Ordinance No. 30-16, a City-initiated Future Land Use Map amendment from TRN to GC and rezoning from NC to GC for the properties located at 4591 and 4561 West Atlantic Avenue, 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(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Background: The subject properties are located on the north side of West Atlantic Avenue approximately 150 feet west of Barwick Road.The combined properties measures 1.532 acres and contain a paint and home furnishing business known as Benjamin Moore Hessler Painting (4591 West Atlantic Avenue),and a Check Cashing store (4561 West Atlantic Avenue).The complete zoning history of the property and analysis of the request is provided in the attached Planning and Zoning Board Staff Report from the meeting of September 26, 2016. During the recent review of the proposal to expand Benjamin Moore Hessler Painting,staff felt that the GC zoning was more appropriate as the subject properties are located along a major commercial arterial and the parcels are not a gateway to a residential neighborhood. On August 15,2016,the Planning and Zoning Board initiated on a 6 to 0 vote the Future Land Use Map amendment from TRN (Transitional)to GC (General Commercial)and Rezoning from NC (Neighborhood Commercial) to GC (General Commercial). On September 26, 2016, on a vote of 4-0, the Planning and Zoning Board made a recommendation of approval of Ordinance 30-16 for the City initiated amendment to the Future Land Use Map from TRN (Transitional) to GC (General Commercial) and rezoning from NC (Neighborhood Commercial) to GC (General Commercial) for the properties located at 4591 and 4561 West Atlantic Avenue. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Printed on 10/26/2016Page 1 of 2 powered by Legistar™ File #:16-1052,Version:1 Attachments: ·Ordinance No. 30-16 ·Planning and Zoning Board Staff Report ·Draft Minutes of the Planning and Zoning Board Meeting of September 26, 2016 City of Delray Beach Printed on 10/26/2016Page 2 of 2 powered by Legistar™ ORDINANCE NO. 30-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM TRN (TRANSITIONAL) TO GC (GENERAL COMMERCIAL), PURSUANT TO THE PROVISIONS OF THE “COMMUNITY PLANNING ACT”, FLORIDA STATUTES SECTION 163.3187, FOR TWO PROPERTIES OF LAND LOCATED AT 4591 WEST ATLANTIC AVENUE AND 4561 WEST ATLANTIC AVENUE, ON THE NORTH SIDE OF WEST ATLANTIC AVENUE, APPROXIMATELY 150 FEET WEST OF BARWICK ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, AND REZONING AND PLACING SAID LAND PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; AMENDING "OFFICIAL ZONING MAP OF DELRAY BEACH, FLORIDA, DATED JANUARY 2012" (AS AMENDED); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING 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 163.3248, inclusive, known as the "Community Planning Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) designation of TRN (Transitional); and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated January 2012 (as amended), as being zoned NC (Neighborhood Commercial) District; and WHEREAS, at its meeting of September 26, 2016, 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 designation and zoning classification be changed for the property hereinafter described, based upon positive findings; and 2 ORD NO. 30-16 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 further 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 Future Land Use Map and Zoning District Map of the City of Delray Beach, Florida be amended to reflect the revised designations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General Commercial) Section 3. 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 163.3248, inclusive, known as the "Community Planning Act." 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 GC (General Commercial) District for the following described properties: Lots 1 thru 4 and the west 35 feet of Lot 5, Highland Trailer Park, according to the Plat thereof as recorded in Plat Book 24, Page 213, of the Public Records of Palm Beach County Florida, less the North 8 feet and the South 28.25 feet road right-of-way thereof. Together With Lots 5 (less the west 35 feet), Lot 6 and the west 32 feet of Lot 7, Highland Trailer Park, according to the Plat thereof as recorded in Plat Book 24, Page 213, of the Public Records of Palm Beach County Florida, less the North 8 feet and the South 28.25 feet road right-of- way thereof. 3 ORD NO. 30-16 Section 5. 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 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 Comprehensive Plan amendment is timely challenged. If timely challenged, the effective date of this Ordinance shall be the date a final order is issued by the State Land Planning or the Administration Commission, finding the adopted amendment to be in compliance. 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 state land planning agency. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2016. ___________________________________ ATTEST M A Y O R ____________________________ City Clerk First Reading___________________ Second Reading_________________ 1 EXCERPT OF MINUTES PLANNING AND ZONING BOARD CITY OF DELRAY BEACH REGULAR MEETING 4591 and 4561 West Atlantic Avenue MEETING DATE:September 26, 2016 MEETING PLACE:Commission Chambers CALL The meeting was called to order by Chair Robin Bird at 6:08 P.M. ROLL A quorum was present. Members present were Mark Krall, Louis Smith, Joe Pike and Robin Bird. Members absent were Joyce Patrick, Kevin Osborn, and Leslie Marcus. Staff present was Lynn Gelin, Assistant City Attorney, Mark McDonnell, Assistant Director Planning, Zoning & Building, John Morgan, Director of Environmental Services, Candi Jefferson, Senior Planner, Jasmin Allen, Senior Planner and Diane Miller, Board Secretary. SWEARING IN OF THE PUBLIC Robin Bird, Chair, read the Quasi-Judicial Rules for the City of Delray Beach and Ms. Miller swore in all who wished to give testimony on any agenda item. COMMENTS FROM THE PUBLIC (Comments on items that are NOT on the Agenda will be taken immediately prior to Public Hearing Items.) Dr. Victor Kirson, Tierra Verde of Delray CITY- INITIATED LEGISLATIVE ITEMS: 4591 and 4561 West Atlantic Avenue:Recommend to the City Commission the City-initiated Future Land Use Map amendment from TRN (Transitional) to GC (General Commercial) and rezoning from NC (Neighborhood Commercial) to GC (General Commercial) for the properties located at 4591 and 4516 West Atlantic Avenue. Exparte Communication - None Mark McDonnell, Assistant Director of Planning, Zoning and Building presented the item through a review of the staff report. Public Comments - None Board Comments Robin Bird, Chair inquired if Greenstone Drive was a public or privately platted road right-of-way. Minutes of the September 26, 2016 P&Z BOARD Meeting 2 Louis Smith, stated that the existing open space of 23% is less than the 25% minimum required open space and recommends that the minimum open space is provided with the redevelopment of the site. Motion by Mark Krall, second by Joe Pike to recommend approval to the City Commission for the City-initiated Future Land Use Map amendment from TRN to GC and rezoning from NC to GC for the properties located at 4591 and 4516 West Atlantic Avenue, 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(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. MOTION CARRIED 4-0 ADJOURNED There being no further business to come before the Board, the meeting was adjourned at 7:22 P.M. The undersigned is the Secretary of the Planning and Zoning Board and the information provided herein is the Minutes of the meeting of said body for September 26, 2016 which were formally adopted and approved by the Board on ______. Diane Miller Diane Miller If the Minutes you have received are not completed as indicated above, then this means that these are not the official Minutes. They will become so after review and approval, which may involve some changes. (These notes are an abbreviated version of this meeting. The full audio dialog is available at City Hall for anyone that would like the full recording.) City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-1022,Version:1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning, Zoning and Building Director THROUGH: Donald B. Cooper, City Manager DATE: November 1, 2016 ORDINANCE NO. 31-16: UPDATE TO THE CAPITAL IMPROVEMENT ELEMENT OF THE COMPREHENSIVE PLAN TO INCORPORATE THE FIVE-YEAR CAPITAL IMPROVEMENT PLAN ADOPTED BY THE CITY COMMISSION (FIRST READING) Recommended Action: Motion to Approve the Planning and Zoning Board’s finding of Consistency of the 5-Year Capital Improvement Plan for FY 2016-17 through FY 2020-21,and FY 2016-17 Capital Improvement Budget,and approve on first reading Ordinance No.31-16,and Table CI-CIP, to update the Capital Improvement Element of the Comprehensive Plan. Background: The full Capital Improvement Plan (CIP)is a listing of the projects with capital expenditures over $25,000,which the City plans to initiate over the next five fiscal years.The Capital Improvement Budget (CIB)is the first year of that plan,to which the City Commission has committed as part of the adopted annual budget. The Planning and Zoning Board,acting as the Local Planning Agency,has the responsibility to review the CIB and CIP annually and issue a statement of consistency with the Comprehensive Plan.This responsibility is expressed in Capital Improvement Element Policies A-3.3, A-3.4 and A-3.5. The entire CIP budget totals $182.43 million for the next five years.The attached CIP (FY2016-17-FY2020-21)is organized by funds,and then line items.Line items can be individual projects (i.e.Golf Course Renovation),or annual allocations for repair and replacement such as “Building Maintenance”or “Vehicle Replacement”.Expenditures on current projects which are not completed in the current fiscal year will “carry over”into the next fiscal year. Review By Others The Planning and Zoning Board reviewed the proposed CIP and CIB at a public hearing held on September 26,2016 and voted 4 to 0 that the CIP and CIB are consistent with the Comprehensive Plan,and recommended to the City Commission approval of the Ordinance to update the Capital Improvement Element of the Comprehensive Plan to reflect the new Five Year Capital Improvement Plan for FY 2016-17 through FY 2020-21. City of Delray Beach Printed on 10/26/2016Page 1 of 2 powered by Legistar™ File #:16-1022,Version:1 It is noted that the Capital Improvement Plan adopted by the City Commission on September 20,2016,was modified to exclude the Neighborhood Services Fund,as those projects are not capital projects and the implementation of each of the line item is not greater than $25,000.Other line item changes were also approved,but these do not modify the finding of consistency with the Comprehensive Plan made by the Planning and Zoning Board. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: N/A Timing of Request: If passed, a public hearing for second reading and adoption will be held on November 15, 2016. Attachments: ·Ordinance No. 31-16 ·Proposed CIP ·Planning and Zoning Board Staff Report ·Draft Minutes of the Planning and Zoning Board Meeting of September 26, 2016 City of Delray Beach Printed on 10/26/2016Page 2 of 2 powered by Legistar™ ORDINANCE NO. 31-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, UPDATING THE CAPITAL IMPROVEMENT PLAN SCHEDULE IN THE COMPREHENSIVE PLAN OF THE CITY OF DELRAY BEACH FOR FY 2016-17 TO FY 2020-21 IN ACCORDANCE WITH THE REQUIREMENTS OF POLICY A-3.3, A-3.4 AND A-3.5 OF THE CAPITAL IMPROVEMENT ELEMENT; PROVIDING FOR SEVERABILITY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AN EFFECTIVE DATE. WHEREAS, on November 28, 1989, the City Commission of City of Delray Beach adopted Ordinance 82-89 which adopted the Comprehensive Plan for the City of Delray Beach, as amended; and WHEREAS, pursuant to Policy A-3.3, A-3.4 and A-3.5 of the Capital Improvement Element of the Comprehensive Plan, the City has prepared a Five-Year Comprehensive Improvement Plan (CIP) for the period between FY 2016-17 to FY 2020-21, which addresses currently funded projects, projects under construction, and a five-year projection of projects over $25,000, and is described in “Table CI-CIP Five Year Capital Improvements Schedule for Projects > $25,000” attached and incorporated herein as Exhibit “A”; and WHEREAS, pursuant to Policy A-3.5 of the Capital Improvement Element of the Comprehensive Plan, the Planning and Zoning Board for the City of Delray Beach, sitting as the Local Planning Agency, has the responsibility to annually review the CIP and issue a statement of consistency with the Comprehensive Plan prior to the adoption of the CIP by the City Commission and; WHEREAS, at its meeting of September 26, 2016, the Planning and Zoning Board reviewed the Five-Year Capital Improvement Plan (CIP) for FY 2016-17 to FY20-21 and the CIB at a public hearing and voted 4 to 0 to make a statement that the Five-Year CIP and CIB were consistent with the Comprehensive Plan; and WHEREAS, at its meeting of --, 2016, the City Commission of the City of Delray Beach accepted the Planning and Zoning Board’s findings and adopted the list of capital projects contained in the Five-Year CIP for FY 2016-17 to FY 20-21 and the CIB; and 2 ORD NO. 31 -16 WHEREAS, the City Commission desires to update “Table CI-CIP Five Year Capital Improvements Schedule for Projects > $25,000” in the Comprehensive Plan to reflect the schedule for the years FY 2016-17 to FY 2020-21; and WHEREAS, pursuant to Section 163.3177(3)(b), Florida Statutes, modifications to update the five-year capital improvement schedule may be accomplished by ordinance and may not be deemed amendments to the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2.That Table CI-CIP which is attached hereto as Exhibit “A” and incorporated by reference herein is made part of the Comprehensive Plan of the City of Delray Beach. Section 3.That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4.That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2016. ____________________________________ M A Y O R ATTEST _______________________________ City Clerk First Reading __________________ Second Reading ________________ PROJECT & FUND FY 16/17 FY 17/18 FY 18/19 FY 19/20 FY 20/21 TOTAL GENERAL CONSTRUCTION FUND ESD-Barwick Road Sidewalks (West Side)550,000 550,000 ESD/CRA-Block 63 Alley 110,000 110,000 ESD/CRA-NE 3rd St/Ave Alley Improvements 2,057,000 2,057,000 ESD/CRA-NW 5th Ave 400,000 400,000 ESD/CRA-NW/SW Neighborhood Alleys (NW Alley 17/18)700,000 3,375,987 5,300,120 2,600,060 11,976,167 ESD/CRA-NW/SW Neighborhood Alleys (NW Alley 2015)500,000 385,000 885,000 ESD/CRA-Old School Square Renovations and Maintenance 500,000 200,000 800,000 1,500,000 ESD/CRA-Osceola Neighborhood Improvements 837,870 5,516,971 5,516,971 11,871,812 ESD/CRA-Parking Management 350,000 200,000 550,000 ESD/Pedestrian Improvements East Atlantic Ave 500,000 500,000 ESD/Pedestrian Improvements East Atlantic Ave-Debt 100,000 100,000 ESD/CRA-Roadway Reconstruction - (OCI Rating 0-39)713,295 4,052,424 4,052,424 8,818,143 ESD-Roadway Reconstruction - (OCI Rating 40-50)1,677,507 5,790,088 5,790,088 13,257,683 ESD/CRA-Roadway Reconstruction - (OCI Rating 50-70)1,702,499 1,702,499 ESD/CRA-SE 4th Av Beautification-Atlantic to SE 2nd St 800,000 800,000 ESD/CRA-Sidewalks-Other 300,000 50,000 495,000 845,000 ESD/CRA-SW 14th Ave. SW2nd St 3rd St (SW Alley)550,000 550,000 ESD/CRA-SW 4th Av. Atl-SW 10th 100,000 100,000 ESD/CRA-SW 6th, 7th, 8th and 9th Ave-Improvements 100,000 100,000 ESD/PW- Garage Roll Up Doors 50,000 50,000 ESD/PW- Parking meters upgrade and initial installation 500,000 500,000 ESD /PW- Parking meters upgrade and initial installation-Debt 100,000 100,000 ESD/PW-City Buildings-Air Conditioners 75,000 250,000 250,000 250,000 825,000 ESD/PW-City Library Roll UP Gates 50,000 50,000 ESD/PW-Citywide Buildings-Roofs 100,000 500,000 500,000 500,000 1,600,000 ESD/PW-Citywide Other Building Components 100,000 500,000 500,000 500,000 1,600,000 ESD/PW-OSS Parking Garage-LED Lighting 125,000 125,000 ESD/PW- Decorative Street Lights 200,000 200,000 400,000 ESD-Historic Train Depot Station Renovations 250,000 250,000 ESD-Lake Ida Project FDEP 332,300 332,300 ESD-Marine Way Roadway and Seawall Construction 100,000 5,610,000 5,710,000 ESD-MPO Local Agency Project-NE 2nd Av/Seacrest PH I 627,700 627,700 ESD-MPO Local Initiative - Lowson Blvd. Military Trail to 195,000 1,082,500 1,277,500 Congress Ave. to SE 6th Ave. ESD-MPO-NE 2nd Av/Seacrest Beautification Ph 3 203,500 1,100,000 1,303,500 ESD -MPO Project-NE 2nd Av/Seacrest PH II 1,578,034 1,578,034 Fire-Fire -Ocean Rescue Lifeguard Towers 77,400 77,400 77,400 77,400 309,600 Fire-FS#1 Apparatus Bay Floor 50,000 50,000 PD AC Replacement 177,000 177,000 PD-Land Acquisition for future EOC 3,000,000 5,000,000 8,000,000 PD-Video Control Room/Surveillance Cameras Project 300,000 300,000 PR/CRA-Pompey Park Master Plan 800,000 4,000,000 4,800,000 4,000,000 13,600,000 PR-Atlantic Dunes Nature Trail 30,000 203,500 233,500 PR-Hilltopper Elevator 115,000 115,000 PR-Merritt Park Lights R&R 218,340 218,340 PR-Merritt Park Lights R&R -Debt 43,668 43,668 PR-Miler Park Shade System 60,000 60,000 PR-Special Event Van 26,210 26,210 PR-Tennis Center Structural Assessment 75,000 75,000 New Debt Service 1,287,671 2,869,274 5,541,607 7,292,697 16,991,249 CarryOver Debt Service 1,581,603 2,672,333 1,751,090 1,416,180 7,421,206 Debt Servie FY 15/16 items 1,212,395 1,212,395 GENERAL FUND TOTALS 9,130,518 20,660,729 39,344,296 28,732,805 24,092,336 121,960,683 CITY MARINA FUND PR-Marina Renovation R&R 100,000 1,023,000 1,123,000 PROJECT RESERVE 140,785 219,000 219,000 219,000 797,785 CITY MARINA FUND TOTALS 240,785 1,023,000 219,000 219,000 219,000 1,920,785 WATER & SEWER FUND PU-Reclaimed Water System Expansion, Area 6 190,000 2,200,000 2,390,000 PU-Reclaimed Water System Expansion, Area 12 C 2,475,000 2,475,000 PU-Customer Connections to Reclaimed Water 200,000 200,000 200,000 200,000 200,000 1,000,000 System ( after completion of construction) City Contribution to CIP SCRWTP (FY 17-22)550,000 600,000 650,000 700,000 750,000 3,250,000 WATER & SEWER FUND TOTALS 3,415,000 3,000,000 850,000 900,000 950,000 9,115,000 WATER & SEWER RENEWAL & REPLACEMENT FUND City Contribution to R&R SCRWTP (FY 17-22)84,000 84,000 84,000 84,000 84,000 420,000 TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000 CI-25 PROJECT & FUND FY 16/17 FY 17/18 FY 18/19 FY 19/20 FY 20/21 TOTAL ESD-Golf Club Estate Annexation; Infrastructure Enhancement 200,000 1,600,000 1,800,000 ESD/IT-Computer Aided Design (CADD) Upgrade Licenses 37,500 37,500 ESD-Lewis Cove Drainage Improvements 125,000 125,000 ESD-Marine Way,Veterans Pk & City Marina Sewall Const.45,000 45,000 ESD-Reclaimed Water System Expansion, Area 12 442,500 442,500 ESD-Reclaimed Water System Expansion, Area 6 220,000 220,000 ESD-Roadway Reconstruction - (OCI Rating 0-39)144,348 347,350 347,350 839,048 ESD/CRA-Roadway Reconstruction - (OCI Rating 40-49)1,156,268 1,156,268 2,312,536 ESD/CRA-NE 3rd St/Ave Alley Improvements 137,500 137,500 ESD-Sanitary Sewer Force Main System 58A & 87 Replacement 900,000 900,000 Public Utilities- ESD Complex Security Upgrades 50,000 550,000 600,000 Public Utilities-ESD-Bldg LS Wet Well Rehabilitation 100,000 100,000 100,000 100,000 100,000 500,000 Public Utilities-ESD-Fixed Generator Rplcmnts 120,000 120,000 120,000 120,000 120,000 600,000 Public Utilities-ESD-Large Water Meter R&R 25,000 25,000 25,000 25,000 25,000 125,000 Public Utilities-ESD-Lift Station Rehabilitation 160,000 160,000 160,000 160,000 160,000 800,000 Public Utilities-ESD-Lift Station #1 Upgrade 190,000 1,450,000 1,640,000 Public Utilities-ESD-Production Well Rehabilitation 200,000 200,000 200,000 200,000 200,000 1,000,000 Public Utilities-ESD-Utilites Portable Generator Rplcmnts 220,000 220,000 220,000 660,000 Public Utilities-ESD-Sanitary Sewer Man-Hole Rehab 75,000 75,000 75,000 75,000 75,000 375,000 Public Utilities-ESD-Sanitary Sewer Rehab 550,000 550,000 550,000 550,000 550,000 2,750,000 Public Utilities-ESD-Small Water Meter R&R 50,000 50,000 50,000 50,000 50,000 250,000 Public Utilities-ESD-Upgrade of Lift Station Telemetry System 460,000 460,000 460,000 1,380,000 Public Utilities-Elevated Water Storage Tank Maintenance 30,000 30,000 30,000 30,000 30,000 150,000 Public Utilities-Water Distribution System Evaluation 200,000 200,000 200,000 600,000 Public Utilities-Water Line Service Relocations 25,000 25,000 25,000 25,000 25,000 125,000 Public Utilities-Water Valve Renewal & Replacements 36,000 36,000 36,000 36,000 36,000 180,000 Public Utilities-WTP Bleach Tank Replacement 60,000 60,000 Public Utilities-WTP Clarifer Rehab 480,000 480,000 960,000 Public Utilities-WTP Fill & Drainage Valve Replacements 85,000 85,000 85,000 255,000 Public Utilities-WTP Laboratory Mass Specr Instrument Unit 180,000 180,000 Public Utilities-WTP Lime Slacker Replacement 250,000 250,000 500,000 Public Utilities-WTP Water Ammonia Tank Replacement 40,000 40,000 WATER & SEWER RENEWAL & REPLACEMENT FUND TOTALS 5,564,348 7,454,850 3,923,618 2,611,268 1,455,000 21,009,084 MUNICIPAL GOLF COURSE PR-Golf Course Renovation-R&R 435,000 4,356,275 4,791,275 MUNICIPAL GOLF COURSE TOTALS - - 435,000 4,356,275 - 4,791,275 STORM WATER FUND ESD-Atlantic Av and 2nd Ave Stormwater Improvements 25,000 110,000 135,000 ESD-/CRA Block 63 Alley 33,000 33,000 ESD/IT-Computer Aided Design (CADD) Upgrade Licenses 37,500 37,500 ESD-George Bush Boulevard Storm Water Improvements 137,500 137,500 ESD/CRA-NE 3rd St/Ave Alley Improvements 137,500 137,500 ESD-Island Drive Seawall Repairs 350,000 350,000 ESD-Lakeview Stormwater System Rehabilitation 330,000 330,000 ESD-Lewis Cove Drainage Improvements 225,000 225,000 ESD-Marine Way Seawall Construction 250,000 250,000 ESD-Reclaimed Water System Expansion, Area 12C 355,000 355,000 ESD-Reclaimed Water System Expansion, Area 6 385,000 385,000 ESD/CRA-Roadway Reconstruction - (OCI Rating 0-39)66,240 231,565 231,565 529,370 ESD/CRA-Roadway Reconstruction - (OCI Rating 40-49)2,279,933 2,279,932 4,559,865 ESD-SE 4th Av. Beautification - Atlantic to SE 2nd St 200,000 200,000 ESD-SW 14th Ave. SW2nd St 3rd St (SW Alley)137,500 137,500 ESD/CRA-SW 6th, 7th, 8th and 9th Ave-Improvements 16,500 16,500 ESD-MPO Local Agency Project-NE 2nd Av/Seacrest PH 3 11,000 11,000 ESD-Seawall Vulnerability Analysis 200,000 200,000 ESD-Update Stormwater Master Plan 200,000 200,000 STORM WATER FUND TOTALS 2,187,240 880,565 2,848,998 2,312,932 - 8,229,735 GARAGE FUND Vehicle Replacement-Automotive 1,199,940 2,805,000 2,975,000 3,600,000 2,905,000 13,484,940 Vehicle Replacement-Heavy Equipment 1,825,000 1,825,000 Vehicle Restoration 95,000 95,000 GARAGE FUND TOTALS 3,119,940 2,805,000 2,975,000 3,600,000 2,905,000 15,404,940 GRAND TOTAL OF ALL FUNDS 23,657,831 35,824,144 50,595,912 42,732,280 29,621,336 182,431,502 CI-26 1 EXCERPT OF MINUTES PLANNING AND ZONING BOARD CITY OF DELRAY BEACH REGULAR MEETING Five Year Capital Improvement Plan (CIP) for FY 2016-17 through FY 2020-21 and the FY 2017 Capital Improvement Budget MEETING DATE:September 26, 2016 MEETING PLACE:Commission Chambers CALL The meeting was called to order by Chair Robin Bird at 6:08 P.M. ROLL A quorum was present. Members present were Mark Krall, Louis Smith, Joe Pike and Robin Bird. Members absent were Joyce Patrick, Kevin Osborn, and Leslie Marcus. Staff present was Lynn Gelin, Assistant City Attorney, Mark McDonnell, Assistant Director Planning, Zoning & Building, John Morgan, Director of Environmental Services, Candi Jefferson, Senior Planner, Jasmin Allen, Senior Planner and Diane Miller, Board Secretary. SWEARING IN OF THE PUBLIC Robin Bird, Chair read the Quasi-Judicial Rules for the City of Delray Beach and Ms. Miller swore in all who wished to give testimony on any agenda item. COMMENTS FROM THE PUBLIC (Comments on items that are NOT on the Agenda will be taken immediately prior to Public Hearing Items.) Dr. Victor Kirson, Tierra Verde of Delray CITY- INITIATED LEGISLATIVE ITEMS: Five Year Capital Improvement Plan (CIP) for FY 2016-17 through FY 2020-21 and the FY 2017 Capital Improvement Budget: Recommend to the City Commission that the proposed Five Year Capital Improvement Plan (CIP) for FY 2016-17 through FY 2020-21 and the FY 2017 Capital Improvement Budget are consistent with the Comprehensive Plan, and update the CIP in the Comprehensive Plan as necessary. Exparte Communication - None John Morgan, Director of Environmental Services presented the item through a powerpoint presentation that addressed the CIP process and highlighted major upcoming projects. Public Comments – Oliver Buckton, 145 Coconut Road, inquired if access will be impacted to the public beach with the beach master plan improvements. Minutes of the September 26, 2016 P&Z BOARD Meeting 2 Board Comments Joe Pike, inquired if the residents do not upgrade their seawalls how is the sea-level rise issue addressed and also inquired as to the process for prioritizing capital improvement projects. Robin Bird, Chair, stated that the sidewalks along Lindell Boulevard are discontinuous from Dixie Highway and some sidewalks are constructed on one side of the street while others are on the other side of the street that leads to nowhere. The City needs to develop a plan to provide sidewalks along either on one side or the other of the roadway. Mark Krall, inquired why the current CIP budget did not include funding for the beach master plan improvements. Motion by Mark Krall, second by Louis Smith, made a finding that the proposed Five Year Capital Improvement Plan for FY 2016-17 through FY 2020-21 is consistent with the Comprehensive Plan. Motion by Mark Krall, second by Louis Smith, to recommend to the City Commission approval of the Ordinance to update the Capital Improvement Element of the Comprehensive Plan to reflect the new Five Year Capital Improvement Plan for FY 2016-17 through FY 2020-21. MOTION CARRIED 4-0 ADJOURNED There being no further business to come before the Board, the meeting was adjourned at 7:22 P.M. The undersigned is the Secretary of the Planning and Zoning Board and the information provided herein is the Minutes of the meeting of said body for September 26, 2016 which were formally adopted and approved by the Board on ______. Diane Miller Diane Miller If the Minutes you have received are not completed as indicated above, then this means that these are not the official Minutes. They will become so after review and approval, which may involve some changes. (These notes are an abbreviated version of this meeting. The full audio dialog is available at City Hall for anyone that would like the full recording.) City of Delray Beach Legislation Text 100 N.W. 1st Avenue Delray Beach, FL 33444 File #:16-1074,Version:1 TO: Mayor and Commissioners FROM: Donald B. Cooper, City Manager DATE: November 1, 2016 CITY MANAGER REPORT Budget Offset (Fungibility) for Certain Not-for- Profits (NFP) as Resulting from Community Redevelopment Agency (CRA) Funding. City of Delray Beach Printed on 10/26/2016Page 1 of 1 powered by Legistar™