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Agenda Reg 10-03-00CITY OF DELRAY BEACM, FLORIDA - CITY COMMISSION REGULA~ MEETING OCTOBER 3, 2000 6:00 P.M./PUBLIC HEARINGS 7:00 P.M. COMMISSION CHAMBERS The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph 243-7127 (voice), or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: under this section. Any citizen is entitled to speak on items B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 2. 3. 4. 5. Roll Call.' Invocation. Pledge of Allegiance to the Flag. Agenda Approval. Approval of Minutes: Special Meeting of September 12, Regular Meeting of September 19, Special Meeting of September 26, Proclamations: A. YMCA Day - Presentations: Consent Agenda: A. 2000 2000 2000 December 2, 2000 None City Manager recommends approval. RATIFICATION OF WEST ATLANTIC REDEVELOPMENT COALITION APPOINTMENT TO PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of George Maso as the West Atlantic Redevelopment Coalition (WARC) Board's representative on the Parking Management Advisory Board for a term ending September 30, 2001. MacARTHUR GP~%NT/DOWNTOWN PLAN STEERING COMMITTEE: Approve the Co list of nominated individuals to serve on the MacArthur Grant/Downtown Plan Steering Committtee as recommended by the Community Redevelopment Agency. RENEWAL OF TEMPORARY PARKING LOT PERMIT/MILAGRO CENTER: Approve a one year renewal (through October 2, 2001) of the Milagro Center's permit for a temporary parking lot located at the southwest corner of S.E. 1st Street and S.E. 3rd Avenue within the Central Business District, subject to the provisions of LDR Section 2.4.6(H) . ACCEPTANCE OF SIDEWALK EASEMENT DEED/PROPOSED HAITIAN MUSEUM: Accept an easement deed from Agama Path, Inc. conveying to the City a five foot sidewalk easement along S.E. 1st Avenue associated with the proposed Haitian Museum site at 101 S.E. Regular Commission Meeting October 3, 2000 1st Street, located at the northeast corner of S.E. 1st Avenue and S.E. 1st Street. E. AGREEMENT FOR SIDEWALK IMPROVEMENTS/CHURCH OF GOD BY FAITH: Approve an agreement between the City and Church of God by Faith to allow the deferral of sidewalk improvements within the N.W. 6th Avenue right-of-way until such time as the City requests the sidewalk to be constructed. The subject property is located on the west side of N.W. 6th Avenue between N.W. 3rd and 4th Streets. JOINT PARTICIPATION AGREEMENT WITH PALM BEACH COUNTY/LINTON BOULEVARD & FEDERAL HIGHWAY INTRWRECTION IMPROVE~R'£S: Approve an agreement between the City and Palm Beach County for joint participation and project funding in construction of Linton Boulevard and Federal Highway intersection improvements, with the City to pay up to $15,600 for utility adjustments in conjunction with the project, with funding from 442-5178-536-65.13 (Water & Sewer R&R Linton Boulevard Utility Relocation). RESOLUTION NO. 73-00: Approve for abatement action necessary properties throughout the City. a resolution assessing costs to remove nuisances from 34 REVIEW OF APP~a?,~RLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 18th through September 29, 2000. MODIFICATION AND EXTENSION AGREEMENT/CHILDREN'S SERVICES COUNCIL: Approve the Modification and Extension Agreement between the City and the Children's Services Council for grant funding in the amount of $123,502 in support of the Parks & Recreation Out-of-School Youth Recreation/Enrichment program, subject to review and approval by the City Attorney. AWARD OF BIDS AND CONTRACTS: 2 o Purchase award in the amount of $21,037.00 to Data Flow Systems, sole source provider, for the purchase of telemetry components to be used to facilitate the upgrading of systems at the Water Treatment Plant, with funding from 441-5143-536-46.20 (Water Maintenance - Equipment Maintenance). Contract award in the amount of $885,208.00 to Sonic Engineering, Inc. for construction of the Southridge Road/Sunset Avenue/Albatross Road area infrastructure improvements project. This is a 2000 Roadway Bond Program project, with funding in the amount of $576,390.00 from 370-3162-541-65.46 (2000 Roadway Bond Program), $110,280.00 from 448-5470-538-65.46 (Stormwater Utility Fund), and $198,538.00 from 441-5161-536-65.46 (Water & Sewer New Capital). -3- Regular Commission Meeting October 3, 2000 Purchase award at an estimated annual cost of $31,865.00 to Vulcan Performance Chemicals, sole source provider, for the furnishing and delivery of hydrogen peroxide for odor and corrosion control for the City's wastewater system, with funding from 441-5144-536-52.21 (Lift Station Maintenance - Chemicals). 5 o Approval of payment in the amount of $16,130.25 to Florida Detroit Diesel for emergency repairs to Fire Apparatus Truck #9232, with funding from 501-3311-591-52.52 (Garage/Vehicle Maintenance Outside Service). Bid award in the amount of $13,572.00 to Kim's Florida Garden for the annual landscape maintenance contract for South Federal Highway and Congress Avenue, with funding from 119-4144-572-46.40 (Beautification Maintenance). Contract renewal with Focus Camera, via City of Boca Raton bid, for the purchase of various film and photographic supplies at an estimated annual cost of $17,216.59, with funding from various departmental operating budgets (line item 34.70 - Photo/Microfilm). Bid award for tennis court rehabilitation at the De!ray Swim and Tennis Club. The apparent low bid is from Calico Racquet Courts at $81,634.00. Regular Agenda: A. CONDITIONAL USE REQUEST/INCREASED HEIGHT FOR EXISTING TELECOMMUNICATIONS TOWER: Consider a request for conditional use approval to allow an increase in height from 62 feet to 125 feet for an existing telecommunications tower located on the east side of N.W. 18th Avenue, approximately 660 feet north of Marty Fladell Drive (231 N.W. 18th Avenue), within the MIC (Mixed Industrial and Commercial) zoning district. QUASI-JUDICIAL PROCEEDING B. SCHOOL CONCURRENCY INTERLOCAL AGREEMENT: Consider approval of the Palm Beach County Interlocal Agreement with Municipalities of Palm Beach County and the School District of Palm Beach County to establish public school concurrency. C. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a request for special event approval for the October 19, 2000 Art & Jazz, including temporary use permits for street closures, staff support, use of City equipment, and specified overtime costs. Do VERIZON WIRELESS LEASE AGREEMENT: Consider approval of a lease agreement with Verizon Wireless which provides for the replacement of the Police radio tower with a 180 ft. monopole -4- Regular Commission Meeting October 3, 2000 tower capable of supporting the City's equipment as well as three additional cell/paging providers. THOMAS BATTLES REPORT: Consider approval of the summary agreement as set forth in the September 15, 2000 letter to the City Manager from Thomas L. Battles, Senior Reconciliation Specialist, U.S. Department of Justice, and the staff recommendation to address the issues. HOUSING R~WRBILITATION CONTRACT AWARD/DAKOTA CONSTRUCTION, INC.: Consider approval of a contract award through the State Housing Initiatives Partnership (SHIP) program in the amount of $20,338.75 to Dakota Construction, Inc. as the lowest responsive bidder (second low bid) for the rehabilitation of a single family housing unit at 312 S.W. llth Avenue. G. BID AWARD FOR LANDSCAPE MAINTENANCE/GATOR LANDSCAPING & IRRIGATION: Consider approval of a bid award in the amount ot $32,369.00 to Gator Landscaping & Irrigation as the lowest responsive bidder (third low bid) for landscape maintenance of Homewood Boulevard, Linton Boulevard and three medians on Military Trail, with funding from 119-4144-572-46.40 (Beautification Maintenance). REGIONAL EVACUATION COORDINATION AND IMPLEMENTATION PROCEDURES: Consider authorizing the City Manager to sign the letter of support for the Host Shelter Plan, the Reentry Plan and the Road Monitoring Procedures. SETTLR~m~T OF PROPERTY DAMAGE CLAIM BY DESIMON ALEXANDRE: Consider settlement of the referenced matter as recommended by the City Attorney. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint five members to the Board of Construction Appeals for two year terms ending August 31, 2002. The appointments will be made by Commissioner McCarthy (air conditioning contractor), Mayor Schmidt (master electrician), Commissioner Perlman (professional engineer), Commissioner Archer (general contractor), and Commissioner Schwartz (real estate broker or insurance agent). 10. Public Hearings: ORDINANCE NO. 23-00: An ordinance annexing to the City the Pathways to Recovery site located on the east side of Barwick Road approximately 250 feet north of Sabal Lakes Road; providing for a small scale Future Land Use Map amendment from County MR-5 (Medium Density 5 units per acre) to City CF (Community Facilities); and establishing initial zoning of CF (Community Facilities) for the property. QUASI-JUDICIAL HEARING AS TO ZONING -5- Regular Commission Meeting October 3, 2000 CONDITIONAL USE REQUEST/PATHWAYS TO RECOVERY: Consider a request for conditional use approval to allow the expansion of an alcohol and drug abuse treatment facility known as Pathways to Recovery, located on the east side of Barwick Road approximately 250 feet north of Sabal Lakes Road. QUASI-JUDICIAL PROCEEDING 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 27-00: An ordinance changing the Future Land Use Map designation from MD (Medium Density Residential 5-12 units/acre) to CF-R (Community Facilities-Recreation), and associated rezoning from RM (Medium Density Residential) to CF (Community Facilities) for the Delray Swim and Tennis Club facility located on the west side of Jaeger Drive between Dotterel Road and Egret Circle. If passed, a quasi-judicial (as to zoning) public hearing will be scheduled for October 17, 2000. 13. Comments and Inquiries on Non-Agenda Items. Ao City Manager City Attorney City Commission -6- CITY COMMISSION - CITY OF DELRAY BEACH REGULAR MEETING - OCTOBER 3, 2000 - 6:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE CONSENT AGENDA IS AMENDED BY ADDING ITEM 8.J.8. AS FOLLOWS: 8. CONSENT AGENDA J. AWARD OF BIDS AND CONTRACTS: 8. Bid award in the amount of $44,138.02 to Hoover Pumping Systems for the installation of an automated, above-ground irrigation system at the Delray Swim and Tennis Club, with funding from 117-4133-572-63.90 (Recreation Impact Fees - Other Improvements). Also attached are the following: · Minutes · A copy of the complete bid package for Item 8.J.7, Bid award in the amount of $81,634.02 to Calico Racquet Courts, Inc. for the rehabilitation of 20 clay tennis courts at the Delray Swim and Tennis Club, with funding from 117-4133-572-63.90 (Recreation Impact Fees - Other Improvements). · Addendum to staffrecommendation for Item 9.E., Thomas Battles Report. Addendum. October 3, 2000.Reg. Mtg. CITY COMMISSION - CITY OF DELRAY BEACH REGULAR MEETING - OCTOBER 3, 2000 - 6:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THECONSENTAGENDAISAMENDEDBYADD~GITEM8.J.8. ASFOLLOWS: 8. CONSENT AGENDA J. AWARD OF BIDS AND CONTRACTS: 8. Bid award in the amount of $44,138.02 to Hoover Pumping Systams for the installation of an automated, above-ground irrigation system at the Delray Swim and Tennis Club, with funding from 117-4133-572-63.90 (Recreation Impact Fees - Other Improvements). Also attached are the following: Minutes · A copy of the complete bid package for Item 8.J.7, Bid award in the amount of $81,634.02 to Calico Racquet Courts, Inc. for the rehabilitation of 20 clay tennis courts at the Delray Swim and Tennis Club, with funding from 117-4133-572-63.90 (Recreation Impact Fees - Other Improvements). · Addendum to staff recommendation for Item 9.E., Thomas Battles Report. Addendum. October 3, 2000.Reg. Mtg. IffyDELRR¥ BEI:I[H 100 N.W. 1st AVENUE DELRAY BEACH. FLORIDA 33444 407/243-7000 PROCLAMATION WHEREAS, on December 2, 2000, the new YMCA will open it's doors to serve the communities of Boynton Beach, Briny Breezes, Delray Beach, Village of Golf, Gulfstream, Hypoluxo, Lantana, Manalapan and Ocean Ridge; and WHEREAS, this is particularly relevant in today's society in that the YMCA puts Christian principles into practice, welcomes and supports children and families, helps to establish the values of caring, honesty, respect and responsibility, and works to build communities; and WHEREAS, the YMCA helps people of all ages, incomes, religions, ethnic groups, and abilities to lead healthier and safer lives; and WHEREAS, the new YMCA's services are designed to improve the physical, mental and spiritual well-being of members and participants, making our "Y" a charitable organization deserving of community support; and WHEREAS, the YMCA builds strong kids, strong families and strong communities; and WHEREAS, the supporters and members of the new YMCA are to be congratulated on the grand opening of the facility. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby declare December 2, 2000 as YMCA DAY and urge all citizens to celebrate the day by beginning or continuing to help develop the four basic values of caring, honesty, respect and responsibility in our communities' children, teens and families in order to better the future development of this City, State and Nation. 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 3rd day of October, 2000. DAVID W. SCHMIDT MAYOR SEAL GAlL ADAMS AASKOV MAYOR, CHAIRMAN O~ COMMISSION GREGORY L. DUNHAM TOWN MANAGER September 12, 2000 TOWN OF OCEAN RIDGE 6450 NORTH OCEAN BOULEVARD OCEAN RIDGE, FLORIDA 33435 TELEPHONE: (561) 732-2635 FAX: (561) 737-8369 TO: City of Boynton Beach Town of Briny Breezes City of Delray Beach Town of Golf Town of Gulfstream Town of Hypoluxo Town of Lantana Town of Manalapan SUBJECT: PROCLAMATION FOR YMCA DAY COMMISSIONERS BET'FY P. B. SINGHAM DIGBY C. BRIDGES KENNETH M, KALEEL JEFFREY B. WILLENS In a regular meeting held September 11, 2000, the Town of Ocean Ridge adopted the attached proclamation proclaiming December 2, 2000 as YMCA DAY. Also attached is a letter fi.om Kenneth M. Kaleel, Chairman of the Boynton Beach YMCA, requesting that each of the municipalities approve a similar proclamation. They would like to include the proclamations in their Inaugural Souvenir Journal. The Boynton Beach YMCA requests that your proclamation be returned on or before October 15, 2000 so that it may be placed in the Journal. Kenneth Kaleel, who is also one of Ocean Ridge's Commissioners, is suggesting that your proclamations be returned to the Ocean Ridge Town Hall since they do not have a formal office yet. Kenneth Kaleel thanks you on behalf of the Boynton Beach YMCA. Yours/~'uly, Town Clerk THE MISSION OF THE TOWN OF OCEAN RIDGE IS TO CREATE AND MAINTAIN A BEAUTIFULLY LANDSCAPED, ~'A DIVERSE SEASIDE COMMUNITY BUILT AROUND THE FAMILY AND CIVIC PRIDE, STATE OF THE ART PUBLIC SERVICES AND INFRASTRUCTURE THAT ENHANCES THE NATURAL BEAUTY OF OUR TOWN. gENT BY: K~LEEL & ASSOCIATES ; 561 738 1106 ; SEP-7-O0 9:5tfi~¥1; P,~OE 2/3 Boynton Beach YMCA 9600 South Military Trail Boynton Beach, Florida 33436 Ptlono: (561} 738-9622 Fax: (561) 738-§055 September 7, 2000 Dear Mayor and Fellow Conunissioners, On December 2, 2000, the new YMCA will open its doors and serve thc communities of Boynton Beach, Briny Breezes, Delray Beach, Golf, Gulfstream, blypoluxo, Lantana, Manalapan and Ocean Ridge. To celebrate this historic and memorable occasion, wc are asking all of the communities in which we sen, e to sign a Proclamation declaring December 2, 2000 YMCA day and encouraging the fbur basic values of caring, honcsty, respect and responsibility. We are planning to include your Proclamation in our Inaugural Souvenir Journal produced especially for our grand opcning. For your consideration, I have taken thc liberty to enclose a proposed Proclamation. Please feel free to call me if you should have any questions or commcnts. I look forward to receiving your original Proclamation on or before October 15, 2000 so it can be placed in our Journal, On behalf of the Board o~.Directors, its members, and supporters of the YMCA, I thank you, in advance, for your coflsideration. A (.'()PY OF THE OFFI(JIAI RF.;G[S'I'RP;I'ION ,~,,ND F[NA."qCIAL hN'FORMPiI'ION MAY lie Oli I;,'S. INED FRO,M THE DIVISION r'¢)N~;UMFR ,~ERVI~E.~ aY (7ALLIN(i TOLL-FRlul-' (I.8(X}.43.5 735~ ~ WITI lin TIlE STATE. RE(ilSTRATI¢)N DOES NOT IMPI,Y ENDORSEMENT, APPROH/AI,, OR RF. COMM£N'D^TTON Ply THE STATE. A PARTICIPATING AOENCY OF' THE UNIT/O WAY GAlL ADAMS AASKOV MAYOR, CHAIRMAN OF COMMISSION GREGORY L. DUNHAM TOWN MANAQER TOWN OF OCEAN RIDGE 6450 NORTH OCEAN BOULEVARD OCEAN RIDGE, FLORIDA 33435 TELEPHONE: (561) 732-2635 FAX: (561) 737-8359 COMMISSIONERS BETTY Pm Bm BINGHAM DIGBY C. BRIDGES KENNETH M. KALEEL JEFFREY B. WILLENS Wf'IEI~E,~I..S, the New YMCA serving the communities of Boynton Beach, Briny Breezes, Delray Beach, Golf, Gulfstream, Hypoluxo, Lantana, Manalapan and Ocean Ridge's movement is something different and special, it is particularly relevant in today's society; and Ifl/HE~E~IS, the New YMCA puts Christian principles into practice, welcomes and supports children and families and helps build the values of caring, honesty, respect and responsibility as well as builds community; and IMffE~E~IS, the YMCA helps people of all ages, incomes, ethnicities, religions and abilities lead healthier and safer lives; and IMf~E/~E~IS;, the New YMCA's services are designed to improve the physical, mental and spiritual well-being of members and participants, making our "Y" a charitable organization deserving of community support; and the New YMCA builds strong kids, strong families, strong communities; and WffEREv~I.S, we congratulate the supporters and members of the new YMCA on the GRAND OPENING December 2, 2000. .NOIM, eEHE~E-~JOI~E, ~E gee Jo~OO£~gJVIED that the Town of Ocean Ridge, Florida hereby declares December 2, 2000 as and urge all citizens to celebrate the day by beginning or continuing to help develop the four basic values of caring, honesty, respect and responsibility in our communities' children, teens and families in order to better the further development of this City, State and Nation. -..,.,, '- ........ - '~.., THE MI$510N OF THE TOWN OF OCEAN RIOGE IS TO CREATE AND MAINTAIN A BEAUTIFULLY LANDSCAPED, DIVERSE 5EABIDE COMMUNITY BUILT AROUND THE FAMILY AND CIVIC PRICE, STATE OF THE ART PUBLIC SERVICES AND INFRABTRUGTURE THAT ENHANCES THE NATURAL BEAUTY OF OUR TOWN, MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~./~.. REGUI.AR. MRRTING OF OCTOBER 3, 2000 RATIFICATION OF WEST ATLANTIC REDEVELOPMENT COALITION APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD SEPTEMBER 27, 2000 With the adoption of Resolution No. 63-00 by the City Commission on September 7t~, the Parking Management Advisory Board membership was expanded from nine to eleven members to include a representative from the West Atlantic Redevelopment Coalition OX/ARC) and a second citizen-at-large representative. Staffis in the process of secUnng applications for the citizen-at-large position. Attached is a letter from Rosalind Murray, West Atlantic Avenue Coordinator, conveying the WARC oard s recommendatton that George Maso be appointed as the WARC representative on the Parking Management Advisory Board. Mr. Maso's term on the West Atlantic Redevelopment Coalition Board runs through September 30, 2001. In accordance with the Comtmssion's action on September 7th, his appoinmaent as WARC representative to the parking board would likewise be for a term ending It is recommended that the Commission approve and ratify the appointment of George Maso as the WARC representative to the Parking Management Advisory Board for a term ending September 30, 2001. RefiAgmemo3.Ratification of WARC -Appt. toPMAB RECEIVED SEP 2 2. 2000 ASSISTANT CiTY MANAGER DELRAY BEACH September 18, 2000 Mr. Bob Barcinski, Assistant City Manager City of Delray Beach 100 N.W. 1a Avenue Delray Beach, FL 33444 Dear Mr. Barcinski, I am writing to inform you that Mr. George Maso has been recommended by the West Atlantic Redevelopment Coalition Board of Directors OVARC), for the seat designated for them by the Parking Management Advisory Board. Mr. Maso is aware of the appointment, he was present at the meeting during the discussion. His address is 1050 Dotteral Road, Apt., 408, Delray Beach, FL 33444. His telephone number is 265-3264. He has been a member of the WARC board for three years. If you have any questions, please call me at 276-8640. S~eerely, M · d Murray, West Atlantic Avenue Coordinator George Maso, WARC Diane Dominguez, Executive Director 24 North Swinton Avenue · Delray Beach, Florida 33444 561-276-8640 · Fax 561-276-8558 DELRAY BEACH September 29, 2000 David T. Harden Ci~ Manager 100 NWlStAvenue Delray Beach, FL 33444 RE: City Commission Meeting of October 3, 2000 Approval of MacArthur Grant/Downtown Plan Steering Committee Dear David, This request involves the grant from the MacArthur Foundation to prepare a plan for the downtown business districts. The study area essentially consists of the TCEA (Transportation Concurrency Exception Area--see attached map). The plan will involve the preparation of traffic, parking, and marketing studies, the conducting of a design charrette, and workshops to deal with race issues. One of the first steps is to establish a steering committee that will oversee the completion of all of these steps and insure that the process is inclusive. The project management team that prepared the grant application (which included representatives from the Planning & Zoning Department, the CRA, the MacArthur Foundation, MADDDADS, the City Commission, WARC, and several community members) worked together on the nominations for the steering committee. The objective was to have representation from the various facets of the community, including property owners and businesses located within the study area, and community representatives from the City at large. It is important to note that the committee will not be writing the plan--they will guide the planning process through the various stages, and ensure that their various constituencies are kept informed. The group will meet approximately once a month for a year or so. There will be several opportunities during that time for others to become involved, particularly in the racism workshop and the design charrette. In addition to the committee, there will be numerous resource persons, including staff of various City departments, the CRA, the University of Florida, Florida Atlantic University, and others who will be asked to attend the meetings and provide information and input as needed. Attached please find the Fist of nominated individuals. The CRA voted unanimously last night to recommend approval of the Fist. Please have the item placed on the City Commission agenda of October 3, 2000. Interim Executive Director Attachment: Steering Committee List 24 North Swinton Avenue · Delray Beach, Florida 33444 561-276-8640, Fax 561-276-8558 Nominations for Steering Committee Jean Beer (PROD) Joseph Bernadel (Haitian Museum; Delray Merchant's Association) Barbara Brown (Village Academy; study area property owner) F~ (BPOA) ,/~//)-)/J.~'/~__./')F_~ David Cook (DMBA; study area property/business owner) Thaddeus Cohen (amhitect; member of Governor's Commission on Growth Management) William Danes (study area property/business owner) Perry DonFrancisco (study area property/business owner) EPOCH (member to be determined) Gertrude Green (at large) Simon Harvey (Dharma Properties) Daniella Henry (Haitian American Council) Eugene Herring (at large) Jon Levinson (DDA) George Maso (WARC) Alberta McCarthy (City Commission) Kevin McCarty (CRA) Bill Morris (study area property owner) Janet Onnen (PGMS; Parking Management; study area business/property owner) Francisco Perez (architect; SPRAB; PGMS; study area business owner) Jeff Perlman (City Commission) Renee Radabaugh (study area property/business owner) David Randolph (study area property owner; resident of adjacent neighborhood) Dwayne Randolph (P & Z) Chuck Ridley (MADDADS) Josh Smith (at large) Alfred (Zack) Straghn (WARC; study area property/business owner) Michael Weiner (study area property owner; Old School Square) Libby Wesley (Roots) Henry Williams (resident of adjacent neighborhood) Bill Wood (Chamber of Commerce) TO: ~.~DA~ID T ~ITY MANAGER THRU: P,~UL DORL/I~_ TING DIRECTOR OF PLANNING AND ZONING FROM: fASMIN ALLEN, PLANNER SUBJECT: ' MEETING OF OCTOBER 3, 2000 ***CONSENT AGENDA*** REQUEST TO RENEW A TEMPORARY PARKING LOT PERMIT WITHIN THE CBD AT THE SOUTHWEST CORNER OF SE t=' STREET AND SE 3Ky AVENUE, ASSOCIATED WITH THE MILAGRO CENTER At its meeting of October 20, 1998, the City Commission approved a temporary parking lot permit request for Milagro Center at the southwest corner of SE 1st Street and SE 3~ Avenue, subject to the provisions of LDR Section 2.4.6(H). The proposal included installation of a 191-space temporary parking lot (162 gravel spaces, 29 asphalt spaces) primarily for use by the Milagro Center (vocational school), located at the southeast corner of SE 2"d Avenue and SE 1st Street. The permit also allowed for the use of the lot by the general public at the owner's discretion. The proposal included the installation of site lighting and perimeter landscaping. All of the improvements have been completed. LDR Section 2.4.6 (H) states that permits for temporary parking lots are to be issued for one-year time periods, for a maximum of three years. The code states further that the temporary parking lot shall be monitored for compliance with the approved plan. Should the City Manager find that the operation of a lot is not in compliance or if the lot has an adverse effect on surrounding properties, and the applicant is unable or unwilling to rectify the problem, the permit may be reviewed by the City Commission for revocation. Since the original approval a one-year renewal permit was issued by the City Commission and will expire on October 19, 2000. A request has been submitted to renew the Milagro Center temporary parking lot for another year. The lot has been properly maintained and operated, and staff is not aware of any problems or complaints. LDR Section 2.4.6(H)(3)(d) states that the temporary parking lot site plan shall be reviewed and recommended for approval by the Parking Management Advisory Board prior to submission to the City Commission for consideration. On September 26, 2000, the PMAB reviewed and recommended approval of the request to allow the temporary parking lot to remain for another year. Approve the request to renew the temporary parking lot permit for Milagro Center for one year (October 2, 2001), subject to the provisions of LDR Section 2.4.6(H). Attachment: Site Plan // i ~- T TO: THRU: FROM: SUBJECT: D~D~,c~:? ~T' H/~DE,~N, .CITY MANAGER PAUL DORLING, ,~TING PLANNING AND ZONING DIRECTOR MEETING OF OCTOBER 3, 2000 **CONSENT AGENDA** ACCEPTANCE OF SIDEWALK EASEMENT ASSOCIATED WITH HAITIAN MUSEUM. The action requested of the City Commission is acceptance of sidewalk easement agreement associated with the Haitian Museum, to be located at 101 SE 1st Street, which is on the northeast corner of SE 1st Avenue and SE 1st Street. At its meeting of December 15, 1999, the Site Plan Review and Appearance Board (SPRAB) approved a Class V Site Plan Modification for Haitian Museum subject to conditions, which included execution of a sidewalk easement agreement prior to issuance of a building permit. The approval was to establish a museum along with a 14-space parking lot, and included elevation changes to the existing building. Pursuant to LDR Section 5.3.1(D)(2) and the Transportation Element of the City Comprehensive Plan, the required right-of-way width for this section of SE Ist Avenue is 60' and only 40' currently exists. A goal of the CRA and the City is to have the Atlantic Avenue streetscape improvements continue along the north/south side streets. Due to existing right-of-way constraints, the street section within the portion of SE 1st Avenue is to have parking only on the east side of the street. In order for the design to comply with the typical cross-section, an additional 5' will need to be obtained from the subject property to provide the sidewalk. The Board decided that this could be accomplished by providing a 5' sidewalk easement. Additionally, a 5' sidewalk easement is to be provided by the proposed Worthing Place development to the north. DSMG and the City Engineer determined that the 40' right-of-way is acceptable if a sidewalk easement is provided. As a condition of approval a 5' sidewalk easement is to be provided and accepted by the City Commission prior to issuance of a building permit. The City Attorney has reviewed the sidewalk agreement for legal sufficiency and form, and determined it to be acceptable. By motion, accept the sidewalk easement for Haitian Museum. Attachments: Location Map Reduced Site Plan Sidewalk Easement Agreement N.W. 1ST ST. COMMUNITY CENTER TENNIS STADIUM HALL N.W. 1ST ST. ATLANTIC POLICE SOUTH COMPLEX COUNTY COURT HOUSE S.W. 1ST ST. MERRI TT PARK N CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT ST. OLD SCHOOL SQUARE 2ND S.E. .3RD ST. S.E. 3RD ST., AVENUE SI. 2ND ST. ~S,E3RDS' HAITIAN MUSEUM !i Prepared by: RETURN: R. Brian Shut't, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this I~¥~ day of ~gC~}~ , 2000, by and between A~m~ P~'l-h: Tho , with a mailing address of 14 South Swinton Avo_: nmlray B~.Rt-h: FI, 33444 , partyof the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33~.~.~., a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETIt: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of: installation and maintenance of a public sidewalk and/or installation and maintenance of public utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities or sidewalk well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, mm-wit: DESCRIlYrlON See Exhibit "A' Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easemem shall be subject only to those easemems, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. 1 It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original or like condition without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1: (name printed or typed) WITNESS #2: (name printed or typed) Print Name: -K~, ~n.. ~.:-~-t ~'-~. (address) STATE Or COUNTY OF ~ The foregoing instrument was acknowledged before me this tt~ day of · lu.~ , 2000, by (name of officer or agent, title of officer or ag'ent), of fl~&/~'~q ~)A-~"~. /,tltT.. (name of corporation acknowledging), a ~/~t~ (state or place of incorporation) corporation, on behalf of the corporation. He/She is. personally known to me, or has produced (type of ident~cltion) as i~fic~ Si~' ~ Pter~n~'Taking Acknowledgment Name Typed, Printed or Stamn~rJ I THIS I$ NOT~4 SURVEY Renner, B~rgess, Inc. No, valid unless Aulhorization Number LB6504 sealed with embossed 1 S.E. 4th Ave., Suite 205 ~ur;eyor's seal Delray Beach, FL 33483 I hereby ~certify that the 'SKETCH OF D£$CP,-[P]']ON shown hereon Phone 561-243-4624 meets :h~ minimt~n technical standards set forth in Chapter 61G17-6, Fax 243-4869 Florida ,~,dminist~tiv~ Code./'~rsuant to Section 472.027, F or da West Palm 735-7639 Statut(s.I Toll Free 1-800.773-5531 Fax Free 1-800-g54-4408 ,Harry A W~.ST ~ FE;E.I' c~ Lo'I' IS THIS IS NOTA SURVEY Renner, Bt[rgess, Inc. Not valid un,ess Authorization Number LB6504 sealed with embossed 1 S.E. 4th Ave., Suite 205 surveyor's seal De,ray Beach, FL 33483 I hereby j::ertify that the 'SKETCH OF DESCRIPTION shown hereon Phone 561.243-4624 meets thC minim~t~m technical standards set forth in Chapter 61G17.6, Fax 243-4869 Florid ,~dminist~tiv~ Code/~rsuant to Section 472.027, Florida West Palm 735-7639 Statut s.I II J I// Toll Free 1-800-773-5531 ;Harry~ B~'~,g?,~s~ ~,//' -00 Fax Free 1-800-954-4408 '~ /~ P.L.S. No. 5089' TO: THRU: FROM: SUBJECT: T. ?W MA.AGER MEETING OF OCTOBER 3, 2000 **CONSENT AGENDA** AGREEMENT FOR SIDEWALK IMPROVEMENTS FOR CHURCH OF GOD BY FAITH. The action requested of the City Commission is that of acceptance of an agreement between the City and Church of God by Faith to allow the deferral of the sidewalk improvements along NW 6th Avenue associated with the construction of a 15-space parking lot. The subject propertv is located on the west side of NVV 6th Avenue between NW 4t~ Street and NW 3rd Street w th nm,, r~_~ A/e ,,,,, ~_ Res~denbal) zoning d stnct. At its meeting of April 4, 2000, SPRAB approved the site plan for Church of God by Faith, an existing church, for a new 15-space parking lot with associated landscaping. In conjunction with the site plan, the Board approved deferral of the requirement to install a sidewalk along NW 6th Avenue provided that the owner enters into an Agreement/Covenant acceptable to the City Attorney to install the sidewalk when required by the City. It is noted that under the direction of the City Commission, sidewalk deferral agreements are no longer being accepted. However, this deferral was recommended for approval prior to such direction by the City Commission. Pursuant to LDR Section 6.1.3(B)(1), a 5' wide sidewalk is required along NW 6th Avenue. Currently sidewalks do not exist along NW 6th Avenue within the single family residential neighborhood. Pursuant to Section 6.1.3(D)(2), where it is clear that the sidewalk will not serve its intended purpose, the requirement for installation of a sidewalk adjacent to the property being developed may be waived during site plan or plat approval. It is appropriate to defer the sidewalk installation until the time that the City otherwise determines they are needed. The waiver request was reviewed and supported by the Development Services Management Group (DSMG) and the City Engineer. The attached sidewalk deferral agreement shall run with the land and be binding on the parties' heirs, assigns and successors. The Assistant City Attorney has reviewed and approved the attached agreement as to form and sufficiency. By motion, approve the sidewalk deferral agreement for Church of God by Faith. Attachments: · Sidewalk Agreement · Location Map Prepared by: Carole Aronson, Esq. Weiner & Aronson, P.A. 102 North Swinton Ave. Delray Beach, FL 33444 RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTR THIS AGREEMENT entered into this day of , 2000, between the City of Delray Beach (hereinafter the "City") and Church of God by Faith (hereinafter the "Owners"), for the purpose of waiving the requirement of the installation of a sidewalk along Northwest 6th Avenue until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk within the right-of-way immediately abutting the subject property by the Owners prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. WITNESSETH NOW, THEREFORE, in witness of the above and in consideretion of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: 337 Northwest 6t~ Avenue, Delrey Beach Florida 33444 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the Northwest 6th Avenue right-of-way abutting the subject property, within a time period that is acceptable to the City, after being requested Page 1 of 2 to do so by the City. The sidewalk, when constructed, shaft meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of ,2000. ATTEST: CITY OF DELRAY BEACH, FLORIDA By City Clerk Approved as to form and sufficiency: Mayor City Attomey WITNESSES: (Please type or print name) (Please type or I~rin~ name) STATE OF ~'~ CJ,~ COUNTY ,..- Acknowledoed before_._me this Florida c~rporatio~, on behalf of the corporation. My commission expire~: Personally Known:..~__Produced Identification:__ Kind of identification produced: O:\CGBF007~sidewalk deferra~ agreement.wpd OWNER: CHURCH QF GOD, BY FAITH its:.~K~/,~ ' day of ~.~. , 2000 by / Sign~ur~ota~ ' No~ P~lic -State of Florida -2- ANCHOR POINT LAKE SHORE DRIVE LAKE TERR, DELRAY LAKES DRIVE RD. LAKE IDA ROAD N.W. 3RD S.D. SPADY ELEMENTARY SCHOOL N.W. 2ND ST. CARE CENTER .3RD BOY SCOUT HUT N,E, 4TH ST. CITY OF DELRAY BEACH, FL PLANNING & ZONtNG DEPARTMENT ST. MARTIN LUTHER KING JR. DRIVE CHURCH OF GOD BY FAITH MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~./t - REGULAR MEETING OF OCTOBER 3, 2000 JOINT PARTICIPATION AGREEMENT WITH PALM BEACH COUNTY/ LINTON BOULEVARD & FEDERAL HIGHWAY IMPROVEMENTS DATE: SEPTEMBER 29, 2000 This is before the City Commission to approve a joint participation and funding agreement with Palm Beach County related to the construction of intersection improvements at Linton Boulevard and Federal Highway. The County will be constructing improvements to the intersection. The City is required to make adjustments in its utilities to accommodate the road work and will pay up to $15,600.00 to Palm Beach County for the adjustments to be installed as part of the project. Funding is available from 442-5178-536-65.13 (Water & Sewer R&R - Linton Boulevard Water Main Relocation). The agreement has been reviewed and approved as to form and legal sufficiency by the City Attorney. Recommend approval of the agreement with Palm Beach County for joint participation and project funding in construction of the intersection improvements at Linton Boulevard and Federal Highway. Ref:Agmemol6.Joint Participation Agmt. PBC,Linton & Federal No. Request to bo placed on: X Regular Agenda Special Agenda __ Workshop Agenda AGENDA REQUEST Agenda Item Date: September 26, 2000 When: October 3, 2000 Description of item (who, what, where, how much): Staff requests Commission approval of a Joint Participation between the City of Delrav Beach and Palm Beach County for Utility Adjustments in connection with the Linton Blvd. and U.S. I Intersection improvements. The total amount of the Agreement is $15,600.00 and funding is available from Account # 442-5178-536-65.13, Linton Blvd. Utiliw Relocation. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the Agreement. Department head signature: ~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review~ed on all items involving expenditure of funds): Funding availabl. · .k~O -- ~ Funding alternatives (/~ Account No. & De§cription ~_.~ Account Balance ~2~o City Manager Review: ~ ApprovedHold Until:f°r agenda:/tYE/S//NO~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved U:\wwdata~Forms~AgendaReq - Joint Participation 092600.doc TO: FROM: DATE: SUBJECT: City Of Delray Beach Department of Environmental Services M E M 0 R A David T. Harden City Manager C. Danvers Beatty, P.~ Deputy Director of Pub~es September 26, 2000 Joint Participation with Palm Beach County Linton Blvd. and US 1 Intersection Improvements N D U M Attached is an Agenda Request along with a copy of the proposed Joint Participation Agreement between the City of Delray Beach and Palm Beach County for Utility adjustments related to the subject project. As outlined in the Agreement the City will provide up to $15,600.00 for a conflict manhole, valve box adjustments, manhole adjustments, etc. I have reviewed the plans and concur with the County's quantities for utility adjustments. Funding is available from Account # 442- 5178-536-65.13, Linton Blvd. Utility Relocation. Please place this item on the October 3, 2000 Agenda for consideration by City Commission. CDB~d CCi Richard Hasko, P.E., Director of Environmental Services City Clerks Office U:\wwdataWiemoXJoint Participation-092600.doc AGREEMENT BETWEEN PALM BEACH COUNTY, FLORIDA AND THE CITY OF DELRAY BEACH FOR JOINT PARTICIPATION AND PROJECT FUNDING 1N CONSTRUCTION OF LINTON BOULEVARD AND US I INTERSECTION IMPROVEMENTS PALM BEACH COUNTY, FLORIDA PALM BEACH COUNTY PROJECT NO. 94110 THIS AGREEMENT, made and entered into this day of 2000, by and between PALM BEACH COUNTY, a political subdivision in the State of Florida, herein referred to as "COUNTY" and the CITY OF DELRAY B EACH, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY ". WITNESSETH: WHEREAS, the COUNTY intends to construct improvements Linton Boulevard and U.S. Highway/4 I Intersection Improvements, hereinafter "PROJECT"; and WHEREAS, the CITY desires to construct water distribution and sanitary utility adjustments and other utility system improvements, hereinafter IMPROVEMENTS; and WHEREAS, COUNTY and CITY desire to jointly participate in the construction of the IMPROVEMENTS and the PROJECT in order to make the best use of COUNTY and CITY resources and to minimize disruption to the traveling public; and WHEREAS, Section 163.01, Florida Statutes, allows governmental units t° make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, both COUNTY and CITY declare that it is in the public interest that the "IMPROVEMENTS" be constructed with the "PROJECT"; and NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the Parties agree as follows: AGREEMENT WITH THE CITY OF DELRAY BEACH 1. The purpose of this Agreement is to clarify the panics' roles and obligations regarding procurement, construction and funding of CITY's IMPROVEMENTS to be constructed in conjunction with the PROJECT. 2. The CITY agrees to fund and pay directly to the COUNTY costs attributable to construction of the "IMPROVEMENTS" along the right-of-way of the PROJECT as outlined and shown in the Bid Documents for Palm Beach County Project # 94110. 3. Said cost for the IMPROVEMENTS is (FIFTEEN THOUSAND SIX HUNDRED AND NO CENTS) ($15,600.00), in accordance with the attached bid tabulation (Attachment "A") and summary of the IMPROVEMENTS (Attachment "B"). 4. Costs shall be adjusted upon actual contract costs at completion of the project using contract unit prices and actual constructed quantities. Said quantities being measured by the Palm Beach County Engineering and Public Works Department in conjunction with the CITY's Consulting Engineer. 5. The C1TY agrees to remit payment as set forth in Paragraphs 1 through 3 above within thirty (30) days of receiving written notice from the COUNTY that payment is required. 6. The COUNTY is to be responsible for administering the funds in accordance with this Agreement. 7. The CITY is to be responsible for, and agrees to provide or cause to be performed all inspection services during construction of the IMPROVEMENTS, including certification of the IMPROVEMENTS. 8. The COUNTY shall obtain CITY approval for any change orders which increase the cost attributable to the construction of IMPROVEMENTS in an amount greater than the contract amount as stated in Paragraph 3 of this Agreement. The CITY shall notify COUNTY of the its intent to approve or deny the change order within ten (10) working days of COUNTY's notice to CITY of the necessity for a change order relating to the IMPROVEMENTS. The CITY shall be responsible for any costs caused by the CITY's delays including but not limited to PROJECT delays. AGREEMENT WITH THE CITY OF DELP. A¥ BEACH In the event that additional IMPROVEMENTS and funding is required, for the satisfactory completion of the IMPROVEMENTS, the additional cost attributable to the construction of the IMPROVEMENTS, as outlined in the specifications for this project, is the responsibility of the ClTY. In the event of an under run attributable to said construction of the IMPROVEMENTS, the CITY will be credited the excess amount. 10. The parties to this agreement shall not be deemed to assume any liability for the negligent or wrongful acts or omissions of the other party. Nothing contained herein shall be construed as a waiver by either party of the liability limits established in Section 768.28, Florida Statutes. Liability for injury to personnel and the loss or damage of equipment shall be borne by the party employing such personnel or owning s~;h equipment. I h In the event a claim or lawsuit is brought against the COUNTY its officers, employees, servants, or agents, CITY agrees without waiver of limitation as provided for in Section 768.28, Florida Statutes, and to the extent permitted by law to indemnify and hold harmless the COUNTY, its officers, employees, servants or agents from and against any claims, losses, demands, damages, liabilities or causes of action of whatsoever kind or nature that the COUNTY, its officers, employees, servants or agents may or could sustain as a result of or emanating out of the terms and conditions contained in this Agreement whether arising out of any act, omission or fault whether active or passive of the CITY or anyone acting under its direction or control, or on its behalf in conjunction with or incidental to the performance of this Agreement. 12. In the event a claim or lawsuit is brought against the C1TY, its officers, employees, servants, or agents, COUNTY agrees without waiver of limitation as provided for in Section 768.28, Florida Statutes, and to the extent permitted by law to indemnify and hold harmless the C1TY, its officers, employees, servants or agents from and against any claims, losses, demands, damages, liabilities or causes of action of whatsoever kind or nature that the CITY, its officers, employees, servants or agents may or could sustain as a result of or emanating out of the terms and conditions contained in this Agreement whether arising out of any act, omission or fault whether active or passive of the COUNTY or anyone acting under its direction or control, or on its behalf in conjunction with or incidental to the performance of this Agreement. 3 AGREEMENT WITH THE CITY OF DELRAY BEACH 13. All provisions of this Agreement calling for the expenditure of ad valorem tax money by either COUNTY or CITY are subject to annual budgetary funding and should either Party involuntarily fail to fund any of their respective obligations pursuant to this Agreement, this Agreement may be terminated. However, once the construction of IMPROVEMENTS commences this Agreement shall be binding upon the parties and shall no longer be contingent upon the availability of funds for the proposed IMPROVEMENTS. The CITY shall not have the right to terminate this Agreement for the reason that sufficient funds are not available for the IMPROVEMENTS. Further, once the COUNTY commences construction of IMPROVEMENTS, the IMPROVEMENTS shall be prosecuted to completion, unless the CITY notifies the COUNTY in writing that further work on the IMPROVEMENTS shall cease. In that event the CITY shall be responsible lbr all costs incurred relating to the IMPROVEMENTS. 14. Any and all notices required or permitted to be given hereunder shall be deemed , received three (3) days after same are deposited in U.S. Mail sent via certified mail, return receipt i requested. All notice to the CITY shall be sent to: City of Delray Beach Environmental Services Department 434 South Swinton Avenue Delmy Beach, Fl 33444 Attn: C. Danvers Beatty, P.E. Deputy Director of Public Utilities All notice to the COUNTY shall be sent to: George T. Webb, P.E., County Engineer Engineering and Public Works Department P.O. Box 21229 West Palm Beach, FL 334i6-1229 ATTN: Roadway Production 15. Any costs or expenses, including reasonable attorney's lees, associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties provided, however, that this clause pertains only to the parties to this Agreement. 16. Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. 17. This Agreement shall be construed and governed by the laws oftbe State of AGREEMENT WITH THE CITY OF DELRAY BEACH Florida. Any and all legal action necessary to enforce this Agreement shall be held in Pahn Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereinafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. 18. The preparation of this Agreement is considered a joint effort of the parties and the resulting document shall not solely as a matter of judicial constraint be construed more severely against one of the parties than the other. 19. The COUNTY and the CiTY agree that no person shall on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status or sexual orientation be excluded from the benefits of or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. 20. In the event that any section, paragraph, sentence, clause or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect 21. This Agreement represents the entire understanding between the parties and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Agreement. AGREEMENT WITH THE CITY OF DELP. AY BEACH IN WITNESS WHEREOF, the Parties unto this Agreement have set their hands and seals on the day and date first written above. CITY OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: By:_ Chair ATTEST: ATTEST: ALISON MAC GREGOR-HARTY DOROTHY H. WILKEN CITY CLERK CLERK By: (DATE) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Deputy Clerk (DATE) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: City Attorney By: Assistant County Attorney F:W, OA D WA y La.G R M'D,94110DBU-J21:,doc ATTACHMENT "A" Z Z 0 Z~z0 zzE~ 00000~00 ~~ ...... ~~~ooooooooo ~ 0 0 0 0 0 ~ 0 ~ 0 ~ 0 0 ~ 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z m ~ZO ~0~ O0 ~< 0 0 0 0 0 0 0 0 0 0 0 mooooooooooo 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z 0 z >- 00~5 w' ..< ~>-~ ZDO OI--O PROJECT NAME: LINTON BOULEVARD AND US 1 INTERSECTION IMPROVEMENTS PROJECT NUMBER: 94110 32 ATTACHMENT "B' ITEM COMMUNITY ASPHALT, INC. QUANTITY/UNITS UNIT PRICE AMOUNT MANHOLE TYPE P7T [ Structure ~ STA. 1772 + 18, 4' RT. ] ITEM 1 EA $ 2,300.00 $ 2,300.00 ITEM SUBTOTAL $ 2,300.00 45 48 49 51 52 56 CONTINGENCY ITEMS RELOCATE WATER VALVES 1 EA VALVE SURVEY 1 LS ADJUST VALVE BOXES 9 EA SUPPORT WATER/FORCE 100 LF $ 3,000.00 $ 3,000.00 $ 500.00 $ 500.00 $ 300.00 $ 2,700.00 $ 6.00 $ 600.00 MAIN DURING CONSTRUCTI~ON ADJUST SANITARY MANHOLE 9 EA $ 600.00 $ 5,400.00 14" LIMEROCKBASE 50 SY $ 22.00 $ 1,100.00 CONTINGENCY ITEMS SUBTOTAL $ 13,300.00 GRAND TOTAL $ 15,600.00 F:\ROADWAY~AG RMTx94110DBUr-SUM.doc l MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~?.~ - REGULAR MEETING OF OCTOBER $, 2000 RESOLUTION NO. 73-00 SEPTEMBER 28, 2000 This is a resolution assessing costs for abatement action necessary to remove nuisances on thirty-four (34) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 73-00. RefiAgmemo 15.Res73-00.NuisanceAbatement RESOLUTION NO. 73-00 A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF DELRAY BEACH, FLORiDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELP. Ay BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHI~ THE CITY OF DELRAY BEACH AND PROVIDING TEAT A NOTIC~ O~ LIEN SHALL ACCOMPA/~Y THE NOTICE OF ASSESSMENT~ SETTING OUT ACTUAL COSTS I~CuKRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT ARD LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES~ PROVIDING FOR AN EFFECTIVE DATE AND FOE A DUE DATE A~D INTEREST ON ASSESSMENTS~ PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LE~ TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the liat attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances~ and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) end sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property~ and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(a) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s)~ and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the llst attached and made a part hereof and incurred costs in abating the subject nuisance{s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Reach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Reach, submitted to the City Commission .a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Reach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property o~ner(e), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAy BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Reach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall he collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mall by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Co--lesion of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty {30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney,s fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording 2 Res. No. 73-00 of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest et the rate of 8%, end collection costs including a reasonable attorney,s fee. PASSED AND ADOPTED in regular session on this the day of · 2000. MAYOR ATTEST: City Clerk Res. No. 73-00 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCF PROPERTY DESCRIPTION DELL PARK, LOTS 3 & 4, BLOCK 8, PB 8, P 56, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1012 NE 3RD AVENUE) OWNER ASSESSMENT RICHARD A. COURT, ESTATE 1525 W. 1600 NORTH iMAPLETON, UT 84664-3334 $ 48.93 ~ i$ 70.00-ADu FEE :IDGE, LOT 29, BLOCK 1. P 13, P 38, iMARIA DELA cONCEPCIoN PUBLIC RECORDS OF PALM BEACH COUNTY, FL i VILLA TOLEDO [321 STERLING AVENUE) AVENIDA PAEL PARAISO CARACAS, VENEZUELA 00038 FREDDIE M SMITH 332 NW 11TH AVENUE DELRAY BEACH, FL 33444 $ 58.93 $ 70.00 ADM.FEE $ 50.95 $ 70.00 ADM.FEE HEIGHTS OF DELRAY BEACH, LOT 26, PB 26, P 245, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 332 NW 11th AVENUE) !STATES MANGO DE PARIS, LOT 13, PB 74, P 192, PUBLIC RECORDS OF PALM BEACH COUNTY, FL NW 13th ST/LAKE DR.) Of DELRAY, LOT 3, BLOCK 47, PB 12, P 81, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (206 SW 2ND AVENUE) RIDGEWOOD HEIGHTS DELRAY, N 35 FT OF LOT 3, BLOCK D, PB 14, P 44, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1107 SW 7th AVENUE) :,JOHN R. CAHORSHAK & DOTTLE A CAHORSHAK 586 NW 45TH WAY DELRAY BEACH FL 33445 ~'ROBERT G. ALLEN & PATRICIA ALLEN ~206 SW 2ND AVENUE DELRAY BEACH, FL 33444 $ 50.95 $ 70.00 ADM. FEE $ 50.95 $ 70.00 ADM.FEE PILAR PERALES 109 SW 7TH AVENUE DELRAY BEACH, FL 33444 $ 50.95 $ 70.00 ADM. FEE 4 Res. No. 73-00 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCF RIDGEWOOD HEIGHTS DELRAY, E 41 FT OF LOT 2, BLOCK D, PB 14, P 44, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (1105 & 1/2 SW 7th AVENUE) NICHOLS 2ND ADD TO DELRAY BEACH, LOT '14, PB 21, P 10, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 304 SW 7th STREET) MADELINE S. SANTIAGO 1105 1/2 SW7TH STREET DELRAY BEACH, FL 33444 $ 40.95 $ 70.00 ADM. FEE !MOLLIE K. BOWLES - i GUARDIANSHIP PROGRAM ':OF DADE COUNTY 7950 NW 53rd STREET #301 ,MIAMI, FL 33166-7903 $ 59.95 $ 70.00 ADM FEE ',IDGEWOOD HEIGHTS DELRAY, LOTS 26 & 27, BLOCK B, PB 14, P 44, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1026 SW 7th AVENUE) FRANK L. HOWARD 3804 LATIMER DRIVE :AUSTIN, TX 78732-2204 $ 59.95 $ 70.00 ADM. FEE "STATES MANGO DE PARIS, LOT 12, PB 74, P 192, PUBLIC RECORDS OF PALM BEACH COUNTY, FL NW 13TH ST/LAKE DR. WEST) JOHN CAHORSHAK & DOTTLE A. CAHORSHAK 586NW45TH WAY DELRAY BEACH, FL33445 $ 40.95 $ 70.00 ADM FEE ;ILVER TERRACE DELRAY, N 1/2 OF LOT 9 & LOT10, BLOCK6, PB11, P61, PUBLIC RECORDS PALM BEACH COUNTY, FL 1117 MIAMIBLVD.) DOROTHY MOORE PB BOX 732 BOYNTON BEACH, FL 33425 $ 67.93 $ 70,00 'ADD. FEE ;OUTHRIDGE, LOT 15, BLOCK 7, PB 13, P 38, PUBLIC RECORDS OF PALM BEACH COUNTY, FL ~/AC EAST 631 SOUTHRIDGE RD) JAMES P. BENNETT i 9110 SOUTHMONT CV # 202 :: FORT MEYERS, FL 33908-6290 $ 50.95 $ 70.00 ADM. FEE Res. No. 73-00 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANC.~ DELL PARK, LOT 24, BLOCK 8, PB 8, P 56, LUTERS DE SARME PUBLIC RECORDS OF PALM BEACH COUNTY, FL 217 NE 10th STREET) ICGINLEY & GOSMANS SUB, LOT 58)LESs 8 FT SR R/O/W, PB 2, P 87, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 630 GEORGE BUSH BLVD) )ELL PARK, S 48 FT OF LOTS 17 TO 19, INC. BLOCK 4, PB 8, P 56, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1211 NE 2nd AVENUE) )ELRAY BEACH ESTATES, LOT 14/LESS N 20.25 FT OF W 186 FT, PB 21, P 13, PUBLIC RECORDS OF PALM BEACH COUNTY, FL VAC LOT N 2512 NORTH FEDERAL HVVY) ROPIC ISLE, LOT 52, PB 24, P 235, PUBLIC RECORDS OF PALM BEACH COUNTY, FL VAC LOT NO OF 941 TROPIC BLVD) OWN OF DELRAY, N 50 FT OF S 356.4 FT OF 135 FT OF BLOCK 24, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (322 SW 5th AVENUE) ':217 NE 10TH STREET iDELRAY BEACH, FL 33444 $ 50.95 ! ' $ ~0.00 -ABM. FEE :B & B BAKERY, INC. 5967 PATIO DRIVE BOCA RATON, FL 33433 $ 31.90 $ 70.00 ~ADM FEE !TARI A. GALBRAITH 1211 NE 2ND AVENUE iDELRAYBEACH, FL 33444 $ 40.95 $ 70.00 ADM. FEE PORTALIS PIERRE 1027 SW 4TH AVENUE DELRAY BEACH, FL 33444 $ 100.31 $ 70.00 ADM. FEE 'JoHANNEs SCHAEFER C/O ELECKTRONIC GMBH : OSTRABE 17 GAMSHURST, ACHERN 77855 GERMANY ADELENE JENKINS PO BOX 1993 DELRAY BEACH, FL 33447 59.95 70.00 ADM. FEE $ 82.85 $ 70.00 ~ADM. FEE 6 Res. No. 73-00 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCF ATLANTIC PARK GARDENS DELRAY, LOT 19 J. D. MONROE & BLOCK 2, PB 14, P 56, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (39 SW 13Tth AVENUE) ATLANTIC PARK GARDENS DELRAY, LOT 13, BLOCK 2, PB 14, P 56, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 17 SW 13th AVENUE) :IDGEWOOD HEIGHTS DELRAY, LOTS 1 & 2 LESS N 15 FT RD R/O/W, BLOCK B, PB 14, P 44, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 702 SW 10Tth STREET) ,TLANTIC GARDENS DELRAY, LOT 19, BLOCK 10, PB 14, P 63, PUBLIC RECORDS OF PALM BEACH COUNTY, FL VAC LOT NO OF 234 SW 10TH AVE) [TLANTIC GARDENS DELRAY, LOTS 2 & 3, BLOCK 9, PB 14, P 63, PUBLIC RECORDS OF PALM BEACH COUNTY, FL SW 11Tth AVENUE) OWN OF DELRAY, S 75 FTOF N 150 FTOF E 1/2 OF S 1/2, BLOCK 39, PB 11, P 34, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 230 SW 3Rrd AVENUE) EARLINE MONROE 32 EARLE STREET HARTFORD, CT 06120-1714 DAISY M. RAY P.O BOX 74 , LENOX, GA 31637-0074 i~VALENTINE GABALDON & ~321DATURA STREET i WEST PALM BEACH, FL 33401-5401 EVELYN CLINTON 605 SW 5TH AVENUE DELRAY BEACH, FL 33444 CARRIE JOHNSON cio JUANITA BECKETT 410 NW 7th AVENUE DELRAY BEACH, FL 33445 ";ROBERT L. BURNS & :ANGELA d. BURNS 2578 LAKE IDA ROAD ,DELRAY BEACH, FL 33445 $ 50.95 $ 70.00 ADM FEE $ 50.95 $ 70.00 ADM. FEE $ 50.95 $ 70.00 ADMFEE $ 50.95 $ 70.00 ADM. FEE $ 67.93 $ 70.00 ADM. FEE $ 67.93 $ 70.00 ADM. FEE 7 Res. No. 73-00 · ° COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCF IODMANNS SUB, LOT 18, BLOCK 4, PB 4, P 53, i'E. HARRISON & i=~ LUCILLE HARRISON PUBLIC RECORDS OF PALM BEACH COUNTY, FL l0 SW 13th AVENUE) Of DELRAY, LOT 5 (LESS W 5 FT RD F~/ONV) BLOCK 106, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH, COUNTY, FL 5th AVENUE) ~ 901 NORTH "F" STREET iFT. PIERCE, FL 33450-2475 ~i i MILTON MYERS POST #65 i'AMERICAN LEGION ;~PO BOX 1365 263 NE 5TH AVENUE ! DELRAY BEACH, FL 33447 50.95 70.00 'ADM. FEE $ 16325 $ 70.00 ADM.FEE IDGE, LOT 13, BLOCK 1, PB 14, P 56, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 280 REIGLE AVENUE) OUTHRIDGE, LOT 6, BLOCK 7, PB 13, P 38, PUBLIC RECORDS OF PALM BEACH COUNTY, FL DY AVENUE) !MACCl FERGAN & MC KEOWN & GAMOT, PA 174 HARBOURSIDE CIRCLE JUPITER, FL 33477-9316 DAVID M. MORANO & JOSEPH MORANO 5222 NW 98TH WAY CORAL SPRINGS, FL 33076-2640 $ 50.95 $ 70.00 ADM. FEE $ 50.95 $ 70.00 ADM. FEE '-, LOTS 17 TO 20 INC., BLOCK 1, PB 13, P 38, PUBLIC RECORDS OF PALM BEACH COUNTY, FL REIGLE AVENUE) ,,MANUEL MOREDA & ESTERVINA MOREDA ~3524 CHATELAINE BLVD. ,DELRAY BEACH, FL 33445 $ 89,93 $ 70.00 ADM. FEE ;UNSET PARK DELRAY, LOT 51, PB 12, P 65, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1015 MANGO DRIVE) iENRIQUE C. RAMOS & AMPARO RAMOS !6550 SOMERSET DRIVE i"BOCA RATON FL 33435 $ 50.95 $70.00 ADM FEE Res. No. 73-00 _COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCF SOUTHRIDGE, LOTS 14 TO 16 INC., BLOCK 1, :MANUEL MOREDA & PB 13, P 38, PUBLIC RECORDS OF PALM BEACH COUNTY, FL kVENUE) ~)OK DELRAY, LOT 12, BLOCK B, PB 11, P 47, PUBLIC RECORDS OF PALM BEACH COUNTY, FL NO. OF 207 NW 9Tth AVE) PARK GARDENS, DELRAY, LOT 16, BLOCK 1, PB 14, P 56, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 35 NW 13Tth AVENUE) ESTERVINA MOREDA 3524 CHATELAINE BLVD· ;DELRAY BEACH FL 33445 MAMIE JOHNSON 66 SULLIVAN STREET ROCHESTER, NY 14605-1233 BERTHA PALMER 35 NW 13TH AVENUE DELRAY BECH, FL 33444 $72.13 $70.00 ADM FEE $95.46 $70.00 'ADM. FEE $ 58.93 $ 70·00 'ADM FEE PARK GARDENS DELRAY, LOT 17, BLOCK1, PB14, P56, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 37NW 13th AVENUE) ERSKINE HEPBURN 126 SW 7TH AVENUE DELRAY BEACH, FL F14033444 $ 58.93 $ 70.00 ADM. FEE VIOLATION IS: SEC. 100-01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE. 9 Res· No. 73-00 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~ - REGULAR MEETING OF OCTOBER $, 2000 REVIEW OF AppF. ttlJ&BLE LAND DEVELOPMENT BOARD ACTIONS SEPTEMBER 29, 2000 Attached is the Report of Appealable Land Use Items for the period September 18t~ through September 29, 2000. It informs the Comrmssion of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. RefiApagmemo/Appealables/01.03.00 TO: THRU: FROM: SUBJECT: DA~T~RDEN, CITY MANAGER AC~TI ' LANNING AND ZONING DIRECTOR DORLING, IN ALL R MEETING OF OCTOBER 3, 2000 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS SEPTEMBER t8, 2000 THRU SEPTEMBER 29, 2000 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of September 18, 2000 through September 29, 2000. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. A. Approved (6 to 0, Morris absent), a conditional use modification to allow the installation of two microwave dish dome antennas on the existing EMS (Emergency Management Services) Telecommunications Tower at the South County Administrative Complex, located at 345 South Congress Avenue. No other appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for action. a Recommended approval (5 to 1, Bird dissenting), of a Future Land Use Map amendment from MD (Medium Density Residential 5-12 du/ac) to CF-R (Community Facilities-Recreation) and associated rezoning from RM (Medium Density Residential) to CF (Community Facilities) for the City's Tennis Facility at Laver's Delray Racquet Club, located on the west side of Jaeger Drive, between Dotterel Road and Egret Circle. City Commission Documentation Appealable Items Meeting of October 3, 2000 Page 2 Recommended approval (6 to 0), of a conditional use request to allow the use of the common recreational facilities (tennis courts) within the Laver's Delray Racquet Club Addition, located on the east side of Jaeger Drive between Dotterel Road and Egret Circle to be operated in conjunction with the City's tennis facility located to the west. Recommended approval (6 to 0), of the City initiated abandonment of four unpaved alleyways and street rights-of-way located within the Lake Ida Area. Recommended approval (6 to 0), of a conditional use request to allow an increase in the height of an existing telecommunications tower from 62 feet to 125 feet for Sprint PCS at 231 NW 18th Avenue, located on the east side of NVV 18th Avenue, approximately 860 feet north of Marty Fladell Drive. [3 Continued (5 to 1, Peltzie dissenting), the conditional use request to allow the establishment of the House of God Church, located at the northwest corner of NVV 3rd Avenue and NW 1st Street. The Board continued the item in order to further discuss the parking deficiencies. [3 Continued (6 to 0), the amendment to the Land Development Regulations Appendix "A" (Definitions), modifying the definitions of alcohol and drug abuse treatment facilities. r~ Determined (6 to 0), that the Proposed Capital Improvement Plan (CIP) is consistent with the Comprehensive Plan. 1. Approved (6 to 0, Perez-Azua absent), a request for a master sign program for Publix/Blockbuster Video located on the south side of SE 6th Avenue between the Federal Highway pairs (555 SE 5th Avenue). 2. Approved (5 to 1, Branning dissenting), a request for a master sign program for Walgreen's, located at the southwest corner of West Atlantic Avenue and South Congress Avenue (10 S. Congress Avenue). 3. Approved (6 to 0), a request for a master sign program forWalgreen's located on the south side of SE 10th Street, between the Federal Highway pairs (1015 South Federal Highway). 4. Approved (5 to 1, Sneiderman dissenting), a request to add two flat wall signs and two free standing signs for Whoal (formerly Texas State of Mind Bar-B-Que), an existing restaurant located on the west side of NE 6th Avenue, north of George Bush Boulevard (814 NE 6th Avenue). Approved (6 to 0), a request to add a free standing sign atDelray's Lost Drive-In, located on the east side of North Federal Highway, approximately 500 feet north of Allen Avenue (2001 North Federal Highway). City Commission Documentation Appealable Items Meeting of October 3, 2000 Page 3 Approved (6 to 0), a request for a color change forNational Appliance Service, an existing commercial building located on the east side of SE 5th Avenue, between SE 2na Street and SE 3r~ Street (285 SE 5th Avenue). Tabled (6 to 0), a Class I site plan modification associated with a change in the architectural elevations for the CRA Building (former Discount Auto Parts), located at the southwest corner of West Atlantic Avenue and SW 1st Avenue (104 West Atlantic Avenue). The Board requested that the applicant look at providing additional architectural features in order to improve the elevations. Approved (6 to 0), a request for an internal adjustment to reduce the side and rear yard setbacks for pools and screen enclosures for Coral Trace, a multiple family development located on the east side of Coral Trace Boulevard, approximately 1,456 feet north of Atlantic Avenue. 9. Approved with conditions (6 to 0), a Class I site plan modification associated with a change in the architectural elevations for an existing commercial building located at 162-'172 NE 2"d Avenue (Pineapple Grove Way). The Board tabled action on a request for a color change. 10. Approved (6 to 0), a Class Il site plan modification and landscape plan associated with the construction of a new bus wash bay forPalm Tran Satellite Facility located at the northwest corner of NW 1st Street and North Congress Avenue (100 North Congress Avenue). 11. Approved with conditions (6 to 0), a Class IV site plan modification, landscape plan and architectural elevation plan for Bethel Evangelical Church, located at the northeast corner of SW 8th Avenue and SW 8th Court. The proposal involved an increase in the sanctuary seating by 66 seats for a total of 270 seats, conversion of 2-single family residences to administrative and maintenance buildings and the construction of a paved and stabilized parking lot. 12. Approved with conditions (6 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 18, 597 square foot building addition at the Morton Downey Family Resource Center (aka Community Child Care Center), located at the northwest corner of NW 6th Avenue and NW 4th Street. Concurrently, the Board approved, a reduction in the parking requirement from 73 spaces to 59 spaces. 13. Approved with conditions (6 to 0), a Class V site plan, landscape plan and architectural elevation plan for Ocean Hammock, a proposed 10-unit townhome development located at the northwest corner of State Road A-1-A and Pelican Lane. Concurrently, the Board approved the following waivers: Reduced the required building separation for two-story structures from 25' to 14'. Allowed a 30" encroachment versus the required 18" maximum roof eave encroachment. Eliminated the required 5-guest parking spaces given the provision of 20 tandem spaces adjacent to the garage units. City Commission Documentation Appealable Items Meeting of October 3, 2000 Page 4 14. Approved with conditions (6 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 19,383 sq. ft. phased development for Store-Tech, a proposed contractors business, located on Tract G-l, Delray Park of Commerce on the east side of Park of Commerce Boulevard (NVV 17th Avenue) approximately 900 feet north of Fountains Way. Concurrently, the Board granted a waiver eliminating the required landscape strip along the north property line. 15. Approved with conditions (6 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the demolition of an existing gasoline station and construction of a new gasoline station with convenience store forHess Express, located on the east of Military Trail, approximately 400 feet north of Atlantic Avenue. X. Approved (5 to 0, Keller and Ames absent), a request for a Certificate of Appropriateness associated with an addition to a contributing single family residence located at t022 Nassau Street. Y. Approved with conditions (5 to 0), a Class IV site plan and architectural elevation plan associated with the construction of a 2,200 sq. ft. addition, installation of parking and landscaping for Spady Plaza, located at the northwest corner of NVV 5th Avenue and NVV lstStreet. The Board tabled the landscape plan in order to allow the applicant to revise the plan to address staff's comments. By motion, receive and file this report. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - OCTOBER 3, 2000 i IDA S.P.R.A.B.: PUBLIX & BLOCKBUSTER VIDEO 2. WALGREEN'S 3. WALGREEN'S 4. WHOA 5. DELRAY'S LOST DRIVEolN 6, NATIONAL APPLIANCE SERVICE 7. C.R.A, BUILDING 8. CORAL TRACE P.&Z.: A. SOUTHCOUNTYADMINISTRATIVE COMPLEX (EMS TOWER) LINTOH 9. f62-f72 N, E. 2ND AVE. fO. PALM TRAN ff. BETHEL EVANGELICAL CHURCH f2. MORTON DOWNEY FAMILY RESOURCE CENTER 13. OCEAN HAMMOCK 14. STORE TECH-DELRA Y PARK OF COMMERCE (G-f) f5. HESS EXPRESS H.P.B.: y. fO22 NASSAU STREET Z. SPADYPLAZA CITY OF DELRAY BEACH, FL pi ANNING & ZONING DEPARTMENT 1999 MEMORANDUM TO: David T. Harden, City .Manager THRU: Joe Weldorg Director Parks and Recreation L~pt. FROM: J. Dragon, Assistant Director Parks and Recreation Dept. DATE: September 29, 2000 SUBJECT: Children's' Services Council Grant Contract The attached agreement is to provide funding from the Children's Services Council of up to $123,502. for the Delray Beach Parks and Recreation Dept. to conduct an after-school program for Deiray Beach Elememary school students. These monies will help provide after-school recreational, educational, social services, and arts and cultural activities for 300 children. Approximately 90% of the children are "latch-key" children. The program will be housed at three sites; the Community Center, Pompey Park, and Pine Grove Elementary School for the Arts, and will include recreational activities at various City facilities as well as academic services at all sites. J. Calgon, ~f~sistant Director P~ks and lt{ecreation Dept. cc: File \hMl SRV001 ~-agon\W~VDATA~ M 18 .DOC MODIFICATION AND EXTENSION AGREEMENT This Agreement, entered into as of this 1st day of October, 2000 by and between the CHILDREN'S SERVICES COUNCIL OF pALM BEACH COUNTY, a political subdivision o£ the State of Florida (hereinafter referred to as "Council") and City of Delray Beach/Parks & Recreation Out-of-School Youth Recreation/Enrichment (hereinafter referred to as "Provider"), for the period from October 1, 2000 ("Effective Date") to September 30, 2001. WHEREAS, by Agreement dated as &October 1, 1998 (the "Original Agreement"), Provider agreed to provide certain services and Council agreed to reimburse Provider for those services in program entitled Parks & Recreation Out-of-School Youth Recreation/Enrichment, and WI~KEAS, the parties, pursuant t~ the terms of this Agreement, have decided to modify and extend the Original Agreement. WITNESSETH: IN CONSIDERATION of mutual agreements hereinafter contained, the parties intending to be legally bound hereby agree as follows: 1. The Original Agreement is hereby modified by amending parag(aph 1 thereof to read as follows: The Council agrees to reimburse to the Provider sums up to $123,502.00 for provision of services described in Exhibit "A" (consisting of the Program Evaluation Model) attached hereto and made a part hereof; composite Exhibit "B" (consisting of the Council's Budget Forms A, A1 and B submitted by Provider) attached hereto and made a part hereof; and Exhibit "C" (consisting of the Program Data Form) attached hereto and made a part hereof. It is expressly understood and agreed, by and between the parties, that the services to be rendered hereunder by the Provider shall be provided in compliance with all terms and conditions set forth in the Exhibits "A", "B", and "C" and with the Conditions of Award attached hereto and made a part hereof as Exhibit "D", as well as the terms and conditions of this document. The attached Exhibits to this Agreement shall control over any inconsistent provisions in the Exhibits attached to the Original Agreement. 2. The Original Agreement is hereby modified by amending paragraph 14 thereof to read as follows: 14. Payments for services rendered pursuant to this Agreement shall be made to the Provider monthly on a reimbursement basis. Provider shall submit an invoice to the Council by the 10th day of each month following the month in which the services Contract #: 00-104 Governmental Extension Agreement - Original 1999 Page: 2 were provided. The invoice will include documentation reflecting all expenditures made by the Provider under this Agreement, in whatever form reasonably required by Council. Subject to the availability o£ funds, the Council will provide reimbursement to the Provider within 45 days a~er receipt of the invoice. Provider shall submit a final invoice to the Council no later than October 31, 2001 (with appropriate documentation). The Council will not reimburse Provider for any expenditures made by Provider under this Agreement that are submitted after October 31, 2001. 3. Except as otherwise modified herein, the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the part~.ies have caused this Agreement to be executed by their undersigned duly authorized representatives. City of Delray Beach BY: Print Name Print Title DATE: Children's Services Council of Palm Beach County BY: Gaetana D. Ebbole, Executive Director DATE: Approved As To Form & Legal Sufficiency BY: Thomas A. Sheehan, III Attorney for Children's Services Council of Palm Beach County F:\WORDk2000-2001 Funding Process\GOV1EXT - original 1999.doc 09/12/00 12:37 PM Exhibit "A" 1. Program Evaluation Model 8 0 Exhibit "B" 1. Form A: 2. Form A-l: 3. Form B: Program Budget Narrative Personnel Budget Narrative Program Budget by Funding Source ~.LU W ~0 E O0 O~ .~- I- uJ rnW ~0 O~ nz .= ~ E E ~ Z Z ~ E ILl O0 O~ 0.-z 7 0 L1 E .-. E Exhibit "C" 1. Program Data Form C 2000-2001 BASE PROGRAM APPLICATION INFORMATION PROGRAM FORM C Agency Funded Agency Name: Delra¥ Beach Parks and Recreation by CSC Since: Program Funded Program Name: Out-Of-School Pro~lram by CSC Since: 1988-89 PROGRAM INFORMATION Enter the number of either (1) children &/or adults; or, (2) the number of families served for pnmary &Jor outreach services: Children .&/or Adults or Families Primary 300 D?ily .... Outreach -'- '120 daily for B-week summer ~mp A primary client is one that receives direct service more than once. An outreach client is one that receives a presentation or screening one time only. What are the ages of the Check the geographic area(s) in Palm Beach County you wilJ serve. clients you will serve.'? Please List Cities 0 - 3 Check (if Known) 3 - 5 North(45th St to Martin County Line) 5 - 11 X South(Hypoluxo to Broward Cnty Line) x Delra¥ Beach 12 - 18 Central(45th St to LantanalHypoluxo) Adult West Cenral(Wellington and/or Royal Ail of the Palm Beach) ~bove West(West of 20-mile Bend) Ali of the Above How many employees will this program have? How many employees will be funded by CSC? Full Time 2 Full Time 1 Part Time 28 Part Time 9 Number of Volunteers(Non-Paid): 9 FISCAL. INFORMATION 1999-2000 2000-2001 $ % CONTRACT BUDGET CHANGE CHANGE ~ROGRAM ~ 15435,684 CSC % of Program Budget - 35.7-----'~'/o AGENCY ¥oO [ d -------------------- lC°st per client(propose ) ~ $1,089,21 . -°/° For CSC Use Only: __ justed) Exhibit "D" 1. Conditions of Award CONTRACT 00-104 AGENCY: City of Delray Beach Parks & Recreation Department PROGRAM: Out-of-School Youth Recreation/Enrichment CONDITIONS OF AWARD I. PROGRAMMATIC A. Issues or information to be furnished or resolved within sixty (60) days of execution of contract: N/A B. Conditions to be observed throughout contract: The program is to serve latchkey children who are of elementary-school age. Latchkey children are defined as having parents or guardians who work or who are otherwise not regularly available to provide supervision during out-of-school hours; i.e., 3:00 to 6:00 PM, summer, school holidays, and partial days. Representatives of all programs receiving funding through the Children's Services Council 1998-99 RFP will become members in good standing of the Palm Beach County Out-of-School Consortium. 3. A designated provider representative(s) will attend and participate in monthly provider meetings which are held by the Council's staff. All staff funded through the Children's Services Council who have direct contact with children must complete ten hours of annual in-service training in Developmentally Appropriate Practices. This is in addition to the training required by licensing. Providers receiving funding from CSC need to have a Disaster Plan in place to protect staff, and property, and to ensure the program's ability to continue essential functions for the community. Programs funded through CSC will make every effort to obtain staff that have the cultural competence and language skills to work successfully in the community with the population being served. 7. AI~ staff working in CSC funded programs are to follow the child abuse reporting requirements under Florida law. F:WORD/2000-2001 Funding Process/CONYD 104 08/23/00 2:17 PM CONTRACT 00-104 AGENCY: City of Delray Beach Parks & Recreation Department PROGRAM: Out-of-School Youth Recreation/Enrichment I1. FISCAL A. Issues or information to be furnished or resolved within sixty (60) days of execution of contract. N/A Conditions to be observed throughout contract. 1. To encourage parents and clients to be responsible partners, Provider agrees to require a minimum fee-for services according to one or more of the following standards. a. Department of Children and Families Subsidized Child Care Parent Fee Schedule or, b. Department of Children and Families Parent Fee Schedule with modifications to the daily rate, which are approved in writing by the Council staff or, c. A sliding fee scale in a format approved, in writing, by the Council staff. 2. If any fees are generated by the Council's funded program in excess of the amount budgeted, the Provider will notify the Council staff of the excess revenues and plans to expend such fees. The Provider agrees to prioritize the use of excess fees in the following order: a. Increase the number of ctients attending the program within licensed capacity. b. Purchase those items which would be considered "enhancements" to the service being provided in order to improve the quality of the program. c. Reduce the Council's funding by the amount of the excess fees received. 3. All fees generated by the Council funded program will be recorded in a separate revenue account. F:WORD/2000-2001 Funding Process/COA/YD 104 08123/00 2:17 PM AGE~DAITEM NUMBER: AGENDA REQUEST Request to be placed on: Date: September 29, 2000 X Consent Agenda Special Agenda __ When: October 3 , 2000 Description of agenda item: Request City Commission's approval for the Children's Services Council Grant in the amount of $123,502. The purpose of the grant is to help fund the Parks and Recreation After School Program for 300 children. ORDINANCE/RESOLUTION REQUIRED: Draft of resolution Recommendation: Approve YES __ __ NO __ X__ Attached: YES NO X__ h e V~eldor~bir~ctor of I:~(r~s and Recreation Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: ~) Hold Until: Agenda Coordinator Review: Received: Action: Approved No Disapproved P.O. # MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ff'~ AGENDA ITEM ~,fl~ -' REGULAR MEETING OF OCTOBER 3. 2000 AWARD OF BIDS AND CONTRACTS DATE: SEPTEMBER 29, 2000 Note: The bid opening for #7 took place late on Friday. We will not have the complete back-up package ready for distribution with the rest of the agenda. It will be provided to you on Monday, October 2"d. This is before the City Commission to approve the award of the following bids and contracts: Purchase award in the amount of $21,037.00 to Data Flow Systems, sole source provider, for the purchase of telemetry components to be used to facilitate the upgrading of systems at the Water Treatment Plant, with funding from 441-5143-536-46.20 (Water Maintenance - Equipment Maintenance). Contract award in the amount of $885,208.00 to Sonic Engineering, Inc. for construction of the Southridge Road/Sunset Avenue/Albatross Road area infrastructure improvements project. This is a 2000 Roadway Bond Program project, with funding in the amount of $576,390.00 from 370-3162-541- 65.46 (2000 Roadway Bond Program), $110,280.00 from 448-5470-538-65.46 (Stormwater Util/ty Fund), and $198,538.00 from 441-5161-536-65.46 (Water & Sewer New Capital). Purchase award at an est/mated annual cost of $31,865.00 to Vulcan Performance Chemicals, sole source provider, for the furnishing and del/very of hydrogen peroxide for odor and corrosion control for the City's wastewater system, with funding from 441-5144-536-52.21 (Lift Station Maintenance - Chemicals). Approval of payment in the amount of $16,130.25 to Florida Detroit Diesel for emergency repairs to Fire Apparatus Track #9232, with funding from 501-3311~591-52.52 (Garage/Vehicle Maintenance - Outside Service). Bid award in the amount of $13,572.00 to Kim's Florida Garden for the annual landscape maintenance contract for South Federal Highway and Congress Avenue, with funding from 119-4144-572-46.40 (Beautification Maintenance). Contract renewal with Focus Camera, via City of Boca Raton bid, for the purchase of various film and photographic supplies at an estimated annual cost of $17,216.59, with funding from various departmental operating budgets (line item 34.70 - Photo/Microfilm). 7. Bid award for tendis court rehabilitation at the Delray Swim and Tennis Club. The apparent low bid is from Calico Racquet Courts at $81,634.00. Recommend approval of the bid and purchase awards listed above. RefiBid. AgmemoA 0.03.00 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden City Manager FROM: DATE: SUBJECT: C. Danvers Beatty, P.E./~7~ Deputy Director of P.~v~re-tgtfffties September 27, 2000 Upgrade of Telemetry Components Water Treatment Plant Attached is an Agenda Request along with a quote for purchase of telemetry components used to construct signal transmitting units, which transmit via fiber optic cable and will replace the existing radio units. This will eliminate radio transmitting interruptions and improve the speed and efficiency of the Plant operating capabilities. The components will be purchased from Data Flow Systems, Inc. which is the soul source provider for our telemetry equipment. This item was approved in the Water Maintenance 2000/2001 Operating Budget. The total amount of this purchase is $21,037.00. Funding will be from Account # 441-5143-536-46.20, Equipment Maintenance. Please place this item on the October 3, 2000 Agenda for consideration by City Commission. CDB/pd CCi Richard Hasko, P.E., Director of Environmental Services City Clerks Office Bob Bullard, Manager of Maintenance Agenda File \\essrv002\davis\wwdataWlemo\Upgrade of Telemit~y-092700.do¢ Sent b~ the Award Winning Cheyenne Bitware Data Flow System, Inc. September 15, 2000 Quote No. 000915-01-dw Mr. Clayton Gilbert City of Delray Beach Fax: 561-243-7344 Re: Network RTU Project Dear Mr. Gilbert: My associate, Damian Madigan, asked me to fax you pricing information regarding the Network RTU Project. I've also included an option for one day of on-site assistance in getting the first unit completed. This quotation includes, and is limited to, the following: 12 NETWORK RTUs (12) Network Interface Module (NLM001) (1,338.00 ea.) (12) Media Converter (ATMC13) (185.00 ea.) 16,056.00 2,220.00 NETVVORK INTERFACE EQUIPMENT (rack not included) (1) Rack Mount, 12 Port, Media Converter (ATMCF12ST) (1) Rack Mount, 8 Port, Media 10/100 Switch (ATMCFS708) (1) Media Converter (ATMC13) 2,226.00 150.00 185.00 · LAPTOP INTERFACE EQUIPMENT (1) Hawking Switch (404ES) Carded with laptop, and used to interface with Network RTUs · ON-SITE ASSISTANCE (OPTIONAL) (1) One Day, on-site assistance in getting the first RTU completed 200.00 Prices do not include shipping or installation charges. Lead times are still being discussed. Payment terms are Net 30. This quote will be honored for 90 days. Data Flow Systems, Inc. · 659 Eau Gallic Blvd. · Melbourne. Florida 3.9)5 · PH:(407) 259-5D09 · FAX(407)2594006 Sent~by the Award Winning Cheyenne Bitware Should you have any questions or comments regarding this quotation, please contact Damian Madigan at 321-259-5009. Sincerely, Data Flow Systems, Inc. David S. Walker Jr. Sales Manager cc: Damian Madigan, DFS cus~ekay~gi000915~uo Data Flow Systems, Inc · 659 Eau C, alli¢ Blvd. · Melbourne, Florida 32935 · pH:(407) 259-5009 · FAX(407)259-4006 AGENDA REQUEST No. Request to be placed on: X Regular Agenda Special Agenda __ Workshop Agenda Agenda Item ~', 0~. I . Date: September 26, 2000 When: October 3~ 2000 Description of item (who, what, where, how much): Staffrequests Commission award a purchase order to Data Flow System, Inc. in the amount of $21,037.00 for purchase of electrical components used to construct signal transmitting units which will be installed at the Water Treatment Plant. The new units will replace the existing radio units with fiber optic cable and will eliminate radio transmitting interruptions. Funding is available from Operating Account # 441-5143-536-46.20, Equipment Maintenance. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of the purchase order to Data Flow Systems, Inc. in the amount of $21,037.00. (~ t~ ~ ~ Department head signature: -.~ ' --. v Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable):_ Budget Director Review ~d on all items involving expenditure of funds): -- Funding available.~'F~b/NO .... ~ ~ . . --~ ~t At '$'tA(1O~L~' 'ifa licable' /~A] Fundmgaltematlves ~ ~ ~ . . ~ t PP , ,) ~ /[~ Account No. & Description Account Balance ~ ~Z~i~qB ~ / ciW Manager Review: Agenda CoordinatorReview: Received: Placed on Agenda: Action: Approved/Disapproved U:\wwdat aheonns~AgendaReq - Data Flow System 092600.do¢ DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER THRU: FROM: RANDAL KREJCAREK, P.E. CITY ENGINEER WILLIAM A. GRIEVE, E.I., CIVIL ENGINEER DATE: SEPTEMBER 26, 2000 SUBJECT: 2000 ROADWAY BOND PROGRAMS SOUTHRIDGE ROAD/SUNSET AVENUE/ALBATROSS ROAD INFRASTURTURE IMPROVEMENTS PROJECT #2000-045 AGENDA REQUEST Please find enclosed the agenda request for Commission to award the 2000 ROADWAY BOND PROGRAMS - SOUTHRIDGE ROAD/SUNSET AVENUE/ALBATROSS ROAD INFRASTURTURE IMPROVEMENTS project contract. The fumishing and installation of potable water distribution mains and services, sanitary sewer collection system mains and laterals, asphaltic concrete pavement, concrete sidewalk, curbs and gutters, stormwater drainage improvements, driveways, landscaping restorations, and associated miscellaneous improvements. Attached is the bid tabulation and location map for the referenced project. The lowest responsible, responsive bidder for this project was Sonic Engineering, Inc. with a bid of $885,208.00. Funding Source Account Number CUrrent Balance Contract 2000 Roadway Bond Program Storm Water Utility Fund Water & Sewer New Capital 370-3162-541-65.48 448-5470-538-65.48 441-5161-536-65.46 $1,113,549.00 $576,390.00 $745,304.00 $110,280.00 $198,538.00 $198,538.00 Total $885,208.00 (Budget transfer for utility account attached) If acceptable, please place this item on the October 3, 2000 commission meeting for Commission approval. Attachment CC: Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director file: 2000-045 (A) file:slengadmin1200012000-O451contractlagmemo.doc ClTY of DELRAY BEACH ENVIRONMENTAL SERVICES DEPARTMENT ' 888 888 88 88 888 88 8 88 !88 ~ 8 ~ $ 8 888 888 88 88 8 888 888 88 888 888 88 8888888!8888818888888888888!8888!8 ......... d d ~ ~ ~ d ~ ~1 · ~ dd ..... 888 R ~ 88 ~ 88 ~ 8 ~ 888 ~ ~ ~ 8 ~ 8 ~ ~ ~ 88888 ~ 6'~6 ~''~'~6 ........ 66; § § ~88~88~ 8888 ~ 888 ~ ~ o ~ o o o o o 8 8 8 8 8 8 8 8 8 8 88 8 8 8 8 8 8 ~ ~ 8 8 8 8 8 8 8 888 ~ 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 ~ 8 8 8 8 8 8 ~ ° °° § ooo 88 ~ 8 q 88 ~ 88888888 ~g 8 8 8 8 8 8 8 8 ~ ~ ~ 8 8 ~ 8 ~ ~ ~ ~ 8 8 8 ~ 8 ~ 88 888 ~ 8888~ 8888888888! 88888888! 888888 888888888888888888888888888 ~ 8 8 8 8 ~ ~ 8 8 8 8 8' 8 8 8 8 8 88 8 8 8 8 8 8 8 ~ ~ 8' 8 8 8 8 8 ~ 8 8 8 8 8 8 8 8 8 8 ~,8 8 ~ 8 8 8 8 8 8 8 8 8888888888888888888888888888 888 ~'~ ~ 888888 ~ 888888888888 8 888 ~ ~ ° 8888888888888888888888 88888 ~ 8888888888188 $ 8 $ ~ 88888. o Agenda Item No.:..&'. ~ ~ - AGENDA REQUEST DATE: September 26, 2000 Request to be placed on __ __ Regular Agenda Special Agenda __ Workshop Agenda When: October 3, 2000 Description of item (who, what, where, how much) Award of the contract to Sonic Engineering, Inc. in ,the amount of $885,208.00 for the 2000 ROADWAY BOND PROGRAMS - SOUTHRIDGE ROAD/SUNSET AVENUE/ALBATROSS ROAD INFRASTURTURE IMPROVEMENTS Project, Project #2000-045. The funding for this project will be provided from the following account: Funding Source Account Number Current Balance Contract 2000 Roadway Bond Program Storm Water Utility Fund Water & Sewer New Capital 370-3162-541-65.4~ 448-5470-538-65.4~ 441-5161-536-65.46 $1,113,549.00 $576,390.00 $745,304.00 $110,280.00 $198,538.00 $198,538.00 Total $885,208.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFTA'I-]'ACHED YES/NO Recommendation: Staff recommends award of Project No. 2000-045, 2000 ROADWAY BOND PROGRAMS - SOUTHRIDGE ROAD/SUNSET AVENUE/ALBATROSS ROAD INFRASTURTURE IMPROVEMENTS P.m~ct to Sonic Engineering, Inc,,wlth"a bid in the amount of $885,208.00. sD~Pnaa?umreent Head /,~ "~/~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): AA unding available(~NO' unding alternative______ (if applicable) ccount No. & Description see table above ccount Balance seeta~ City Manager Review: ~N ~,t~ Approved for agenda: O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2000-045(A) projects/2000-045/cont ract/agenda .doc MEMORANDUM TO: FROM: THROUGH: David T. Harden, City Manager Jacklyn Rooney, Purchasing Superviso~( Joseph Sa~nance Director DATE: September 28, 2000 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEET1NG OCTOBER 03, 2000 - PURCHASE AWARD FURNISH AND DELIVERY OF HYDROGEN PEROXIDE SOLE SOURCE PURCHASE Item Before Commission: City Commission is requested to approve the purchase of hydrogen peroxide bulk product and maintenance of injection equipment for odor and corrosion control for the City's wastewater system from Vulcan Performance Chemicals at an estimated annual cost of $31,865. Background: Vulcan Performance Chemicals is our current vendor who the supplies hydrogen peroxide and maintenance to Lift Station #14 at the City of Delray Beach per previous bidding procedures. The Deputy Director of Public Utilities has made several attempts to obtain pricing from other vendors but was unsuccessful as they could only supply an alternate product. Vulcan Performance Chemicals has agreed to extend their current prices and service with the City of Delray Beach at a unit cost of $150 per month for maintenance of the injection equipment and $0.405 per pound of 50% hydrogen peroxide. See attached memo dated July 28, 2000. The Deputy Director of Public Utilities recommends award to Vulcan Performance Chemcials for the furnishing and delivery of hydrogen peroxide and maintenance of the injection equipment for an estimated annual cost of $31,865. See attached memo dated September 26, 2000. Recommendation: Staff recommends award to Vulcan Performance Chemicals for the purchase of bulk hydrogen peroxide at an estimated annual cost of $31,865. Funding from account code 441-5144-536- 52.21 (fiscal year 2000 - 2001). Attachments: Memo From Deputy Director Public Utilities Memo From Vulcan Performance Chemicals City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: Jackie Rooney Senior Buyer C. Danvers Beatty, P.~ Deputy Director of Putlli~ffffiies September 26, 2000 Purchase of Hydrogen Peroxide RECEIVED Attached is a letter from Vulcan Chemical Technologies, Inc. for the purchase of hydrogen peroxide bulk product, maintenance of injection equipment at Lift Station 14. Vulcan Chemicals is our current supplier of hydrogen peroxide. This proposal is for a one-year period (October 1, 2000 - September 30, 2001) at the rate of $150.00 per month for maintenance of the injection equipment and $0.405/pound of 50% hydrogen peroxide. We currently inject approximately 73,000 pounds of hydrogen peroxide per year at Lift Station 14. Based on past usage, the total contract amount is $31,865.00 and funding is from Account #441-5144-536-52.21, Lift Station Chemicals. CDB/pd cc: Bob Bullard, Manager of Maintenance \\essrv002\d avis\wwd ataWlemo~Purch ase of Hydrogen peroxide-092600.doc · 07/2'7/00 THU 12:50 FAX 4074267178 VPC - ORLANDO ~002 Uulmfl Performance Chemica~ July 28, 2000 Jacklyn Rooney Purchasing Supervisor City of Delra~y Beach 100 N W. 1=Ave. Delray Beach, Florida 33~~. Dear Ms. Rooney: Vulcan Performance Chemicals (VCP) offers this letter of extension for the existing contract with the City of Delray Beach. Our understanding is that the City would like to renew the contract for chemical, equipment, and services for the dosing unit at LS #14 for another year. VCP will extend the current contract for another year at the same terms, price, and conditions. If you have any questions or I may be of any further assistance please do not hesitate to call me at 1-800-749-7376. Sincerely, Bill Stratton VCP Account Manager AGENDA ITEM NUMBER: ~" ~ 3 AGENDA REQUEST Request to be placed on: October 03, 2000 Date: September 29, 2000 __ Workshop Agenda XX Consent Agenda __ Special Agenda When: Description of agenda item: Purchase award for the furnishing and delivery of hydrogen peroxide for odor and corrosion control for the City's wastewater system from Vulcan Performance Chemicals at an estimated annual cost of $31,865 as a sole source purchase. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: Award to Vulcan Performance Chemicals for the purchase of hydrogen peroxide at an estimated annual cost of $31,865. Funding from account code 441-5144-536-52.21 (Fiscal year 2000-2001) City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all ~.~inv~,lvi~lg expenditure of funds): °° Funding available: Yes ~ No Funding alternatives: Account Number: Account Description: Account Balance~-~0i~) (if applicable) City Manager Review: Approved for agenda: Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: FROM: THROUGH: DATE: David Harden, City Manager Jacklyn Rooney, Purchasing Supervisor Joseph S~ance Director September 28, 2000 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING OCTOBER 03, 2000 - EMERGENCY REPAIRS FOR FIRE TRUCK - VEHICLE #9232 -FLORIDA DETROIT DIESEL Item Before Commission: City Commission is requested to approve the payment of $16,130.25 to Florida Detroit Diesel for the emergency repairs on Fire Truck Vehicle #9232. Background: The Fire apparatus vehicle #9232 had an engine failure. repair from an outside vendor. This failure warranted an emergency The Central Garage requested quotes from local vendors for these repairs to be done immediately. Quotes were received from two vendors as follows (copies of quotes attached): Florida Detroit Diesel RPM Diesel Engine Company $16,130.25 $19,500.00 The Central Garage sent this vehicle to Florida Detroit Diesel immediately for repairs. See attached memo dated September 25, 2000 from the Fleet Maintenance Superintendent. Repairs approved by Assistant City Manager September 26, 2000 (see attached memo to Purchasing dated September 26, 2000). Recommendation: Purchasing staff recommends the approval for the emergency repairs with Florida Detroit Diesel for a total amount of $16,130.25. Funding from account code 501-3311-591-52.52. Attachments: Memo From Assistant City Manager Memo From Fleet Maintenance Superintendent Quotes Received i ~ zz O0 ~ <-~ ~ 0 z< ~ ~ ~ ~ 0 · ~ Z~ ~~ w ~ ~w ~z~ ~z~ .O~D~Z~ w~ ~Z SEP--28--00 0~ :46 PM BELRA¥ CENTRAL GARAGE FROM : FDDA ADt'1iN PHONE NO. : 31~5~S71500 Fc~, L~? 2000,t2:3iPf'l P2 Esrim ate of Repairs OCAL& Customer: Cityo£De[ra~'Bcach Fire Address: 100 N.W. Is~ Avenue City: D~lray Beach State: . Person rl'O Contact; Mans Telephone ¢: (561) 272-5366 Job Location: F.D.D.A.~ Miami F1 Zip Code: Fax #: Date: 02/07/00 33444 Equipment Make: Detroit Diesel Engine bi/N: N/A Engine S/N: 6V92 FDD-:X, will per fnrm an engine evaluation, which consists ofa complcl~, cngioc tear down and mspechon of alt ccm~ponents Quote pricing includes: · Intrame ovsrlaau] to include parts listed (See attached list) All parts used will be new gezuumc De,roil Diesel and p, eliabitt parts. ** · Assembly will bc done to DDt specifications. · Engines will be dyno tested to confirm horsepower output · Painted and prepared for shipping. **Engint; will carry six months wata-anty on t~ew parts and a one 3, ear warranty o1'~ Rcliabilt Estimated Labor: _$7~$00.00 Parts/Misc/Frcight: _ $7,521.35 5%Enviroumcntah $375.00 Sub Tolal: $15,396.35 Tax: $844.81 Total: $16, 241. l 6 In quoting we assume the major caslings to bc sound and reusable. D,'m~aged castings found upon Disassembly an.d inspectiorl will be replaced at Addilional charge. Customer Signature: Purchase Order: SE.P--28--00 03:45 PM ]~ELRAY CENTRAL GARAGE FRO~I : FDDA ADH[N PHONE NO. : ~56~15t~ ,FLORIDA ,,,,, DETROIT DIESEL-ALLISON 561 272 5~66 P. 04 ~'~_~. ~? 2000 12:'~2PM P~ ESTIMWTE OF REPAIRS (CONTINUATION) Engine will I)e rebuilt using the folluwing: All necessary new gaskets I~.od and main bearings Ne,v cylinder kils Al! ttcu, sc,~!s, including fl'{mt and rear crankshaft seals Reliabill components to illclude: Tulbo Cylinder hr:ad s End heari~gs SEP--28--00 0~:4~ PM DELRAY CENTRAL GARAGE 561 2?2 5366 P. 01 dUL -05' 00i~/'EDI 16 22 RP~! DIESEL P, 001 inlESEI. ENGINE Authorized OEI'FIOIT July 5, 2000 ('it> of Deh~y Beach Attn' Kevin Rummell Ph I 5to1~243-7332 Fi 1-561-272-5366 R.e: Deuoit Diesel 6Vq2] A Overi~aul Model. 8067 ?B45 Dear X.h Rummell RPM Diesel Eugine Co Inc, bei~lg fty licensed and insmed, will prvvidc al! labor anti matexial to a¢.complid~ di~a~scmbl3,, cleaning and exanfination of below lisled componeng and rca~¢ntbi¢ to ttactcu2,, specificatio0s usi~ig genuine new Delroit Diesel l)arL, and lzaelOly Re!iabilt COItll)Ollcrlt3 consisti ng of the following C-~ask el Kils Cylindcr Kits Pistons, Rings and Line~ s Co~mccting Rod Bca~ings. Cum~ccLing Rod Nut~ and Boils Clean ~d Te~t Booster Cooler Reliabilt Exchange Cylinde~ H~ad~ Retiab[lI F~csh Watu~ Pump R~liabilt Blower Assemblie Reliabilt Turbochmgcr~ Fuel I. il~er s Prim~ ~ and Secunda~ Pressure Test C~ol~g System Reliablh Fuel Pump Assembly Thcrmosl'ti's and Seal~-. Oil Pan Gasket Flush ILadiator Replace Main Beau iags Clean ~d Test ~ercooler Replace IQector~cliablh Oil Filtc~ s Fresh Water Ho~es, Clamps and Filtlng~ Cormccl DDEC S3 bt¢ms Oil 4(lWI Nalcool / Po we~ Cool Tune*Up Engin, Miscellm~eous: Gaskets, Zinc.;, Sea, Is. Nuts and Bolts, Sealant. Cleaner, Aero~ol Paint. Etc TOT. AL ES T12v_!ATED.PAR_T_S P~iee Does Not hiclude Florida State Sales 16:23 TEL:!i54 585-"93c~ Pal3¢ 2 TEbUvlS. 50% ~_ epo~tt reqt ired,before repair~ c~n be stud. ed with the balance due upon 13hal billi i~. al which time ali factoiy w. aH'anties will begin .~ This e,llmale include, all pa~ts arid labo~ For a complete inflame overhaul as defined above. All work will be performed by an Authorked Detroit Diesel ~acio~. Certified Techrtician usin;~ genuine new Detroit DicscI an~ Facto~ Reliabih paa~ ca~.ing a Full Facto~ Wa~ant~ coasi~ting of aH pails used ~,d,[labor fu~ a period of six (6) n~t, nths ~ith the exception 0f Reliubilt pail~ used of winch cm'~[es a full one (1) yem' warran[y covering part, and labor. This e~timlttc due~ not include any c~stings that may be cracked or broken includin.~ housings, cra~sha~, camshafts, exhaust m~nifold~, rotating gear assemblies, power train and/or any core ch~'gcs lhat may be appllcab}e Bob .x,~.yer s Public Rclaliu~ Xlike Dcsderio Service N. lar'.age/ Sigaed Dat~, AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: October 03, 2000 Date: September 28, 2000 Special Agenda __ Workshop Agenda XX Consent Agenda When: Description of agenda item: Approval of payment to Florida Detroit Diesel for the emergency repairs to Fire Apparatus Truck Vehicle #9232 for a total amount of $16,130.25. ORDINANCE/RESOLUTiON REQUIRED: YES Draft Attached: YES NO NO Recommendation: Approval for payment to Florida Detroit Diesel for the total amount of $16,130.25 for emergency repairs to fire truck. Funding from 501-3311-591-52.52. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes No ~'/ L.~ _~ ~'"2.~/ No Funding alternatives: Account Number: ._~'ot- Account Description: Account Balance: ~ City Manager Review: Approved f°r agenda: ~ Hold Until: Agenda Coordinator Review: Received: (if applicable) Action: Approved Disapproved DELRAY BEACH Pa&s 6 Recrehi on MEMORANDUM TO: FROM: SUBJECT: DATE: Jackie Rooney, Purchasing Joe Weldon, Director of Parks and Recreation BID # 2000-42 LANDSCAPE MAINTENANCE SOUTH FEDERAL HIGHWAY AND CONGRESS AVENUE September 28, 2000 Attached please find a spreadsheet for the Landscape maintenance of South Federal Highway and Congress Avenue. Ten (10) vendors bid and we are recommending award to the Iow bidder. Kim's Flodda Garden in the amount of $13,572. His equipment and references were okay. Cc; Barbara Garito - City Clerks Office Tim Simmons - Parks Superintendent File JW:giv AttJ U:\WWDATA~BID AWARD-BID # 2000-42 -- B.DOC 09/28/00 5:06 PM 5O Northwest 1st Avenue · Delray Beach, Florida (561) 243- 7250 · Fax: (561) 243-7268 33444 AGENDA ITEM NUMBER: AGENDA~ Request to be placed on: Consent Agenda -- When: Se tember 2000 Date: September 28, 2000. Special Agenda Workshop Aqenda Description of agenda item: BID # 2000-42 LANDSCAPE MAINTENANCE - SOUTH FEDERAL HIGHWAY AND CONGRESS AVENUE Recommend bid be awarded to Iow bidder, Kim's Florida Garden, in the amount of $13,572. ORDINANCE/RESOLUTION REQUIRED: YES NO.__ __ Draft of resolution Attached: YES NO Recommendation: Approve Department Head S gnature:Determination ~N I~ n~ ~ ~ ~-n-~ i~e- P'I a n ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on ali items involving expenditure of funds): Funding available: Yes. V~ No Funding alternatives: Account Description: Account Balance: City Manager Review: Approved for agenda:~ Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved P.O.# MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David T. Harden, City Manager Jacklyn Rooney, Purchasing Supervisor Joseph Sa~ance Director September 29, 2000 DOCUMENTATION - CTIY COMMISSION MEETING OCTOBER 03, 2000 - CONTRACT RENEWAL FURNISH AND DELIVERY OF PHOTOGAPHIC SUPPLIES VIA CITY OF BOCA RATON BID #98-110 Item Before Commission: The City Commission is requested to approve the contract renewal with Focus Camera for the purchase of photographic supplies at an estimated annual cost of $17,216.59 via the City of Boca Raton Bid #98-110. Background: The City of Boca Raton is the lead agency for this joint bid with the City of Delray Beach which was approved in 1998 by the City of Delray Beach Commission, at an estimated annual cost of $17,216.59. These items are required from various departments on an "as needed basis" and the most commonly used items are stored in the Purchasing Warehouse. The City of Boca Raton has extended this contract for another year. This renewal was awarded at their council meeting of September 26, 2000. See attached Council Approval Procurement Recommendation from City of Boca Raton. Recommendation: Purchasing staff recommends the contract renewal with Focus Camera Inc. for a total estimated annual usage of $17,216.59. Funding from various departments 2000-2001 operating budget. Attachments: City of Boca Raton Council Agenda PURCHRSING BOC[q RRTON Fax:56] 393-?983 Sap 28 '00 12:33 COUNCIL APPROVAL PROCUREMENT RECOMMENDATION TARGET AGENDA DATE: September 26, 2000 P. O1 Subject: Photographic Supplies - Renewal, Bid Number: 98-110 Department: City Wide Procurement Method: Sealed Bid Previous Council Award: October 13, 1999 Council Action No.: 03-C-01 50 Bids Solicited 0 No-Bids 6 Responses Award Amount: $24,700 Contract Term: One year .with City's option to renew annually subject to appropriation of funds not to exceed a maximum of two, one year renewals. This is renewal option number two with no increases to the unit pricing. Award to: Low Responsive Responsible Bidder, Focus Camera, Inc., Brooklyn, New York Scope: This procurement provides for vadous types of film to be ordered on an as needed basis throughout the contract period. '[he film will be utilized by the Crime Lab of Police Services and various departments throughout the City. Approvals: ~.1 Buyer: /~ Sr. Buyer: Purchasing Manager: ~ Financial Services Director: OMB Director: Assistant City Manager: Funding Source(s): City Wide- Various Maintenance & Supply Accounts FY 00/01 contingent upon budget approval AGENDA ITEM NUMBER: ~" '~'' ~' AGEND~ Request to be placed on: October 03, 2000 Date: September 29, 2000 Special Agenda Workshop Agenda XX Consent Agenda When: Description of agenda item: Contract renewal with Focus Camera for the purchase of various film and photographic supplies for an estimated annual usage of $17,216.59 via the City of Boca Raton Bid #98-110. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Award the contract renewal of various file and photographic supplies at an estimated annual cost of $17,216.59 via the City of Boca Raton Bid #98-110. Funding from various departments 2000- 2001 operating budget. City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involvin_¢l expeDditure~o_f funds): Funding available: Yes Funding alternatives: Account Number: Account Description: Account Balance: . (if applicable) City Manager Review: Approved for agenda:~ Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved . TO: FROM: SUBJECT: DATE: MEMORANDUM David T. Harden, City Manager ~~ Richard C. Hasko,P.E., Environmental Services Director DELRAY SWIM & RACQU~ CLUB COURT REHABILITATION October 2, 2000 Attached is a tabulation of bids received on Friday, September 29, for the rehabilitation of twenty (20) clay tennis courts at the Delray Swim & Racquet Club. The project is to be completed in two phases. The first phase will rehabilitate the nine courts north of the existing clubhouse (courts 1 - 9). The second phase will address the ten courts to the extreme east of the site as well as the easterly most court lying south of the existing club house (courts 10 - 20). Phase I rehabilitation will be completed by November 5, while phase II of the project will finish by December 30. Of the four bids received, the lowest responsive bidder is Calico Racquet Courts with a total evaluated proposal of $ 81,634.02. Calico Racquet Courts has satisfactorily performed construction and rehabilitation of clay courts at the City's Tennis Center and continues to assist staff with routine maintenance activities as needed. We are recommending award of the rehabilitation contract to Calico Racquet Courts in the bid amount of $ 81,634.02 with funding from Recreation Impact Fees account #117- 41 5'5-572-63.90, Lavers International Resort Pool, through budget transfer from project reserve. Please place this item on the agenda for the October 3, 2000 regular Commission meeting for consideration. rch: Robert A. Barcinski, Asst. City Manager Brahm Dubin, Dubin & Associates Delray Swim Racquet Club Clay Court Rehabilitation Bid #2000-055 PN 2000-056 I Contractor [ Phase I Phase II I Indemnification Total Calico Racquet Courts $36,730.81 $44,893.21 $10.00 $81,634.02 Fast Dry Courts $44,775.00 $54,725.00 $10.00 $99,510.00 Accurate Tennis $46,000.00 $56,000.00 $10.00 $102,010.00 Papico Construction $52,290.00 $58,100.0~ $10.00 $110,400.00 (1) Departmental Line Transfer (3) Intertund/Interdepartmental Transfer City of Delray Beach Budget Transfer Form (2) Date: October 2, 2000 (4) Batch Number (5) Requested By: Richard C. Hasko, P.E. PROJECT # (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN ?.,00~ -O~ 117-41,~572-63.90 Lavers Int'l Resort $ 81,700.00 117-6111-519-99.01 Project Reserve $ 81,700.00 (10) TOTAL $ 81,700.00 $ 81,700.00 JUSTIFICATION: Transfer required to provide funding for the rehabilitation of 21 clay tennis courts at the Delray Swim & ~acquet Club. Do,artmenf .cart , ~ ,/~-~U~' """ ~ Assr City Manager -"lnance Director City Manager (11) Budget Revision Date (13) Period ORIGINAL-BUDGET CANARY-FILE (12) Control Number (14) Count PINK.DEPARTMENT Agenda Item No. ~'-'~' ?. Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda Date: October 2, 2000 When: October 3, 2000 Description of item (who, what, where, how much): Staff requests Commission award of a contract in the amount of $ 81,634.02 to Calico Racquet Courts, Inc. for the rehabilitation of twenty (20) clay tennis courts at The Delray Swim & Racquet Club. Calico Racquet Courts is the lowest responsive bidder and has performed similar work for the City at the Tennis Center with satisfactory results. Funding is available in Recreation Impact Fees account #117-41~ 572-63.90 throu.qh a budget transfer from Proiect Reserves. ~,-~ ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommpr~s awp~ of construction..qontract to Calico Racquet Courts. Department head signature: ~/](.~.~ ~ lo-, ~ -c'~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (re, gj~l on all items involving expenditure of funds): Funding available:.~'F~lO Funding alternative{-'- _3 ~, (if applicable) Account No. & Descdotiq~ Account Balance . / ...... c~ .~.~ City Manager Review: Approved for agenda: (~NO ~/~ Hold Until: "~ Agenda Coordinator Review: Received: Placed on Agenda Action: Approved/Disapproved MEMORANDUM TO: FROM: THROUGH: David Harden, City Manager Jacklyn Rooney, Purchasing Supervisor Joseph Safford, Finance Director DATE: October 02, 2000 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETiNG OCTOBER 03, 2000 - AWARD APPROVAL - IRRJGATION UPGRADE AND PUMP STATION iNSTALLATION FOR DELRAY SWIM & TENNIS CLUB Item Before Commission: City Commission is requested to approve award to Hoover Pumping Systems for the installation of an automated above-ground irrigation system for the Delray Swim and Tennis Club for a total amount of $44,138.02. Background: An automated above-ground irrigation system is needed at Delray Swim and Tennis Club which will include irrigation pump lines, valves and sprinkler heads for the twenty-four (24) clay court facility. Three quotes were received as follows (copies attached for your review): Hoover Pumping Systems $44,888.02 Mac Irrigation Company $45,000.00 Sullivan Electric & Pump Inc. $59,678.00 The Manager of the Delray Beach Municipal Golf Course recommends award to the low bidder Hoover Pumping Systems for a total amount of $44,138.02. See attached memo dated October 02, 2000. Recommendation: Staff recommends approval for award to Hoover Pumping Systems for the irrigation upgrade and pump station installation at the Delray Swim and Tennis Club for a total amount of $44,138.02. Funding from account code 117-4133-572-63.90. Attachments: Memo From Manger Delray Beach Municipal Golf Course Quotes Received MEMORANDUM TO: FROM: SUBJECT: DATE: Robert A. Barcinski, Asst. City Manager Richard C. Hasko, P.E., Director of Environmental Services DELRAY SWIM & RACQUET CLUB - CLAY COURT IRRIGATION' October 2, 2000 I have reviewed the proposals submitted by Hoover Pumping Systems for rehabilitation of the clay court irrigation systems at Delray Swim & Racquet Club as well as other alternative irrigation sources. In my opinion the most cost effective approach in terms of current capital and future operating expenses is that proposed by Hoover. I am therefore recommending that we proceed with the proposal by Hoover pumping systems in the approximate amount of $45,000. Should you have any questions regarding this subject, please contact me at ext. 7336. rch: C~ David T. Harden, City Manager Brahm Dubin, Dubin & Associates RECEIVED CITY CLERK MEMORANDUM TO: FROM: DATE: RE: Dave Harden, City Manager Brahm Dubin ~~ October 2, 2O0O Delray Swim & Tennis Club - Irrigation Upgrade and Pump Station Installations Enclosed, please find three (3) quotes in regards to the installation of an automated above-ground irrigation system that includes irrigation pump lines, valves, and sprinkler heads for the 24 clay court facility. We are recommending Hoover Pumping Systems for the following reasons: 1. Low bid 2. Able to perform the work according to our timeline (start date the week of October 2, 2OO0) 3. Manufacturer and repair all equipment locally 4. Recommended by Fast Dry Corp. (a local expert court maintenance and construction company) On Thursday, September 28, 2000 we met with Dick Hasko, Bob Bardnski, and Ed Wolf (from Hoover Pumping Systems), to review the attached proposal and survey submitted by Hoover Pumping Systems. It is imperative that we commence this work the week of October 2, 2000 in order to meet our timeline of opening nine (9) courts the week of November 6, 2000, and the entire facility on or about January 1, 2001. In addition, Hoover Pumping Systems has agreed to apply $750.00 of the survey cost to their bid amount of $44,888.02. Please contact me directly with any comments or questions, 243-7064. We hope we can commence this work the week of October 2, 2000. DELRAY BEACH TENNIS CENTER pURcHASE ORDER DEPAR.TMENT:',,,,C~. REQUISITION # DATE: _('~[ ~ CONTACT PERSON: ~c~, ~ PHONE//: QUANTITY PRODUCT AMOUNT TOTA 1, ACCOUNT CODE! 0 O [ '- ~ [ ~ ~-._{'Q 3~.' ORDER PLACED ON (DATE): (~c~l~ ~1oo u 9u0~ CO~A~ PE~ON: ' ~ ~OR: ~ ~ ~ ~ l~ CO~A~ P~RSON: ~ ~OR: CONTACT PERSON: PRICE: PHONE #6q, PRICE: ~ PHONE #: ~'~ PHONE #:~ ACCOL~','~G D]~'T. APPROVAL: DATE: DATE: 0g/25/60 ~O~ 12:25 FAX HOOVER PUMPING Propoea~ 2663-4779 September 25, 2000 Company: Delray Beach Tennis Center Attention: Jelfery Decnet ~: Oelrav Sw.~.--.. and Tennis.!rriclatlon U,,arade and Pump ~tation Installation Proposal Hoov~ Pumping Systems will fta'nish and install improvements at 24 clay tennis courts to convert manual irrigation valves to automatic with controller's. Installation of a lake pump system with current protection in attractive Iow maintenance fiberglass enclosure. · 4' X 8' Reinforced, ultraviolet and chemical resistant fiberglass enclostze over pump system with galvanized skid, self-latching Iockable handle with corrosion resistant hardware 20 horsepower three phase centrifugal pump clelivering an estimated 145 GPM ~ 70 PSI at the station discharge at 10' ~iff with TEFC motor · 5 horsepower stainless steel centrifugal jockey pump with pressure sensor in the volute and TEFC motor · U. L listed self-diagnostic pressure start flow/flow retirement control panel assembly in NEMA 4X enclosure with threugh door disconnect, inctividual pump fuses, IEC starter and overload, elapsed time meters, status indicator lights for Iow pressure, loss of prime, pump thermal, se~ica required, and counter for time in each mode- hand or automatic, and number of occurrences for each shutdown, transient surge protection · ESP..4 4 Station controller with rain sensor in pump enclosure and zone wires numbered and run in liquid-tite beyond skid. 2" control valve with pressure reducing and sustaining pilots, pressure gauges up and downstream of the control valve and large capacity disk filter and 1-1/2' parallel control valve for jockey · Galvanized steel discharge header with flowswitch, hose bib, pressure gauge and isolation valve at header discharge, 47 gal. capacity hyrdo-pneumatic fiberglass pressure tank · Install 4" diameter galvanized roll grOOved discharge pipe to below grade 20' long PVC adapter for irdgatien main line tie-in by Hoover · Install 3" galvanized to below grade to schedule 40 PVC jockey suction line up to 30' to edge of water, dear of obstructions, with swing check valve, 316 stainleSS steel screen assembly end rip-rap support 12:25 FAX HOOV£R PUMPING Page 2, 9/22/00 Jeffery Dooner Detrav Swim aqd Tennis trrioAti;n ~Jp;Irade end pump Station Installation · Instalr 4" schedule 40 PVC suction pipe to 30' to edge of water, clear of obstructions, with swing check valve, and 316 stainless steel screen assembly with rip-rap support · 6" thiCk concrete reinforced pad included · Install and connect electric, al conduit and wiring from existing 150 amp disconnect to new Hoover control panel not to exceed 25 feet · Abandon in place existing 25hp, lOhp vertical system · Startup and calibration Station Price: $17,795.17 Note: After close inspection of the existing pump system we have determined this systarll needs total replacement due to its age, Severe corrosion has deteriorated all the systems components making repair not cost effective. The irrigation inspection revealed that the existing pump system is larger then what la necessa~ to provide proper flow and pressure to the field valve upgrade. As per above we recomme~ irmtalling a 20hp with Shp jockey pump station. · Supply 132 Rainbird 35A-TNT brass impact sprinkler heads with %' brass ball valve · Supply 12 Hunter 1-43 High speed pop-up rotary sprinkler heacls Sprinkler Head Price,' $9.035.12 · I~stall Two Rainbird ESP-6 6 Station controller with rain sensor mounted on 8' pole · Install 15 Rainbird 2' 24 volt solenoid valves in individual valve boxes · Install #14 clirect burial Iow voltage wiring from controller location to solenoid valves · Install water tight connectors for all solenoid valve connections · Install 375 feet of 3" schedule 40 PVC zone line between three tennis courts · Make all irrigation repairs necessary for proper zone line operation · Back'fill all t~enches to existing grade · Contact proper party for utility locations ,, Install three 4" service tees with thrust bio(ks for three valve installations · Install new sprinkler heads at all head locations · Install scheddle 40 PVC fittings for new zone line installation ,, Program new controllers and ol3erational tast after installation Automatic System Upgrade Price: $180057.73 Lump Sum Price; $44.~8.02 09;25/00 MO5 12:26 FAX HOOVER PU~PING SYS . . ~005/004 Page 3, 9122J00 Jeffsry Dooner .DMray S~vim and Tennis..Irrlqation ~)onrade and Pump Station Installation Note: State sales tax is included a~ applicable. ~unshine One will be contacted to locate utilitlms; location of private utilities not located by Sunshine One will be the responsibility of the customer. Hoover will not be responsible for repair or cost to repair any utilities or irrigation piping damaged by Hoover's work that are not Iocatad or are incorrectly located. Final grades will be re-established, however turf, paver, end landscape restoration not included. Provisions for equipment access end the securing end field location of any required easements for Improvements ia the responsibility of the customer. SFWMD water consumption permit application is not included, but pump performance data will be provided to other~ preparing the application. Permit fees and beckflow protection of water source not included. TERMS: Work will commence upon receipt of a 30% deposit. Full payment is due within 20 days of invoice. No retainage shall be held from payment due. Interest will be due anc~ shell accrue at a rate of 1%% per month compounded on any overdue amount Collection costs, including attorney's fees, will be due in the event of nonpayment. Accepted by: Hoover Pumping Systems, Corp. Accepted by: De. lmy Swim and Tennis Ed Wolf. 9122100 Signature / Name Printed f Date 15~0 STATE ROAD g7 DELRAY JEACH, FLORIDA 33448 (lll)4M,f811 FAX: ~$~'1)49~.17~ MAC: Irrigation Company will install an automaUG sprinkk~r system In a thorough and professional manner to (;over 100% of specified lawn end shrub smsa, The work Includes furnishing all ~llbof, materials and equipment to in~,tall the system MAC Co. will obtain all permits and pay all required fees to any agency hav;ng jurisdiction over the work MAC Co wilt a~$o Flai~lain all required insurance from e mspansJble carrier ~d shall provide evidence of coverage upon request. SP£CIFICATION$: Raptaca all tennis court irrigation, and provide time cio~ks for each Tennis couc[ battery operation. Replace exiallng to.ina pump ~tatlon with pressure demand system compatible with existing flow and pre,sure requirements. EXCLUSIONS: This Ixopcoa[ assumes the rest ol the existing system is operabonal end any further repairs will be On a time and material b~Jal& WORKMAN.~HIP; MAC Irrigation Co. will be responsible for tutl and ;ompidte coverage of all irrigated areas and $;.~11 mal~e any necessary mi~er adjustments at ne additional (:o~t to the Owner. All major revisk~s tO the ~'igation system musl be submitted and answered in ,Miting, EIUARANTEE: The system will carry · one.year warranty from the d~le of completion, which will cover ell defective materials and fautty workmanship. During the warranty period it will Pe the Owner's responeroility to maid!sin the system tn proper working order, , the necessary maintenance (ea. keep grass from oPstruct~ng the sprinkler headsl, lxotect against vandalism, and prevent damage ¢~urlllg the landscape maintenance operations. MAC Co. will not ~e respons~le for loss of tu~ or shnJbs fr~m lack of water unti~ the entire system is deemed to be complete, In working order, and the permanent electrical supply ia operational PA YMENT: Prggreaa and final peymant~ due and unpaid under this agreement ~hall bear interest at the rata ~f 18% per veer or at tt~e maximum legal rate prevailing. The final balance of the proposal sum shall be due whe~ the wo~ is fully consisted MATERIALS: All materials used in the system snail ba new a~ in pede~ c~dlfl~ e~ shall ~ as s~ifiad. C~T~Cr m~C~: ~D: If a ~nd Is ~ul~, 2% e~ll ~ ~d~ to ~e ~ntre~ ~i~. ~ Ir~ga~ Co. Is ~y li~n~ ~ ~o~ ~ntre~ ~rk in ~ ~un~, NI material a~ ;a~r used are ~ver~ under Fiche Me~hanic'~ Lien La~ until the ~ntra~ is pe;d ~ tull. The ~ner will be subject ~ l ~ll~ te ~er when I~ c~bscl le ~t In ~i~ with ~ CoUrtier. Tbs undersign~ ie ful~ r~ponsi~e for any I~al ex.nee incurred in ~ove~ ~ unpaid A~PT~CES: I ~e) her~y i~pt ~e a~e ~nba~ pr~ end ~dia~s end au~r~e ~C Irrigltio. Co to peflorm the w~ ~e ~ the or~ln~ prat ~d return ~ ~r office; the copy Is ~r your r~rds. ~ ~ - Date: ~ ,Senb By: SULL]VAN ELEC & PUUP/Ek~S; 5615829344; 0ct*2-00 9:56AU; Page 1/2 10/2/00 Proposal: ICustome Dclray Beacl 201 W. Atlat Dclray Beacl Via fax #$61 ATY: WE FOLLOWS: Supply and system that install 3 new adjacont not proposinl controller. W zone valves Installation J · Removal of · Install new ] ,Clean wet w · 3 zone valve * Install I ney courls ad Options: Replace existi Rcplacc cxisti l Pump, lnc, E Mall sales(d),su)li~;anelec~tc-pump.cotal Fax (561)-'~82-9344 ,00-498 Page I of 2 Tennis Center :ic Avenue 2 FI. 33444 Project Delray Ra~uet Club-Upgrades SuPerintendent PRESENT THIS QUOTATION WITH SPECIFICATIONS AS a new Flowlroncx/PSl pump ~:tation (see attachment) to replace the existing Also includ::d in fllis proposal is labor and materials to valves, wire, and controller for thc courts by thc pump station. The 10 courts clubhouse have existing zone valves that appear to be in 8ood condition. I mn !o replace the zone vtdves onany of the I{I courts but we will install a new ten we can power the existing con ~roller we can determine if the existing wire and ~ be re-used. eludes: xisting pm-ap station Iowtronex/PSI pump st,,6on and c ~nnecl lo existing discharge mani£old 11 and intake screen and wire for the courts by the pump stati, m irrigation controller at the pump ~tation and 1 at the e~isting location for the 10 :ent from the clubhouse. Price Plus Sales Tax ...$59,678.00 ; impact type sprinklers (132) $47.00 ea. ;rotor type sprinklers (6) $71.00 ea. Sent I~y: SULLIVAN ELEC & PUi~IP/E~S; 5615829344; Oct-2-O0 D:56A~; Page 2/2 E Ma~ ~.arvf&sul_!ivan~:Icc~},;.uum~.c~m~ Fax (561)-582-9344 Net 30 da 20% Deposit Accepted By Title: sale: credit Project Manager Quote # 00-4~;,8 Date: 1'0 # 2 10/2/00 10/2/00 CITY COMMISSION - CITY OF DELRAY BEACH REGULAR MEETING - OCTOBER 3~ 2000 - 6:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE CONSENT AGENDA IS AMENDED BY ADDiNG ITEM 8.J.8. AS FOLLOWS: 8. CONSENT AGENDA J. AWARD OF BIDS AND CONTRACTS: 8. Bid award in the amount of $44,138.02 to Hoover Pumping Systems for the installation of an automated, above-ground irrigation system at the Delray Swim and Tennis Club, with funding from 117-4133-572-63.90 (Recreation Impact Fees - Other Improvements). Also artached are the following: · Minutes · A copy of the complete bid package for Item 8.J.7, Bid award in the amount of $81,634.02 to Calico Racquet Courts, Inc. for the rehabilitation of 20 clay tennis courts at the Delray Swim and Tennis Club, with funding from 117-4133-572-63.90 (Recreation Impact Fees - Other Improvements). · Addendum to staff recommendation for Item 9.E., Thomas Bartles Report. Addendum. October 3, 2000.Reg. Mtg. TO: THRU: FROM: SUBJECT: JEFFREY A. COSTELLO, PRINCIPAL PLAN~ MEETING OF OCTOBER 3, 2000 CONDITIONAL USE REQUEST TO ESTABLISH A 125' MONOPOLI- TELECOMMUNICATION TOWER FOR SPRINT PCS AT 23t NW 18TM AVENUE (FREDERICO EQUIPMENT COMPANY)~ LOCATED ON THE EAST SIDE OF NW '18TM AVENUE~ APPROXIMATELY 650' NORTH OF MARTY FLADELL DRIVE)~ IN THE MIC (MIXED INDUSTRIAL AND COMMERCIAL) ZONING DISTRICT. At its meeting of January 19, 2000, the Site Plan Review and Appearance Board (SPRAB) approved a site plan modification for the installation of a 62'-high menopole telecommunication tower at the southwest corner of the subject property. The 62'-high tower was reviewed and approved by SPRAB in accordance with LDR Section 4.3.3(S)(2)(a)(3), which allows towers up to 64' in height as permitted uses in the Mixed Industrial and Commercial (MIC) zone district. Sprint PCS is requesting to extend this existing 62'-high monopole tower to 125', which requires a conditional use approval. The proposal also includes installation of the associated equipment "outdoor" cabinets (Sprint PCS equipment does not require a storage shed), generator, and propane tank within the existing 68' by 55' (3,740 sq.ft.) lease area. The proposed 125'- high tower will allow the co-location of four service providers (existing Nextel, proposed Sprint PCS, and two future providers). Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of September 18, 2000, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was no public testimony in opposition to the item. After reviewing the staff report and discussing the proposal, the Board voted 6-0 (Morris absent) to recommend approval of the Conditional Use request, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and Section 4.3.3(S) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions: 1. That the tower owner shall offer space on the tower with fair, reasonable, nondiscriminatory terms, at fair market value, and to negotiate leases promptly and without undue delay. 2. That the plans be revised to identify the overall height of the proposed tower extension. 3. That except where superseded by the requirements of other county, state, or federal regulatory agencies possessing jurisdiction over telecommunication towers, the telecommunication tower shall be constructed in neutral colors, designed to blend into the surrounding environment, such as non- contrasting gray. 4. That a site plan modification be processed with the site plan to be in general conformance with the sketch plan, which addresses the access and landscaping issues identified in the staff report. By motion, approve the conditional use request to establish a 125' high monopole telecommunication tower for Sprint PCS, based upon the findings and recommendations of the Planning and Zoning Board. Attachment: P& Z Staff Report of September 18, 2000 ~,/~. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: September 18, 2000 V.D. Conditional Use Request to Allow an Increase in Height of an Existing Telecommunications Tower from 62' Feet to 125' for Sprint PCS at 23I NW. 18th Avenue, Located on the East Side of N.W. 18th Avenue, Approximately 660 Feet North of Marty Fladell Drive. GENERAL DATA: Owner ............................ Applicant ........................ Agent .............................. Location .......................... Proper~y Size .................. Future Land Use Map ..... Current 7on n Adjacent Zoning....Nodh: East: South: West: Existing Land Use ........... Proposed Land Use ........ Water Se,vice ................. Sewer Se,'-v'ce ............. Frederico Equipment Co., Leased to Nextel Communications Sprint PCS Julia F. Dumas Located on the east side of N.W. 18th Avenue, approximately 660 feet north of Marty Fladell Drive 2.36 Acres (Overall Site) 0.0g Acre (Leased Parcel) Commerce MIC (Mixed Industrial & Commercial) MIC MIC MIC MIC Equipment storage yard and existing 62' monopole tower Conditional Use Request to allow an increase in height from 62' to 125' for an existing teleo~mmunication tower. LEASED The action before the Board is that of making a recommendation to the City Commission on a Conditional Use request and attendant sketch plan to establish a monopole telecommunication tower greater than 64' in height (125') for Sprint PCS at 231 NW 18t~ Avenue (Frederico Equipment Company), pursuant to Section 2.4.5(E). The subject property is located on the east side of NW 18~h Avenue, approximately 650' north of Marry Fladell Drive (231 NW 18th Avenue). The subject property was annexed into the City in November 1962 with an initial zoning designation of Light Industrial. In 1974, a 6,300 square foot building was constructed for the office and distribution center associated with the Moody Construction Company. In 1980, the Standard Concrete Company occupied the property. Standard (Tarmac) constructed a concrete batch house, batch plant and associated wash out stations and storage bins for their operations. The concrete operation occupied the subject property until 1993. In 1993, a conditional use application for the subject property was submitted for a recycling/mulch center for South Florida Sanitation. The City Commission in December 1993 approved the conditional use application. However, the facility did not occupy the subject property and the conditional use approval expired. The property was purchased by the Frederico Equipment Company, which operates a general contractors business from the site. At its meeting of January 19, 2000, the Site Plan Review and Appearance Board (SPRAB) approved a site plan modification for the installation of a 62'-high telecommunication monopole tower at the southwest corner of the subject property. The subject 62'-high tower was reviewed and approved by SPRAB in accordance with LDR Section 4.3.3(S)(2)(a)(3), which allows towers up to 64' in height as permitted uses in the Mixed Industrial and Commercial (MIC) zone district. Sprint PCS is requesting to extend this existing tower up to 125', which requires a conditional use approval. The development proposal is to modify a monopole telecommunication tower for Sprint PCS, which incorporates the following: [~ Extension of an existing 62'-high monopole communication tower to 125' high; and, ~ Installation of the associated equipment "outdoor" cabinets (Sprint PCS equipment does not require a storage shed), generator, and propane tank within the existing 68' by 55' (3,740 sq.ft.) lease area. The proposed 125'-high tower will allow the co-location of four service providers (existing Nextel, proposed Sprint PCS, and two future providers). Planning and Zoning Board Staff Report Communication Tower at the Frederico Equip. Co. (231 NW 18'~ Av~.) - Conditional Use Approval Page 2 _C. HAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Commerce Future Land Use Map designation and is zoned MIC (Mixed Industrial and Commerce), which are consistent with each other. Pursuant to LDR Section 4.3.3(S)(2)(b)(2), monopoie towers having a maximum height greater than 64' (125' proposed) may be permitted as a conditional use in the MIC zone district. Based upon the above positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposed tower will be unmannedl and will not have any impacts on level of service standards as they relate to water, sewer, drainage, traffic, parks and recreations facilities, and open space. Based upon the above, a positive finding can be made with respect to Concurrency. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives and policies are noted. SECTION 2.4.5(E)(5) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; Planning and Zoning Board Staff Report Communication Tower at the Frederico Equip. Co. (231 NW 18~ Ave.) ~ Conditional Use Approval Page 3 B. Nor that it will hinder development or redevelopment of nearby properties. The Frederico Equipment Company property is surrounded by MIC zoned property. The property to the north is used for a masonry manufacturing business (Keystone Creations), The property to the south is a warehouse distribution facility. The property to the east (across the CSX Railroad) is vacant. The property to the west (across NW 18t" Avenue) is vacant. The nearest residential properties are those located in the Sudan subdivision. The Sudan subdivision is located approximately 1,200' to the west of the subject property across Congress Avenue and the E-4 Canal rights-of-way. The applicant has submitted a photo simulation (Exhibit "A") that shows the impact of the proposed tower from the west side of the residential subdivision. Given the distance from the residential property, the proposed tower will have an insignificant impact on these properties. Furthermore, the proposed tower will not have a detrimental effect on the surrounding industrial properties nor the residential properties 1,200' to the west. Aside from the aesthetic aspects of the proposed tower, the proposed use will not generate objectionable nuisances that would hinder development or redevelopment of the nearby properties. The telecommunication facility will generate an insignificant amount of vehicle trips per year and not cause a conflict with respect to noise or lighting. Furthermore, the applicant has submitted the proper documentation that indicates there will not be a conflict with respect to radio wave interference. In fact, the proposed tower expansion will allow the co-location of two additional service providers, which will reduce the need for additional telecommunication facilities in the area. Based on the above, a positive finding can be made that the proposed tower will not have a detrimental effect on the neighborhood or hinder development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONSr The proposed use will be in compliance with the Land Development Regulations. If the Conditional Use is approved, a site plan submittal complying with the Land Development Regulations will be required. Along with the Conditional Use request, a sketch plan has been submitted and reviewed by staff. Based upon staff's review of the sketch plan and site inspections, the following "Technical Items" were identified. LDR Section 4-3.3(S)(Telecommunication Towers and Antennas): Section 4.3.3(S)(2)(e) Development Standards and Criteria: (1)(a) & (b) Height: Pursuant to LDR Section 4.3.3(S)(2)(e)(1), the tower height shall not exceed 125' unless a waiver is granted. The tower height shall include any apparatus that extends above the tower structure, except lighting rods, safety lighting, and other apparatus to ensure the safe operation of the facility. Also, whip antennas not exceeding six inches in diameter may extend ten-feet above the height of the tower structure. Planning and Zoning Board Staff Report Communication Tower at the Frederico Equip. Co. (231 NW 18'h Av~.) - Conditional Use Approval Page 4 The elevation drawing of the proposed tower indicates a tower height of 122.5'. However, the tower height notation must include the antennae array that extends above the tower structure. This antennae array extends approximately 2.5' above the tower structure, which is consistent with the maximum height requirement. Revision of the elevation drawing is attached as a condition of approval. (2) Setbacks: (a) Towers shall be located a minimum of fifty (50) feet from any existing or proposed public street right-of-way line. (e) Equipment buildings and other structures associated with a telecommunication tower shall conform to the setbacks established for the underlying zoning district. The existing 62' tower and lease area were reviewed based on the current setback requirements and was found in compliance. The proposed tower extension does not affect the previous finding. (3) Buffering Requirements: (a) An eight foot high fence or wall shall be constructed around the base of a telecommunication tower. The fence or wall shall be screened in accordance with LDR Section 4.6.5. (b) Accessory equipment and structures shall be screened in accordance with Section 4.6.16. (c) Landscaping may be required around anchors or supports, as well as around the perimeter of the site on which the tower is located, in order to enhance compatibility with adjacent properties. As with the required setbacks noted above, the existing 62'-high tower and lease area were reviewed for compliance with these buffering requirements and found in compliance. The proposed tower extension does not affect this previous approval. ($) Tower Color Pursuant to LDR Section 4.3.3(S)(2)(e)(6), except where superseded by the requirements of other county, state, or federal regulatory agencies possessing jurisdiction over telecommunication towers, telecommunication towers shall be constructed in neutral colors, designed to blend into the surrounding environment, such as non-contrasting gray and is attached as condition of approval. LDR Section 4.3.3(S)(4) (Co-Location): Pursuant to LDR Section 4.3.3(S)(4)(a), in order to minimize adverse visual impacts associated with a proliferation of towers, co-location of communication antennas by more than one provider on existing or new telecommunication towers shall take precedence over Planning and Zoning Board Staff Report Communication Tower at the Frederico Equip. Co. (231 NW 18~h Ave.) - Conditional Use Approval Page 5 the construction of new single use telecommunication towers. An application for a new tower that is greater than 64' in height shall not be approved unless it can be demonstrated by the applicant that there is a need for the new tower which cannot be met by placing the antenna on an existing tower. Accordingly, the following requirements apply to each application for a new telecommunication tower that is greater than 64' high: 1. That all new telecommunication towers shall be constructed so as to have the capacity to permit multiple uses. Monopole towers shall be able to accommodate a minimum of two users. Analysis: The proposed monopole tower has sufficient capacity to allow up to four service providers, thereby exceeding this requirement. All applications for new telecommunication towers shall include a written analysis of the feasibility of sharing any existing telecommunication tower located with a half-mile radius of the proposed tower site. Analysis: The subject application is not required to provide a written analysis with respect to feasibility as the nearest tower is located approximately 3,900' away, which is well in excess of a half-mile (2,640'). However, the applicant has submitted a coverage map that indicates a gap of adequate Sprint PCS service in the area of the proposed tower extension. Essentially, the most logical location of a 125'-high tower is to co-locate with the existing 62'-high tower, which optimizes the provider's coverage without further proliferation within the area while providing additional locations for two future providers. A requirement to allow co-location will be a condition of approval for all new towers. This requirement will be deemed to have been met if the facility owner shows that it has executed a joint use agreement with at least one other unaffiliated entity for shared use, and agrees to offer the same contract to others. In other cases, the facility owner must provide a statement of intent to offer space on the tower on fair, reasonable, nondiscriminatory terms, at fair market value, and to negotiate leases promptly and without undue delay. A condition of any permit shall be terminated, and the facility removed, if the City finds that the facility owner is not complying with its obligations under this section. Analysis: The proposed tower extension substantially complies with the co-location requirement since the proposed tower will initially contain the existing NexteJ facility and proposed Sprint PCS facility. It is noted that the owner of the tower must offer space on the tower on "fair, reasonable, nondiscriminatory terms, at fair market value, and to Planning and Zoning Board Staff Report Communication Tower at the Frederico Equip. Co. (231 NW 18~h Av~.) - Conditional Use Approval Page 6 negotiate leases promptly and without undue delay." A condition of approval is attached that the tower owner shall provide co-location opportunities based on these stipulations. Utility Easement The Sprint PCS equipment is located along the north side of the lease area. The location of this equipment will interfere with the access to the lease area and will require modification that will be addressed during the site plan modification process. Furthermore, the landscaping for the "compound" is not located in accordance with the approved site plan for the Nextel application and will need to be adjusted accordingly during the site plan modification process. The development proposal is not within a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Site Plan Modification: If Conditional Use approval is granted, a site plan modification submittal will follow. The site plan must address concerns raised through the conditional use petition. Special Courtesy and Public Notices: Courtesy notices were provided to the following homeowner's associations and civic organizations: [2 PROD [2 Delray Shores [] Village of RainberTy Lake ~ Chatelaine F~ Presidents Council 0 Rainberry Bay [] Rainberry Lake r~ Sudan [] Pines of Delray North Formal public notice has been provided to property owners within a 500' radius of the subject property. Any letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. The proposed use is consistent with the policies of the Comprehensive Plan as well as Chapter 3 and Section 2.4.5(E)(5) of the Land Development Regulations. The proposal calls for the extension of an existing 62'-high tower to 125' with accommodations for a total of four service providers (Nextel existing, Sprint PCS proposed, and two future service providers). Planning and Zoning Board Staff Report Communication Tower at the Frederico Equip. Co. (231 NW 18th Ave.) - Conditional Use Approval Page 7 The proposed tower is sited in an area of the City that will have an insignificant impact on the nearest residential neighborhoods. Approval of the tower will reduce the need for proliferation of towers within the City as co-location is provided for four service providers. The proposal will comply with LDR Section 4.3.3(S) provided the conditions of approval are addressed. Continue with direction. Recommend approval of the conditional use request to establish a 125' monopole telecommunication tower for Sprint PCS at 231 NW 18t~ Avenue (Frederico Equipment Company), based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and Section 4.3.3(S) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. Recommend denial of the conditional use request to establish a 125' monopole telecommunication tower for Sprint PCS at 231 NW 18t~ Avenue (Frederico Equipment Company), based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan, with the basis stated. Recommend to the City Commission approval of the Conditional Use request to establish a 125' monopole telecommunication tower for Sprint PCS at 231 NW 18t~ Avenue (Frederico Equipment Company), based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and Section 4.3.3(S) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions: 1. That the tower owner shall offer space on the tower with fair, reasonable, nondiscriminatory terms, at fair market value, and to negotiate leases promptly and without undue delay. 2. That the plans be revised to identify the overall height of the proposed tower extension. That except where superseded by the requirements of other county, state, or federal regulatory agencies possessing jurisdiction over telecommunication towers, the telecommunication tower shall be constructed in neutral colors, designed to blend into the surrounding environment, such as non-contrasting gray. 4. That a site plan modification be processed with the site plan to be in general conformance with the sketch plan, which addresses the access and landscaping issues identified in this report. Planning and Zoning Board Staff Report Communication Tower at the Frederico Equip. Co. (231 NW 18th Av~.) - Conditional Use Approval Page 8 Attachments: [] Conceptual Plan/Landscape Plan [] Tower Elevations [] Exhibit "A" - Line of Sight Survey Report prepared by: Scott Pape, Senior Planner ii -"°~°~ '~\\\ ~ ~ ~ ~ ~ ~ ~ ~ Y f~ ~ ........... ' -~-~ ~ Ill I I I ~1 ~ f~ ~ ~,~ , / I PALM TRAN ~ I l~ j j I ~ ~[ ~ ~ ! N ~ SPRINT POS TOWER [ITY OF DELAI:IY BEflI:H CITY ATTORNEY'S OFFICE Ali.America City 1993 DATE: September 28, 2000 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM TO: David T. Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: School Concurrency The attached letters address an outstanding item regarding TCEAS, and the City's interlocal agreement with the School Board regarding Phase II of the athletic facility at Atlantic High School. It appears that both items have been satisfactorily resolved. Attachment cc: Paul Dorling, Acting Planning & Zoning Director FROM PLANNING AND ~EAL E~ ~1 434 8187 P. 2 BSN ENTERPRISES, Inc. September 19, 2000 David Harden, Cit7 Manager City of Delray Beach 100 Northwest 1't Avenue Delray Beach, FL 35444 Re: School Concurrency - ADc)roved Unit E~emption Dear Mr. Harden: This letter addresses the City's concern which was expressed in the letter of August 9, 2000 and the subsequent meeting of September 12, 2000 with City Attorney Susan Ruby and Acting Director of Planning Paul Dorling regarding the City of Delray Beach Transportation Concurrency Exception Area (TCEA) and its vested residential units. The Public School Concurrency Interlocal Agreement (II.A) addresses exemptions from concurrency in Article IV, Section D, and specifically TCEAs on page 26, paragraph D. 5. It is the intent of this Section that any previously approved residential component Iocar[ecl within an existing TCEA.is exempted from school concurrency. The City indicated that the approved number of units within the TCEA is 970 multi- family units. Based on the Interlocal Agreement, these units which are approved but not built are exempt from a school concurrency determination. This Section concerning residential units ~lecated in TCEAs was added at the request of the City of West Palm Beach which unanimously api~reved the ILA on September 18, 2000. However, if the City chooses to add units to the TCEA subsequent to school concurrency implementation, the additional units would not be exempt and would be subject to a school concurrency determination. If you have any further questions 'regarding this or any component of schoo concurrency, please do not hesitate to call me. n Ruby, CiJy Attorney Paul Dorling, Acting Director of Planning Linde Hines, Director of Real Estate and Planning Allen Watts, Esquire .Barbara Alterman, Assistant County Attorney John Corbett, Esquire Jeanne Mills, AICP H:IDOC/VVPSllDATA/CNCRNCYIMUNSCH/GENCORPj!..N919 1713 Flagler Manor Circle * West Palm Beach, Florida 33411 ' $$1-346J3139 ' Fax 561-790.0898 09/20/00 WED 11:14 [TX/RX NO 7338] 9-28-2888 11:3SAM FROM PLANNING AND REAL ES S61 A3A 8157 ~OOL ~, THE SCHOOL DISTRICT O~' PALM BEACH COUNTY, FLORIDA FACILITIES MANAGEMENT 3384 FOREST HILL BOULEVARD, c-310 WEST PALM BEACH, FL 33406.F~13 (561,~ 434-8510 FAX (561) 357.7569 WILLIAM F (BILL) MALO~ September 27, 2000 Susan A. Ruby, Esquire CiBr Attorney City of Delray Beach 200 N.W. 1~t Avenue Dekay Beach, FL 33444 RE: Atlantic H'ivh School Moderni~nlion Schedule Deax Ms. Ruby: This is in response to the City of De[ray Beach's questions regarding Atlantic High School's modernization project and our obligation to meet the interlocal agreement with flue city, In accordance with the Board approved Capital Plan, the modernization of Atlar~ic High School is scheduled to begin in 2002, with a completion date of 2004. We plan forLthe scope of the modernization to include Phase II of the athletic facility in accordance with our in~erlocal agreement with the City of Delray Beach. When reviewing the attached Project DeveloPment Tables, it is important to note that the School District fiscal year begins on July V', so the cdnstruction dollars earmarked for Atlantic High School in FY 2003 are actually available on July 1~, 2002. If you have any other questions, please do not hesitate to call us. DR, R, BENJAMIN MARLIN Sincerely, Chief of Facilities Management Enclosures: Project Development Tables for, Atlan,tic High School (Pages 5.g~and 5.9 from the School District of Palm Beach Couuty s Five-Year Plan and Capital Budget) cc: Mr. David Harden City Manager Leo Noble, Consultant Jeanne Mills, AICP, Senior Planner Concurrency H:IDATAICONCRNCg/MUNSCHfTOWNS/DELRA¥/CORPJ925RUBYa An Equal Opportunity Employer 09/28/00 THU 11:36 [TX/RX NO 7367] 9-28-2000 11:~AM FROM PLANNING AND REAL ES ~1 J34 8187 09/28/00 THU 11:36 [TX/RX NO 7367] 9-28-2000 11:~A~ FRON PLANNING AND ~EAL ES S~ ~34 87~7 p.~ .t7___ 09/28/00 TH1J 11:36 [TX/RX NO 7367] Planning & Zoning Department MEMORANDUM TO: David Harden City Manager FROM: DATE: Paul Dorling~ Acting Director of'Planning & Zoning September 28, 2000 RE: Public School Concurrency Interlocal Agreement This is a follow-up to my August 9, 2000 memorandum on the school concurrency interlocal agreement. The City Attorney and I met with Leo Noble and Jeanne Mills of the Palm Beach County School District on September 12, 2000. Each of my concerns were satisfactorily addressed, in summary these where addressed in the following manner: With respect to the concern over vesting for residential units within the TCEA an exemption letter has been received verifying the vesting. The comment relating to the potential under estimation of units within the downtown area will be addressed by accounting for the units in future estimates. If the estimates then indicate new facilities are needed the school district must revise the capital plan to provide the facilities. However, as these units are expected to generate few children the impact of these increased numbers are expected to be minimal. Additional information was provided to clarify the tiered levels of service standards which will be in place prior to August 1, 2004. The higher level of service standards appear to provide enough flexibility to accommodate proposed near term growth. After August 2004 the School District's construction plans are anticipated to have caught up with the construction backlog and thereafter schools will be constructed to maintain acceptable levels of service. The concern with projects which are never built "tying up" potential capacity after being granted a concurrency finding is to be mitigated by an annual adjustment based on actual building permits and CO of residential units. S:long range/schoolconcurrency BSN ENTERPRISES, Inc. September 27, 2000 Mr. David Harden, Manager City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 Dear Mr. Harden: Enclosed is the School District's Six-Year Capital Improvement Schedule which was adopted by the School Board on September 12, 2000. The Schedule, including the 10 and 20 Year Capital Projections as required by Section III of the Interlocal Agreement, is provided to help you evaluate the school building program. It shows the new schools and modernization projects and the year in which the funding will occur. It is important to note that the School District's fiscal year begins on July 1st so construction dollars earmarked for 2003 are actually available on July 1st, 2002. Also attached is the Summary of the Capital Improvement Program. A copy of the adopted School District's Five-Year Capital Facilities Plan will be distributed to municipalities within the next few weeks after printing. However, the Six Year Capital Improvement Schedule is required to be adopted in your comprehensive plan. If you have any questions, please call me. School District of Palm Beach County Six Year Capital Improvement Schedule Summary of the Capital Improvement Program H:/DATA/CONCRNC2/MUNSCH/GENCORPJLN927 1713 Flagler Manor Circle * West Palm Beach, Florida 33411 * 561-346-0'139* Fax 561-790-0898 September 27, 2000 Page Two CC: Members of the School Board of Palm Beach County Edward Oppel, Chief Operating Officer, The School District of Palm Beach County William Malone, Chief of Facilities Management, The School District of Palm Beach County Linda Hines, Director, Planning and Real Estate, The School District of Palm Beach County Allen Watts, Esquire, Counsel, The School District of Palm Beach County Members of the Board of County Commissioners Robert Weisman, County Administrator, Palm Beach County Barbara Alterman, Assistant County Attorney, Palm Beach County Frank Duke, Director of Planning Division, Palm Beach County Jamie Titcomb, Executive Director, The League of Cities John Corbett, Esquire, Counsel, The League of Cities Jeanne Mills, AICP, Senior Planner for Concurrency, The School District of Palm Beach County © 2-00 q 8 [ITY OF OELRRY BEI:IEH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH lll.lr~ea City 1993 DATE: August 11, 2000 MEMORANDUM Writer's Direct Line: 561/243-7091 TO: David T. Harden, CityManager FROM: Susan A. Ruby, City Attorney SUBJECT: School Concurrency Agreement Since I sent you my last memo (August 10, 2000) on the above matter, Mr. Noble has called me with the following further information: Atlantic High School is listed in Concurrency Service Area 19 of the Five-year Enrollment Plan. Mr. Noble estimates that "concreteables" cost about 40% less than building regular classrooms and that the current "temporary relocatables" by law, if they are over 20 years of age, must be removed by July 1, 2003. Most importantly, he mentioned that the Phase II Improvements (gynmasium facility) are in the 2003/2004 budget. Mr. Noble mentioned that there is approximately 45 million dollars scheduled for the modernization and reconstruction of Atlantic High School. The goal is to have the modemization completed by 2004. The money for design and preplanning is in the 2001/2002 budget. In the planning process, it will be determined if the gymnasium contemplated in Phase II will be built at the originally planned site or as a part of the main school building. Please call me if you have any questions. [ITY OF DELR;I¥ BE;ICH RECEIVED CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 ~lI.Amedca C? 1993 DATE: TO: MEMORANDUM August 10, 2000 David T. Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: School Concurrency Agreement You have inquired as to whether there were any changes or unresolved issues arising from the agreement you sent to me August 3, 2000. The agreement you sent is the same as the agreement I reviewed and summarized in my July 18, 2000 memorandum (see attached). Pursuant to your request and as set forth in my July 18, 2000 review, below are a few unresolved issues to consider: Atlantic High School Athletic Facility Phase II The City and the School Board have entered into an agreement, which requires the School Board to commence construction of certain recreational facilities in Phase II at Atlantic High School by June 2002. If the School Board fails to meet this requirement, the agreement provides for the return of the Phase II land to the City. The plans for the Phase II facility are attached. The issue is whether the definition of "educational facilities" in the concurrency agreement has a negative effect on the School Board's commitment to building Phase II of the athletic facility at Atlantic High School as set forth in our agreement with the School Board. The definition of "educational facilities" in the concurrency agreement includes facilities that serve educational purposes only while the statutory definition contained in F.S. §238.011(6) is broader, and includes "secondary social/recreational purposes of the community." I noticed that Atlantic High School is not mentioned in the 5-year enrollment plan under Concurrency Service Area 20 as attached to the latest agreement. Further, the 5-year Capital Facilities Plan, which is to cover all schools of whatever type, was not included in David T. Harden, City Manager August 10, 2000 Page 2 the materials. I believe it would be prudent to have the School Board confirm that Phase II will be constructed in accordance with our interlocal agreement notwithstanding the school concurrency agreement. It may be useful to verify whether Atlantic High School Phase II Improvements are included in the 5-year Capital Improvement Plan. It is my understanding that the School Board is to vote on their 5-year capital budget on September 12, 2000. Use of "Relocatables' The wording of the definition of "Florida Inventory of School Houses" (FISH) has been changed slightly to state that permanent capacity does not include the use of relocatables unless they meet the standard for long term use pursuant to Section 235.061. Florida Statutes §235.061 sets forth certain standards for "long term use" relocatables and provides that long term use means the use of relocatables at the same site for a period of 4 years or more. According to Mr. Noble, the existing relocatables located within the City are temporary type relocatables and the long term relocatables (sometimes referred to as "concreteables") are practically indistinguishable from main school buildings and are much different than the "temporary relocatables" presently in use. He believes that the cost of the "long-term use" relocatables are not significantly different than constructing an additional classroom. Mr. Nobel states that "temporary relocatables" not meeting this criteria cannot be used to provide more capacity, but "long-term use" relocatables can be used to meet capacity requirements under the agreement. The mitigation procedures, however, now allow cities to review the mitigation plans prior to School Board approval. While there is some more clarity on this issue now, it may still be an issue that the City Commission may want to address. Limiting Size of Schools A bill (SB 852) was passed this year which limits the sizes of schools (see attached). The bill does not apply to projects in the pipeline as of July 1, 2003. The bill is effective July 1, 2000. I have spoken to Leo Noble who indicates that he believes the bill will not have any effect on the capital budget or on the objectives of the school concurrency agreement. The effect will be on the operational budget of the School Board. Mr. Noble states that the operational and capital budgets are separate and cannot be used to offset each other. Mr. Noble feels that the use of smaller sites for smaller schools may save money in property acquisitions (due to a shortage of large sites) and the construction costs will not likely increase. It is Mr. Noble's opinion that this bill, while impacting the School Board by increasing operational budget costs, will not interfere with currency rules under the agreement. However, if this bill is not amended in the future by providing exemptions for counties with concurrency agreements, it appears that at some point the School District's 5-year Capital Improvement Plan will need to be modified. I believe it is too early to tell David T. Harden, City Manager August 10, 2000 Page 3 what the actual impact of this new law will have on development under the concurrency agreement. Miscellaneous Mr. Noble stated that he would try to get me a copy of the 5-year Capital Budget, the Public Facilities Plan and more information on the "long-term use" relocatable issue, including cost comparisons between their use and building additional classrooms. Mr. Noble's goal is to have all cities, the School Board and the County sign the agreement by late October. We may want to bring this agreement to the Commission a~er the above documents are received. Please call if you have any questions. ! am attaching a copy of the attachments mentioned above, the Executive Summary, and a letter from Mr. Noble. SAR:smk Attachments cc: Paul Dorling, Acting Planning & Zoning Director [IT¥ OF DELRFI¥ BEFI[H CiTY ATTORNEY'S OFFICE DELRAY BEACH AIl.,~ca C~ T9~ TO: 200 NW lst AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090- FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM July 18, 2000 City Commission David T. Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: School Concurrency Interlocal Agreement The purpose of this memorandum is to provide an overview of the school concurrency program agreement. This is a summary of some salient points of the agreement including some of the technical requirements as outlined below: The School District must prepare and update yearly a 5-year capital facilities plan, must institute program/boundary adjustments to meet levels of service, implement the 5-year capital facilities plan, provide necessary data to the City for updating its comprehensive plan, adopt a ten to twenty year work program, maintain and publish data required for review of proposed new residential development, review applications for a determination of concurrency, review mitigation proposals, prepare reports, coordinate planning with the County and cities (.pages 12, 13 & 14). The City must, within one year of the adoption of the agreement, amend its comprehensive plan and (a) adopt a public schools facilities element, Co) amend the City's intergovernmental coordination element, (c) and incorporate the School District's capital improvement schedule into the City's capital improvement element (pages 11 & 12). Within 90 days after adoption of the elements set forth above, the City must adopt an ordinance regulating the issuance of development orders on the availability of public schools at required service levels (page 26). The City or applicant (as set forth in the ordinance to be adopted by the City) may ask for a determination of school concurrency (page 27). City Commission July 18, 2000 Page 2 The School District will log in by time and date and process applications ['or concurrency determination in the order received and issue a determination within 15 working days (page 28). If the development does not meet concurrency levels of service standards, then the applicant has 90 days to negotiate with the School District and enter into a mitigation plan. The City will have an opportunity to review the mitigation plan prior to approval (page 33). After the 90-day negotiation period, a second letter of determination of concurrency will be issued (page 34). On April Ist and October Ist of each year, the City is to provide information regarding CO's the City has issued for residential developments. The Technical Advisory Group (TAG) (5 members) is established to provide monitoring of the program and other School District's functions contained within the agreement (pages 37 and 38). 10. Disputes are to be resolved first by an attempt at informal resolution. The City can sue for specific performance, the City can submit to mediation under the PARC agreement, or if a deadlock occurs, the issue will be submitted to binding arbitration (pages 44 and 45). 11. On or before January 1st of each year, the City shall provide to the School District a report of the City's projections for development and redevelopment in the forthcoming year, amendments to the City's 5 year road plans, 5 year utility plans, 5 year plans for parks, fire protection, and public safety, etc. (page 48). 12. The agreement provides a process for school siting and limitations on site plan review and sets forth specific access standards for elementary, middle and high schools (pages 49, 50, 51, 52 and 53). 13. The term of the agreement is for 5 years and contains an automatic 5-year renewal if no one objects. The agreement can be amended by written agreement of 51% of the parties. The agreement may be terminated if75% file a written notice within a 90- day period. The agreement can be suspended if 33% of the cities agree and TAG recommends suspension. Please contact me if you have any questions. cc: Paul Dorling, Acting Director of Planning & Zoning ----N. E. 22ND STREET---- --TANGERINE TRAIL- EXHIBIT B SEACREST ATHLEJ', lC FACILITIES: ATLANTIC SENIOR HIGH SCHOOl PHASE ONE · o[ Areas Description of Areas Sq. Ft. Per Unit Sq. Ft. Total 2 [Dressing Room 1,050 2,100 2 Locker 175 350 2 Restrooms (student) t 75 350 2 Shower (studenl) 175 350 2 Drying 175 350 2 Teacher Toilet/Shower 66 132 2 Laundry/Towel 175 350 Weight Room 1,000 Wrestling Room 1,680 Gymnastics 1,0S0 First Aid 260 2 Teacher Planning for 5 Teachers 1 SO ' 300 Custodial Storage 25 Training Room 250 PHASE I PROGRAM INCLUDES: Subtotal Net Square Feet 8,547 · Total Site Development of Parking, Landscaping, Drainage, Mechanical @ 6% 513 Underground Utililies & Services for both Phases I & Il. Phase [ Total Net Square Feet 9.060 · Phase II Schematic Design (30%). Circulation. Walls. Etc. @ 34% 3.080 · Equipment, HVAC, & Electrical Rooms for Phase II wiH be included in Phase I Building. Phase 1 Gross Square Feet 12,140 PHASE II # of Areas Description of Areas Sq. Ft. Per Uait Sq. Ft. Total Gymnasium Flooor 6,800 PE Storage 788 Gymnasium Seadng (2,000) 6,a00 Gymnasium Storage 260 Lobby 850 Concessions 200 2 Ticket Booth 30 60 Public/Student Toilers 1,536 Custodial Storage 25 Subtotal Net Square Feet 16,919 Mechanical @ 6% 1.015 Total Net Square Feet 17,934 Circulation, Walls, Etc. @ 34% 6.098 Phase II Gross Square Feet 24,032 Project Total Gross Square Feet 36.172 EXHIBIT C Ch. 235 EDUCATIONAL FACILITIES tions by either general or special law. Each agency conducting inspections shall use the standards adopted by the Commissioner of Education in lieu of, and to the exclusion of, any other inspection standards prescribed either by statute or administrative rule, the provisions of chapter 633 to the contrary notwithstand- ing. The agency shall submit a copy of the inspection report to the board. Ob) In addition to school board inspections, the applicable local fire control authority shall also annually inspect educational facilities within its fire control dis- trict, using the standards adopted by the Commissioner of Education. Reports shall be filed with the school board, and a copy shall be on file with the local site administrator. (3) CORRECTIVE ACTION.--Upon failure of the board to take corrective action within a reasonable time, the agency making the inspection may request the commissioner to: (a) Order that appropriate action be taken to cor- rect all deficiencies in accordance with a schedule determined jointly by the inspecting authority and the board; in developing the schedule, consideration must be given to the seriousness of the deficiencies and the ability of the board to obtain the necessary funds; or Ob) After 30 calendar days' notice to the board, order all or a portion of the educational or ancillary plant withdrawn from use until the deficiencies are corrected. 142. Ch. 97-190; s. 26. C~1 97-384. 235.061 Standards for relocatables used as class- room space; inspections.-- (1) The Commissioner of Education shall adopt rules establishing standards for relocatables intended for long-term use as classroom space at a public ele- mentary school, middle school, or high school. "Long- term use" means the use of relocatables at the same educational plant for a period of 4 years or more~ These rules must be implemented by July 1, 1998, and each relocatable acquired by a district school board after the effective date of thor rules and intended for long-term use must comply With the standards. The rules shall require that, b~ July 1, 2001, relocatables that fail to meet the standards may not be used as classrooms. The standards shall protect the health, safety, and wel- fare of occupants by requiring compliance with the Uni- form Building Code for Public Educational Facilities or other locally adopted state minimum building codes to ensure the safety and stability of construction and onsite installation; fire and moisture protection; air qual- ity and ventilation; appropriate wind resistance; and compliance with the requirements of the Americans with Disabilities Act of 1990. If appropriate, the stand- ards must also require relocatables to provide access to the same technologies available to similar class- rooms within the main school facility and, if appropriate, to be accessible by adequate covered walkways. By July 1, 2000, the commissioner shall adopt standards for all relocatables intended for long-term use as class- rooms. A relocatable that is subject to this section and does not meet the standards shall not be reported as providing satisfactory student stations in the FIodda Inventory of School Houses. (2) Annual inspections for all satisfactory relocatables designed for classroom use or being occu- pied by students are required for: foundations; tie. downs; structural integrity; weatherproofing; HVAC; electrical; plumbing, if applicable; firesafety; and acces- sibility. Reports shall be filed with the district school board and posted in each respective relocatable in order to facilitate corrective action. History.--s. 27, ch 97-384; s. 13, ch. 99-329 235.062 Reduction of relocatable facilities in use. (1)(a) It is a goal of the Legislature that all school districts shall provide a quality educational environment for their students such that, by July 1, 2003, student stations in relocatable facilities exceeding 20 years of age and in use by a district during the 1998-1999 fiscal year shall be removed and the number of all other relocatable student stations at over-capacity schools during that fiscal year shall be decreased by half. The Legislature finds, however, that necessary mainte- nance of existing facilities and public school enrollment growth impair the ability of some districts to achieve the goal of this section within 5 years. Therefore, the Legis- lature is increasing its commitment to school funding in this act, in part to help districts reduce the number of temporary, relocatable student stations at over- capacity schools. The Legislature intends that local school districts also increase their investment toward meeting this goal. Each district's progress toward meet ng th s goal shall be measured annually by com- paring district fac t es work programs for replacing relocatables with the state capita[ outlay projections for education prepared by the SMART Schools Clearing' house pursuant to s. 235.217(3)(e). District facilities work programs shah be monitored by the SMART Schools Clearinghouse to measure the commitment of local school districts toward this goal. b) For the. purposes of thru section, an "over- capacity school means a schoo the capi al outlay FTE enrollment of which exceeds 100 percent of the space and occupant design capacity of its nonrelocatable facilities. However, if a school's initial design incorpO' rated relocatable or modular instruct onal space, .a~ "over-capacity school" sha I mean a school the cap~ta, outlay FTE enrollment of which exceeds 100 percent o the space and occupant design capacity of its core ~cilities. (2) In accordance with the legislative goal described in subsection (1), any re ocatableS pdr- chased with money appropriated from this act shal be counted at actual student capacity for purposes 235.15 and 235.217 for the life cycle of the relocataO' ' Xistory.--s. 39, ch 97-384 235.09 Obscenity on educationa buildings ~r veh cles.--Whoever willfully cuts, paints, marks, or defaces by writing or in any other manner a r educational building, furniture, apparatus, applian..c~e'r outbuilding, ground, fence, tree, post, vehicle, or educational property with an obscene word, image. 384 1999 fevice is guilty of a n cgree, punishable as 775.083. This section sh grades K-12 subject to th ward. History.--s 909, ch 19355, 193~ 5~ 52 ch 81-223;s ,ch 84 ;3~9 ~n ~1-224; s 35, cb 95-269 235.14 Emergency o [ate and prescribe polio I gency drills for all the pi comprise grades K-12. 235.15 Educational assessment; PECO pr( (1) At least every 5; Board of Regents, sh plant survey, to aid in fc educational program 8 administrators, staff, 8 ¢¢es of the district or ¢ ~f the local compreh ~/orldorce Developme ~dditional career and a :ontinuation of existin ~ruction or renovation ~on may be included if a school district or c career or adult educa by the Division of Wo~ facility needs must inc labor market data, n submitted by the sch¢ (a) Sun/ey preps[ survey shall be cond~ employed by the boar aPproved by the boar~ ted to the commiss inClude at least an inv, a~cillary plants; recoi liOna[ and ancillary P ~iucational or ancilL location of each in cc Campus master plan c~lieges; the utilizati eXtended school day Other information as r State Board of Er ~rnended, if conditic T~ard or commissior Ob) Required ne~ ~munity college, , 1997, mus in 1998, mu this paragra 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 ENROLLED 2000 Legislature CS for CS for CS for SB's 852, 2 & 46 3rd Engrossed educational facility as defined in s. 235.011(6). After the initial submission of the floorplans and other relevant documents, the community college president shall submit, by October 1 of each year, revised floorplans and other relevant documents for each educational facility that was modified during the preceding year. Section 21. Section 235.2157, Florida Statutes, is created to read: 235.2157 Small school requirement.-- (1) LEGISLATIVE FINDINGS.--The Legislature finds that: (a) nation. (b) Florida's schools are among the largest in the Smaller schools provide benefits of reduced discipline problems and crime, reduced truancy and gang participation, reduced dropout rates, improved teacher and student attitudes, improved student self-perception, student academic achievement equal to or superior to that of students at larger schools, and increased parental involvement. (c) Smaller schools can provide these benefits while not increasing administrative and construction costs. (2) DEFINITION.--As used in this section, "small school" means: (a) An elementary school with a student population of not more than 500 students. (b) A middle school with a student population of not more than 700 students. (c) A high school with a student population of not more than 900 students. (d) A school serving kindergarten through grade 8 with a student population of not more than 700 students. 30 CODXNG:Words ot=i~k=~ are deletions; words underlined are additions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 ENROLLED 2000 Legislature CS for CS for CS for SB's 852, 2 & 46 3rd Engrossed (e) A school serving kindergarten through grade 17 with a student population of not more than 900 students. A school on a single campus which operates as a school-within-a-school, as defined by s. 230.23(20), shall b~ considered a small school if each smaller unit located on th~ single campus meets the requirements of this subsection. (3) REQUIREMENTS.-- (a) Beginning July 1, 2003, all plans for new educational facilities to be constructed within a school district and reflected in the 5-year school district facilities work plan shall be plans for small schools in order to promote increased learning and more effective use of school facilities. (b) Small schools shall comply with all laws, rules, and court orders relating to racial balance. (4) EXCEPTIONS.--This section does not apply to plans for new educational facilities already under architectural contract on July 1, 2003. Section 22. Subsections (29) and (57) of section 984.03, Florida Statutes, are amended to read: 984.03 Definitions.--When used in this chapter, the term: (29) "Habitually truant" means that: (a) The child has 15 unexcused absences within 90 calendar days with or without the knowledge or justifiable consent of the child's parent or legal guardian, is subject to compulsory school attendance under s. 232.01, and is not exempt under s. 232.06, s. 232.09, or any other exemptions specified by law or the rules of the State Board of Education. 31 CODXNG:Words ot~i~k=,'~ are deletions; words underlined are additions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ENROLLED 2000 Legislature CS for CS for CS for SB's 852, 2 & 46 3rd Engrossed (e) With respect to elementary school students whose grade level does not exceed grade 6, by reason of being subjected to hazardous walking conditions en route to or from school as provided in s. 234.021. Such rules shall, when appropriate, provide for the determination of membership under this paragraph for less than 1 year to accommodate the needs of students who require transportation only until such hazardous conditions are corrected. Any funds appropriated in the 2001-2002 General Appropriations Act for student transportation that are in addition to the funds provided in the 2000-2001 General Appropriations Act for student transportation and that are not designated in the 2001-2002 budget workpapers as funds provided for student enrollment growth shall be used to fund students transported according to s. 234.01(1) (b), including those transported by school district option; and Section 29. This act shall take effect July 1, 2000. 39 are deletions; words underlined are additions. School Concurrency Fact Sheet EXECUTIVE SUMMARY Since 1998 the School District has been working with Palm Beach County and the Municipalities of Palm Beach County to develop an Intedocal Agreement that would provide for a coordinated planning effort between the agencies, to ensure that the plans for the construction and opening of public educational facilities are coordinated in time and place with plans for growth in new students from both existing communities and new residential development. The Public School Concurrency Interlocal Agreement establishes a process for a coordinated planning effort; the requirement for a financially feasible public school capital facilities program; and establishment of level of service standards for public schools. By entering into the Interlocal Agreement, the School District is agreeing to: > prepare, implement, and annually update a financially feasible Five Year Capital Facilities Plan containing enough capacity each year to meet projected growth in demand for student stations so as not to exceed the adopted level of service for each year; (p 14) > institute program and/or boundary adjustments as necessary to maximize utilization of capacity; provide the County and municipalities with required data and analysis to support their comprehensive plans and amendments relating to school concurrency; (p. 13) adopt a 10 and 20 year work program consistent with the requirements of this Ag~-eement; prepare reports on enrollment and capacity; (p.16) review applications for new residential development for compliance with concurrency standards; maintain and publish data as required for the review of proposed new residential developments; review mitigation proposals; (p. 27) provide secretarial staff support for meetings of the Technical Advisory Group (TAG); (p. 14) coordinate planning with the County and municipalities regarding population projections, school siting, projections of development and redevelopment for the coming year, infrastructure required to support public school facilities, and amendments to future land use plan elements. (p. 45) By entering into the Intedocal Agreement, the County and each municipality are agreeing to: > adopt an implementing ordinance consistent with the requirements of the Agreement and their comprehensive plans; (p. 26) not issue any site specific development orders for new residential units until the School District has reported that there is school capacity available to serve the development being approved consistent with the requirements of the Agreement; (p. 12) coordinate planning with the School District regarding population projections, school siting, projections of development and redevelopment for the coming year, infrastructure required to support public school facilities; and (p. 45) Amend the Future Land Use Element and Capital improvement Element. (p. 26) · Letter of determination (response to developer) of compliance issued within 15 days; if not in compliance a 90 day negotiation period is offered. (see p. 32) · Development order (DO) information used for determination of concurrency (see p.26) · Certificates of occupancy (CO's) will be received twice per year for actual student projections for the 5 Yr Plan.(see p. 47) · The Technical Advisory Group (TAG) consists of 5 members, including a planner, a G.C., a demographer, a CPA and a business person. (see p.38) · Mediation of disputes - 20 day informal resolution pedod; or PBC Issues Forum protocols (1993); arbitration through PBC Issues Forum; or petition the court. (see p. 44) · Population projections will be based on BEBR and municipal information. (see p.45) · The Agreement takes into account the inclusion of new parties to the agreement through a Unilateral Participation Agreement form that has been attached in the exhibits. (see p. 59) · A term for nullification of the agreement has been added if all parties do not sign the agreement in a time certain. (see p. 61) The basic plan presented on November 30, 1998 has not changed. It requires the parties to work together to plan, construct, and modernize schools when an:d where needed to accommodate expected growth in new students, regardless of when the growth occurs in existing areas or new developments and to modernize our older schools. There is no legal requirement for any party to participate. There are 26 municipalities that must approve the plan for this to become a reality in our county. It is a local option and must be voluntarily entered into. For More Information: 1) Specific Responsibilities o[ the Parties Section II-C, pages 12-16 Capital Improvement Plan Section III, pages 14-18 School District Review of Residential Development Proposals. Section V-E, pages 27-35 Suspension of Concurrency. Section V-G, pages 35-37 Monitoring - Technical Advisory Group. Section VI, pages 37~,2 2) 3) 4) 5) COMPARISON OF THE BENEFITS AND CHALLENGES OF SCHOOL CONCURRENCY Allows the entire community to work together to provide permanent space for all of the students of Palm Beach County. Not issue a site specific Development Order until the School District has determined that there is capacity available to serve the proposed residential development. Prior to the approval of a mitigation plan, the local Additional staff time for coordinated review with school government shall have the opportunity to review the planning staff. mitigation options. Any party to the agreement may request a School Capacity Study at any time. Any party to the agreement may request a Program Evaluation Report at any time. Language that defines exempt properties has been clarified. The Development Review Process is understandable and greatly simplified. School District shall provide concurrency determination within 15 working days of receipt of development application based on its CSA and adjacent CSAs' capacities. School District provides permanent seats for municipalities' students by eliminating existing deficits. Local governments have input into future school siting based on land uses. Local governments may prohibit school sites where a site is inconsistent with land use categories; and may impose reasonable development standards in accordance with state statutes. Annually, the School District will update its financially feasible capital plan to meet projected growth. Ability for municipalities to have a role in the School District's decision-making process. Planning for new schools xvill be able to begin at the earliest possible point in the development process. School facilities are planned for and available at the time of the residential development impacts. H:\DATA\WP51 \DOC\CONCRNC¥\BASICS\PR. OCON WDD BSN ENTERPRISES, Inc. July 25, 2000 Ms. Susan Ruby, Attorney City of Delrey Beach 100 N.W. FirstAvenue Delrey Beach, FL 33444 Re: Public School Concurrency Interlocal Aqreement Dear Ms. Ruby: Enclosed you will find a copy of the Public School Interlocal Agreement that was executed by the Palm Beach Board of County Commissioners on June 6, 2000 and by the School Board on June 14, 2000. The Interlocal Agreement has also been unanimously recommended for approval by the Board of Directors of the League of Cities. I am enclosing the listed support documents and Exhibits for your information. This executed copy of the Interlocal Agreement reflects the consensus work of elected officials, the attorneys representing the League of Cities, School Board and County, as well as the planning staffs of many of the municipalities, County, and School District. Upon receiving the fully executed Interlocal Agreement, the County will seek a Notice of Intent of whether the school concurrency plan is in compliance with the Department of Community Affairs. Therefore, I am requesting a meeting with each municipal body to execute the Interlocal Agreement as soon as possible. In order to facilitate the transmittal and adoption process for each local government and to implement school concurrency with the greatest assurance of consistency and timeliness, the County's adopted Public School Facilities Element and Capital Improvement Element amendments will be distributed for the use of each municipality. If you would like a revised draft of the Public School Facilities Element which responds to the issues of the Department of Community Affairs, prior to the County being found in compliance, please call Isaac Hoyos at 233-5347. look forward to discussing any questions you may have. Please call me at 346-0139. L~ble'"..~Enc: CopycS ~::ieC:~eC:~i;~c;u~::Ssulthaon~, Concurrency Interlocal Agreement CSA Tables The Public School Concurrency Executive Summary H:\DATA\WP51 \DOC\CONCRNCY~lUNSCH\GENCORR\LN725 1713 Flagler Manor Circle * West Palm Beach, Florida 33411 * 561-346-0139 * Fax 561-790-0898 Ms. Susan Ruby, Attorney July 25, 2000 Page Two CC: Members of the School Board of Palm Beach County Dr. Benjamin Marlin, Superintendent of Schools, The School District of Palm Beach County Edward Oppel, Chief Operating Officer, The School District of Palm Beach County William Malone, Chief of Facilities Management, The School Distdct of Palm Beach County Linda Hines, Director, Planning and Real Estate, The School District of Palm Beach County Allen Watts, Esquire, Counsel, The School District of Palm Beach County Members of the Board of County Commissioners Robert Weisman, County Administrator, Palm Beach County Barbara AIterman, Assistant County Attorney, Palm Beach County Frank Duke, Director of Planning Division, Palm Beach County Maria Bello, Principal Planner, Planning Division, Palm Beach County Isaac Hoyos, Senior Planner, Planning Division, Palm Beach County Jamie Titcomb, Executive Director, The League of Cities John Corbett, Esquire, Counsel, The League of Cities Jeanne Mills, AICP, Senior Planner for Concurrency, The School District of Palm Beach County 1713 Flagler Manor Circle * West Palm Beach, Florida 33411 * 561-346-0139 * Fax 561-790-0898 ]OITN CORBETT TRELA J. WHITE BRADLEY W. BIGGS ATTORNEYS AT LAW FLAGLER CENTER TOWER 505 SOUTH FLAGLER DRIVE SUITE 1003 MEMORANI)UM AKE~. CODE 56 t TELEPHONE 6594)804 TELECOPIER 659-3375 TO: MUNICIPALITIES REQUIRED TO SIGN SCHOOL CONCURRENCY INTERLOCAL AGREEMENT SCHOOL CONCURRENCY DOCUW[ENTS DATE: AUGUST 11, 2000 You have received a package of documents fi-om Leo Noble relating to school concurrency. Specifically, Leo has sent you a copy of the Interlocal Agreement executed by the County and School Board, Concurrency Service Area Tables and a "School Concurrency Fact Sheet - Executive Summary". You have not yet received the County's Public School Facilities Element, which you need in order to see the boundaries of the concurrency service areas and the tiered level of service numbers; the School District's Five-Year, Ten-Year and Twenty-Year Capital Facilities Plans; and the table from the Five-Year Plan that you need to include in your Capital Improvement Element. You will need the Capital Facilities Plans if you want to evaluate the school building program in and around your jurisdiction. Leo Noble told me that the Capital Facilities Plan information and tiered level of service tables should be sent to you by the end of next week. The Public School Facilities Element should follow in about another week. This memorandum will describe the concurrency program; present the schedule for adoption and implementation; identify and discuss the changes to the Interlocal Agreement since the version you saw last November; and discuss a new school size issue. A more detailed overview of the Agreement provisions and the responses to the technical issues raised in my November memorandum are contained as Attachments B and C to this memo. This memorandum is organized as follows: Introduction Page 2 Concurrency Program Overview Page 3 Schedule for Adopting and Implementing School Concurrency Page 4 Status of Policy and Technical Issues From November Memo Page 6 New School Size Issue Page 7 Conclusion Page 7 August 11, 2000 Page 2 Municipalities Required To Sign Inteflocal Agreement Overview of Inteflocal Agreement Status of All Technical Issues From November Memo Attachment A Attachment B Attachment C ~TRODUCTION Leo Noble has done a very good job addressing most of the concerns regarding the Interlocal Agreement that were raised in my November 23, 1999 memorandum. The current Interlocal Agreement is much better organized and much more detailed than the draft you saw in November. Some additional issues raised by individual municipalities since November have also been addressed. Most notably, Article IV, Section A.2. on page 19 now specifies that a local government has no obligation or responsibility for funding the School District's Capital Facilities Plan by virtue of the local government adopting the Capital Facilities Plan into its Capital Improvement Element. The County Commission and School Board have executed the Interlocal Agreement. The League of Cities' Board of Directors has endorsed the concept of the concurrency program contained in the Interlocal Agreement. The League Board did not take any position on the actual Interlocal Agreement, since the League is not a party to the Inteflocal Agreement. Twenty six (26) municipalities must sign the Agreement for school concurrency to be implemented. If any one of the required municipalities does not sign the Inteflocal Agreement, school concurrency can not occur. A list of the twenty six municipalities that must execute the Inteflocal Agreement is included as Attachment A. Each municipal party should make its own independent evaluation of the program prior to agreeing to execute the Interlocal Agreement. By executing this Agreement, each municipality is committing to do the following things: 1. Amend its comprehensive plan to add a Public Schools Facilities Element; and Incorporate the School District's Capital Facilities Plan into its Capital Improvement Element and update it yearly; and If it has not already done so, amend its Intergovernmental Coordination Element to comply with the requirements of Section 163.31177(6)(h) 1.and 2., Florida Statutes; and Adopt its own school concurrency ordinance or be automatically bound by the County's implementing ordinance; and Refrain from the issuance of any development orders for new residential August l 1, 2000 Page 3 development until the School District reports that there is adequate school capacity to serve the development; and Coordinate planning with the School District regarding population projections, school siting, projections for development and redevelopment for the coming year, infrastructure required to support public schools, and review of amendments to the future land use elements of the municipality's comprehensive plan. It is important to note that the Agreement specifies the review process that each municipality will use when a school project is proposed within that municipality. (See Article vm, Section G, beginning on page 49) CONCURRENCY PROGRAM OVERVIEW The concurrency program is based on the establishment of a level of service for schools that the School District can attain and maintain. The County has been divided into twenty one (21) concurrency service areas (CSAs) for use in the concurrency program. These CSAs are used in the review of new residential developments. The proposed school concurrency program contains a tiered level of service (LOS) until August 1, 2004. This tiered level of service is established for each CSA and does not apply to individual schools. During this time period, an individual school may operate at a more crowded level than the adopted tiered level of service as long as the CSA meets the tiered level of service. The actual tiered level of service numbers are not contained in the Interlocal Agreement. They are included in the Public School Facilities Element, which has not been sent out yet. Leo will be forwarding you the tiered level of service tables from the Element within the next couple of weeks. The permanent level of service will be applied beginning on August 1, 2004. The permanent level of service is 110% of capacity for each CSA and for every individual school. In other words, a school or CSA can not have more students than 110% of the capacity of the school or CSA. The level of service can be increased to up to 120% if the Technical Advisory Group recommends the increase after a School Capacity Study. The level of service provisions begin on page 23 of the Interlocal Agreement. The concurrency program depends on the School District's commitment to adopt a financially feasible capital plan for school construction. In order for the School District's capital plan to be financially feasible, it must provide enough capacity for existing needs and for the projected new students each year, and must demonstrate that no school or CSA will exceed the adopted level of service in any year. As a result, the School District will be building enough new capacity each year to relieve any crowding in existing schools and to accommodate the total projected yearly increase in students. August 11, 2000 Page 4 Since the School District will be building enough new capacity yearly to accommodate the new students that are projected to be coming into the school system each year, the only reasons that any new development would be stopped by the school concurrency program are the following: 1. a totally unexpected increase in the total number of new students entering the school system in a given year; or 2. the School District building new capacity in different areas than it is needed. If there is an unexpected increase in the number of new students in any year, the School District will be obligated to program additional capacity into its Five-Year Capital Facilities Plan to accommodate the increase in students. If available capacity is not located where the growth in students occurs, the School District is obligated to amend its Capital Facilities Plan or make program or boundary adjustments to ensure that the adopted level of service is attained and maintained. In other words, the School District is required to maximize its utilization of available capacity to meet the adopted level of service. The program uses coordinated planning to help ensure that the School District builds new capacity where it is needed. Each local government must provide the School District with projections for development and redevelopment, which the School District will consider in developing its yearly update to the Five-year Capital Facility Plan. Leo has provided you with tables for each of the twenty one CSAs, showing the schools in the CSA; the projected enrollment for the current year and next five years in each school; the capacity of each school for each year; and the utilization percentage, or level of service at which each school is projected to operate during each year. The totals for each are computed by elementary, middle and high schools in order to determine the projected level of service for each CSA for each school type. The CSA tables demonstrate that each CSA is projected to operate at or below the adopted level of service beginning in Fiscal Year 04/05, or by August 1, 2004. The CSA's should also operate at or below the tiered levels of service prior to that date. These projections can be verified once the tiered level of service tables are provided. Since the projected enrollment figures for each year include the students that would be generated by new residential development, all new residential development has been accounted for during the five year planning period. SCHEDULE FOR ADOPTING AND IMPLEMENTING SCHOOL CONCURRENCY There are three steps for adopting and implementing school concurrency: 1. the execution of the Interlocal Agreement; August 11, 2000 Page 5 2. the adoption of the required comprehensive plan amendments; 3. the adoption of an implementing school concurrency ordinance. The timetable for each is discussed below. Interlocal Agreement The execution of the Interlocal Agreement is the first step in the process. The County and School District have both signed the Inteflocal Agreement. All twenty six (26) required municipalities must now sign it. Once the Interlocal Agreement becomes effective, all parties have committed to complete the next two steps and implement school concurrency. The Interlocal Agreement becomes effective once all of the required parties execute the Inteflocal Agreement and it is filed with the Clerk of the Court. If all of the required municipalities do not execute the Interlocal Agreement by July 1, 2001, the Inteflocal Agreement is null and void and school concurrency will not be implemented. (See Article XVI, Section B. on page 61) An overview of each Article of the Interlocal Agreement is contained as Attachment B. Comprehensive Plan Amendments Each local government must adopt a Public Schools Facilities Element; amend its Capital Improvement Element to include the School District's Capital Facility Plan and to provide for school concurrency in its concurrency management system; and amend its Intergovernmental Coordination Element if it has not already done so to meet the requirements of Section 163.3177(6)(h) 1. and 2., Florida Statutes. These amendments must be adopted within one year of the effective date of the Interlocal Agreement. (See Article II, Section B on page 11) Once all of the required parties execute the Inteflocal Agreement, the County will adopt its Public Schools Facilities Element and Capital Improvement Element amendments and send them to the Department of Community Affairs (DCA) for a compliance determination. After DCA finds the County elements in compliance, each municipality could pattern its Public Schools Facilities Element after the County's. This should expedite DCA's review of the element and increase the likelihood that the element would also be found in compliance by DCA. Of course, each municipality is free to adopt whatever type of Public Schools Facilities Element it desires as long as the element is consistent with the Interlocal Agreement and Rule 9J-5.025, Florida Administrative Code. August 11, 2000 Page 6 Implementing Ordinance Within 90 days of the last required party's comprehensive plan amendment becoming effective, each local government must adopt an ordinance implementing school concurrency. Any local government that does not adopt its own ordinance will be deemed to have opted into the County's ordinance and the County's ordinance will apply within that municipality until the municipality adopts its own ordinance. (See Article V, Section E. on page 26) Commencement of School Concurrency School concurrency will commence ninety (90) days after the effective date of the last required local government's comprehensive plan amendments. STATUS OF POLICY AND TECHNICAL ISSUES FROM NOVEMBER MEMO I raised numerous policy and technical issues in my November memorandum. Leo Noble was very responsive in addressing the technical issues. I have included the technical issues portion of the November memorandum and the changes to the Interlocal Agreement that address those issues in Attachment C. The policy issue regarding the term and termination of the Agreement has been addressed in this Interlocal Agreement. The November draft did not have a set tenn. The Interlocal Agreement now has a set term of five years, renewable for an additional five year term. The Agreement will not be renewed if any one party does not desire to continue to participate at the conclusion of the initial five year term. Any party can elect to end the program by providing the other parties with written notice no sooner than 90 days prior to the end of the five year term. (See Article XIII on page 59) Leo Noble attempted to address the policy issue regarding suspension of concurrency. In the November draft, 33% of the parties could suspend concurrency if the program was not working as intended. This suspension could occur only after the Technical Advisory Committee recommended suspension. This provision essentially gave the Technical Advisory Committee veto power over whether the parties could suspend concurrency if the parties believed the concurrency program was not working as planned. To address this concern, Leo amended the Inteflocal Agreement to require a non-binding TAG recommendation prior to concurrency being suspended by 33% of the parties. However, the County Commission amended the Agreement to put back in the requirement that TAG must recommend suspension prior to the parties being able to vote to suspend it. The other two policy issues identified in the November memorandum were the existence August 11, 2000 Page 7 of an interim or tiered level of service and indemnification language. There have been no substantive changes to the Inteflocal Agreement on these issues. NEW SCHOOL SIZE ISSUE The School District is required by both state law and the Interlocal Agreement to adopt a financially feasible Five-Year Capital Facilities Plan for school construction that adds enough capacity to achieve and maintain the adopted level of service for each school and each CSA. The current School District Five-Year Capital Facilities Plan is based on large schools. However, the legislature passed a new law mandating that all schools to be constructed after July 1, 2003 must be small schools. [See Section 235 2157, Florida Statutes (2000), added by Chapter 2000-235, Laws of Florida; (Senate Bill 852)] The following chart illustrates the difference in school size between the current Five-Year Capital Facilities Plan and the new small school requirements: Elementary School (students) Middle School (students) High School (students) Current Plan Small School Requirement 970 500 1,300 700 2,500 900 Therefore, the School District will have to address this new small school requirement in its Five-Year Capital Facilities Plan for any school to be constructed after July 1, 2003. The School District may either amend its plan to provide for more schools of the smaller size or provide that each large school will contain schools-within-a-school. The schools-within-a- school concept essentially means that a large school is effectively subdivided into smaller sized schools within the large facility· The definition ora "school-within-a-school" is contained in Section 230·23 (20), Florida Statutes (2000), which is included in Chapter 2000-235, Laws of Florida. The School District must resolve how it will deal with this issue prior to any local government being able to transmit its amendment to the Capital Facilities Element, since the element must be consistent with the requirements of state law. CONCLUSION The Interlocal Agreement that is before you is a marked improvement over the one sent to you in November· It addresses all of the significant technical issues and the most important policy issue raised in my November memorandum· The procedures that the School District will use to evaluate new developments are spelled out in much greater detail in this version of the Intedocal Agreement. Other issues raised by individual municipalities have been addressed. August 11, 2000 Page 8 Leo Noble has been very responsive in addressing the municipal concerns that have been raised by the League on behalf of all municipalities. However, I would urge each municipality to independently review the school concurrency program and the documents that you will be executing and adopting to ensure that you are clear on how the school concurrency program will impact your jurisdiction. ATTACHMENT A MUNICI?ALITIES REQUIRED TO SIGN INTERLOCAL AGREEMENT 2. 3. 4. 5. 6. 7. 8. 9. I0. 11. 12. 13. City of Atlantis City of Belle Glade City of Boca Raton City of Boynton Beach City of Delray Beach City of Greenacres Town of Haverhill Town of Hypoluxo Town of Juno Beach Town of Jupiter Town of Lake Clarke Shores Town &Lake Park City of Lake Worth 14. 15, 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Town of Lantana Village of North Palm Beach City of Pahokee Town of Palm Beach City of Palm Beach Gardens Town of Palm Beach Shores Village of Palm Springs City of Riviera Beach Village of Royal Palm Beach City of South Bay V'fllage of Tequesta Village of Wellington City of West Palm Beach ATTACHMENT B OVERVIEW OF INTERLOCAL AGREEMENT The Inteflocal Agreement contains sixteen (16) articles and five exhibits. Each is briefly described below. Arlicle I Definitions (Pages 5-9) This Article contains the definitions used throughout the Interlocal Agreement. Definitions for "Level of Service", "Permanent Student Stations", "Required Modernizations", "Residential Development", and "School District of Palm Beach County Six Year Capital Improvement Schedule" have been added since the November draft. The most significant of these is the "Required Modernizations" definition, which requires a comprehensive evaluation of schools that are 35 years or older for a determination of the need for rehabilitation, remodeling, or replacement. The "School District of Palm Beach County Six Year Capital Improvement Schedule" is the document that each municipality must adopt as part of its Capital Improvements Element. The "Level of Service" definition contains an example of how the level of service or utilization ora facility is calculated. The definition of"Maximum Utilization of Capacity" has been clarified to specify that facilities must be utilized to ensure the adopted level of service is maintained for both the concurrency service areas (CSAs) and each individual school. The definition of "Site Specific Development Orders" was amended to include Developments of Regional Impact in the list of approvals. Article H School Concurrency Overview (Pages I0 - 14) This Article summarizes the responsibilities of the various parties in the school concurrency program. There were two important clarifications added to this Article. First, Section B now specifies that each local government agrees to adopt the required comprehensive B-1 plan amendments within one year of the Interlocal Agreement becoming effective (as soon as the last party signs it and it is recorded with the clerk of the court). Second, the responsibility of the School District to meet the requirement to maximize utilization of capacity is clarlfied to require that the CSAs and each individual school must operate at the adopted level of service. [See Section C.2.(b) on page 12] Article III Capital Improvement Plan (Pages 14-19) This Article requires that the School District adopt and update its Five-Year Capital Facilities Plan by September 15 of each year. The Plan must be financially feasible and must add sufficient capacity to achieve and maintain the adopted level of service yearly for all schools of each type in each CSA and each individual school. The School District must maintain the adopted level of service by either adding new capacity or instituting program or boundary adjustments to ensure that all schools will operate at the adopted level of service. A review process for the yearly update is provided. The School District is permitted to make material amendments to its adopted plan if certain specified findings are made. Article IV Comprehensive Plan Amendments (Pages 19-21) This Article describes the process for the development and adoption of the Capital Improvement Element and Public Schools Facilities Element. Article V School Concurrency Program (Pages 21-37) This Article details how the school concurrency program will be conducted. The school concurrency program will commence 90 days after the effective date of the last required local government comprehensive plan elements required for school concurrency. Tiered levels of service will apply until August 1, 2004. The actual tiered levels of service for each CSA is contained in the Public Schools Facilities Element. After August 1, 2004, the level of service B-2 specified in Section C.2. shall apply. Section E provides that each local government will either adopt its own school concurrency ordinance prior to the commencement date for school concurrency or be subject to the County ordinance until the municipality adopts its own. Section F details how the School District will review new residential developments. Section H provides for the suspension of concurrency if various events occur. Article VI Monitoring (Pages 37-44) A Technical Advisory Group (TAG) is established in this Article. The TAG monitors the school concurrency program through annual monitoring reports and program evaluation reports. Program evaluation reports may be requested by any party. Article VII Mediation of Disputes (Pages 44-45) This Article provides a mechanism for the mediation of disputes between the parties. Article VIII Coordinated Planning (Pages 45-55) The coordinated planning component of the program is spelled out in this Article. Methods for sharing information and utilizing it in the planning process are specified. Section G establishes the process the School District and local government will follow when a school construction project is proposed. Article IX Special Provisions (Pages 55-57) This Article acknowledges the School District's constitutional and statutory obligations and the land use authority of the local governments. Section C gives each party the right to petition the circuit court for specific performance of the Agreement. Article X Acts of God and Other Exigent Circumstances Beyond the Control of the School Board (Pages 57-$8) This Article gives the School District the fight to deviate from the agreed upon Five-Year Capital Facilities Plan when confronted with an Act of God or other unanticipated circumstances. In those instances, the School District would not be considered in violation of the Agreement, but school concurrency would be suspended. Article XI Standing and Third Party Beneficiary Rights (Page 58) This Article acknowledges that no third party rights are created through this Agreement. Article XII Amendment, Withdrawal and Termination (Pages 58-39) Section A allows the Agreement to be amended by written agreement of $1% of the parties. The Agreement may be terminated by 75% of the parties filing written notice within any ninety (90) day period~ Provisions for the deletion of parties no longer required to participate and the addition of parties that become required participants is provided in Sections B and C. Article XIII Term of the Agreement (Page 59) The Interlocal Agreement has a five year term, and will automatically be renewed for an additional five year term as long as no required party objects in writing to the renewal. The written objection must be sent to the other parties no sooner than 90 days prior to the expiration of the term. Ifa required party objects to the renewal, the Agreement will end at the conclusion of the initial five year term. B-4 ArticleXIV Indemnification ofthe Parties (Pages59-60) This Article provides for indemnification by the School District and by the local governments for acts totally within an individual party's control· Article XV Multiple Originals (Page 60) The Article provides that the Agreement may be executed in counterparts. Article XVI Effective Date of the Agreement (Page 61) The Agreement shall be effective upon its execution by the last required party and its filing with the Clerk of the Circuit Court. If all of the required parties do not sign the Agreement by July 1,2001, the Agreement is null and void as to the parties that have previously signed it. Exhibit A Comprehensive Plan Amendment Coordinated Review Interlocal Agreement, October, 1993 The Inteflocal Agreement is included since its mediation provisions are referenced in Article VII, Mediation of Disputes on page 44. Exhibit B Implementing Ordinance Elements This exhibit contains the elements that must be included in every school concurrent~ implementing ordinance. Exhibit C Participation Agreement This unilateral participation agreement will be utilized by any municipality that become a B-5 required party to this Agreement in the future. This agreement provides a mechanism whereby the new municipal party executes a binding document without the necessity of all other parties having to execute an amendment to the Interlocal Agreement. This approach has been successfully used in the Multi-Jurisdictional Issues Forum and Comprehensive Plan Amendment Coordinated Review Interlocal Agreements. Exhibit D Student Generation Multiplier Table The student generation multiplier table is used to determine how many new students will be generated by each new dwelling unit. TNs table is referenced on page 29 of the Interlocal Agreement, which details how the School District will review applications for new developments. Pursuant to Article VIII, Section E, on page 48, this table will be updated by the School District sixty days prior to the implementation of concurrency. The table will be updated upon the renewal of this Inteflocal Agreement Exhibit E Projected Units Table This table lists the number of new units projected for each CSA during the current year and next five years. The population projections are converted to both existing and new residential units and the new units are assigned to each CSA. The table will be updated annually. See Article VIII, Section B on page 46 for a discussion of how this table is prepared. See Article V, Section F on page 29 for a discussion of how the table is used in the development review process. B-6 ATTACHMENT C STATUS OF TECHNICAL ISSUES RAISED IN NOVEMBER 23, 1999 MEMO The following technical issues were raised in my November 23, 1999 Memorandum on the School Concurrency Interlocal Agreement. Since that time, I have had numerous opportunities to meet with Leo Noble to resolve these issues. Almost all have been addressed. The November 23ra memo language is in regular type and the changes made to the Interlocal Agreement to address the issue are in italics. Article II 1. What Intergovernmental Coordination Element amendments are being required? (This same comment applies to Article IV also) The Agreement now references the statutory requirements for the Intergovernmental Coordination Element. (See Section B. 2. on page 11 and Section C on page 20 2. As detailed earlier in this memo, the date &June 30, 2000 for amending comprehensive plans may not be realistic given hearing schedules and statutory time frames. (This same comment applies to Article 1V also) The date has been removed. Each local government must now amend its comprehensive plan within one year of the Interlocal Agreement becoming effective. The Interlocal Agreement becomes effective when the last party signs it and it is filed with the Clerk of the Court. (See Section B on page 11 attd Section B. 1. on page 20) Article m 1. The target level of se~wice is designed to make sure the School District maximizes utilization of capacity as required by law. Is the language clear enough to adequately define this target level of service the commitment the School District is making to maximize utilization of capacity? The language referencing a target level of service has been removed Much clearer language on maximum utilization of capacity is included in Section A.5. on page 15. 2. The School District is required to adopt a financially feasible five year plan that must be included in each local government's capital improvement element. This requirement is designed to provide certainty to the parties as to which schools will actually be constructed by the School District. However, Section G of Article III allows the School District to amend its adopted Five-Year Capital Facilities Plan by making certain findings. Thus, consider the following: A. What happens to adopted local government plans that have already included the School District's Five-Year Plan if the School District amends the plan? Section G on page 18 now specifies that if the School District amends the plan, the local government must amend its capital improvement element in its next round of amendments. B. Is finding (b) on page 16 so broad as to make the plan too flexible? Article IV 1. Finding (b) now includes language that the School District can not make a change to the plan that would result in the level of service being exceeded in the CSA from which the original platmed project is modified, delayed or deleted (See Section F. 1. (b) on page 18~ Should the model element in Exhibit A be generic rather than the County's element? C-2 The reference to a model element has been deleted (See Section B. 1. on page 20) Article V 1. The School District is required to maximize utilization of capacity so that some schools are not overcrowded while others have available capacity. Is the language in paragraph 5 on page 20 clear enough on what the School District is obligated to do? The language on maximum utilization of capacity has been removed from this Article and inserted in Article HI. The new language requires that the School District ensure that all schools of each type in each CSA and each individual school operate at the adopted level of service when it adopts its annual update to the Five-Year CapitaI Facilities Plan. (See Article III, Section 5 on page 15) 2. Is the level of service expressed in Section B clear enough as it relates to individual schools? Section B has been re-lettered Section C and ntnv clearly specifies that the level of service applies to the overall CSA and each individual school. (See Section C on page 23) 3. Paragraph 3 on page 21 allows school capacity studies in order to see ifa school could operate at a level of service between 110% and 120%. A. If the study finds that the school can operate at the higher level of service, how is the capacity of the CSA changed for concurrency purposes? The Agreement now provides that the CSA level of service shall be amended a~ each local government must amend its comprehensive plan in the next round of amendments to reflect this additional capacity. (See Section C. 3. on page 24) C-3 B. If the study finds that the school can not so operate, is the language at the end of the paragraph clear enough on when the School District is obligated to correct the failure? The vague language has been deleted The paragraph is now silent on what happens if the school can not operate over 110%. As a result, the provision mentioned above that all schools operate at the adopted level of service would apply. Thus, the School District wottM have to correct the deficiency in its next update to the Capital Facilities Plan. 4. Section D provides that each local government may adopt its own concurrency ordinance or be bound by the County ordinance if it does not adopt its ordinance within 60 days of the effective date of the last comprehensive plan amendment. Is it clear that a municipality may adopt its own ordinance at~er that 60 day period and are there any legal constraints to a municipality "opting out" of the adopted County ordinance once it takes effect in the municipality? This section has been re-lettered as Section E. The time for a municipality to adapt its own ordinance or be bound by the County ordinance has been changed from 60 days to 90 days of the effective date of the last local government's comprehensive plan amendment..4 new sub- paragraph (b) has been added that clarifies that a municipality may opt-out of the County ordinance at any time by adopting its own implementing ordinance. (See Section E. 1.&2. on page 26. 5. Section E describes the concurrency renew process. So that there are no misunderstandings later, every party should have a very clear understanding of exactly how the School District will review development proposals. A. Is this process clearly spelled out so that everyone knows exactly how the C-4 School District will implement the review system? This portion of the Interlocal Agreement was substantially rewritten since the November version. The concurrencyprocess is now contained in Section F, begitming on page 27. Section F spells out in full detail exactly how the School District will review development proposals. B The process essentially reserves capacity when new development is approved. Will this system ultimately lead to overestimating needed capacity in future years? Article VIII, Section C requires local government's to provide the School District with certificate of occupancy information twice a year. The actual students generated from new residential units rather than the projected students from the development review process will be used in the data and analysis for the annual update to the Five-Year Capital Facilities Plan. As long as the CSA Tables and Development Review Tables are updated yearly with the update to the Capital Facilities Plan, which appears to be required on page 29 [Figures (1), (2) and(3)], there shouM not be an overestimation of needed capacity in future years. Also, if the School District does overestimate future demand based on projections for new development, the School District is obligated to provide capacity for that demand in its Five-Year Capital Facilities Plan. Therefore, the School District wouM appear to have an incentive to maintain consistency between its capital facllities planning and the regulatory program. C. How is projected new capacity in the Five-Year plan used in the concurrency review? The new Development Review Table on page 30A demonstrates how projected new capacity is used in the review process. The narrative describing C-5 this process is contained on pages 29 - 30. D. How is capacity accounted for in the adjacent CSAs when that capacity is utilized in a development approval? This is accounted for as Figure 13 on the Development Review Table. (See pages 30 and 30A.) E Ifa de~eIoper commits to a mitigation project, is that capacity reserved for that development? Does it have to be to avoid a rational nexus problem? The Agreement does not reserve mitigation capacity for the development providing the capacity. (See Section F. 7. on pages 33 -34 for mitigation provisions) 6. Section G provides that concurrency will be suspended if the School District does not maximize utilization in the time specified in this Agreement. Is the Agreement clear enough on what the School District is supposed to do and when they are supposed to do it? This section has been re-lettered as Section H. The provision dealing with maximization of utilizatiot: of capacity has been clarified to provide for the suspension of concurrency in a CSA if the School District allows the CSA or a school within the CSA to exceed the adopted level of service in its adopted Five-Year Capital Facilities Plan. (See page 36) Article VI 1. The TAG is supposed to hear appeals of School District concurrency decisions. Should there be language in the Agreement that specifies how those appeals should occur? The TAG no longer hears appeals of the School District's concurrency decisions. Any C-6 appeal wouM be to court. 2. The TAG members are nominated by entities that are not parties to the Agreement. What happens if one of these entities does not make a nomination? 7'bis issue has not been addressed Article XlI 1. The laws governing concurrency provide that if an exempt municipality loses its exemption, it must join in the Interlocal Agreement. Should there be provisions for how a municipality joins this Agreement? Section C on page 59 has been added to address this issue. Specifically, any municipality that becomes a required party can become a party to the Interlocal Agreement by executing a Unilateral Participation Agreement, which is included as Exhibit C to the Interlocal Agreement. This approach is patterned after the Comprehensive Plan Amendment Coordinated Review btterlocal Agreement and Multi-jurisdictional Issues Coordination Forum lnterlocal Agreement. PALM BEACH COUNTY INTER.LOCAL AGREEMENT with MUNICWALITIES OF PALM BEACH COUNTY and THE SCHOOL DISTRICT OF PALM BEACH COUNTY To Establish PUBLIC SCHOOL CONCURRENCY TABLE OF CONTENTS I DEFINITIONS ........................ 5 H. SCHOOL CONCURRENCY OVERVIEW ................................ 10 A. Agreement to Establish School Concurrency. ...... · ... ... .... .. .. ... 10 B. Required Concurrency Elements ................................... 11 C. Specific Responsibilities of the Parties ............................... 12 III. CAPITAL IMPROVEMENT PLAN ...................................... 14 A. School District's Five-Year Capital Facilities Plan .................... 14 B. Ten and Twenty Year Work Program ............................... 16 C. Transmittal ..................................................... 17 D. TAG Review .................................................... 17 E. Final Adoption .................................................. 18 F. Material Amendment to the School District's Five-Year Capital Facilities Plan ........................................................... 18 G. Amend Comprehensive Plan ....................................... 19 IV. COMPREHENSIVE PLAN AMENDMENTS .............................. 19 A. Process for Development and Adoption of Capital Improvements Element ........................................................ 19 B. Process for Development, Adoption nnd Amendment of the Public School Facilities Element (PSFE) ......................................... 20 -ii- VI. C. Intergovernmental Coordination Element ........................... 21 · SCHOOL CONCURRENCY PROGRAM ........................... .. . . .. 21 Commencement of School Concurrency Program ..................... 21 Concurrency Service Areas ........................................ 21 Level of Service (LOS) ............................................ 23 Exemptions ................................................. Loc. al Concurrency Implementing Ordinance .................... School Dis~ict Review of New R~sidential Developmcut Prolm~i~... Term of School Concurrency .................................. Suspension of Concurrency .................................... B. C. D. E. F. G. H. MONITORING .... A. Establishment of the Technical Advisory Group (TAG) ............ ...25 · .. 26 ...27 ·.. 35 ...35 ...37 C. D. E. F. G. H. I. J. K. · .. 37 Purpose of the TAG .............................................. 37 Membership of the TAG .......................................... 38 Terms of Membership ............................................ 39 Election of Chnir and Organization Meeting ......................... 39 Quorum and Voting ............................................... 39 Meetings open to the public ....................................... 40 Compensation ................................................... 40 Staff Support for the TAG ........................................ 40 Management Reports ............................................. 41 Enrollment Reports .............................................. 41 -iii- L. Monitoring Reports · M. Program Evaluation Report ....................................... 42 N. Conflict of Interest ............. ; ................................. 43 MEDIATION OF DISPUTES ................................ 44 ' 45 COORDINATED PLANNING " VIII. A. The Coordination of Planning and Sharing of Information ............. 45 B. Population Projections ............................................ 46 C. Local Government Data Collection ................................. 47 D. School District Data Publication .................................... 48 E. Multiplier Publication ............................................ 48 F. Proposals for Development, Redevelopment and Infrastructure required to Support Public School Facilities .................................... 48 G. School Siting .................................................... 49 H. School District Review of Future Land Use Element Plan Amendments.. · 54 IX. SPECIAL PROVISIONS ............................................... 55 A. School District Requirements ...................................... 55 B. Land Use Authority .............................................. 56 C. Specific Performance ............................................. 57 X. ACTS OF GOD AND OTHER EXIGENT CIRCUMSTANCES BEYOND THE coNTRoL OF THE SCHOOL BOARD .................................. 57 X. STANDING AND THIRD pARTY BENEFICIARY RIGHTS ................ 58 XI. AMENDMENT, WITHDRAWAL AND TERMINATION .................... 58 -iv- B. C. D. Amending the Agreement ......................................... 58 Withdrawal from Agreement ...................................... 58 Additional Participants .......................................... 59 Termination of Agreement ....................................... 59 XIH. TERM OF THE AGREEMENT ......................................... 59 XIV INDEMNIFICATION OF PARTIES . 59 A. Hold Harmless .................................................. 59 B. Third Party Claims .............................................. 60 XV. MULTIPLE ORIGINALS .............................................. 60 XVI. EFFECTIVE DATE OF AGREEMENT .......................... ' ........61 A. Effective Immediately ........................................... 61 B. Nullification of Agreement ........................................ 61 EXHIBIT A - E~-I~RIT B - EXI~BIT C - E~rrRIT D- E~HR1T E - EXHIBITS Comprehensive Plan Amendment Coordinated Review Interlocal Agreement, October, 1993 Implementing Ordinance Elements Participation Agreement Student Generation Multiplier Table Projected Units Table H:~DATAXWP$ i~DOCxCONCRNCY~ECTI O{X'XINTERLOC~I LAS~AMD('06C-WP D'71 PP -Vi- R2000 0808 PALM BEACH COVNT¥ INTERLOCAL AGREEMENT with THE MUNICIPALITIES OF PALM BEACH COUNTY and SCHOOL DISTRICT OF PALM BEACH COUNTY To Establish PUBLIC SCHOOL CON~NCY An Interlocal Agreement between PALM BEACH COUNTY (hereafter rcfeh'red to as the "COUNTY"), operating through its BOARD OF COUNTY COMMISSIONERS; those munici~ali'ties who have executed this Agreement (hei~ffler referred to singly as "MUNICIPALITY' or collectively as "MUNICIPALITIES"); and The SCHOOL DISTRICT OF PALM BEACH COUNTY (hermi~er referred to as the 'SCHOOL DISTRICT"), operating through the SCHOOL BOARD OF PALM BEACH COUNTY (hereafter refcared to as the 'SCHOOL BOARD"): WHEREAS, Section 163.01, Florida Stat,~t~, crumbles local govertmaents to cooperate with other loc. al governments and public agencies, including school districts, to provide services and facilities on a basis of mutual advantage, and to enter into an Interlocal Agreement; and WHEREAS, the COUNTY, the MUNICIPALITIES and the SCHOOL DISTRICT have determined that the safe, convenient, orderly and adequat~ provizion of public school facilities is essential ~o the health, safety, and general welfare of the citizens of Palm Beach County; and Page 1 of 71 WHEREAS, in order to provide adequate public school facilities in a timely manner and at appropriate locations, thc COUNTY, the MUNICIPALITIES and SCHOOL DISTRICT have further determined that it is necessary and appropriate for the entities to cooperate with each other to eliminate the current deficit of permanent student stations, and to provide capacity for p~ojected new growth; and WHEREAS, the COUNTY, the MUNICIPALITIES, and the SCHOOL DISTRICT ~co?i~e thru adequate revenue sources must be available to provide for the n__eeri_ed inc~ese in permanent student stations; and WHEREAS, the Local Government Comprehensive plsnning and I~md Development Regulation Act requires the COUNTY and the MUNICIPALITIES to adopt comprehem~ive p}nn~ to guide and conu-ol future development; and WHEREAS, Article IX, Sections I and 4 of the Florida Constitution require a uniform system of free public schools on a county-wide basis, and pwvide that each county shall constitute a SCHOOL DISTRICT subject to supervision by the State Board of Education as pwvided by general law;, and WHEREAS, Sections 235.193 and 235.194, Florida Statutes, require the coordination of planning between school districts and local governments to ensure that the plans for the construction and opening of public educational facilities are coordinated in time and place with plans for residential development; and Page 2 of 71 ,.W~_ REAS, Section_235.193, Florida Statutes, requires the general location of educational .... faeilitie%._to.l!e co .nsi.~n_ t ~,~.~. ~t~e C_O_._UNTy'_.S and the MUNICIPALITIES' Comprehensive Plans; xtk'I-~,Sec, tiqn_235.193, Florida Statute, roquh-~ the SCHOOL D,I_STRIC~T..~. _..su._bm!~t plans for public ed.,.~ional facilities to the_ ~CO _utAr!~_._and the MUN~..CIP__ALITIES and requires each l?...~u~i~i~on to 6~-;~-,~-;na the cn?=i~ey of the. _plans with the effective Comorehensive Plan and app,lieable !nnd developmem regulations; and, WHEREAS, Section 16}.3177(6)(h), [lo_rida Stare .t?, requires the COUI~TY and the MUNICtP. ALrrIES to eoorrlinate the adopted loc eomp__r h?s th _ed_eh other and the SCHOOL DISTRICT; and plans of Ibc ........ .-- .................. · %V~'HE~RI~. AS, Section 163.3180(13), Florida Statute, authori?-.~ the COUNTY and the MUNICIPALITIES to adopt a school concurrency program; and WHEREAS, S~'fion 163.3180(13)(g), Florida Statutes, r~luir~ flint prior to establishing school concurrency program, the COUNTY and the MUNICIPALrI'IF_,S and the SCHOOL BOARD adopt an interloeal agreement (he--er refen'ed to as the "AGREE~') for school eonc~ey to satisfy Section163.3180 (12)(g)l, Florida Statutes, which will: e~ablish a process by which they shall agree and base their plans on consistent population projections; coordinate and sh_are inforl~ation relating to e _'_~_' g gnd planned public S.e. ho_ol .f~_e_iliti~,.p.,rojeeti?ns and proposals for ~eve[opment, and infrastruetur.e.?gluired for public school facilities; establish a planning that encourages the location of public schools proximate to urban residential areas and the Page 3 of 71 collocation of schools with other public facilities to thc extent possible; jointly establish level of service standards for public schools; establish a process for the preparation, amen_dmeat and jo'mt approval of a financially feasible public school capital facilities program; define the geographic a?plicat/on ofconcorr~.ce; establish criteria and standards for the establishment and modification of_school concon'en~ service areas and incorporate the cfim-ia and standards/mo the COUNTY MI~. CIPALH'IF__~ comp~ae~V.~e pimp_;, establ~h a uniform d/stria wide pmcodu~ for im_plemenfing the school coneummey program that provides for the evab,~ion of development applications for compliance with school concurrence requirements; p, rovide an oppo~'unity for the SCHOOL DISTRIC~I'~ ~o ~view and comment on the effect of comprehensive plan amendmen~ and rezonings on the public school facilities plan; an.d provide for the monitoring and evaltmfion of the concurrency program. The AGREEMENT shall also provide procedures for its amendment, suspension, and termination. WI-~REAS, the COUNTY, the MUNICIPALITIES and the SCHOOL DISTRICT pumuant to their various statutory responsibilities and powers, desire to establish joint pnx~lures to establish and implement school concun'eney; and WHEREAS, the COUNTY and MUNICIPALITIES, also known as the LOCAL GOV. ERNMENTS, are entering into this AGREEMENT in reliance on the SCHOOL BOARD'S commitment to prepare, ~dopt and implement a financially feasible capital facilities program that will resuli..., in all schools of each type in .each CSA and each individual school operating al the adopted level of service consistent with the timing specified in the SCHOOL DISTRICT's Five- Page 4 of 71 Year Capital Facilities Plan, and the SCHOOL BOARD'S further commitment to update and adopt the plan yearly to add enough capacity in the new fifth year to address proiected ~rowth and to adjust ~.~j~ ~lnn in ol'del' to i'B~inlaln the adopt~'d level of service and to ~nnln maximum utilization of school ca~dt? pursuant to Section 163.31 gO ( 13 )(c)2., Florida Stamtns; and WHERFaAS, lhe SCHOOL DISTRICT operating iiaoa~oh lhe SCHOOL BOARD, is entering into ehi~ AGRF.~.~ in reliance on the COUNTY'S and MUNICIPALITIES' commitm~a~t to adopt an~aactments w their local oomtav, hen~ve pl~ to impose school concurrency as pwvided in Section 163.31g0 (13), Florida Statutes; and NOW, ~ORE, in order to accomplish the~ goals and purposes, and in consideration of the m-n~.l obligations and benefits the COUNTY, the MUlqlCIPALITIES and the SCHOOL DISTRICT (hereinafl~ refeared to collectively as "PARTIF3" herr. by enter into this AGREEMENT. I. DEFINITIONS Capacity Projects - New school oonsmiction or any project that adds necessary improvements to accommodate additional'P¢i'~ane~lt stlldent sl:alions or core facilities needed for the educational program of cach type of school based on thc requirements of State Requirements for Educational Facilities (SR. EF). Consistency - The condition of not being in conflict with and in furtherance of the goals, objectives and policies of the Comprehensive Plan Elements and this AGREEMENT. Page 5 of 71 Concurrency Service Area (CSA) - The specific geographic unit within a SCHOOL DIS .TRi. CT in which school concurrency, is applie41_ _and m -ea~--ured: ........ . Concurrency Service Aren Level of Sers~.i.ce S.m_pdards 7 .Th_e. maximum scceptable percentage of school ,~ili~fion as eslablished in Section V. (C.2.) below det~-mi~:l by divjeli,~ the total nmnber ofstmlents forall schools of ,.~oh type in each CSA by thetotal tmmber ofpermanent student stations for that type of school in each CSA. Core Fadlities -The media center, cafeteria, toilet facilities, and eir~lmlon spa~ of an educational plant. Development Order- As defined in Section ! 63.3164(7), Florida Statutes. Educational Facilities - The buildings and equipment, structures, and special educational use areas that are built, installed, or established to serve educational pmposas only. Financially Feasible Facilities Plan - A plan which demonstrates the ability to finance capital improvements fxom existing revenue sources and funding mechanisms to eon~:t deficiencies and meet future needs based on achieving and ~aifttaining the adopted Level of Se~rice for eacli year of the five-(5) year p~anhlng period for all scheols'of each type in each CSA and'each individual sehool;'and for/he lo-ag sange ~lanuing period~ Florida Inventory of School Houses (FISH) - The report of the capacity of existing facilities. The FISH capacity is the number of students that may be housed in a facility (school) at any given ~ime based on using a percentage of the nuraber of existing satisfactory student stations and a designated size for each program. In Palm Beach County, permanent capacity does not include Page 6 of 71 thc use of relecatables unless they meet the standards for long term use pumuant to Section 235.061, Florida Statutes. later Governmental Plnn Amendment Review Committee (IPARC) - The interlocal commlt~e, established thro-gh the "Compzehensive Plan Amendment Coordinated Review Inte~loeal Agroement, "~ October 1, 1993, which ~O01'vlinat~,~ comprehensive plan amendment l.,~gue of Citie* - pslm Beach County League of Cities, Inc. A not-for-profit corporation established to promote and advance the collective interest of munleipalifies of Palm Beach County, Florida.. Level of Service (LOS) - The measure of the tt~li?ntiOVt, expressed as a percentage, which is the result of comparing the number of students with the ~tlsfactory student stations (FISH capacity) at a given location or within a designated area (i.e., a CSA), e.g., a facility with 1000 students and a FISH capacity of 970, has a LOS of 103%. Also referred to as the utilization ora facility. Local Governments - Palm Beach County and the MUNICIPALITIES. Maximum Utilization of Capacity - Utilization of facilities to ensure the adopted LOS for all schools of each type in each CSA and each individual school is not exceeded. Municipalities - All municipalities in Palm Beach County, except those that are exempt from participating in the school concurrency program, pu~uant to Section 163.3180, Florida Statutes. Page 7 of 71 Permanent Student Station - The floor area in a public school facility required to honsc a student in an insiructional program. Proposed New Residential Development - Any application for residmtial development or amendment to a previously ~,l~,'oved rosidential development that increases the number of hou.~ng units. This shall include any request for any approval of the type that esmblishcs'a density of development and which ~i,l~,oves a Site Specific Development Order on a specific p~l of property. Required Modernizations - A comp~hensive up~ai,~ of schools to 'like new'school standards. This rcqui~s a comprehensive evaluation of schools which are 35 years olit or older for a determination of thc need for rehabilitation, r~modeling or replacement of thc facility. Residential Development - Any development that is comprised in whole, or par~, of dwelling unica;, for permanent human habitation. School Board - The governing body of the SCHOOL DISTRICT, a body corporate pursuant to Section 230.21, Florida Statutes. School District - The district for Palm Beach County created and existing pursuant to Section 4, Article IX of the State Constitution. School District Fire'Year Capital Facilities Plan - The SCHOOL DISTRICT of Palm Beach County Five-Year Work Plan and Capital Budget as authorized by Section 235.185 Florida StatuteS. Page 8 of 71 II. SCHOOL CONCURRENCY OVERVIEW A. Agreement to Establish School Concurrency 1.. The PARTIES desire to establish a public school concurteney system eousistent with the requirements of Section 163.3180, Florida Statutes. 2. The pARTW.,S agree that the timely delivery of sdecluale public school facilities a~ the adopted level of service reClulXes close eoonlination smong the PARTIES at both the land use planning and residential development pra~itting levels. Further, the PART[ES sgree that · new school facilities should be planned for and provided in proximity to those areas planned for residential development or redevelopment. Accordingly, to implement an effective school eoncurr~ey system that will ensure that the eousm~tion and operdnv of public ed,,~tlonal facilities are coordinated in time and place'w/th residential development concurrently with other necessary services, the pARTIES agree that the SCHOOL DISTRICT must be afforded the opportunity to: revie;~?~'find'~p¥6~ide': fin~el~ :'fifidings' and: recommendations to the COUNTY~ and the ,. tmi'dn'A iT amcname"ts to their Comp h ive and .Il applio=fous for development orders which will have an impact on school capacity and the SCHOOL DISTRICT's Fi~te-Year Capital Facilities Plan. 3. The pARTIES agree that in order to pwvide future public school facilities in a timely manner at appropriate locations, residential development orders issued by the COI. R4TY and by each lvlLIlqlCIPALITY shall be issued and conditioned upon the availability of public school facilities at the level of service specified in this AGREEMENT concurrent w/th the impact of such Page 10 of 71 development. A determination that school capacity is available before issuance of a development order, consistent with the level of service standard, hereafter referred to as "concurrency", shall be ba~ed upon the adoption of a Public School Facilities Element into the COUNTY's and MUNICIPALITIES' compridaensive pills that is ~onsistent with the SCHOOL DISTRICT's Five- Year Capital Faeilifie~ Plan'and which shall be'iml~lementecl by an implementing ordinance adopted by each local government party consistent with Section V. E. below. B. R~quir~d Conenrr~ney Elements Comprehensive Plan Amendments - Within one year of this agreement becoming effective, the LOCAL GOVERNMENTS agree to adopt the following comprehensive plan amendments which shall be consistent with each other as required in Section 163.3180, Florida Statutes: 1. Amend its comprehensive plan to add a Public Schools Facilities Element (PSFE) consistent with the requirements of Section 163.3180, Florida Statutes, and this AGREEMENT. 2. Amend its Imergovemmental Coordination Element as required by Section 163.3177(6)(h) 1. and 2., Florida Statutes, and this AGREEMENT. 3. Incorporate "The SCHOOL DISTRICT of Palm Beach County Six Year Capital Improvement Schedule" which is in the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan into its adopted Capital Improvement Element and update that Schedule consistent with the updated and adopted SCHOOL DISTRICT's Five-Year Capital Facilities Plan in order to set forth Page ~1 of 71 a financially feasible public school capital facilities plan, consistent with the adopted Level of Service Standards for public schools. C. Specific Responsibililies of the Parties 1. When the comprehensive plan amcndmcnts adopted in accordance with Section II.B become effective, the COUIq'rY AND lvlUlqlCIPALITIF_~ agree to ~ thc following activities: (a) Unless deoing to I~ bound by the COUNTY im.,l,,~,~i,,_~ ~i,,,~ce~ each MUNICIPALITY shsll adopt an imple~levfing ordinsnc, e coBsi.~lt with the l'irne fl'allle in Section V.E. 1. and the requiremcnts of the basic frsmework contained in Exhibit B, the requirements of this AGREBIv~NT, and the LOCAL C_d)VERNMENT comprehensive plan. CD) OI1ce the School ConclllT~ncy Progran'l cornmeaces, not issue any site specific development orders for new residential units until the SCHOOL DISTRICT has reported that there is school capacity avnilsble to serve the development being approved consistent with the requirements of this AGREEMI~IT. (c) Coor~i,~*t~ pl*,~nlng with the SCHOOL DISTRICT regarding population projections, school siting; projectiolls of development and redevelopmeat for the coming year, ~cturc required to support public school facilities, and amendments to future land use plan elcments consistent with the requirements of this AGREEMENT. 2. By entering into thi~ Intcrlocal AGREEMENT, the SCHOOL DISTRICT agrees to undertake the following activities: Page 12 of 71 (a) Prepare and update yearly a financially feasible Five-Year Capital Facilities Plan eonmlnlng anough ~panity each year to meet projected growth in demand for student stations so that all schools of"~e'h type in each Coneurr~c_'~ Service Area and each individual school does not exceed the adopted level of service for each year, consistent with the requil~tnents of this AGREEMENT. Co) Insfitut~ program and/or boundary adju~huea~ as n~ ~-"*~ry to maximize ulili~on of capaciW in o~xler to ansure that all schools of each type in each Co~cy Service Area and ,--eh individual school old'rate at the adopted level of service, ~onsiilen! with the requirements of this AGREe. (c) Implement the SCHOOL DISTRICT's Five-Year Capitol Facilities Plan by eonstmetlng the capacity enhancing and modernization projects in that program consistent with the timing specified in the program. (d) Provide the COUNTY and MUNICIPALITIES with the required data and analysis updated annually to support the comprehensive plan elements and any amendments relating to school concurrency. (e) Adopt a ten and twenty year work program consistent with the requirements of this AGREEMENT. (f) Maintain and publish data required in Section VIII for the review of proposed new residential development. Page 13 of 71 (g) Review applications for proposed new residential developments for compliaaee with concurrency standards, consistent with the rexluixements of this AGI~RRIvIENT. (h) Review mitigation proposals consistent wi~h the requi~m~ts of AGR.EElv~NT. (i) Prepa~ l~orts on em'ollm~nt and capacity, eonsisma with tl~ requimmeats of this AGI~ ~-~MI~IT. 0) Pmvid~ saca~arial s~lfsupport for me. lng of the T~anicalAdvisoty Group and all other Dislxict generated r~orts e~b!ish~d by thia AGREe. (k) Coordinate planning with the COUNTY and lvlIJNICIPALITIES r~ardlnE population proje~lions, school siting, proj~:tion~ of development and redevelopment for the corning y~ar, infias~ctur~ ~lui-~ to support public school facilities, and ameadmeats ~ futu~ land use plan elements c~n~istent with the requirements of this AGREEMENT. HI. CAPITAL IMPROVEMENT PLAN School District's Five-Year Capital Facilities Plan 1. Onor b~foreSept~nber 15 of each year, theSCHOOL BOARD shalladopt; and update the SCHOOL DISTRICT's Five-Y~ar Capital Facilities Plan for public schools in Palm Beach County. Page 14 of 71 2. The SCHOOL DISTRICT's Five-Year Capital Facilities plan shall specify all new construction, remodeling or renovation projects which will add permanent FISH capacity or modernize existing facilities. 3. The SCHOOL DISTRICT Five-Year Capitol Facilities Plan shall constitute a financially feasible program of school constm~ion for a five (5) year period which adds su:fficimt FISH e-?acity to achieve and m,lnt~in the adopted LOS yearly for all schools of ,~eh type in each concurrency service area and each individual school based on projected increases in enrollment; which provides for required moderni~,~fion; and which satisfies the SCHOOL 'DISTRICT's constitutional obligation w pwvide a uniform system of flee public schools on a county-wide basis. 4. The SCHOOL DISTRICT's Five-Year Capital Facilities Plan and each annual update shall include a description of each school project, the amount of money to be spent in each fiscal year for the planning, preparation, land acquisition, and actual construction and renovation of each school pwject which adds FISH capacity or modernizes existing facilities; the amount ofFISH capacity added, if any; and a generalized location map for schools depicted in the SCHOOL DISTRICT's Five-Year Capital Facilities Plan which will be built within each CSA consistent with the SCHOOL DISTRICT's current Educational Plant Survey and with the Future Land Use Elements of each MUNICIPALITY's Comprehensive Plan and the COUNTY's Comprehensive Plan. 5. Upon achieving the adopted Level of Service, the SCHOOL DISTRICT shall maintain the adopted Level of Service standards and ensure that school capacity shall be utilizexi to the maximum extent possible District-w/de. When preparing the SCHOOL DISTRiCT's Five-Year Page 15 of 71 Capital Facilities Plan, the SCHOOL DISTRICT shall annually institute necessary program and/or boundary adj~hu~ts or provide additional capacity to ensure that ail schools of each type in each CSA and each individual school will operate at the adopted level of service (LOS) throughout the Five year period. 6. The SCHOOL DISTRICT's Five-Year Capitol Facilities Plan and ,~I~ annual llpdate ,~l~qll idell~ the l~ec~cl elll'ollmellt, ~ mad ll~li~.~tloll pe~ of ~ schools of each type for each CSA and each individual school for each year of the P!-n The SCHOOL DISTRICT shall *nnually update the CSA Tables and "The SCHOOL DISTRICT 6f Palm Beach County Six Year Capiud Improvement Schedule" when updating the SCHOOL DISTRICT's Five- Year Capital Facililies Plan. 7. The SCHOOL DISTRICT shall initiate the nee~_~ry p~ogram and/or boundary adjustments to ~flect the new capacity for the schools that are acheduied to be constructed and opened for each y~ar of the SCHOOL DISTRICT's Five-Year Capital Facilities Plan. These adju~hnentS shall bo consistent with the tiara and analysis provided in the CSA Tables of the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan. B. Ten and Twenty Year Work Program. In addition to the adopted SCHOOL DISTRICT's Five-Year Capital Facilities Plan, the SCHOOL DISTRICT shall annually adopt a ten year and a twenty yem' work plan based upon enrolLmerit projections and facility needs for the ten year and twenty year period. It is recognized Page 16 of 71 that the projections in the ten and twenty year time frames are tentative and should be used only for general planning purposes. C. TransmittaL The SCHOOL DISTRICT shall wansmit copies of the proposed SCHOOL DISTRICT Five-Year Capital Facilities Phm *long with A~t, and analysis necessary to demunslrate the financial feasibility of the Program; to ~ Techtfical Advisory Group (TAG), the MUNICIPALrrlES and COUIqTY on or before May 31 of~'~e-h year commencing atter the effective date of this AGREEMENT- D. TAG Review 1. By June 30 of each year, the Technical Advisory Crroup (TAO) established in Section VI of this agreement shall review the proposed SCHOOL DISTRICT Five-Year Capital Facilities Program and t~ort to the SCHOOL BOARD, thc COUNTY, and the MUNICIPALITIES on whether or not the proposed SCHOOL DISTRICT's Five-Year Capital Facilities Plan maintains the adopted Level of Service by adding enough txojects to increase the FISH e~.nacity to eliminate any permanent student station short,Ils; by including required moder~i~tlon of existing facilities; and by providing permanent student stations for the projected growth in enrollment over each of the five (5) years covered by the Plan. Page 17 of 71 E. Final Adoption. Unless it is delayed by mediation or a lawful challenge, the SCHOOL BOARD shall adopt the SCHOOL DISTRICT's Five-Year Capital Facilities Plan and it shall become effective no later than September 15th of each year. F. Material Ameudment to the School Dist~et's Five-Year Capital'Facilities Plan. 1. The SCHOOL BOARD ~hsll not amend ~ SCHOOL DISTRICT Capi~l Facilities Program so as to modify, delay or delete any project in the fit~t three (3) years of the Program unless the SCHOOL BOARD determines by written findings, with thc concurrence of at least fix~e Board members: (a) That thc modifi~'~;on, delay or deletion of a project is ~luired in order to meet the SCHOOL DISTRICT's constitutional obligation to provide a county-wide uniform system of free public schools or other legal obligations imposed by state or federal law; or (b) That the modification, delay or deletion of a project is occasioned by unanticipated change in population projections or g~wth p~rr~s or is required in order to provide needed capacity in a lcu-~fion that has a current greater need than the originally planned location and does not cause the adopted I~OS to be exceeded in the CSA from which thc originally planned project is modified, delayed or deleted. G. Amend Comprehensive Plan Once the SCHOOL DISTRICT's Five-Ye`xr Capital Facilities Plan, the annual update, or any ma~eriaJ amcndmen! h~s been adopted by the SCHOOL BOARD, the COUNTY and Page 18 of ?1 MUNICIPALITIES shall amend "The SCHOOL DISTRICT of Palm Beach County Six Year Capitol Improvement Schedule" of the Capital Improvement Element of their Comprehensive Plans to include the changes in their next round of amendments. IV. COMPREHENSIVE PLAN AlVlENDMENTS A. Process for Development and Adoption of Capital Improvements Element 1. The SCHOOL' DISTRICT shall prepare and the COUNTY and the MUNICIPALITIES shall adopt into the Capital Improvements Element of their comp/~hensive plan "The SCHOOL DISTRICT of Palm Beach County Six Year Capital Improvement Schedule"of the - SCHOOL DISTRICT's Five-Year Capital Facilities Plan set forth in Section III, in this AGREEMENT. 2. The COUNTY and MUNICIPALITIES, by adopting '~I'he SCHOOL DISTRICT of Palm Beach County Six Year Capitol Improvement Schedule" in the Capital Improvements Element of the LOCAL GOVERNMENT's Comprehensive Plan, shall have no obligation nor responsibility for funding the SCHOOL DISTRICT's Five-Year Capital Facilities Plan. 3. The procedures for the annual update and amendment of the local government's public school capital facilities program in its Capital Improvements Element is set forth in Section III of this AGREEMENT. Page 19 of 71 B. Process for Development, Adoption and Amendment of the Public School Facilities Element (PSFE). 1. The COUNTY and MUNICIPALITIES shall adopt a Public School Fadlities Element which is consistent with this AGREEMENT and Rule 9J-5.025, F.A-C. The COUNTY and MU~C~ nhall not/fy TAG when thin elesae~t is adopted alld when the element becomes eff~xive. 2. In the event it becomes n~ to amend the PSFE, prior to ~l~n~a'nlttln~o the amendment to the Department of Comml~lity .A~i~ plll~-nmnt tO Section 163.5184, Florida Statute% the local government wishing to initiate an amendment shall request review through the Intergove~mental Plan Amendment Review CommiO~e (II'ARC) in accordance with the "Comprehensive Plan Amendment Coordinated Review" Interlocal Agreement datexi OctOber 1, 1993, attached as Exhibit A to this AGREEMENT. The IPARC Clearinghouae shall be responsible for distributing the amendment to all pARTIES to this AGREEMENT that are participants in the Comprehensive Plan Amendment Coord/nated Review lnterlocal Agreement for review and coInfftent. (a) [£ all local govermments ag~= tO the amencLment, they shall adopt the amendment in accordance with the statutory procedures for amending comprehensive plans. Co ) If any local government does not agree tO the amendment, and the issues cannot be r~solved between or among the PARTIES, the issue shall be referred to mediation Page 20 of 71 in accordance with Section VII oft. his agreement In such a case, the pAR.TIES, agree not to adopt the amendment until the mediation pwcess is completed. 3. Any local issues not specifically required by Stamt~ or Rule in the Public School Facilities Element may be included or moaified in the Lo~al C-ovemment Public Sdaool Facilities Element by following the normal Coml~he~ive Plan A,.endmeat p -~--~ C. Inter~ovemmentml Cooraln~/on Element The pwce~ for the development, adoption, and eme~lment of the lnl~., ov,~mmental Coordination Element shall be that set forth in Section 163.3184, Florida Statutes. V. SCHOOL CONCURRENCY PROGRAM A. Commencement of School Concurrency Progiam The School Concurrency Program described in tbi~ Article shall commence mnety (90) days ai%r the effective date of thc last required LOCAL GOVERNMENT comprehensive plan clements requirccl for school concurrency. B. Concurrency Service Areas. 1. The pARTIES hereby agree that School Concurrency shall be measured and applied on thc basis of twenty-one (21) Concurrency Service Areas (CSA's) a.s described in thc Public School Facilities Element Page 21 of 71 2. The COUNTY and MUNICIPALITIES agree to incorporate and adopt these CSA's and the standards for the modification of the CSA's as established below into the local government comprehensive plans. 3. Any PARTY may propose a change to the CSA boundaries. Prior to adopilnE any change, the SCHOOL DISTRICT verify as a result of the chsnge that: (a) Adopted level of service standards will be achieved and maintained for each year of the five year plsnnlng period; and (b) The utilization of school capacity is rnaxirni~rl to the lp'eatest extent possible, taking into account transportation costs, court approved deseg~gation plans and other relevant factors. 4. The PARTIES shall observe the following process for moclif)'ing CSA's. (a) At such time as thc SCHOOL DISTRICT determines that the change is appropriate considering the above standards, they shall transmit the proposed CSA's and data and analysis to support the changes to the IvfUNICIPALITIES, to the COUNTY and to TAG. (b) COUNTY, MUNICIPALITIES and TAG shall review the proposed amendment and send their comments to the SCHOOL BOARD within 60 days of receipt. (c) In the event there is no objection, the local governments shall amend their plans to reflect the changes to the CSA boundaries in their next amendment round. (d) The change to the CSA boundary shall become effective on the effective date of the last local government plan amendment adopting the change. Page 22 of 71 C. Level of Service (LOS) To ensure the capacity of schools is sufficient to support student growth at the adopted level of service for each year of the five year planning period and through the long term plnnnln~ period, for each CSA, the PARTIES hereby establish the LOS as set forth below. The actual LOS (mili~-~6on) for all schools of each type in each C_.SA and each individual school shall be established e~sch year by the first student count of the second semester. 1. Tiered Levels Of Service shall be in force purs,~s,~t to the Tiered Level of, Service Table in the Public School Facilities Element until August 1, 2004. Individual schools of each typ~. may exc_-~__ the Tiered LOS during the period in which Tiered LOS are in effect, provided that the CSA's Tiered LOS is not exceeded. However, each individual school's LOS which exceeds the Tiered LOS, during the time that the Tiered LOS is in effect, shall not exceed the utilization standards for that school type as shown in the Maximum Utilization Table of the Public School Facilities Element. During the time that the Tiered Level of Service Standard is in effect, the SCHOOL DISTRICT shall initiate necessary program and/or boundary adjusm~ents se that the tiered LOS is not exceeded in each CSA. 2. After August 1,2004, the following level of service (LOS) standards shall be established for all schools of each type within each CSA and each individual school: (a) 110 percent of capacity (utilization) as determined by the Florida Inventory of School Houses (FISH); or Page 23 of 71 (b) Up to 120 percent of FISH capacity (utilization/LOS) (test two), for individual schools subject to the results of School Capacity Study (SCS) undextaken by TAG, in consultation with all LOCAL C, OVEKNME/qTS having jurisdiction within the CSA and the SCHOOL DISTRICT, to determine ifa particular sdaool can operate ia execs of 110% capa~ty. Th~ SCS eh~l! be r~qui~d if a school in th~ first student count of thc ~_~comd s~m~ ~-~M~s 105 percent or abow ofFISH capacity, on~ tbe ~ of Se~vic~ in ¥. B.2. abow is ac~i~xl. 3. The School Capa~ty Study (SCS) ~ d~m~ne iftl~ g~owth ra~ w~*h~ -~h CSA, causing a parfi~,~ school to ex__~-a_ ~ 110 pm~mt of capacity, is ~mporary ~r ~fl~c~s an ongoing .trend affecting the LOS for the Five y~ar pl~nn~r~g period. At a mim;mum~ tbe study ~hmll consider: redevelopment; and (a) Demogxaphics in the school's CSA; and (b) Student population trends; and (c) Real estate trends, e.g. existing redevelopment and new (d) Tea(her/student ratios; and -. (e) Core facility capacity. If the SCS concludes that the school can operate within the FISH guidelines and not exceed 120% LOS (utilization), then that school ~hz~l be considexed to be operating within the adopted LOS and the CSA Level of Service shall be amended and thc local govcmment co--ye plane ~hall be amended in the next round of amendment~ to reflect this additional capacity. Page 24 of 7 ! 4. Any PARTY to this AGREEMENT may request a School Capacity Study (SCS) based on the crit~ia provided in paragraph 3. above. 5. Any PARTY to this AGREEMENT may propose to the TAG a modificalion of the adopted LOS standard at any time. Following a review and l~:omrnelldafion by TAG and concurrence by a~ least 51% of ..tl3¢ LOCAL C~VER2qlViEN'~_ to thin AGREEMENT and the SCHOOL BOARD, the adopted LOS will be modified by addendum to thi~ AGREEMENT, and each LOCAL C-OVERlqlVl~NT shall amend its enmprchensive plan to reflect this new LOS in the next round of amevttments. D. Exemptions 1. Single family lots of record, existing as such at the time School Concurrency implementing ordinance is adopted, shall be exempt from School Concurrency requirements. residential development or any other development with a residential Any component that received final approval of a Site Specific Development Order prior to the commencement date of school concurrency or is exempt from concurrency under a local government's concurrency regulations is considered vested for that component which was previously approved and shall not be considered as proposed new residential development for purposes of school concurrency. 3. Any new Residential Development that has filed a complete applicat/on for a site specific development order or any amendment to any preViously approved site specific . Page 25 of 71 development order pending prior to the commencement date of the School Concurrency Program shall be exempt from the School Concurrency Requirements. 4. Any amendment to any previously approved residential development which does not increase the density is exempt from school concurrency. 5. Any previously approved residential development or any other previously approved development with a residential component located within any exisfin.~ 'Tnmsportatinn Concurrency Exception Area,' as defined in Section163.3.180(5), Florida Statu~es, is exempt f~m school concurrency. E. Local Concurrency Implementing Ordinance 1. Within ninety (90) days after the effective da~ of the last required LOCAL GOVERNMENT'S adoption of the Comprehensive Plan Elements addressing school concurrency, each local government shall adopt an ordinance regulafirig the is.~mnce of development orders based on the availability of public schools at the required Level of Service. This ordinance shsll be consistent with the components outlined in Exhibit B and with the provisions of ~ AGR l:-~Ivl]~'4T. 2. .'I~ ~_C~. 0.._UNTO. shal~ adopt an ordinance which provides procedures fo[ ~. ~.~ of municipal development orders, and COUNTY ~corporated development orders.' (a) In the event that any participating MUNICIPALITY does not comply with E. 1. above by adopting an ordlnsrlce consistent with Exhibit B and this AGREEMENT within ninety (90) days of the effective date of the Compt~heusive Plan Elements, that government shsll Page 26 of 71 be deemed to have "opted in" to the COUNTY ordinance in E.2. above and agrees to be bound by the terms and provisions therein until it adopts its own ordinance. Co) At any time any LOCAL GOVERNMENT may opt out of the COIJNTY's implementing ordinance through implementing its own ordinance consistent with the requi~meaats of Exhibit B. School District Review of New Residentkql Development Proposals The SCHOOL DISTRICT agrees to ~¥iew and make school concurrency determinations, for a proposed residential development for which an application for a-development order is ,~.ubmitted. The review and determination are a four-part process which: a) accepts the residential development application; b) calcol~_t~ the development's projected students; c) compares the development's students to projected students within the Five-Year Capital Facilities Plan for Level of Service; and c) issues a determination letter. The complete Development Review Process shall be as follows: 1. Intake Application - Requirements for Proposed Residential Development: a) The request for a school concurrency determination for a proposed residential development shall be submitted by either the applicant or the local government, whichever is specified in the local government's concurrency ordinance. b) The applicant of the proposed development shall provide the following: location, the build out time flame, and the number, type and size of all the residential units anticipated to be occupied each calendar year. Page 27 of 71 c) The SCHOOL DISTRICT agrees to log in by date and time stamp every completed application and agr~s that each application shall be pwcessed in the order they are received. d) The SCHOOL DISTRICT agxx~s that it stroll ~eview every appli~fon and issue its d~ination to the applicant within fifteen (15) working days of roc~ipt of the application. e) Thc SCHOOL DISTRICT may charge thc appli~nt a non-r~fuadable application lea payable to the SCHOOL DISTRICT to meet thc cost of review. 2. Calculate Students - Conve~ion of Proposed Kesidential Units to Students: To det~.ine the proposed development's proj~c~:[ students, tbe proposed development's Ixojected number and type of residential units for each y~ar ,h~ll be converted into projectexi students for .all schools of each type within the specific CSA using the SCHOOL DISTRICT's Student Generation Multiplier as shown in EXHIBIT D of the thi~ AGREEMENT. 3. Determine Utilization - Analysis of Enrollment to Capacity for Five years: The SCHOOL DISTRICT slmll create a Development Review Table (DRT) (shown below) for each CSA, and will usc the DRT to compare tbe projected students imm proposed residcotial developments to the CSA's planned growth, earullment~ capacity and utilization (LOS) over thc Five year period. The Development Review Table pnxluces a calculation of the L~vel of Service for each school type in each CSA. The Figures in the Development Review Table are ~x-plainexi below. Page 28 of 71 Figures (1), (2) and (3) are numbers obtnlned fxom the Concurrency Service Area Tables (C. SA) as shown in the School Disu-ict Five-Year Capital Facilities Plan. The Figures show the CSA's projected 1) enrollment. 2) capacity and 3) utilization. Figure (4) is the projected vumber of new tesideafial units ia each CSA oblalned from the --nual disaglozgafion of msidemial uai~ county-wide, based on hiaanric absorption ~t,.~ This is established from the Palm Beach County Projected Units Table, as shown in Exhibit E of this AI3P. E~ as amended anaually. Figure (5) is the number of students ~ fi~m projected new urdts (Fig.4) multiplied by the student generation multiplier based upon a three bedroom, two-bath house. The multiplier used is the SCHOOL DISTRICT's $~,.l. nt Generation Multiplier Table - shown ia Exhibit D of this AGREEMENT. Figure (6) is a list of the new residential developments in the order that each application is received within the CSA. Figure (?) is a list of the number of annual ,,nits expected from each ~esidential development. Figure (8) is the list of projected students from new residential development, calculated by type of unit and by school level found in the SCHOOL DISTRICT's Student Gener,~tion Mul~'iplier Table shown in Exhibit D of this AOREEIvI~ENT. Figure (9) is the total number of students per school type f~rom the proposed residential developments. Page 29 of 71 Figure (10) is the number of students which is the difference between the total students from new clevelopme~ts (Fig.9) s'ublracted fi'om the expected projected student~ from new units (Fig.5). If the number is positive, the level of service (Fig.3) does not change. Figure (I1) is the revised student enrollment by school type dl~elrmlned by the difference in (Fig.l 0) if it is a neg~ive laumher;, that number of students qh:,ll be added lo the projected student enrollment Figure (12) represents the Level of Service calculated and revized, ifneedecL Figure (13) represents the development fi'om adjacealt an CSA Clfrequired), recorded h-/the order that each application is received. Insert "Development Review Table" See page 30a Atlached Page 30 of 71 Development Review Table Example For A Single Year i Z ~'~ Z Y~R ~ o ~ 0~ z ~isting Proj. [1 )+ 2,~9 2 ~ 3,195 [ 3 ~' 89%x~-- 686 (5__~ 117 A ~SF 4 ~ D ;~SF o ~F 11 ~ E ~~)~ F i0MF 5 New LOS I '~ 2,s4S (~2,) , 89% ~ 104 Remaining Student Av~!'hqi~ ~ _~ 14 ~2 A 22SF 3 ~ B ~ I~SF 12 ~ D [~SF ~ 24 o SSSF 8 ~ E ~ CSA ~i~ F ~MF 14; Remaining Student Availabili~ Existin. Proj. O~ 4,034 :D~ 4.150 (Z)~ 97% ~ 686,~ 158 A 22SF I~SF 23 ~ D 200SF 46~ o 65SF 15 ~ csA ~3)> F 90MF 14 New LOS ] 4.034 Remaining Student Availability ~ ( 10~ 4. The Three Year Rule If the level of service is exceeded, and new capacity in the CSA will be in place or under actual conslmction in the first three years of the School District's Five-Year Capital Facilities program; the new capacity will be added to the capacity shown in Figure 2 and the level of service 5. Adjacent CSA Capacity (a) lfthe projected student g~wth fr°m the r~idential devel°pment causes the adopted LOS to be exceeded in the particular GSA and that Wpe of school and cap~city exists in one or more contiguous GSA's, the development shall receive a lette~ of determlnstion of concurrency. In conducting the x~view, the SCHOOL DISTRICT shall fu~t use the adjacent CSA with the most available capacity to evaluate projected enrollment, and if nece~sry shall continue to the CSA with the next most available capacity until all adjacent CSAs have been evaluated or the letter of determination of concurrency is issued. (Iv) If a proposed new development in a GSA which has been used to provide capacity for a development in an adjacent CSA causes the LOS to be exceeded, the development in the CSA which used the adjacent CSA's capacity will be re-evaluated by using the adjacent CSA with the next highest capacity until capacity has been identified or all adjacent CSAs have been evaluated. If there is t-apacity in an adjacent CSA,.projected enrollment will be moved from the originally used CSA to the adjacent GSA with the nex/ highest available capacity. Page31of 71 (c) Example of Adjacent GSA Use CSA 15 I CSA 17 Most capacity CSA 19 No capacity. CSA 20 2nd most capacity CSA 21 (1) The development ha CSA 20 was evalual~! using the adjacent CSA with the most capacity for high school students (CSA 1,9). (2) Later, a new development proposal ha CSA 19 is submitted for evaluation and there is not e~ough high school ~pacity in C. SA 19, or adjaee~lt CS A's 17 and 18. (3) The previously appwved development ha CSA 20 will be re-evaluated based on capacity in C. SA 21. If the capacity exists in adjacent CSA 21 (gaud highest capacity), the projected enrollment from the previous development in CSA 20 will be moved from CSA 19 and added to CSA 21. (4) The development in CSA 19 will be re-evaluated based on the new data for that CSA. 6. Issue Letter of Determination of Concurrency Letter of Determin~on of Concurrency shall be issued if the impacts of the proposed development's student growth does not ea.qe the adopted Level of Sm'dee (or Tiered LOS) to be exceeded, the Letter of Determination of Concurrency shall indicate the development to be in Page 32 of 71 compliance, i f the development is not in compliance, the Letter of Determination of Concurrency shall detail why the development is not in compllmace and shall offer the applicant the opportunity to enter into the 90 day negotiation period described below. 7. Mitigation (a) Mitigation ~h~ll be ~llow~l for those residential development propo~l~ that the SCHOOL DISTRICT determines carmot meet adopted level of service standards. Tbe applicant shall be allowed to enter a ninety (90) day negoli~fion period with the SCHOOL DISTRICT in an effort to mitigate the impact fi.om the development. Prior to the approval oftbe mitiga'fion plan, the local government shall have the opportunity to review the mitigation options which shall be limited to those the SCHOOL DISTRICT reeo~vnlzes and assumes the responsibility to ope~te, with the exception of charter and private schools, and which will maintain the adopted level of service standards for the first Five years fi.om receipt of the school concurrency Determination Letter. Mitigation options must consider the SCHOOL DISTRICT's educational delivery methods and requirements, and the State Requirements for Educatonal Facilities (S.ILE.F.) and may include: (1) Donation of buildings for use as a primary or alternative lcaming facility; and/or (2) Renovation of existing buildings for use as learning facilifes; or (3) Construction of permanent student stations or core capacity:.; or Page 33 of 71 (4) For schools contained in the adopted SCHOOL DISTRICT's Five-Year Capital Facilities Plan only, upon agreement with the SCHOOL BOARD, the developer may build thc school in advance of the time set forth in the SCHOOL DISTRICT's Five-Year Capital Facilities PAan. The SCHOOL BOARD shall _e0ter into an agreement _t9 mi~. burse developer at such time as the school would have been funded in the SCHOOL DISTRICTs Five-Yesr Capital Facilities Plan; or (s) (6) receive inapact fee credit. (7) Charter School; or Private School; or For mitigation measures 1,2,3 and 4 above, the developers shall (8) Upon conclusion of the 90 day period, a seoond Letter of Determination of Concur~ncy shall be issued. If mitigation is agreed to, the new Letter of Determination of Concurrency shall find the development is in compliance and shall be conditioned on those mitigation measures agreed W by the developer and the School Board. The mitigation measures shall be memorlali?~l in an ag~ement between the School District and the Developer that specifically details mitigation provisions to be paid for by the developer and the relevant terms and conditions. If mitigation is not agreed to, the new Letter of Determination shall detail why any mitigation proposals were rejected and detail why the development is not in compliance. Page 3t~ of 71 G. Term of School Concurrency A Letter of Detaminafion for School Concurrency issued by the SCHOOL DISTRICT shall be valid for one year from the date of issuance. Once the Local C-ove~ment Site Spec/ftc Development Order is issued, the~eonenrrency deterwln~fion shall nm with the Development Order.. H. Suspension of Concurrency I. School enncu~rency ~hsll be suspended in all CSA's upon the occummce and [or the duration of the followi-g enndilions: (a) The SCHOOL DISTRICT gives written notice w the ~'OUNTY and the MU~. CIPALITIHS oftbe ~ce of an "Act of C-od" as prov/ded/n this AORI:.F2~/ENT; or 0v) The SCHOOL BOARD does not adopt an update to its SCHOOL DISTRICT's Five-Year Capitol Fac/lities Plan by September lSth of ~ach y~ar ~onsisient with the requirements of ~ AGP~F_i~IEiNT; or (c) The SCHOOL DISTRICT's adopted update to its Capital Fadl/fies ind/vidual school as determined by TAG based on data provided by the SCHOOL DISTRICT; or (d) The SCHOOL DISTRICT's Five-Year Capital Facilities Plan is det~,,fined to be financially infeasible based on an ev~l-~tlon of all funds available to the SCHOOL DISTRICT for capi~l improvements as det~'mlncd by the State Department of Education; or as defined by the issuance of a Notice of Intent to Find an Amendment to a Capital Improvement Page 35 of 71 Element not in compliance as not being financially feasible, by the Department of Community Affairs pursuant to Section 163.3184, Florida Statutes; or by a court action or final adtnlni_ntl~Iiv¢ action; or e) IfconcunencY is suspended in one-third or more of the CSA's pursuant to G.2. of this Section below. 2. School Concurrency shall be suspended within a particular CSA, upon the occurrence and for the dumfon for the following conditions: (a) Where an individual school in a particular CSA is twelve or more months .b~hind flae schedule set forth in lhe SCHOOL DISTRICT's Five-Year Capital Facilities plan; concun~cy will be suspended within that CSA and the adjacent CSA's for that type of school; or (b) Thc SCHOOL DISTRICT docs not maximize utilization of school capacity by allowing a particular GSA or an individual school to exceed the adopted Level of Sea'vice (LOS); or (c) Where the School Board materially mends the first 3 years of the SCHOOL DISTRICT's Five-Year Capital Facilities Plan in accordance with Section III G., and that amendment causes the Level of Service to be exceeded for that type of school within a CSA, concurrency will be suspended within that CSA and the adjacent CSA'$ only for that type of school. 3. If thc Program ]?,val~mtlon Report in accordance with ,%ctionVI.M., below, recommends that concurrency be suspended because the program is not working as planned, concurrency may be suspended upon the concurrence of 33% of the Parties to this AGREEMENT. Page 36 of 71 4. Once suspended, for any of the above r~asons, concurrency shall be reinstated once TAO determines the condition that caused the suspension haz been remedied or the Level of Service for that year for the affected CSA's have been achieved. VI. MONITORING A. F~tablishment of the Technical Advisory Group (TAG). The PARTIES agree that. the SCHOOL DISTRICT's Five-Year Capilal Facilities Plan and the ten and twenty y~ar work programs will be monitored by an independ~t T~imical Advisory Group (TAG) to be established by the PARTIES of this AGREEMENT no later thsn 90 days from the date this AGREEMENT becomes effective. B. Purpose of the TAG. The purpose of the TAG is to function as a resource for the SCHOOL BOARD, the COUNTY and the MUNICIPALITIES and ~o make recommendations including but not limited to the following: 1. The SCHOOL DISTRICT's Five-Year Capitol Facilities Plan. 2. Ten and twenty year work programs. It is recognized that the 10 and20 year work programs are tentative and will be used for general planning purposes. Schools that trigger a School Capacity Study (SCS). CSA boundaries. SCHOOL DISTRICT Management reports Page 37 of 71 6. Operation and effectiveness of the concurrency program C. Membership of the TAG. 1. The TAG will consist of five (5) members with relevant special knowledge or experience and shall include the following: (a) A Certified Public Accountant nominated by the FAU College of Business. (b) A gerle~al'collll-ac~Ol' nominated by the Local Chs~ter of the ACC. (c) A demographer nominated by the FAU College of C-eography. (d) A planner nomi~*t~l by the Treasure Coast Chapter of the American phuanln§ Association. (e) A business person ~presenting the for-profit private sector nominated by the Economic Council of Palm Beach County. 2. The parties expect the nominating agencies to make the initial recommendations no later thsn 30 days from the effective date of this agreement and other nominations no later than 60 days prior to the expiration of the term of membership. 3 Inter/m vacancies shall be filled as quickly as possible. 4. TAG members shall be automatic, ally approved w/thin 60 days of the nomination unless vetoed by the SCHOOL BOARD, the League of Cities Board of D/rectors or the Board of COUNTY Commissioners (BCC). Page 38 of 71 D. Terms of Membership The initial terms of TAG members shall commence 90 days from the effective date ofthln AGI~EEML=IqT and be as follows: 1. Two Year Terms - The CPA and the General Conu'actor and thc business 2. ~ Year Terms - Demographez, and p!anner Each succeeding appointment shall be for a m-m of three years. Upon thc death, or resignation, of a member, the nominating body will pwpose a succ_-essor for the unex~/red term, or a full ter~. as the case may be, and will be accepted unless vetoed per Section C.2. above. F_. Election of Chair and Org~aiz~tion Meeting 1. At the first meeting of the TAG and every year thereafter, on or about the annive~ary of the first meeting, the member~ of TAG shall hold an org,ni~,ational meeting. 2. At the organizational meeting, the members shall elect a chair and vice-chair who will serve one year terms. There shall be a ~imit o~'tWO consecutive ~ the chair and vice- Chair may serve. 3. The TAG has the authority to enact their own rules of procedure. F. Quorum and voting No meeting of TAG shall be called to order, nor may any business be transacted without a c/uorum consisting of a majority of the members being pre~nt. All actions shall requh'e a simple majority of the members then present and voting. In the event of a tie vote, the proposed Page 39 of 71 motion shall be considered to have failed. No member shall abstain from voting unless there is a conflict of interest pursuant to Florida Statutes. G. Meetings open to the public All meetings ,~h~ll be open to the piablic. Compensation The membea~ ofTA(3 ~h. II _x~i__'_ve no compensation for their services. Staff Support for the TAG The PARTIES will ~ their smf~ to cooperate with the TAG in performance of its duties un.der this AGREEMENT. Clerical support for meetings of TAG will be provided by the SCHOOL DISTRICT. J. Management Reports By July 1st each year, the School Superintendent shall submit an annual management report to the SCHOOL BOARD and TAG detailing thc status of thc SCHOOL DISTRICT's implementation of its adopted Five-Year Capital Facilities Plan. The management report will cox~min ~ports on the status of each c. paeity or mod~nization project in the SCHOOL DISTRICT's Five- Year Capital Facilities Plan' inC)ntting any related audits and a schedule of the proposed commencement and completion date of all programmed activities. Revisions to projected costs for unbuilt projects and the projected costs compared to agtual costs of each constructed project ~h~ll ~ be included. Page40of 71 Enrollment Reports The SCHOOL DISTRICT Superintendent shall submit a yearly report on the fn'st student enunt of the second semester enrollment of all schools of eneh type in each CSA and each individual school by February 15th. L Monitoring Report~ The TAG ~hall review the information ~bmitted by the SCHOOL Superintendent and shall compile and submit a report annually on the following: 1. The accuracy of previous pupil enrollment projeetious compared with actual enrollment. 2. The accuracy of previous population projections of each CSA compared with 3. The accuracy of projected costs of school construction projects compared with 4. The accuracy of projected school eons~mion schedules compared with acsaml performance. All annual reports of the TAG shall be submitted to the MUNICIPALITIES, the COUNTY and thc SCHOOL BOARD by August I. Any interim TAG report shall be submitted to the parties within five days of oompletion. Page 41 of 71 M. Program Evaluation Report 1. On or before August 1, 2002, or at the request of any party to this AGREEMENT, TAG shall initiate an eval,_~ntion of the .effectiveness of the program. This evaluation shall consider but not be ]imlt~i to the followinE: (a) Number of school concun'ency suspensions by school typ~ (b) Duration of school concurrency suspensions (c) Ability t0nchieve and maintain the adopt~l LOS (d) Timeliness of parties' responsc required by th~ AGREEMENT. (e) Operation and effectiveness of the concun~ncy program. 2. TAG shall issue a re=port on the findings and recomme~'~,~ions to all PARTIES by November 1, 2002, and every 2 years thereafter, and within 90 days after the requc.~ for review by any par~y to this AGREEMENT. The recommendations shall include, but not be limited to, suspension and changes to the following: (a) Joint Planning and Coordination by pARTIES to this AGREEMENT Co) LOS Standards (c) Interlocal AGREEMENT (d) Goals, Objective and Policies (e) CSA boundaries (f) Implementing Ordinance ' (g) SCHOOL DISTRICT's Five-Year Capitol Facilities Plan. Page 42 of 71 N. Conflict of Interest 1. General. No TAG member shall have any interest, financial or other~wise, direct or indire~ or engage in any business mmsaction or professional activities, or incur any obligation of any nature which is in substantial conflict with the proper discharge of duties as a member of the TAG. 2. Implememafion To implement chis policy and st~ngthen .the fa/th and confidence of the citizms ofp*lm Beach County, members of the TAG are directed: (a) Not to a_ _,>->rp_ t any gift, favor, or service that might reasonably tend to improper]y influence the discharge of official duties. (iv) To make known bYwritum °r °ml discl°sure' °n the rec°rd at a TAG meeting, any interest which the member has in any pending matter before the TAG before any deliberation on that matter. (c)' To abstsln from using membership on the TAG to secure special privileges or exemptions. (d) To refrain from engaging in any business or professional activity which might revsonably be expected to requi~ disclosure of confidential information acquired by membership on the TAG not available to members of the general public, and refi-ain from using such information for personal gain or benefit- (e) To refrain f~m ~tin~_. employment which might impair indepead~nt judgment in the performance of r~sponsibilities as a members of the TAG. Page 43 of 71 (f) To refrain from transacting anY business in an official capacity as a member of the TAG with any business entity of which the member is an officer, director, agem or member, or in which thc member ownsa conlrolling interest. (g) To refrain from participation in any matter in which the member has a personal inve~iment which will create a substantial conflict betweea private and public interests. VII. MEDIATION OF DISPUTES The PARTIES acknowledge that the intergovernmental coordination provisions of Section 163.3177(6)(h), Florida Statutes, may not eliminate all disputes between the pARTIES to this agreement and such disputes may affect the SCHOOL DISTRICT and the land use plsnning authority of the COUNTY and the MUNICIPALITIES. In the case of the negotiation, adoption, and implementation of any provisions of this interlocal agreement or amendment thereto, COUNTY, MUNICIPALITIES and the SCHOOL DISTRICT agree that those PARTIES in opposition shall attempt an informal resolution of the concerns raised. In the event objections cannot be resolved 'within 20 days or such other time as may be mutually agreeable, the PARTIES shall have the fight to petition the Court in accordance with the provisions of Article IX.C. or submit their disagreement for mediation under the protocols of the PaLm Beach County Comprehensive Plan AmendmentS Coordinated Review Interlocal Agreement of October, 1993, as specified in Article X therein, attached as Exhibit A to this AGREEMENT- Page44of 71 If the mediation process is irretrievably deadlocked after three meetings, the PARTIES will submit their dispute to arbitration. The arbiWator will be selected by the Executive Committee of the Palm Beach County Issues Forum within 15 days after the third mediation meeting, and arbitration will cornmenc~ withJl130 days after the third mediation meeting. The arbitrator's decisions will be binding on the PARTIES, and the costs of arbilration will be borne equally by the PARTIES. VIII. COORDINATED PLANNING A. The Coordination of Planning and Sharing of Information The PARTIES recognize that sound planning for both educational facilities and student growth emanating from existing, redevelopment and new development of residential property requires adequate and accurate data and information and that effective coordination of these two planning functions requires that all of the PARTIES have access to and utilize the same data and information. Accordingly, the COUNTY, the MUNICIPALITIES, and the SCHOOL DISTRICT ague to share and coordinate information relating to existing and planned public school facilities, proposals for development and re-development, infrastructure required to support public school facilities, and population projections, including student population projections, which are utilized and relied on by the PARTIES for planning purposes. B. Population Projections The SCHOOL DISTRICT shall utilize the COUNTY'S population projections derived from the University of Ftorida Bureau of Economic and Business Rese~ch (BEBR) medium Page 45 of 71 population projections for permanent resident population, which include municipal and unincorporated areas, as the basis for student population projections. The COUNTY shall convert the BEBR projections into both existing and new residential units and disaggregate these units throughout incorporated and unlncorporaR~ palm Beach County into each CSA using BEBR's annual estimates by m,,-i¢ipality, persons-per- household figures, historid growth rates and development poteatial considering the miopted Future Land Use maps of all local gove~ment Co--ye Plans. These are shown in F_.xhibit E of thi~ agreement (''Projected Units Table") which shall be amended annually. The SCHOOL DISTRICT shall evalume the disaggregated projections prepared by the GOUNTY, considering the population projections contained in each local government Comprehensive Plan, and the Slate Dcpa~ truant of Education Capital Outlay Full Time Equivalent (COFTE) student projections, making modifications as necessary, and utilizing appwpriate models and methodologies. The SCHOOL DISTRICT shall develop and apply the St;,d,,nt Generation Multipliers as shown in EXHIBIT D of this AGREEMENT for all schools of each type to the projected residential units, considering past trends within specific geographic areas, in order to project school enrollment, consistent with the requirements of Ghapter 235, Florida Statutes. All PARTIES agree to the continued use of this methodology, which has been used by the SCHOOL DISTRICT sincc 1996, and, based upon its hiswrical accuracy, consider its results to be the be-st available data. Page 46 of 71 The SCHOOL DISTRICT, the COUNTY and the MUNICIPALITIES commit to continued efforts to improve this methodology and enhance coordination with the plans of the SCHOOL DISTRICT and local governments. Population and student en~llment projections shall be revised annually to ensure that new residential development sad redevelopment informa6on provided by the MUNICIPALITIES and the COUNTY is reflected in the upd,t,~! projections. The ~ projec6ons and the variables utilized in making the projections _~hs~ll be reviewed by all ~-tnries through the Inmgovernmental Plan Amendmextt Review Comm~t~' (IPARC). Projections ahall be especially revisited and refined with the results of the 2000 Census. C. Local Government Data Collection On April 1 and October 1 of each year, local govexnments droll l~sovide the SCHOOL DISTRICT with the information regarding the Certificates of Occupancy issued for new residential units. The actual students generated fxom new residential units will be used in the data and analysis for the annual update of the SCHOOL DISTRICT's Five-Year Capital Facilities Plan. D. School District Data PubHeatinn The SCHOOL DISTRICT shall publ/sh data conc~mlng school capacity, including the enrollment of each individual school based on the lust count of the second semester, the actual capacity of each school at the adopted level of service, the enrollment and capacity for ail schools of each type iff each con¢lnxency service area. 'rhe SCHOOL DISTRICT shall specifically update the data upon meeting the following conditions: no later than fifteen (I 5) working days after the annual Page 47 of 71 update of the SCHOOL DISTRICT's Five-Year Capital Facilities Plan; with the first count of the second semester caeh year;, az new ~pa~ty becomes operational; when a SCS is approved; or az concurrency determinations are issued. E. Multiplier Publication Sixty (60) days prior to the implementation of concorrmcy thc SCHOOL DISTRICT shall publish demographic multipliers. These multipliers will be used for the ~, of this agreement to det~.,,ine the number of elementsty~ middle and high school students, based on the v-tuber and type of residential units from the proposed development. These multipliers must bc'suppo~l by data and .analysis based on existing enrollment for each type of residential unit and will be upti.t,.d or re-verified by the SCHOOL DISTRICT upon renewal of this agreement. F. Proposals for Development, Redevelopment and Infrastructure required to Support Public School Facilities On or before January 1 of each year, for the SCHOOL DISTRICT's consideration and utilization in preparing its annual up,t~t, of the SCHOOL DISTRICT's Five-Year Capital Facilities Plan the COUNTY and the MI_IIqlCIPALITIJ~2S shall provide to the SCHOOL DISTRICT a report setting forth the COUNTY'S and the lvfUNICIPALITIES' respective projections for development, and rextevelopment, in the forthcoming year. In addition, before January 1 of each year the COUNTY and the MUNICIPALITIES shall provide to the SCHOOL DISTRICT a copy of any amendments to their respective five-year road plans, five-year ulility plans, and five-year plans for parks, fu~ protection and public safety and any other plans they have in their possession affecting infrastructure. Page 48 of 71 G. School Siting 1. Unless a local GOVERNMENT has or does enter into a sepa~-~te Interlocal Agreement relating to school siting, the following provisions shall be followed in school siting decisions. Ifa separate Interlocal Agreement that addreases school siting is ia effect, the provisions of that Agreement shall control ~nd thie Section ((3) and ~h~l! not be applicable b~twean those pardes. 2. The SCHOOL DISTRICT shall coordinate planning and site location of educational facilities with ,-~eh MUNICIPALITY and th: COUNTY in which a school site is proposed for corfu,action or site-acqnisition within the SCHOOL DISTRICT's Five:Year Capital Facilities. Plan in accorrlAnce with Chapte~ 235 and 163 of the Florida Statutes. This process -~ha!l assist in determining possible sites for the proposexl schools and the consistency with the Comprehensive Plan, applicable !and development regulations, the necessary existing or planned infrastructure, and coordination of public facilities such as parks, libraries, and community c~nters. 3. Not le~ than 90 days prior to adoption of the initial Five-Year Capital Facilities Plan and any amendments or yearly updates, the SCHOOL DISTRICT shall coordinate with the COUNTY and each MLR~CIPALITY' ia which a school is proposed for consmsction or expansion under the proposed plan to determine the consistency of one or more pwposed sites with the local government's comprehensive plan and the availability of necessary or planned infrastructure and to coordipst~ the proposed location with public facilities such as parks, libraries and community centers. Alternative sites may be proposed by the LOCAL GOVERNMENT for the consideration of the SCHOOL DISTRiCT. Page 49 of 71 4. At least 60 days prior to acquiring or leasing any property that may be used for a school site, the SCHOOL DISTRICT ~h~)l provide written notice of the proposed aeqnisition to the LOCAL GOVERNMENT in whose jurisdiction the proposed site is located. Ttfis written notice fi~m the SCHOOL DISTRICT shzll include a school site acquisition form, aerial map, location map and proposed acquisition and construction completion schedule. As qnicldy as possible but no later than 45 days from receipt of th;~ notice, the LOCAL GOVERNlvlENW shall notify the SCHOOL DISTRICT if the proposed site is consistent with the land use categories and policies of the LOCAL GOVERNMENT's eompr~fieusiye plan and 'zoning district and provide comments/'eganting the feasibility of each of the sites submitted by the SCHOOL DISTRICT. These comments should address the availability of necessary and planned infrastructure and the collocation of the proposed school facility with other public facilities such as parks, libraries and community centers. The SCHOOL DISTRICT shall include these comments in their rating system to determine the best overall site for acquisition. This preliminary notice does not constitute the local government's determination of consistency required by Section 235.193(5), Florida Statutes. 5. The SCHOOL DISTRICT shall submit a request for determination that a proposed site for a public educational facility is consistent with the LOCAL GOVERNMENT's comprehensive plan and land development regulations and an application for site plan approval as early in the design stage as feasible, but no later than 90 days prior to the proposed construction commencement date of a new public educational facility or modernization of an existing public educational facility. The SCHOOL DISTRICT application shall include the items required in Page 50 of '71 paragraph 4, a site plan meeting the requirements of the LOCAL GOVERNMENT's land development regulations to the ex~nt the land development regulations are not in conflict with the ~t" ~mi~orlaa building code or the review criteria in subparagraph Co) below, any other info!rmation required for site plan review under the LOCAL GOVERNMENT's land development reg~dntioll~, and, ff in a municipality, a municipal iraffi~ concunnmcy letter from thc County.Eagineer. The LOCAL GOVERNMENT ,h.n have 90 days to .detea~ine in writing after receiving all of the required inform,~on from the SCHOOL DISTRICT whether the proposed site end site plan for the public edn~on facility is consistent with the local comprehensive plan and local lend'development regulations and if the site plan is approved. (a) If the LOCAL GOVERNMENT informs the SCHOOL DISTRICT that a proposed sim is not consistent with the land use categories and policies of the LOCAL GOVERNMENT's comprehensive plan, thc SCHOOL DISTRICT shall not proceed to con.vo'uet any new or expanded public edvra!~onal facility on the site unless and until thc LOCAL GOVER.NMENT comprehensive plan is amended to make thc proposed facility consistent with the LOCAL OO~ comprehensive plan. If the site ~s consistent with the comprehensive plan's future land use policies and categories in which public schools are allowable nses, thc LOCAL GOVERNMENT may not deny th~ development of the site for a public educational facility but may impose reasonable development standards and conditions through the si~c plan approval process in aecordan¢~ with Section 23534(I), Florida Statutes. .. Page51of 71 Co) The LOCAL GOVERNMEWI' may not deny the site plan based on the adequacy of the site plan as it relates solely to the needs of the educational facility. The LOCAL GOVERNMENT's review may consider the site plan and its adequacy as it reln~t~ to environmental concerns, healfl~, safety and weLfare, and effects on adjacent property. Standaaxis and conditions may not be imposed which conflict with those established in Chspter 235, Florida StaV~, or the State Uniform Building Code, ~mless m~m,slly agreed by the SCHOOL DISTRICT and the LOCAL GOVERNMENT. Thc parties alpee that thc following criteria shall be applied in evaln~ng the site plan: (1) The proposed site and education facilities shall, at a l~inlml~m; meet thc State Requirements for F_,du~-:stlonal Facilities (SREF), plus a ten percent (I0%) capacity flexibility allowance in conformance with the SCHOOL DISTRICT's adopted level of service. (2) The site plan shall demouslrate that there are no adverse impacts on sites listed in thc national Reg{ster of Historic Places or otherwise designated in accordance with appropriate State guidelines as locally significant historic or archaeological resources. (3) The si~e plan shall provide sufficient space to meet on-site parking and on-site traffic circulation requirements to satisfy current and projected site generated vehicular demand. (4) There shall be adequatc setbacks, buffering and design controls to eliminate or decrease any negative externalities, such as noise, from affecting neighboring developments in accordance with SFJEF standards, at a minimum. Outdoor recreational facilities, Page 52 of 7! including ~ndiums and similar support facilities shall be located and buffered on the proposed site to mlnlmi~t~ impacts on the adjaceat properties. (5) The location of the proposed site _nhall comply with all provisions of Florida Statute, ns they ~late to thc siting of public education facilities. (6) The following access standards ahall apply to the proposed sites of the spo~fic ~hool typ~ to ~asure they a~ consisteat with the LOCAL GOVERNMENT's comprel~nsiv~ plam (i) For elementary schools, a'p~ial education fanilif~s, a~d alte~a6ve eduealion facilities, proposed school sites shall have ~ access to at l~nst a minor collector road or as othel'wi.se approved by the LOCAL GOVER.NMElqT meter d~termlnatlon of acceptable traffic impacts. (ii) For middle schools, tl~ proposed site shall have direct access to at l~'t a rain. or collector road or ns otherwise approved by the LOCAL GOVERNMENT after d~termlnntion of acceptable tra~c impacts. (iii) For high schooLs, the proposed location _~h,ll have direct access to at least a major collector road, or as otherwise approved by the LOCAL GOVERNIvl]~NT after dctcrmlnation of acceptable traf~¢ impacts. (c) Any facility not used exclusively for educational purposes and any non- educational uses are subject to the LOCAL GOVERNMeNT's land development regulations and such facility or use shall not occur unless approved pursuant to those regulations. Page 53 of 71 (d) Nothing herein shall preclude the SCHOOL DISTRICT and the LOCAL GOVERNMENT from developing alternative development standards based on mutually acceptable performance criteria, that would meet the intent of the provisions listed above. School District Review Of Future Land Use Element Plan Amendments. 1. F_aeh LOCAL GOVEKNMENT that is not a participant in the Comprehensive Plan Amendment Coo~dh~atexl Review Interlocal Agreement dated, October 1993, agrees to submit to the SCHOOL DISTRICT m least 30 days prior to its transmittal hearing an executive summary of any amendment to the Future l. and Use Element that modifies or adds any residential designation along wi~h a copy of the plan amendment and supporting material and the date, time, and place of the transmittal heating. Each LOCAL GOVERNMENT that is a participant in the 'Comprehensive Plan Amendment Coordinated Review Interloeal Agreement' shall follow the procedures of that AGREEMENT. 2. The SCHOOL DISTRICT shall review the in.formation submitted and shall evaluate the impact of the proposed amendment on the Public School Facilities Plan, the consistency of the proposed plan amendment with the SCHOOL DISTRICT's Five-Year Capital Facilities Plan, the impact on the adopted Level of Service standard for public schools, and the projected timing and delivery of public school facilities to serve any residential development authorized by the Comprehensive plan Araendment 3. Within 20 days of receipt, the SCHOOL DISTRICT, shall submit to the COUNTY or affected MUNICIPALITY a written repom set~ing forth the findings and Page 54 of 71 recommendations of the SCHOOL DISTRICT, and specifically setting forth the capacity, or lack thereof; of existing facilities or platmext facilities in the current SCHOOL DISTRICT Capital Facilities Program Plan to s~rw additional students without ovemrowding such facilities I~yond the adopW_xl Level of Service. 4. The COU1N-I'Y or MI.J1NrICI~ALITY ,~h~ll consider the rvport and r~commeod=6ons of the SC~IOOL DISTRICT at its tranz*nlnAI ~ and if the COlJlql~ or MUNVlC~ de~icl~ to lrart, mait t~. l~upo~cl phm alz~clmt, alt to th~ I)~tmtflne~ of Comm~mity Affai~, the COUlqTY or MUlqlCIPALITY qhall include thc v~itten report and r~comr~enrl=6ons of thc SCHOOL DISTRICT in its tranmaittal package. 5. In considering wheth~ to adopt any Comprehensive Plan Amendment providing for residential development, thc COUNTY and the MUNICIPALITIES agr~ to consider thc factors set forth in the written report of thc SCHOOL DISTRICT. 6. Thc COIJNTY and thc MUNICIPALITIES agree to abide by thc procexlures set forth in subparagraphs 1 through 5 abovr, in conzid~ing any proposext amendments to the Future Land Usc Element of th~'tr mspe~tive plans. IX. SPECIAL PROVISIONS A. SCHOOL DISTRICT Requirements. The PARTIES aeknowlodge and agree that the SCHOOL DISTRICT is or may be subject to the requirements of the Florida and United States Constitutions and other state or federal Page 55 of 71 statutes regarding the operation of the public school system. Accordingly, the COUNTY, the MUNICIPALITIES and the SCHOOL DISTRICT agree that this AGREEMENT is not intended, and will not be construed, to interfere with, hinder, or obsmmt in .ny m~nner, the SCHOOL DISTRICT's constitutional and statutory obligation to provide a uniform system of free public schools on a county-wide basis or to require the SCHOOL DISTRICT to confer with, or obtain the consent of the COUNTY or the MUNICIPALII'IES, ~s to whether that obligation h~ been satisfied. Further, the COUNTY, the MUNICIPALrFIF~ and the SCHOOL DISTRICT agree that this AGREEMENT is not intended and will not be construed to impose "ny duty or obligation on the COUNTY or MUNICIPALITY for the SCHOOL DISTRICT's constitutional or statutory obligation. The COUNTY and the MUNICIPALITIES also acknowledge that the SCHOOL DISTRICT's obligations under this AGREEMENT may be super~ed by slate or federal court orders or other state or federal legal mandates. B. Land Use Authority The PARTIES specifically acknowledge that each LOCAL GOVERNMENT is responsible for approving or denying comprehensive plan amendments and development orders within its own jurisdiction. Nothing heroin represents or anthodzes a wansfer of this authority to any other party. Page 56 of 71 C. Specific Performance The COUNT~, the MUNICIPALITIES and the SCHOOL DISTRICT shall have the right to petition the Ci_nmit Court for the Fifteenth Judicial Circuit for the State of Florida for specific performance of any and all of the provisions of this AGREEMENT. X. ACTS OF GOD AND O'I'F~.R EXIGENT. CIRCUMSTANCES BEYOND THE CONTROL OF ~ SCHOOL BOARD The COUNTY aud the MIJ~CIPALITIES acknowledge that the SCHOOL I~ISTRICT. in its ope~.'on of the public school system, is subject to events, circumstances, and ex.'hal forces and authorities beyond ks control. Examples are liurricanes or other natural disasters which d~txoy school facilitiea, other emergency situations affecting the operation of the public school system, state court judgments concerning the SCHOOL DISTRICT's State Constitutional or Statutory obligation to provide a uniform system of free public schools, and school desegregation orders or compliance agreements involving Federal Courts or the Office of Civil Rights, United States Department of Education. Such events or actions may prevent the SCHOOL DISTRICT from complying with the provisions of this AGREEMENT and may require the SCHOOL DISTRICT to deviate from or modify the SCHOOL DISTRICT's Five-Year Capital Facilities Plan agreed to and approved by the COUNTY, the IvlIJNICIPALITIES and the SCHOOL DISTRICT. The COUNTY and the MI_INICIPALITIES hereby agree that such noncompliance, deviations, or modificalions will not be Page 57 of 71 deemed a violation of this AGREEMENT and that the provisions of suspension will pertain to those XI. STANDING AND THIRD PARTY BENEFICIARY RIGHTS The PARTIES hereby acknowledge and agree thzt it is not the intent of any party to this AG~ W confer any rights on any persons or entities other thnn t~ PARTIES to AGR171~II~IqT. No person or entity not a party W this A~]~I:-lvl]~!Nrl' shall have any claim or cause of action against either the COUNTY, the MUNICIPALrYIES or the SCHOOL DIST~,.ICT for the fa/lure of any party to perform ha accordance with the provisions of this AGREEMENT except as may be provided by law. AMENDMENT, ~VITHDRAWAL AND TERMINATION A. Amending/he AGREEMENT This AGREEMENT may be amended only by written agreement of 51% of thc PARTIES. B. Withdrawal from AGREEIVEENT Any PARTY that is no longer required by law to be a party to this AGREEMENT may withdraw from the AGREEMENT by sending written notice to the other PARTIES to the AGRE~ and the Department of Community 3cffai~ (or its successor agency) at least shay (60) days prior to the effective date of the withdrawal. Page 58 of 71 C. Addifionnl Participants Any MUbIICIPALITY that.becomes a requited party after the effective date of this agreement may become a party to this agreement upon execution of a Unilateral Participation Agreement in such form as the agreement attached hereto as Exhibit C. D. Termination of AGREEMENT This A/3~ may be terminzted by 75% of the PARTIES ~llng a ~ notice of t~,,,&aation with the other pARTIES :wJthi,~ any ninety (90) day period. The AGI~lk'~MHNT shall immediately be terminated upon-the filing of the written notice by the last required p~. XIII. -i-~:RM OF TH'F. AGREEMENT This AGREEMENT shall be for a ~ of (5) years and will automatically be renewed for an additional five ($) year term as long as no required PARTY objects in writing to the renewal. Any objection, by any PARTY to thi~ AGREEMENT, to the renewal must be sent to the other PARTIES no sooner than 90 days pt/or to the end of the term. XIV. INDEIVINi['ICATION OF PARTIES A. Hold Harmless The SCHOOL DISTRICT agrees to hold harmless and indenmify the other pARTIES to this AGREEMENT against any.third parrot claim, liability, lawsuit, and dsmage award arising out of the performance of this AGREEMENT for any acts, failure to act, or decisions of the SCHOOL Page 59 of 71 DISTRICT that are totally within the purview of the SCHOOL DISTRICT or are the responsibility of the SCHOOL DISTRICT under this AGREEMENT. Acts or decisions of the SCHOOL DISTRICT include, but are not limited to, items relating to school attectt~nee boundaries, providing adequate capacity for n~v s~a~ in the SCHOOL DISTRICT's Five-Year Capital Facilities Plan, coostmc~n~ and mod~3'~n~ school< consistent with thc adopted SCHOOL DISTRICT's Five-Year Capital Fadlities plsn~ decisions on whether to accept or reject mitigation, and decisions on available capacity in the review process. : B. Third Party Claims The COUNTY and each individual MUNICIPALITY that is a PARTY to this AGREEMENT agrees to hold harmless and inderanify all other PARTIES to thc AGREEMENT against any third party claim, liability, lawsuit, and damage award arising out of thc l~rformance of this AGREEMENT for any acts, faihire to act, or decisions of that PARTY that am totally within the purview of that party or are thc re.ponsibility of that party under this AGREEMENT. Acts or decisions of the COUNTY or an individual municipality include, but are not limited to. the denial of an application for developmea~t approval based on school impacts after the SCHOOL DISTRICT has informed that party that adequate school capacity exists for the development. XV. MULTIPLE ORIGINAJ.,S This AGREEMENT may be executed in one or more counterparts, each of whigla ~hall be deemed an original, but all of which together shall constitute one and the same instrument. Page 60 of 71 XVL EFFECTIVE DATE OF AGREEMENT A. Effective Immediately Upon this AGREEMENT being signed by the last requL, cd PARTY, the AGREEMENT shall be filed w/th the Clerk oftbe C/wuit Couxt This AGR.F_,EIv~NT ~ take effect immediately on th~ date filed with the Clerk of the Ciwuit Court and shall continue until B. Nullification of AGREEM~ENT If this AGREEMENT is not signed by all tWXluired PARTIES by July 1, 2001, this AGREEMENT shall be null and void and all PARTIES that sign this agreement are releazed from any obligation imposed by the AGREEMENT. IN WITNESS WHEREOF, the undersigned PARTIES have executed this Interlocal AGREEMENT on the day and year indicated. ATTEST: PALM BEACH COUNTY, FLORIDA., BY ,*~',~**.*'*. ITS BOARD OF COUNTY COMMISSIONERS ooarc~l~ uour~, ~ne~ ~ '.Th'- ~_. . -~ . ~ By~ ~,'~.~ ~ By:~ :~: , ;. :~: . . . ~,erk ;~ ~:~l~' -* ~'O · Commiss'°ner Maud¢ F°rd Lee' Chaxr ......... a2000 OaO8 ' ..." Approved ks to Formand '...." Date: JU# . ~ ~[~ Le//g~ju~(Iciency County Attorney Page 61 of 71 ATTEST: SCHOOL BOARD OF PALM BEACH COUNTY Approved as to Form and Legal Sufficiency · ~Jo'mey for"~ehool Baard ~r?Sandra Richmond, Cl~rman ( Page 62 of 71 City Cl~k A-i-i~ST: By:. City Clerk ATTEST: By:. City Clerk MUNICIPALITIES CITY OF ATLANTIS By: W'flliam Howell, Mayor DATE: CITY OF BELLE GLADE By:, Hat'ma Miller, Mayor DATE: CITY OF BOCA RATON By: Carol Hanson~ Mayor DATE: Page 63 of 71 ATTEST: By: City Clerk ATt'EST: By: City Clerk ATTEST: By: City Clerk MUNICIPALITIES CITY OF BOYNTON BEACH By: ~rald Broenlng, Mayor DATE: CI'[ Y OF DELKAY BEACH By: David Schmidt, Mayor DATE: CITY OF GREENACRES By: Samuel Ferreri, Mayor DATE: Page 64 of 71 MUNICIPALITIES ATTEST: By: Town Cl~'k ATTEST: By:. Town Clerk Al l ~zST: By:. Town Clerk TOWN OF HAVERHILL By: Charles Stoddard, Mayor DATE: TOWN OF HYPOLUXO By: Kenneth Schultz., Mayor DATE: TOWN OF JUNO BEACH By: Robert Blomquist, Mayor DATE: Page 65 of 71 MUNICIPALITIES ATTEST: · By: Town Clerk ATTEST: By: " Town Clerk ATTEST: By: Town Clerk TOWN OF JUPITER By: Karen Oolonka, Mayor DATE: TOWN OF LAKE CLARKE SHORES ' By: Malcolm Lewis, Mayor DATE: TOWN OF LAKE PARK By: William Wagner, Mayor DATE: Page 66 of 71 MUNICIPALITIES ATTEST: By: City Clerk ATTEST: By: Town Clerk Al I k.,ST: By: Village Clerk CITY OF LAKE WORTH By: Tom ]~-mlccio, Mayor DATE: TOWN OF LANTANA By: David Stuart, Mayor DATE: VILLAGE OF NORTH PALM BEACH By: Joseph Tringali, Mayor DATE: Page 67 of 71 MUNICIPALITIES ATTEST: By: City Clerk ATTEST: By:. Town Clerk Al l~T: By: City Clerk CITY OF PAHOKEE Alvis Davis, Mayor DATE: TOWN OF PALM BEACH By: Lesly Smith, Mayor DATE: CITY OF PALM BEACH GARDENS By:, Joseph Russo, Mayor DATE: Page 68 of 71 MUNICIPALITIES A'I-I'PLST: By:. Town Clerk ATTEST: By: Village Clerk ATTEST: By! City Clerk TOWN OF PALM BEACH SHORES By: Thomas Mills, Mayor DATE: VILLAGE OF PALM SPRINGS By: John Davis, Mayor DATE: CITY OF RIVIERA BEACH By: Michael Brown, Mayor DATE: Page 69 of 71 ATTEST: By: Village Clerk ATTEST: By: City Clerk Al 1 EST: By: Village Clerk MUNICIPALITIES VILLAGE OF ROYAL PALM BEACH By: David Lodwiclc, Mayor DATE: CITY OF SOUTH BAY By: Clarence Anthony, Mayor DATE: VILLAGE OF TEQUESTA By: C~rl Hmasen, Mayor DATE: Page 70 of 71 ATTEST: By:. Village Clerk ATTEST' By: City Clerk MUNICIPALITIES VILLAGE OF WELLINGTON By: Carmine Priore, Mayor DATE: CITY OF WEST PALM BEACH By: Joel Daves, Mayor DATE: Final 6/06/00 Page 71 of 71 Ce EXHIBIT B Implementing Ordinance Elements SCHOOL CONCURRENCY ORDINANCE BASIC FRAMEWORK See Interlocal Agreement Applicability (required concurrency determination) 1. Applies to: a. All new residential development orders b. Amendment to existing development orders which increase the number of residential units 2. Does not apply to: a. Project with no impact on school attendance, i.e. non-residential or elderly restricted housing, or single family platted lots Establish Level of Service Standard and Application of Standard 1. Level of Service standards 110% and 120% a. How measured b. Test for Level of Service 2. Concurrency Service areas (CSAs) a. Application of CSA b. Amendment of CSA 3. Assured construction - definition (budgeted, adopted, and scheduled school construction) 4. Standards for mitigation 5. Procedures for residential development phasing to assured school construction or mitigation Procedure for Reviewing Development Applications 1. Documents which must be submitted for review 2. The point in the process at which evaluation must occur. Generally, before any development order is issued. . 3. Transmittal to School District (process, time frames) 4. Evaluation and comments of School District (time frame) 5. Incorporation of conditions of approval into development order 6. Appeals of School District decisions Procedure for School District Review 1. Transmittal to School District for review 2. Time frames for review and comment 3. Effect of comments H :\DATA\W p51 \DOC\CONCRN CS~SECTION~INTER-LOC~XHB by Article VI. Section A. of thc School Concurrency Agreement. This participation Agreement shall bE effective upon execution and illin§ pursuant to pm'agraph 4 and shall continue in full force and effect unless New Member withdraws pursuant to Alii¢le XX[, Section B or,he School Concurrency Ag!'eeraent or the School Concurrency Agreerae~t Ls otherwise termiaated. below. I}4 V~ l i i~I'ESS WI-~P,.EO~. ' this Agree~nent has been executed by ., ~s of the date and year indicated By: Date: EXHIBIT C pA_RTI CIPATION AG ILEEivIENT TI-~S AGILEEM~NT dated this day of , , entered into by and among thc a municipal government, her~ina.flcr "lqew Participant", and thc various parties executing the Public School Concu:~cy Int~'local Agreement dated , hereinafter "School Concurrency A. grccmcnt"; WITNESSETH: ~,VHEILEAS, a public school concurrency program ~ been established as certain I.ntexlocal Agreement dated ; and evidenced by that desires to become a participant Under said ' agreement; and WH~EI:~AS, pur~ant to Article XII, Section C of the School Concurrency Agreement. particip.ation is authorized upon tt~e execution of this unilateral participation Agreement NOW, TI-EERE-FOP,-E, in consideration of the mutual covenants contmne:d heal:Ill. It tS agre~l and understood by and among the undersigned New participant and the participants in the:School Concurrency A. greemcnt as follows: 1. -Upon exeCution of this Agr~ment, New Participant wiil become a participant in the School Concurrency Agre~rwnt. 2. The New parti~pant ~hall enjoy all the privileges of, and shall be bound by all the terms and conditions of, the School Concurrency Agreement. The New Participant shall adopt the requited comprehensive plan amendments ptu'suant to Article 1~ Section B as soon as possible after execution of this participation Agr~ment- .3. The participants in the School ConctWreficy A.g'r~ement agree to the inclusion of New participant in accordance with Article Nil, Section 13 of the School Concurrency Agra-cement as it is acknowledged that the.iht, lesion' of an additional participant fucther~ the intent and spirit of the School Concurrency Agreement. · A. A copy of this Participation'Agre;ment shall be filed with the Clerk of the Court in and for Palm Beach County and whh thi _T_.echnical Advisory Committee established EXHIBIT D Student Generation Multiplier Table TOTAL PUBLIC PUBLIC PUBLIC PUBLIC SAMPLE SCHOOL SCHOOL SCHOOL SCHOOL S~ZE t~--12 K--5 &--8 9-12 ALL HOUSE TYPES I BEDR 70 0.04 0.04 0.00 0.00 2 BEDR' 252 0. i2 O.OB 0.02 5 BEDR 245 0.50 0.15 0. i2 0.22 5+ BEDR 7& 0.6~ 0~58 0.15 0.15 2 OR LESS 125 3 BEDR · 217 5~ BEDR 70 FAMILY DETACHED AND ATTACHED LOW RISE MULTI. FAMILY O. 19 O. 14 O. 05 0.55 0.17 0.12 0.~2 0.40 O. 17 0.00 O. 25 0.15 1 BEDR 28 0.00 0.00 0.00 0.00 2 BEDR 97 O. i0 0.0~ 0.05 O.Ol · 5 BEDR 18 0.58 0.05 0.26 0.16 5+ BEDR 5 O.&& 0.3--5 0.00 0.55 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0_00 0.00 0.00 0.00 0.'00 O. 10 O_OO O.OO 0.00 0.00 0.00 0.00 0.00 0.00 MID RISE MULTI. FAMILY 1 BEDR 13 2 BEDR 23 5 ]BEDR 1 5+ BEDR 0 HIGH RISE M. ULTI. FAMILY I BEDR 8 2 B~R 19 5+ BEDR 2 MOBILE HOME 0.00 O. O0 O. O0 O. O0 0.00 O. LO 0.00 0.00 I BEDR I 0.00 0.00 0.00 0.00 2 BEDR 10 0.00 0.00 0.00 0.00 J BEDR 5 0.00 0.00 0.00 0.00 ~+ BED~ I O.OO 0.00 -0.00 O.O0 EXHIBIT A COMPREHENSIVE pL3%N A/{ENDMENT COORDINATED REVIEW INTERL6C~,L AGREF~ENT This Interlocal Agreement, dated the 1st day of October, 1993, entered into by and among the various parties executing this Agreement, each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes; W I T 14 E $ S E T H: ~ERF-A$, Part I of Chapter 163, Florida Statutes, permits pu'bli, c agencies as defined the-rein t6 ent~ into interlocal agreements wi~ each other to jointly exercise any. power, privilege, or authority which such agencies share in common and · /which eaC~h might exercise separately; and -' w~, Part' II of Chapter 163, Florida Statutes, ~equire~ the coordination of local compre_hen~ive pla/ts wi~ .the comprehensive plar~of adjacent loc~1 governments ~ndthe plans school' boards and other units of local government providing services but not having regulatory authority over ~he use of land; and w. ~ w~%,~, t-he pai-ticipants to. this Agree~ent desire establish an intergovel-nmental coordination progr~ for reviewing proposed changes to adopted comprehensive pla~%s which fully utilizes the existing Chapter 163 comprehensive planning process with min~al bu~reaucracy and e_~ense for t-he participants; and ,~iuE~%S, pa~-ticipation in ~i~. p~0c3ram.shall not ~!~inish any existing local government's or sez-vice provi~er's process or. power;. and WhuREA$, the participants'desire to enter into this Agreement Exhibit A Page 1 of 35 to provide countywide coordination in amendment process. NOW, T~EREFORE, contained herein, it among the undersigned agencies that this Agreement, as follows: A~TICLE I. TITLE This Agreement shall be known "Comprehensive Plan-Ame~8~nt Agreement". ARTICLE~II. PD~POSE The pul-pose 6f this Agreement is the comprehensive plan in consideration of the mutual covenants is mutually agreed and understood,, by and now or may hereafter-execute and ~y be cited as the Coordinated Review Interloc~l to e~ablish ~ oouz~t~ide Comprehensive Plan Amendment Coordinated Review Process. This process i$ designed to pro, ride- coord~-ation of proposed plan amendments, coopel-ation be~-~een affected lo.al govern~e~t_~ ~nd service provid~, ~d oppo~ t~itie~ to resolve pot~tial d~ut~ delays and wi~out ~e nec~si~ of si~ifi~t s~f~g or con=ultant costs. Specifi~lly, the Comprehensive Plan ~en~ent Coordinated Revie~ Proc~s ~ill accomplish ~e foilo~ing: A. Proposed Pi~ ~dmen~ =hall have s~fici~t ' transmittal and final"appro~l will not.'oc~ ade~ate notice to l~cal governments and se~ice providers ~ho may be adversely affected by the action. Exhibit A Page 2 of 35 B- An avenue for discqssion and evaluation of the !~roposed Plan Amendments is created so that the governing body is aware of objections, the basis for them, and the reasonableness of the objection. C. An opportunity is created for conflict resolution of an item which, if approved, may result in a potential problem for another local governmen~ or service provider. D. The Comprehensive Plan Amendment Coordinated Review Process does not diminish or tr~ferexisting authority with respect to planning and implementation decisions of the participants. ARTICLE:III. DEFINITIONS -- The following definitions shall apply ~o t-his AgreemAn~: "Act" means Part I of Chapter 163, Florida Statutes. "Agreement" means t--his Interloc~l. ~Freemen=, including any ~mendment~ or ~upplements hereto, executed ~nd delivered in. accordance with the ter~s hereof. "Clea=inghouse- means.the agency that provides the logistic support service~ for the Comprehensive Plan Amendment Coordinated Review Process. "Comprehensive Plan" means the plan adopted by a local government pursuant to Chapter 163, Part II, F~'orida Statutes, meeting the requirements of Chapter 163, Part II-, Florida Statutes and it~ implementing-rules '"' ''"Conflict Resolution ~anel"..mean~.:a subgroupof·the I.nterlocal Plan Axnendment-Review Committee. Exhibit A Page 3 of 35 "Days" means calendar days. "Executive Com~{ttee" means local governments and service the representative body of the providers responsible for the oversight and administration of this Agreement. "~act-flnding P~nel" means a subgroup of the Interlocal Plan /~mendment Review Committee. "Governing Body" means the board of county commissioners of a county, the commission or council of an incorporated municipality, the Palm Beach County School Board, the Governing Board of the South Florida Water Management District, or the governing body of a specia~ district. "Interlooal p~ Ame~'~t Review Committee" meahs comprised of full--time, p~aruning directors or other ~i~i~a~ position, from any .local govel-nment pal~cicip~t. T~/s ~roup cha~ged with the major tec~c~l role in the Comprehen~i~e'.Plan Amendment Coordinated Review Process. "I~>~a~ Gove~zune~t- m~ the i~orporated cit_%e~,. /c.o'~'l~ 'w~c_h:~--~ Palm Beach County and the County Of Palm Beach. "Participants" me~ns t-hose local government~ and-" ~e-rVice providers who have entered into the Comprehensive Plan Amendment Coordinated Review Proces~t-baroughthis Agree~nent and have paid t. he annual participation fee as required in this Agreement. "~l=n Amendment" means ~ny change-or modific~ion~jtO~p~4~ adopted compre-hensive-p~an-that.~sconsidered a-:comprehen~i~e-.~len amendment pursuant to Chapter 163~ Part II, Florida Statutes, .or., its implementing rules. Exhibik A Page 4 of 35 "Service Providers" means the Palm Beach County School Board, the South Florida Water Management District, and all independent special districts located in whole or in part in Palm Beach County which provide services required to be addressed in comprehensive plans by Chapter 163, Part II, Florida Statutes. A/~TICLE IV. PARTICIPATION. Section 1. Ail local governments and service providers located in whole or in part in Palm Beach County are eligible to participate in this Agreement. Only the parties who execute this Agreement and who have paid their annual participatio~ fee are considered participan~ under this Agreement. A/~y local government' or service provider who is not a participant by October/i, 1993, may become a 'participant upon execution of a unila-teral P~rticipation Agreement, in suc/~ forum as the ag~reement att%ched 'hereto as Exhibit "A". Section 2. Pa~-ticiDant ~neral Oblications A. All participants shall be obliged to pay an annual Pa~-ticipation fee. (1) The initial participatio~ fee shall be $500.00 per participant. This 'fee shall cover participation from October 1, 1993 to September 30, 1994 and shall be due and payable by October 31, 1993. (2) The participation fee shall be $500.00 per year for each $%%bs.equent..,.~year, -unl~s thi~ ~amount-. is modified as authorized in A~cicle..V, Section. 2, F.. No modification s~all increase the fee by more than . Exhibit A Page 5 of 35 25% of the past year's fee amount. The annual participation fee shall be due and payable by October 1 of each succeeding year. (3) Non-payment of the fee shall result in the suspension of participation in this Agreement pursuant to Article XI, Section 7. (4) A fee paid pursuant to t--his section shall not be returned in. full or ~rorat~ amount upon a participant,~ withdrawal from T-his Ag~.ee~ent. Participants entering i~to this Agreement after = October 1, 1993, or du~ing any period subs~ent to September 30 of each year thereafter, s~tl be obliged to remit the entire fee amount. B. The local governme_n~ emplqing 'full-time planning directors or other s~{lar position~ a~e req%%ired to appoint that person to the Interlocal Plan A~endment Review Committee. C. The local government~ ~nd service providers who ~become parti¢ipant~ agree to provide terhnical a~si~t~nce'requested by a Fa=t--~i~ding Panel or Conflict Resolution Panel established pursuant to this Agreement. A~TICLE V. Z/ECUTIVE CO~}{ITTEE Section 1. Creation;PurPose The=re shall be -created '-~n~.~xe~utive Co~uuit-tee to ove-rsight.'.and direction "to'~"t/ae" Comprehen'sive'-Plan Coordinated. Review accordance with and provide A~endment ProCesS 'established this Agreement, in pursuant to the duties and responsibilities Exhibit A Page 6 of 35 expressed herein. Section 2. Duties and Powers The Executive Co~fttee shall powers and responsibilities: A. B. C. have the following duties, Prepare an annual budget. Oversee the collection and expenditure of funds. Prepare an annual report to the participants detailing the activities and results from the comprehensive plan a~endments processed ptursuant to this Agreement. D. Oversee the operations of the various 2Panels, committees, and the Clearinghouse established ~ pursuant to this Agreement. E. MaRe recommendations to the participants on ways improve the coordination proc.ess. Y. Modify the annual.participati6n fee in accordance with this Agreement. G. By majority vote of the entire m-mhership of the Committee, ~odify the time frames set forth in Article VIII. H. Propose amendments to this Agreement pursuant to Article XI, Section 4. I. Select the Clearinghouse from interested participants. No enumeration of duties, powers, and responsibilities herein shall be deemed exclusive or restrictive, but shall be deemed to Exhibit A Pa§e 7 of 35 incorporate all implied powers necessary or out the purposes of this Agreement. Section 3. Membership A. The Executive Committee shall consist of selected from the following., five categories specified, and shall meet the following criteria: (1) Four elected municipal officials, incident to carrying nine members, in 'the manner selected Palm Beach County Municipa~ League. by the (2) T~o Palm Beach County Commissioners, selected by the Palm Beach County Commission. ~--- (3) One member of t_he Palm Beach County Schoo~iBoard, selected by the Palm Beach County School Bo~d'. (4) One ~ember of the South Florida Water Management District Governing Board, selected by the South Florida Water Management DistriCt Governing Board. (5) One Special District Representative, who shall reside in Palm Beach County and represent a District in' Palm Beach County, appointed by the RegionaI Chair of the Florida A~sociation of Special Districts. B. Except for the Special District Representative, all m-~bers of the Executive Committee shall be a representative of a Pa-'-ticipant. Each me_m~_r shall have one Vote on the Committee. C. Each category as set forth in Paragraph A shall be entitled to appoint one (1) alternate. The alternate from Exhibit A Page 8 of 35 categories 1 -- 3 must be an elected official. If no other member of the South Florida Water Management District Governing Board resides in Palm Beach County, ~he Executive Director or his designee shall be the South Florida Water Management District alternate. The Regional Chair of the Florida A~sociation of Special Districts shall appoint as the Special District alternate a person who resides in Palm Beach County and represents a distri~ in Palm Beach County. The alternate may act in place of any member from the s~me category. D. In t_he event there are no participan~ in a designated category set forth in paragraph A, that category shall ~9_deemed deleted and all remaining categories shall constitute the Executive Committee accordingly. Section 4. Executive Committee Action A. The affairs, actions and duties of the Executive Com~ittee shall be u~dertaken at duly called ~eetings pursuant to Section 9 hereof. B. For any meeting of t_he ~xecutive Committee at which any official action is to be taken, a majority of the committee me,ers Shall constitute a quorum, and a majority vote of the members present shall be the act of the Executive Committee. C. A certificate, resolution, or instrument signed by ~he Chair, Vice--chair or such other designated person of the Committee as may be hereafter selected by.the Committee shall be evidence of the action of the Committee. Section 5. Election o'f Officers _ ' Exhibit A Pa§e 9 of 35 Once a year, and at such other time as may be necessary to fill a vacancy, at a meeting of the. Executive Committee called for the purpose thereof, the Committee members shall elect a Chair, a Vice-chair, and a Secretary-Treasurer to conduct meetings-of the Committee and to perform such other functions, as. herein..prov-ided. Said Chair, Vice-chair and Secretary-Treasurer shall serve one (1) year terms unless t-hey resign sooner pursuant to Section ? hereof. Section 6. Authority of Officer?. A. The Chair and the'Vice--chair shall take such action and sign such documents on behalf of the Executive Committe~nd in furtherance of the purposes of this Agreement as shall be ~pproved by resolution of the Committee. B. The Secretary-Treasurer, or his or her designee, shall keep minutes of all meetings, proceedings and acts of the Executive Committee but such minutes need not be verbatim. Copies of all minutes of the meetings of the Secretal-y-Treas%urer, or designee, s~ch other pal Lies as requested. Section 7. Resignation A. Any member may Committee shall be sent by the to all Commit=ee m-tubers and to resign from all duties and responsibilities hereunder by giving at least seven (7) days prior written notice sent to t--he Chair. Such notice shall state the date said resignation shall take effect and such resignation shall take effect on such date. " B. In the event any' member shall resign as the representative of a participating group such participating group shall appoint a new representative as expeditiously as possible. C. Any member, upon leaving office, shall forthwith turn over and deliver to the Chair or Vice-chair any records, books, documents, or other property in his possession or under his or her control whic~ belongs Executive Com/nittee and/or re%ares to ~his Agreement. Section 8. Liability and all or h~r to the No member of the Executive Committee shall be liable for any action t~ken pursuant to t_his Agreement in good faith, or for any omission, except gross negligence, or for any act of omission or commission by any other member of the Committee. -_ Section 9. Meetings -- A-: The ~xecutiveCommittee shall convene at a meeting called by either a ~ajor~ty of the m-~hers or at t-he request of the Chair.- Meetings shall be conducted at such lo~ation~ as may be acceptable to the majority of the Committee. The chai~ shall set forth the da~e, time, location and pul-pose of each meeting and notice thereof, %ulless otherwise waived, shall be fUarnished to each'member by t_he Sec~etary-Treasure~, or his or her designee, not less than seven .(7) days prior to t_he date of such meeting. The Chair may direct the Secretary-Treasurer to send the prerequisite notice for any meeting of the Committee otherwise called in accordance with the provisions hereof. B. During October 1993, the duly appointed m~hers of t--he Committee shall hold an organizational meeting =o elect officers and perfo~-m such other duties as shall be provided under this Exhibit A Page !1 of 35 Agreement. ARTICLE VI. INTERLOCAL PLA/~ ~2~ENDMENT REVIEW COk~ITTEE A. Participant local governments employing full-time planning directors or other similar position are required to appoint that person as a me,er of the Interlocal. Pla~'2~mendment Review Committee. B. The functions of this Committee are as follows: (1) To provide participants, Fact-finding Panel. (2) To provide participants, rules of procedure consistent Agreement. A. On a rotating basis, for & on a rotating bas~,--for a Conflict Resolution Panel. (3) To ~11 for tec~ical assistance from ~ervice providers and other agencies which participate in this coordination activity. (4) To meet, at least quarterly, for the purpose~ of administration, consideration of refer-reis, report~ of ~ubco~ttee~, general ~oor~nation and consultation, and the forwarding of report~ of action~ to the participants. The Committee shall establish its own organization and with the provisions of %his The Clearinghouse sha~t, be a~-participant public.agency... The Clearinghouse shall'be responsible for: 1. The establishment of an account into which the Exhibit A Pag~ 12 of 35 ARTICLE VIII. PROCESS amendments receive. participatio~ fees required herein shall be deposited. The deposit and disbursement of funds in accordance with generally accepted accounting standards. Securing and storing all adopted local government comprehensive'plans, and ell amendments thereto. Coordinating the Comprehensive Plan Amendment Coordinated Review Process, as specified in Article VIII, Section 3. COMPREHENSIVE PL~/~ ]tKENDF~E~T COORDINaTeD R~v£EW Seption 1. Local Government SPecific Obliaation~ A.~ All participant local governments are obligate~ to do the following: Inform the Clearinghouse of 'the notice of plan proposed by other participants that it desires to (2) Designate to the Clearinghouse the position or individual who can file & written notice of intent to object and a formal objection. (3) Inform the Clearinghouse whether a formal governing body action is required prior to filing a %rritten objection. (4) Provide the Clearinghouse with"a full copy of the local government's adopted Comprehensive Plan within thirty..(30) days of the effective date of this Agreement. If a' local government becomes a participant after October 1, 1993, the Exhibit A Page 13 of 35 participant shall provide the Clearinghouse with a full copy of its adopted Comprehensive Plan within thirty (30) days of the effective date of the Participation Agreement. B. When processing a proposed plan amendment to its own Comprehensive Plan, the local ~overnment shall do t-he following: (1) Submit all proposed plan amendment documents required by Section 3 A. to the Clearinghouse at least thirty ( 30 ) days prior to th~ local government, s' transmittal hearing. (2) Meet with any objectors at least one time ~rior to the transmittal hearing on the Propo~d plan ~ amendment . . .'" (3) Participate in fact-finding as described insection 3. (4) Include in ~he proposed plan amendment transmittal to the Depa_~_ment of Community Affairs, or within five (5) deys of receipt if received after transm/ttal, all written notices of intent to object.and written objections received pursua/~t to Section 3, the status of that objection, a fact- finding report prepared pursuant to Section 3, and any report from a Conflict Resolution Panel prepared pursuant ~o Section 3. (5) Consider p~u%-ticipating in any Conflict Resolution Panel requested by an objector. The 'local government init%ating the proposed plan amendment Exhibit A Page 14 of 35 (6) is under no- obligation to participate in the Conflict Resolution Panel process. For all proposed plan amendments, provide the Clearinghouse with a copy of the full proposed plan amendment; all background materials, including the supporting d=ta and analysis; the objections, recommendation and comments report prepared by the Department of Community Affairs for the amendment upon its receipt; the response =o the objection, . recommendation and comment repor~ prepared by the local government; and, if adopted, the amendment to the local government's comprehensive ~&n; the notice of intent issued by the Department of Community Affairs; and any final orders or compliance agreements dealing with the amendment. (7) When it becomes available, provide the .Clearing- house with a revised copy of the local government's Comprehensive Plan including all amendments. C. If the local government desires to object to another local government's -.proposed plan amendment, the objecting local government shall do the following: (1) Submit a %~ritten notice of intent to object to the Clearinghouse and the local government initiating the proposed plan amendment pursuant to Section 3. (2) Meet with the local government transmitting the proposed plan amendment at least one time prior to Exhibit A Page 15 of 35 (~) (6) that local government's transmittal File a written objection with the pursuant to Section 3. hearing. Clearinghouse Participate in fact-finding as described in Section 3 if the local ~vernment files a written objection. Consider participating in any Conflict Resolution Panel requested by the initiating local government or other objector. An objector, is under no obligation 'to participate in the Conflict Resolution Panel process. --- If the objection is to be wit_hdrawn, file a'~ritten notice withdrawing - the objection with the- Clearinghouse and the local government proposing the plan amendment. Section 2. Ail Other Participants Soeci~ic .Obliqations All participants who. are not local governments must comply with the requirements of Article VIII', Section 1 A. (1), (2), and (3). A.non-local governmen~ desiring to object to a proposed Plan a~end~ent hast he same.obligations as~nobjecting local government detailed in Article VIII, Section 1 C. Section 3. Plan Amendment Review Process A. A plan amendment is prapare~ pursuant to policies and procedu:~e~, of ~:he'initiating lo~al,go~..e-~..e~. At least thirty (30) days prior to t-he"--governing .body.'s transmittal hearing, an Executive Summary along with a copy of. the proposed plan amendment and supporting material, and the date,, time, and place of the Exhibit A Pag~ 16 of 35 transmittal hearing, shall ~e furnished to the Clearinghouse. B. Within five (5) days, the Clearinghouse shall distribute the Executive Summary and hearing information to the participants in the Agreement who have requested copies of the initiating local government's amemdments. C. A written notice of.intent to object may be filed by any participant. (1) A written notice no later than fifteen (29 If a modified between the (15)- days proposed. submittal of intent to object must be filed before the transmittal hearing. plan amendment is substantially to the Clearinghouse '~ t-he transmittal of the amendment, a written notice of intent ~ object may be filed within ten (10) days of transmittal. D. The Clearinghouse shall immediately notify the initiating- notices of intent to object government shall meet with all the transmittal hearing unless the ~ritten filed pursuant to Section 3.C.(2) par~fies shall meet within fifteen ~ritten notice of intent to local government of all ~ritten received by the Clearinghouse. E. The initiating local objectors prior to notice of intent to objec~ was above. In that instance, the (15) days of the submittal of the object to the Clearinghouse. F. No later than fifteen (15) days after tra/%smittal of the proposed plan amendment, a paz~ciciPant who filed a ~ritten notice of intent to object prior to transmittal may file a ~ritten objection to the proposed plan amendment with the Clearinghouse. Exhibit A Page 17 of 35 If a written notice of intent to object was filed after transmittal pursuant to Section 3 C. (2) above, a written objection may be filed by that participant no later than thirty (30) days after the filing of the written notice of intent to object. G. Upon receipt of a written objection';-'the 'Clearinghouse shall notify the initiating local gover~ent and the Interlocal Plan A~endment Review Com~ittee of the %rritten objection and transmit a copy of the objection to the initiating local goverx~ment and the Interlocal Plan Amendment Review Committee. H. The Interlocal Plan Amendment Review Committe~_shall convene a Fact-finding Panel within ~.e.n (10) days of receipt:of the ~ritten ~objection. The Fact-finding Panel shall review the. objection puarsuant'to Article IX and shall issue its opinion letter no later than ~wenty (20) days after the submittal of the ~ritten objection to the Clearinghouse. I. After the Fact-finding Panel issue~ its opinion letter, any pa~ty (the initiating local government and any p .a~ticipa/~t objector) to the fact-finding may request conflict re~olution pursuant to Article X. The request shall be submitted in %rriting to the Clearinghouse no later than ten (10) days after transmittal of the Department of Community Affairs Objection, Recommendation and Commen~ Report. The Clearinghouse shall immediately notify the other .par~ies of t-his reque~t.~ .Within ten (10) days of receipt of notification, from the--C,learinghouse,, the other parties .shall notify the Clearinghouse of their 'decision on whether or not to agree to conflict resolution. If the initiating local government Exhibit A P~ge'18 of 35 and any objector agree to coDflict resolution, the Clearinghouse shall notify the Interlocal Plan Amendment Review Committee, which shall convene the appropriate Conflict Resolution Panel pursuant to Article X. Section 4. Modification of Time-Frames By majority vote of the entire membership of the Executive Committee, the Executive Committee may modify the time-frames set forth for any activity as specified in Article VIII. /~1~TICLE IX. FACT--~INDIN'G PilL A. The t-b_ree person fact-finding panel shall consist of members of the Interlocal Plan Amendment Review Committ~. The Chair shall be selected by the panel. ~- B. ~ The Clearinghouse shall provide the panel w~h the following information prior to the meeting: (1) that portion of the Plan Amendment which is under consideration; and : (2) the ~ritten objection. C. The Chair shall al~ange for testimony and technical assistance from participants as is appropriate~ D. At the meeting, only the initiating local government, the participant objector, property owner for a site specific plan amendment, and any participant who has been requested to provide technical assistance shall be allowed to present testimony. The initiating local goverru~ent shall present the item being objected to, the reason for the proposed amendment, and its supporting.data, analysis, and documentation. This presentation may be supplemented Exhibit A Page 19 of 35 by the affected property owner. The objecting party(ies) shall make a presentation on the basis for its objection. Technical assistance testimony as requested by the Chair may be presented at any time. The panel may ask questions. The Chair shall close discussion with the participants and thereafter confine~-discussion to panel Z. The panel shall specifically identify each objection and shall issue an opinion letter including, .but not limited to, the following on each objection.which is filed: (1)' The objectiOn appears to be one of miscommu~ication and that it appear~ to be resolved. ~ {2) There is insufficient data and analysis upon-which to ~upport either the amendment or the objection or - both (3) Sufficient data and analysis has been provided and a conflict appears to exist. The conflict should be resolved either: (a) throughLthe normal Department of Con,unity A~fairs review pKocess; or (b) in. a conflict re~olution forum such as provided in Article X, mediating services of the Treasure Coast Regional Planning Council, or other mediation forum. F. Within two (2) working days, the Chair shall fax ~n opinion letter to the involved parties. If warranted, a minority opinion may be prepared by other members of the panel and provided Exhibit A Page 20 of 35 -- concurrently with the Chair's opinion letter. ARTICLE X. CONFLICT RESOLUTION PA/4~L A. The Conflict Resolution Panel shall consist of three members when performing facilitation services or five members when performing mediation services The panel shall be composed of individuals who are members of the Interlocal Plan A~endment Review Committee. The Chair shall be selected by the panel. B. The Chair shall arrange for testimony and technical assistance from p&rticipant~as is appropriate. Testimony shall be provided only through pa~Licipants who are parties to the objection ~nless technical assistance testimony has been re_cueste~ by the Chair. Two types of service may be provided. These are': (1) F~cilitation _ a. A facilitation panel shall consist of three m~ers. Wl~enthe facilitation panel convenes to review the objection, it shall seek to have the parties reach a mutually agreeable posit~n on the proposed amendment and the objection to it. b. The facilitation panel shall declare when its been finished or an impasse has been At that time, the Chair shall write documenting t--he meetings which were the evidence and testimony reqeived, of - agreement, and point, s of Exhibit A PaEe 21 of 35 work has reached. a letter held, points (2) Section 1. disagreement. The letter shall be transmitted to participating parties and the Department of Community Affairs. Mediation a. A mediation panel shall .consist of five members. In addition to functioning as a facilitation panel, ~he mediation panel shell provide a statement recommending a method of resolving any r~ining points of disagreement. If there is not u~animous consent among panel members, a ~inority opinion may be issued. It shall accompany the majority position. b. As with the facilitation panel, the Chair shall %trite a letter documenting the meetings which were held, t-he evidence and testimony received, points of agreement, poin~ of disagreement, and reoomme-~dation. The letter and any minority opinion shall be transmitted to paz~cicipating par~ies and the Department of Community Affairs. ~-TSCELLAi~EOUS De~qation of Duty Nothing contained herein"sh&ll be deemed to authorize the delegation of the constitutional or statutory duties of the state, county, or city officers. Exhibit A PaEe 22 of 35 Section 2. Filinq A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 3. Limited L~ability No participant shall in any manner be obligated to pay any debts, obligations or liabilities arising as a result of any actions of the Executive Committee. The Executive Committee m-~hers have no authority or power Section 4. Amendments This Agreement may be to obligate the participants in any amended in w~riting at any ti~ by the concuarrence of a two-thirds vote of the entire membershf~ of the ExecutiVe Committee and subsequent ratification by all of -the participants in ~his Agreement and any Partigipation Agreement. Section 5. Controllin~ Law This Agreement shall be construed by and governed by the laws of t_he State of Florida. Section 6. ~fective Dare,Term This Agreement shal~ be effective on October 1, 1993, and shall, continue in full force and effect unless all the participants withdraw in accordance with Section 7. Section 7. Withdrawal Any participant may withdraw as a party to this Agreement after October 1, 1994, upon sixty (6Q) days written notice to t-he Chair of the Executive Counnittee. Any participation fees paid will not be returned and the participant will cease activities in the Exhibit A Page 23 of 35 program outlined in this Agreement. Suspension of participation in this Agreement will occur upon the nonpayment of the fee prescribed h~rein or for the nonperformance of any of the terms and conditions of this Agreement by any participant. The suspension will be effective thirty (30) days. after date. of. notice-from the Clearinghouse that noncompliance has occurred. Any participant receiving such notice shall have an opportunity to cure its noncompiiance' in a reasonable time. Upon compliance, the participant shall be notified by the Clearinghouse of' its reinstatement as a participant. IN WITNESS W~EREOF, this Agreement has been executedT'by the particip~nt_~ as of the date and year indicated above. ' - ' 'ATT~-S.T: CITY OF ATLA/~TI$ Clyde F. Fa3rmer, Mayor Bailey, Mayor / ~Nothing in this agree~--nt w~ ] ] au~r~e ~ . ~l~a~on of ~ ~i~i~~ve au~ori~. Exhibit A Pa§e 2& of 35 -~ ATTEST: City Clerk E. F. Harmening~ayor ATTEST: To n Cl k t A~T: " To~n ~k ATTEST .~ City Clerk TOWN OF BRIN~ BREEZES -~H~gh David, Mayor TOWN OF CLOUD LAKE ~ Robert R. Reynolds, I.I.I, ~. . Council Chairman ___ CITY OF DEL~AY BEACH T~o~as E~ch, Mayor ATTEST: Village CZerk VILLAGE OF GOLF Donald H. Gustafson, Mayor ATTEST: ~ity Clerk / . ..... :::.....': %:- '-..;.' . ::. CITY OF GREENACRES Mayor Exhibit A Page 25 of 35 ATTEST: · Town ClerK/ TOWN OF GULF STREAM ~illi&m Koch, Jr.', Mayor ATTEST: ~OWN OF HIGHLAND BEACH ATTEST: -' Tow~ Clerk TOWN OF HYPOLUXO kl Merion, Mayor To~n Cler~ TOWN OF 0ONO BEACH Frank W. Harris, Mayor TOWN OF D'UPITER ATTEST: By: ' Town Clerk ToWN OF J~JPITER INT~ET COLONY By: C~DSE NOT TO PA~TIC~ATE AT -,~,~ Nicholas F. Porto, Mayor . Exhibit A ?age 26 of 35 ATTEST: ' To~fi' Clerk . : TOWN OF LAKE CLAP~KE SHORES ATTEST: CITY OF LAKE WORTH ~.- ( SEAL ) By:~: .1 ,_~.By:~'' ' ' ~-~ " C~y Clerk '-'::- ... -. . . ~ DAT~: , ':' ,-~- ATTEST.: · -. -To~rn- Clerk :... ~. '.~ TOWN OF LANT-ANA -. __.. By: ~ Robert~J~: McDonald, Ma~br TOWN OF MANALAPAN Chiles H. Helza, .~G. Town Clerk .%: Kent Shortz, M.D., Mayor ATTEST: Town Clerk A~rEST: J' / ' Town Clerk Exhibit A Pa§e 27 of 35 ATTEST: City Clerk CITY OF PAROKEE //// Ramon Horta, Jr., Mayor AT'~EST :.~~ T4~WN~/~/~~/~OF PAL~ BEACH. ,~j~7-~Towr~ Cler~fn ~: : ~ ~ M~ William Weinbu~, ~'~' ' Town Council Pre.dent DATE: ATTEST: PA/~M BEACH COUNTY BOA/~D OF ~OUNTY COM/~I$SIONERS DOROTHY=H. WII/(~, Clerk R93 802 :[ APPRO%rED AS TO By: County ~tto~ney ATT EST: CITY 0F PALM~ACH/G~RB~NS By~ ~-~/~ R. 'Russo, Mayor -. " / / STATE OF FLORIDk 5 S, ~ ~ --'.~ -.....--~ ........... - ......................... ATTEST: Town Clerk - TOWN OF PALM BEACH SHORES By: .. Thomas Chilcote, Mayor on ~.9./..,~3 /,~.:5 by authority of the Village Council EXECUTED as provided'in Resoltftion R93~19. · '. A~TEST: VILLAGE COUNCIL OF THE VIT.?.~GE OF PA3~M SPRING~ ~ Richard M. Jette~or ' Irene L. Burrou~?fs Village Clerk (SEAL) CITY O~R.IVIER~ BEACH 'Clara K. Wil'liams Mayor, City of Riviera Beach VILLAGE OF ROYAL P.~.M BEACH Tony Ma~otti, Mayor AT~ E ST: Cit.~ Clerk ~ By: CITY OF SOUTH BAY ...... ~ Bazi~ Ande~s~h, ~in~e Mayor Exhibit A Page 29 of 35 ATTEST Tow~lerk ATTEST: · .-f: ' , . C] '. 'Agnes Hayh~t, . 'City Clerk~ TOWN OF/SOUTH PALM BEACH %/ ~ Mar~ M. Roberts, Mayor VILLAGE. OF TF-QUESTA By: y RoH T. Mackail, Maybr Nancy/M.' Graham, Mayor- (INT~NTIONA/.LY LEFT BLANK) Exhibit A Page 30 of 35 ATTEST: BOCA P~TON AIRPORT AUTHORITY ~4~eor/Fe W. Blank, Chairman ATTEST: APPROVED AS TO FOI~M AND LEGAL SUFFICIENCY M,91~9/_ _~r X~_ t~r n e y for ~ake W~.~inage District R~.k Dent, Executive Director I2~KE WORTH DRAINAGE ~, STRICT /John I. Whitworth, III, President LOXA~LATC/{EE RIVER ENVIRONMENTAL_ CONTROL DISTRIC~ By:~ George G. Gentile, Chairman Ga~'g M. Engli¢, General Manager SOUTH INDIAN WATER CONTROL DISTRICT By: Or: CTb~mas H. Powell, President UDavid J- Be~m~t Vice-President Exhibit A Page 31 of 35 ATTEST: NORTHEPJq PALM BEACH CQUNT~ WATER/(~ON ~K. OL DISTR-IC~ / .~ By: By: Pct~ Pimcntcl, District Secretary Will~-ax~ Kaw~lake. Pr,~ident . 'APPP. O.VED AS TO FORM Ken F. zlwards, I~al Counsel Al 1 Monica Uhlhom, Superirttendent (INTENTIONALLY LEFT BLANK) Exhibit A Page 32 of 35 1 EST: LOXA/-La. TCH.EE GROVES WATEP. William H. Thrasher, Distn"a Director Me.r~dith Fox, Chairman o£th~ Board of Supervisors (INTENTIONA?.¥.Y LEFT BLANK) Exhibit A . Page 33 of 35 PARTICIPATION AGREEMENT THIS AGREEMENT dated this day of 1993, entered into by and among a hereinafter "New Participant", and the various parties executing' ~-he Interlocal Agreement dated October 1, 1993, hereinafter "Master Agreement"; W I T 1~ Z S' S Z T H: reviewing proposed fully utilizes the intergovernmental coordination program for changes to adopted comprehensiv~ plansi which existing Chapter 163 comprehensive ~anning process with minimal bureaucracy and expense for local governments and service providers has been established as evidenced by that ceL-tain Interlocal Agreement dated October 1, 1993; and W~RF~%S, -~esires to become a participant under said agreement; and ,~F2%S, pursuant to Al-ticle IV, Section i of the Master Agreement, participation is ~uthoriz~d upon the ~xecution of this unilateral Participation Agreement. NOW, THEREFORE, iR consideration of the mutual covenants contained herein, it is agreed and understood by .and among the undersigned New Participant and the participants in the Master Agreement as follows: 1. Upon execution of this Agreement and upon payment of the annual participation fee prescribed in Article IV, Section 2 of the Master Agreement, New Participant will become a participant in the Exhibit A Page 34 of 35 Master Agreement recorded in the Official Records at Book No. Page 2. The ~ew Participant shall enjoy all the privileges of, and shall be bound by all the terms and conditions of, the Master Agreement. 3. The participants in the Master Agreement agree to the inclusion of New Participant in accordance with Article IV, Section i of the Master Agreement as it is acknowledged that the inclusion of an additional participant furthers ~he intent and spirit of the Master Agreement and the ultimate goal of providing planning coordination among all local governments and servic~ providers. 4. A copy of this Participation Agreement shall ~ filed with th~ Clerk of the Court in and for Palm Beach County ahd with the CleAringhouse_ 5. This Participation Agreement shall be effective upon execution and filing pursuant to Paragraph 4 and shall continue in furl force and effect unless New Member withdraws Article XI, Section 7 of the Master Agreement. IN WITNESS W~REOF, ~his Agreement has- been pursuant to executed by as of the date and year indicated below. By: 0 m m ~ ~ En~olE I ~ ~ Enrolh _o. _o. g m Z ~o fi-oo m z -a o o 0 £1TY OF I)ELA;lY BERTH DELRAY I~[ACH ~Jl-~ericaC~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444. 561/243-7000 TO: David T. Harden, City Manager 993 FROM: ]~obert A. Barcinski, Assistant City Manager DATE: September 27, 2000 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING OCTOBER 3, 2000 SPECIAL EVENT APPROVAL - ART & JAZZ ON THE AVENUE ACTION City Commission is requested to endorse the next Art & Ja~ on the Avenue scheduled for October 19, 2000 from 6:00 p.m. to 11:00 p.m., to grant a temporary use permit per LDR Section 2.4.6. (H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub and Railroad Drive from Atlantic to N.E. 1st Street, and to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, clean up, use and set up of City stages. BACK~tROUND Attached is a request for approval and City assistance for this event from Marjorie Ferret. The estimated overtime cost for this event is $6,500. City Commission capped the mount the City would pay for overtime at $7,000 for the last event. Actual overtime costs for July's event were $5,830. A copy of the certificate of insurance and hold harmless agreement are attached. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, use of stages and City barricades, setting an upper limit of $6,500 for overtime costs with any difference to be paid by the Joint Venture. RAB/dr cc: Lt. Geoff Williams Joe Weldon Hoyt Owens File:U: S WEENEY/AGENDA Doc:Art & Jazz October 2000 THE EFFORT ALWAYS MATTERS September 6, 2000 atlantic Mr. Robert A Barcinski, Assistan~anager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 avenu RE: AGENDA ITEM - CI'DY COMMISSION APPROVAL SPECIAL EVENT REQUEST - ART & JAZZ ON THE AVENUE RECEIVED SEP O 6 2000 ASSISTANT CiTY MANAGER Dear Mr. Barcinski: City Commission is requested to endorse the Art & Jazz on the Avenue event scheduled for Thursday, October 19, 2000, and to grant a temporary use permit per LDR'S section 2.4.6(H) for use of City property and right of way. We are requesting street closure on Atlantic Avenue from: o Swinton Avenue to 7th Avenue o South side of Atlantic Avenue from 7th to just past the Blue Anchor Pub o Railroad Way from Atlantic Avenue to N.E. 1~ Street Closure will be from 6:00 p.m. to 11:00 p.m. We are requesting that the City provide staff support for barricade setup and removal, trash removal and clean up, police security for traffic control, monitoring the FEC railway crossing, stage use setup and removal, and banners and signage setup and removal The City support of this event, with no charge to the Joint Venture, is crucial to our success. Your consideration and cooperation is very much appreciated. Sincerely, MARJORIE FERRER Downtown Coordinator /sk DELRAY BEACH JOINT VENTURE * Community Redevelopment Agency · Delray Beach Chamber of Commerce * Downtown Development Authofiiy 64 S.E. Fifth Avenue, Delray Beach, FL 33483 Tel: 561-279-1384 561 278-0555 02/09/00 16:35 FAX 156127652-t4 PLASTRIDGE [~00!;001 9. O, D~we~ VMO ONLYANO CONFERS NO RIGHTS UPON THE CERTIFICAT~ co! q'~- '" 01/23/01 slO00000 $ 1000000 SExcludmd ~ificate holder nn~d a.s additional Art & Jazz ~;~nts 100 ~.W. 1~ A~nu~ SPEC/AL EVENT h'OLD HARMLESS AGP,-I~.'-MEN¥ 'fine .Dovzntown~Delrav Beach Joint -A/e:]tur~ in o0ns~'de..~ion of lhe paymerfi of ten (10) (Name of gq[it),) cloltars, reeeipf of whic~ is hereby ~ckno~aed, sg~es to indemni~, Erld defend the Ci~ of De/ray Be~ch, i(s 8ge~[s and employees from ~11 s~di(s, actions ~nd d~ims including ~;tomey's fees and ~s ~endan~ lo any d~im. administrative roc=~- p =~aing, ~ppe~l andjudgmeni of eve~ name ~nd des~ffF~on b~ought ~g~ms~ ~]e City as ~ ~esull of toss, damage or injug to pe~on or prope~ [dsing from Er}d in e~:~-]~nge for ~e Down(own Del[~v Beach Joid Venture use of City f2dlities or (Name of p ope. y ,or u e spe~l even~ CT A~ and Ja~. ~nd he.by ~e~sas ~be City of (Name of Entry) Oe!~y ~a~cb, i[s ,~gen~s ~nd emolovees from all sd[s, adions and d~ms indudina ~i~omey's fees and co~s d~endat~[ i~ any cJaim, li~gaffon, admini~ve pmceeding5~ Eopa~ ~nd judgme~)~ of avery name ~nd des~)h'on bmughf, aga/n~ ~e. Cji result of loss, damage or i~]u~ Io person or prope~y a~sillg' lrom ~e [pedal event of (Name' of EnjOy) .. ~nis Indemnifi~[ion and Hold h=~less and De[end Agreement is only lc the extent' of insu[~n~ maintained by Ble Downtown Derby B~ch Joint Venture ts covered under ~co~dale Insuran~ Company Policy/]umber CLS420116. Ak I ,-ND (Name of Speda Evem) Wi[nEss Name I(l (Please type or p~t~e) Wi[ness ' (Please type or pn'rrt heine) [lTV I)F DELRrlV BEI:I[H CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DEFRAY BEACH lI.Amedca Ci1 II1[ 1993 DATE: MEMORANDUM September 29, 2000 Writer's Direct Line: 561/243-7091 TO: David T. Harden, CityManager FROM: Susan A. Ruby, City Attorney SUBJECT: Verizon Wireless Lease Agreement Attached is a letter from Captain Ross Licata outlining the lease terms and the lease agreement. We were unable to get a warranty from Verizon as to the suitability for the particular use but they will transfer the manufactures warranty to us. Further, the contract approval is contingent on the receipt of Exhibits A and B, acceptable to the City. Please place this lease agreement on the October 3, 2000 City Commission Attachment CCi Alison MacGregor Harty, City Clerk Ross Licata, Delray Beach Police Department DELRAY BEACH POLICE DEPARTMENT To: David T. Harden city Manager From: Date: Subject: Captain Ross Licata .~ Director of Support Serwces September 29, 2000 LEASE AGREEMENT WITH VERIZON WIRELESS Attached for your review and approval is the negotiated lease agreement between the City of Delray Beach and Verizon Wireless. As you know, during the process of designing our new 800 MHz Radio System the City was required to perform an engineering study on our communications tower to determine whether or not it is capable of supporting the additional loading of the new antenna's proposed for our system. Our consultants from Pate Engineering performed the vertical load and 110 MPH horizontal wind force studies based on the ElPdTIA 222-F and AISC Ninth Edition (ASD) standards set forth by the State of Florida. It was determined that significant/costly upgrades needed to be performed to bring our tower in compliance with the current standards. It was suggested that the cost to improve the tower would be in excess of $50,000. It should be noted that our existing tower was constructed approximately 16 years ago when the Florida vertical load and horizontal wind force standards were less restrictive. During the process of evaluating whether or not it made sense to make the costly improvements to our 16-year old tower we looked at alternatives. One would include building a new communications tower with the capability of supporting additional equipment from cell phone and paging companies with the intentions of generating revenue for the City of Delray Beach. We had discussions with representatives fi.om Verizon Wireless, and al~er lengthy negotiations I believe we came up with an agreement that provides a win-win situation for the City. This agreement provides for the following: Verizon Wireless will build a new 180 R. Monopole tower capable of supporting the City's equipment and equipment for three additional cell/paging providers. Upon completing construction of the tower, Verizon Wireless will convey ownership of the new tower to the City. In exchange for building the new tower at a cost of approximately $170,000 the City will provide Verizon Wireless free space on the tower for a period of 20 years. Verizon Wireless will pay $31,500 from year 21 through 25 of this agreement. These figures are based on current industry standards with a 3% annual increase over the agreement period. 2. The City can then lease space on the tower for two additional cell/paging providers and generate approximately $18,000 annually ~om each provider. This figure will increase over the course of time. 3. Verizon Wireless agrees to dismantle, remove and dispose of the existing tower at no expense to the City. The new 800 MHz Radio System is expected to be complete and operational some time in January 2001. It is imperative that we come to some resolution on the tower issue as soon as possible as the tower is essential for the operation of our radio system. Verizon Wireless indicated they could have the new tower completed by December 2000 if this agreement was finalized in the next week or so. This agreement was negotiated and reviewed by City Attorney Susan Ruby, Amanda Solomon, Captain Ralph Phillips and myself. I recommend that it be forwarded to the City Col~u~-fission for approval. If you have any questions, don't hesitate to contact me. cc: Chief Overman · ~r ~ ~000 13:49 FR PRIMCO PERSONEL COMM 561 995 5568 TO 91561~784755 P.02/15 LEASE AGI~,EEMENT $1TK: ti610 - De[ray l~each Police Tower [] Buikiine ;nlr~iot spa~ for pla~m~nt of' ~{uipment or appl~ximalely square ~'eet n Spa~e mqu}r~l fu~ cxhlc nm~ t~ cnrme¢t equipment and expense. Such surly and/or ~or, sl;ucfion drawing~ shall then I~piscc Exhibit "B" and become a part hereof and ih~.ll ounuul thc d~=~iption of the lx:ased Property ifa discltpancy ~xists hat, elm thc d~sc~ipfion contain=d in {~is PeraD'aph 2 aad thc survey and/or conslruclion dra~in~. The p~i.~ - atlad~ {,v Vcrlzon Wireless aperoval of this l:a.~ .4.~-emen! is confing~,t UPOn Tlll~j~L~nd a~nmviU of F.~hibit shall aeruc on the {ocntlons a~ may he amended t~m time to time USE OF ~ ~ I~OPERT¥. Verbon ~mn~ ~d op~on of co~unica:iu~ ~ilidcs which may 4. 'FERMI AND F-,X'I'ENSIOI~S. A. ~ This I..cas~ shall bc for an initial t~m of five (S) y~.s and ~o (0) montl~ beginning ~n lime dale V~m{z~m Wlmless commeac~ ~ons~uciion un th~ L~amcd {hopeny a. F, xi~d.u~, V~wn Wiml~ shall have the right ~o cxu:nd ~hc m~ of ~h ~e on ~e s~e m~ ~d ~di~s (O~Cr ~ ~e ~u~ mnr which s~1 ~c~ in ~ wi~ ~ pm~sio~ ofP~h ~ ~r fu~ (4) ~ti~, ~pJ~, ~Js ~ 9h~] au~c~ly ~ ~t~d~ ~r ~e ne~ in~on noi ~ ~nd ~is ~ before ~e ~d of~e ~en<u~nz X Real prope~y comprL~.d of appmximag:ly 375 squmz feet of land in thc lO,aeons shown on Exhibit 'B", and Ovmer grants and Ovmcr~ Property including, w{~t l~on, ~ ~p~m~ ~ ~r (1) ~ ~s ~c~ ~d p~ng ~n ~ (~ d~ys a ~ ~-fo~ ~) hou~ a day ~d (ii) in~l~on. ]~on, operation ~d ~ of c~{c m~ ~d paffi~ of ~eFs ~ {~d ~ VcH~n W{~ ~d ~ ac~s, e~{e mn ~d uriiiW ~cn~ being ~{{c~{y ~ ~ wi~out I{mi~ti~, ~e ace.s, cable ~n ~d u~{i~ c~¢m~, may $. RE~,'T. l~nt shall be paid-, monthly in advanrc b~innin$ on ~ ~t ~1~ ~iv~ of [~is ~~;~ One ~ousund Five ['[undid · SEP 29 2000 15:47 FR PRIMCO PERSONEL COMM S61 995 5568 TO 915612784?55 P.05/15 APPROVALS; UTIL~u~. V~mn Witless, ~r V~z~n Wkc]~s~s expanse, shall be rcsponslblc for O) oblalning all licenses, ccnifica~s, ponnlts and ether ~pprovals mqui~d by any fodaral, me: o~ k~al governmcntoI or qu~i-~ovemmmtal authority or landowner for V~n Wircic~s's and its sublessegs' and/or llccnscr.~' use of Cie Lea~ed Propo~ and/or opomtlan of thcir ~spective c~mmunications facilitieS thcrc~n (collEctively, "Approvals') and (ii) inandling n~*w utilities or upsrading existing utilities e~t Ute I.~ed Pmpcl~ and across 0,~ Owner's F'mpeny and paying for all utilities ¢,~n~umcd by Veriz~n WkcJ;':a and ils sublcs~cs and/or licensees at thc L, mtscd Pmporw. Yerlann Wireless and ils subl~,iccs and/or ltcertsccs shalt either sepnrn~y meter or sub-metec all utilJxies consumed by ¥crlzon Wireles~ and ir~ and/or llccns~s' proposed use of the Le.a~d Pmpony and/or 7, TElt. MINATION. Vesi:~n Wircl;s~ shall have the tight m rrrmina~ th~ t.~- ~ any time without further liability hereunder if Vcrlzon Wireless ~onahl¥ dot.ermines, * ' ' ' , th.~ ,~y one (l) or mom of ~c f~|lo~ing ~ All Approvals aid:l/of easements for Vcilzon Witeless's intoned ttse of, or opengion or =onsmiciion of its ;ommunir,~Jom f~iliiim on, the Lans~ Pmpctr/cannot be ob~ncd; or Approval and/or c~cmcnt for Vctizon Wim}ess's inmnded use of, or clx:radon or cormlmcfion of its r, ammunlcations facilJli~ on, thc Leased I~aperty is canceled, withdrawn, tcrmlm~d or denied or anpires or lapsm; or C. - laanticn u~cies. ~1~c Federal Communications Commission ~hangm or r-.-alfocar, s the ficquand~ a~ which Yerlzon Win:lass may c~porale i~ communica~ons facilities which renders Verso Wimless's oporation of its commtmicaliom f~ilitlcs on the Mased Ptoprny obsol~as: or D, ~. Vert,~m Wind=s's opcrasion of it~ communic~ons li~llifics on the L~ased Propcr~ bee. omc unprofitable tn V~rizon Wire/esr; or F. I~alal~_.~_~. '~e o~mces ?mpe~y c~nmins a l-]~zatdou~ Mamrial, m d~flncd Jn Paragraph 13; or Pan*&raph 23~-I. within thirty (30) da~s of Veilzon Wiml~s's initial requc~t for any such nondleturban~c agreement; or I. Fcasibiliw. B~scd on the resulls ct~ any Feasibility Tests, whether e~nduc~d prior to or attr. r the commenc~mcnt of thc m'm of this tmon, the I~ased Pmpmy is not sulL~ble for Vcti~an Wireless'~l jnt-rlded use at thc operation or cor~tmctMn ofi:s communications facilir~=s; or notlac of wa-ruination sant by V~rLzon Wimlcss m Owner. -~':-: ............ :.~ls ~ 8. ASSIGNMI~IT; SUBLEASE; LICENSE. This Ag~ement mey not ~ sol~ l]~ns~, subl~ assi~cd or ~s~ned ~ ~y dmc, ~cept to V~mn W~l~'s ~ncip~, ~lJ~ or subsidizes of i~ princlp~ or ~ ~y comply upon which Vcr~n Wi~s is m~cd or mm01ida~d. 9. LNDEMNIFICATION AND INSURANCE A. Ind~mnific~on by Vcn'i;~n Wilmless. Vedzon Wimlms hereby ~ b indarnni~ ~d hold ~ ~d pmvisi~ 0f ~ ~ ~ ~ obs~ or poffo~ed by Vcfi~n applicable cm B. V ' le~s's In , V~zon Wireless shall almy comprehensive g~neral llabillty insurance with limim of liablllt~ thcr~undar of not lcag than $1 million combined single limit for bedib/injury and/or pmpo~y dnmng; t~l~er with an ~ndorsemmt for ~e-aatual llabil~t3,, Such Irma, an~ shall nam~ Ow;itt as an eddltianal insured wlfo respoct to the Le~ed Fmpeny, shall be issued by an Inanma~ company authorized as do business in thc which the Leased property is locamd and shall provide thirty days pilot wri~n nolice to Ovma- of any cancelation of such policy. On ct before the Cornmen~mant Date, 'v'r~rlzon Win:Ires shall deliver to O~ncr a cettiflca~ ~wldanning that such insuranae is in ~ff=ci, and, thr~a.ft~, Veri~n Witless ihall daliver to Owner reno.vol ce.~iflcato ~idencing that such insurance is in effect within l~n {10) business ~tays of Owners request for such c,;rtltieae:. Any imurance required to be provided by Veil~an Wireless tander this Paragn~h 9.C. may be provided by a blanbet insurance policy SE~ 29 2000 15:~8 FR PRIMCO PERSONEL COMM 561 995 5S68 TO 91561278~755 p.O~/1S but not the obli{stion, t~ cute meh de,mit ~d ~ui~ V~n V~ Wiml~ ~ ~c ~ ~¢ ~ o~ ~g such (ii} ~c f~{~ by ~ ~ el~ina~ or c~e ~pl~on. 09/29/00 FRI 13:48 [TX/RX NO 7378] SEP 29 2000 15:49 FR PRIMCO PERSONEL COMM 561 995 5568 TO 91561278~755 P.05/15 · l of ¥¢rlzon Wird~'s ri~htz her~nd~r. 13, HAZARDOUS SUBSTANCES, Ovmcr mp~s~ntz and warranL~ to Lhc hcst of ]c~ knowledge and ~:|i=va and without 14. CONDEMNATION. Owno~s FToIX~y, inctu&ng, without limitation. ~c La~scd shell be ~ or ~nd~nod, ci~ p~cntly or for a pofi~ of mom ~ ~i~ 00) da~, ~r ~bllc pu~, or ~ld m a ~in~ ~i~ ~ sh~l a~ma~c~ly ~in~ ~ of~ day of~e ~r.~ emmm, is damag~i ar d~s~'oyrd 09/29/00 FRI 13:48 [TX/RX NO 7378] SEP 29 2000 15:d9 FR PRIMCO PERSONEL COMM 561 995 5568 TO 91561278~755 P.06/1S pc~, m~ ~is~, or obllg~a~ in~d by ~ for su~ 11~, (i) ~ ~ s~ ~ bc ml~d of rc~ by p~t or pcm~t (i 10%) of~o ~ount o~e lien. U~n dcliv~ of~c 09)29/00 FRI 13:48 [TX/RX NO 7378] SE? 29 2000 15:50 FR PRIMCO PERSONEL COMM 561 995 5568 TO 91561~784755 P.07/15 A. P_~. The ~unJ~ons ~uJpmcn~ jm~v~ ~ ~ o~ pm~ of V~ ~out ~y hMd~ by, ~u~ ot und~ ~y of Vein W~l~'s or iB subl~f ~Oor li~' li~. to ~ ~ndlfion ef~ ~ ~ m~ b~ p~ by ~ner in ~fing m V~ Wi~I~! wi~M ~ · e ~in~ or ~i~Jon or.ts ~ er Wjmlms ~ ~ Sat if ~v claim is m~e u~t $¢ mh~ for a wh~er ~cr h~ ~y cl~m ~t V~n ~aciHtJc~ and oth~ property. hm~ been any modificagon, lhal the same is in full forr, e and effc~t us Wireless (lad if so spc¢if!~n§ the same]; and (iii) thc da~ through (or a comp~nmble §uarant~ed ovcmJ&b! dt:llve~y service), or (iii) po~ prepaid, with r~um r~jpt r~qu~s~:d). Any such nu:ic~, ~,. 777 ynmam Road. ~ulte 600 ~ I fi eJ~nin Maria er (~Ol) gg5-5~68 City of Oetray Arm: Ckv Copy to: CJ{Y Uf D~lrav Ar. ach qylw At'mmev'~ O~c~ 6 09/29/00 FRI 13:48 [TX/RX NO 7378] 'SEP 29 2~00 15:50 ~R PRIMCO PERSONEL COMM 561 995 5568 TO 91561278~755 P.~8;15 Any palW may chaag= his. h~r or i~ addm~ for nolioo pu~os~a by givine no~i~ in ag~tdance..vi~ thi~ Paragraph MISCELLANEOUS PROVISIONS- . This Lg~e, including ~hc gxhibits and a~cn~ whi~ ~ a~cd hc~ ~d ~dm~din~ bc~n ~r ~d V~n Wigl~s, No v~bal F, and ndltl ns. ~ panics th~ all ofUl¢ provisia~ be~'~eof shall be c. onsmied as both 09/29/00 FRI 13:48 [TX/RX NO 7578] 'SEP 29 20~0 15:51FR PRIMCO PERSONEL COMM 561 995 5568 TO 91561~78~?S5 P-09/15 BO~i I~c~ ~ dl~ in mtun~ tot the co~sltu=tiofl of the N~w ~/imesscs: Tower, V~iizm ~g'm~l~s shtdl be enOlJed to ~ I=nt lot ~c fil~t 09/29/00 FRI 13:48 [TX/RX NO 7378] 'SEP 29 20~0 1~:52 FR PRIMCO PERSONEL COMM 561 995 5568 TO 915612?84?55 P.10×15 09/29/00 FRI 13:48 [TX/RX NO 7378} 'SEP 29 2000 13:52 FR PRIM£O PERSONEL COMM 561 995 5568 TO 915612?84?55 P.11/15 DF~C~r'flON OF O~R'S PROPERTY SITE ID~ 6~610 09/29/00 FRI 13:48 [TX/RX NO 7378] D£~ICTION OF FORTION OF OWNElt'S ~ROPERTY L~ED TO VEl/IZO~ WIRELF~S SITE ID: ~ 1! 09/29/00 FRI 13:48 [TX/RX NO 7378] 'SEP 29 ~000 15:52 ~R PRIMCO PERSONEL COMM 561 995 5568 TO 91561~78~755 P.15×15 THIS I1WSTRUIVtE~IT P!~EPARI~D BY AND ~TU~ED TO:4 ~D~SS: Vcri~n Wi~le~ 777 yamato ~ad. ~uitc 630 Bo~ ~on, Flod~ 33431 "EX. liCIT C" SHORT FORM LEASE (Site Lease ID #:68610} THIS SHORT FORM LEASE evidenoes bhat a lease was made and ente~d into by ~iRm ~ ~nz d~cd , 20~. ~by ~d bc~ CiW of ~l~y ~h ("O~ER") ~o~ add.ss is ~!00 NW 1~ By: (2) Wimesse~: STATE OF COUNTY OF (PHared, Typed or Stampcd Name of Notary) day of' ,20 , [] by of paring- (or a&cnt) on b~half of a~ Identification. (OFFICIAL NOTARY SIGNATU~) No~s~3, Publia -- ~tate of , a partncrshlp. 12 09/29/OO FRI 13:48 [TX/RX NO 7378] ' SEP 29 2000 1~:55 FR PRIMCO PERSONEL COMM 561 995 5568 TO g1561~78~755 P.l~/15 The f~regolng instrument was a~,-knevdedged befem me this day ef , 2000, by .~-~!'-~==! ?, , r~es, ide~~ of PrlmeCo Personal Communtcat/ons, Limited partnership, a Delaware imite dba (Printed~gyped/Stamped Note7 Nat'ftc) V~riz-n Wireless ]nlti~s 09/29/00 FEI 13:48 [TX/RX NO 73781 ' SEP 29 2000 13:53 FR PRIMCO PERSONEL COMM 561 995 5568 TO 915612?84?55 P.1S/i5 -' · II ~1 l' !" 111 09/29/00 FRI 13:48 TOTAL PAGE. iS ** [TX/RX NO 7378] [IT¥ OF DELRtq¥ CiTY ATTORNEY'S OFFICE DELRAY BEACH ~l~America C~ 1993 DATE: TO: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-?090 · FACSIMILE 561/278-4755 MEMORANDUM September 29, 2000 David T. Harden, City Manager Writer's Direct Line: 561/243-7091 FROM: Susan A. Ruby, City Attorney SUBJECT: Verizon Wireless Lease Agreement Attached is a letter from Captain Ross Licata outlining the lease terms and the lease agreement. We were unable to get a warranty from Verizon as to the suitability for the particular use but they will transfer the manufactures warranty to us. Further, the contract approval is contingent on the receipt of Exhibits A and B, acceptable to the City. Please place this lease agreement on the October 3, 2000 City Commission Attachment Alison MacGregor Harty, City Clerk Ross Licata, Delray Beach Police Department CITY MANAGER Memo To: David Harden, City Manager From: Lula Butler, Director, Community Improvement Date:. October 2, 2000 R~ Thomas Battles Initiative/Staff Recommendation ITEM BEFORE THE COMMISSION: Addendum to staff recommendation of its original agenda item dated September 28, 2000 on the subject referenced above. RECOMMENDATION: Staff is recommending that in addition to the items listed in the September 28~ memorandum, that the Commission ratiflj the appointment of the five (5) member Advisory Team and that their decisions on each case be submitted in the form of a recommendation to the City Commission. Thus, staff will be responsible for putting these on the agenda for Commission's consideration. LB:DQ · Page 1 Date: September 29, 2000 Agenda Item No. 9. ~. AGENDA REQUEST Agenda request to be placed on: __X Regular __ Special When: October 3, 2000 Description of Agenda Item: StaffRecommendation on Thomas Battles Report __ Workshop __ Consent Ordinance/Resolution Required: Yes N~ Draft Attached: Yes / No Recommendation: Approval Department Head Siguature: ~~~ City Attome¥ Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of fimds): Funding Available: Yes / No Funding Alternatives: Account # & Description: Account Balance: (if applicable) City Manager Review: HAPolP~°l~nel~l~°r agenda: ~)/N° ~ Agenda Coordinator Review: Received: Action: Approved / Disapproved MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER _~L~ AGENDA ITEM c]. ~,. - REGULAR MEETING OF OCTOBER 3. 2000 THOMAS BATTLES REPORT SEPTEMBER 30, 2000 In January 1999, the City sought assistance from the U.S. Department of Jdstice's Community Relations Service to help resolve certain issues which had been brought forth by Dr. Josh Smith on behalf of the Black Citizens Coalition. Mr. Thomas Battles was assigned to assist in this regard and, among other things, a mediation session was held on July 19, 2000 as part of his overall assessment. By his letter dated September 15, 2000, Mr. Baffles outlined a summary agreement between the Citizens Coalition and the City which identified various responsibilities on each party's part for resolution of the issues. The Director of Community Improvement and her staff have developed a process to be used in meeting the City's responsibilities. The recommended action plan is outlined in the attached memorandum from Mrs. Butler. I recommend approval of the staff recommendation to address the issues identified in Mr. Battles' report. RefiAgmemol 0.Battles Report Memorandum To: David Harden, City Manager From: Lula Buffer, Director, Community Improvement Date: September 28, 2000 Re: Thomas Battles Initiative/Staff Recommendation fi'EM BEFORE THE COMMISSION: City Commission consideration to accept the resolutions put forth in Thomas Baffles' letter dated September 15, 2000, providing any additional directions to staff. Consideration of staff recommendation on the process and policies to be used in the resolution of properties with outstanding liens, pursuant to the recommendation of Mr. Baffles mediation hearing held on July 19, 2000. BACKGROUND: As stated in Mr. Baffles letter, the City contacted the Depa~h,ent of Justice on January 14, 1999. Our purpose was to seek neutral third party assistance in resolving the issues brought forth by the Black Citizen Coalition, with Dr. Josh Smith as the official spokesperson. Mr. Baffles' letter summarizes the complaint against the City into three (3) issues. The Black Coalition alleges that the City: 1. Failed to pave alleyways in the black community while paving alleyways in the white community. By City ordinance, residents are required to maintain unimproved alleyways. Residents failure to maintain these unimproved alleyways resulted in perceived excessive fines mad liens. The coalition argued that the ordinance is applied in a discriminatory manner and the fines pose an undue hardship on residents. 2. That the City of Delray Beach discriminated against black residents by levying excessive nuisance abatement fines in the black community at a much higher rate than in the white community. 3. Those City services such as maintaining alleyways, filling potholes and other quality of life issues in the black community received little priority by the City. · Page I Thomas Battles Initiative September 28, 2000 Mr. Battles met with several members of the black community, who were not necessarily involved with the Black Coalition, as a part of his assessment and evaluation of the issues. This effort resulted in a mediation meeting on July 19, 2000. His letter lists the participants and the agreement reached between the City representatives, community leaders and members of the Black Coalition. Under this agenda item, staff is recommending the process that may be used in contacting and meeting with affected property owners who have received fines and liens under the nuisance abatement ordinance as of October 8, 1998. This represents the list of property owners presented by Dr. Smith under his complaint. We will work to determine hardships and consider the amounts of reductions that may be appropriate under each individual situation. As well, it puts forth how we would assess and make the final decision on alleyways. Our Action Plan is as follows: · Collaborate with the Black Coalition to establish a five- (5) member advisory team by October 27, 2000. This team will be responsible for reviewing and making the decision on the final payoff of the outstanding liens based on the documentation of ownership and hardships on a case-by-case basis. The information from which such decisions are made will be provided by staff. · After formal contact with the customer, staff will submit documentation of the current balance owed, identify the original customer charged, ascertain the reason the customer has not paid original invoices and provide the advisory team with information relative to any hardships to be considered. · Options available to the advisory team may range from a "complete write-off' to "no action." The Advisory Team will be asked to establish the criteria from which such decisions may be made considering the examples put forth in the letter from Mr. Battles. · The Advisory Team could meet monthly to consider discussing findings and decisions regarding each case brought to them. Staff should be in a position to present the first set of findings in November. We anticipate this prc~ect will take several months to conclude. There are approximately 106 nuisance abatement customers and 18 demolition cases on the list submitted in Dr. Smith's complaint. In addition, there are approximately 43 Code Enforcement Board lien cases applicable to the Southwest and Northwest areas. We could, as a final stage, examine these files and recommend action through the Advisory Team to the Code Enforcement Board for final resolution. · Page 2 Thomas Battles Initiative September 28, 2000 The Advisory Team may also address the alleyway issues as outlined in Tom Battles letter. The City Engineer has done a substantial amount of work, creating a City-wide map identllying all alleyways throughout the City. It lists alleyways that are improved, unimproved, as well as those that should be improved or abandoned. ! would recommend he present these findings to this team and thei~ recommendation be submitted back to the City Manager. ! believe the last issue agreed to by the City, which states that we will con,hue to make repairs and community improvements such as fil/Jng potholes, street paving and the like, has been addressed by the Commission. The Bond program that provides for substantial upgrades throughout the minority community will resolve many of the concerns of Dr. Smith. RECOMMENDATION: Staff is recommending City Commission approval of the summary agreement put forth in the letter dated September 15, 2000 to the City Manager from Tom Battles of the U.S. Department of Justice, Southeast Regional Office. Further, we recommend City Commission endorsement of the staff implementation plan to address the issues put forth under this letter as outlined under the background section of this memorandum. LB:DQ · Page 3 U.& Depa~ment of Justice Community Relations Service Southeast Regional O~ce September 15, 2000 Mr. David Harden City Manager City of Delray Beach 100 N.W. 1st ave. Delray Beach, Fla. 33444 Dear Mr. Harden: On January 14, 1999 the City of Delray Beach, Fla. contacted the Depathnent of Justice, Community Relations Services seeking neutral third party assistance in a matter between the City of Delray and the Black Citizens Coalition ( a grassroots organization representing the interest of black residents in Delray Beach ). The coalition alleged that the City of Delray discriminated against them in the following areas: · Failure to pave alleyways in the black community while paving alleyways in the white community. By city ordinance residents are required to maintain unpaved alleyways. Residents failure to maintain alleyways result in perceived excessive fines and liens. The coalition argued that the ordinance is applied in a discriminatory manner and the fines pose an undue hardship on residents. · The City of Delray Beach discriminated against black residents by levying excessive nuisance abatement fines in the black community at a much higher rate than in the white community. · City services such as maintaining alleyways, filling potholes and other quality of life issues in the black community received little priority by the city. The Community Relations Service began the process of assessing the issues identified by both the city and black coalition representatives· During the assessment period meetings and conference calls were held with city officials and community representatives. · This effort resulted in a mediation meeting held on July 19, 2000, facilitated by Thomas Battles, Sr. Conciliation Specialist, Miami Field Office· Attending the July 19, 2000 were: Mr. David Schrnidt, Mayor Mr. David Harden, City Manager Mrs. Lula Butler, Director, Community Improvement Mr. Richard Bauer, Director, Code Enforcement Mr. David Randolph Mr. Josh Smith Mr. Allied Straghn Mrs. Gertrude Greene Mr. Ausbee B. Bryant Mr. Eugene Herring Mr. Chuck Ridley The mediation session resulted in the parties agreeing to mutually work together to address and resolve the issues identified by the citizens group. The Citizens Coalition will: The City will: · Identify all alleyways in the Black community · Prioritize alleyways that are useable and could possibly be paved by the city. · Assist the city in establishing criteria and or policy to handle on a case by case basis work-out procedures for citizens who have received fines and liens related to alleyways and abatement violations. · Establish an education campaign on the importance of maintaining residential and rental property, and the importance of actively participating in community clean-up and other beautification projects. · Assign staff to work with black coalition representatives to identify and prioritize alleyways that are usable and could be paved· The engineering and code enforcement staff will take the lead through directives from the City Managers Office with administrative oversight and project implementation by the Director of Community Improvement· · The city will contact and meet with the affected residents who have received fines and liens under the nuisance abatement ordinance. The city and black coalition representatives will meet to develop a work out plan and criteria ( case by case basis ) for residents who have received fines and liens· Said fines and liens pose an undue hardship and can not be paid in full by the residents. Examples of hardship for the purposes of developing a work out criteria could be. defined as a resident who could not pay because of chronic illness, death, and the property has been inherited by relatives who are unable to pay due to their age ( minor ), lack of employment and other criteria mutually agreed upon by both parties. Work out plans could range from the city forgiving the entire frae, partial payment, or paying city cost only· The key to each work out plan is based on the hardship identified by the resident· The city will demonstrate sensitivity to residents ability or limited ability to pay the fines. · Continue to make repairs and community improvements such as filling potholes, street paving, etc. Other issues were discussed during the mediation session and both the city and residents pledged to work closer together to eliminate any perceptions that race is a factor in the City's delive~ of services to the black community in Delray Beach. The Community Relations Service will be available to work with the city and residents as implementation of the agreement moves forward. CC: Josh Smith Respected submitted, Thomas L. Battles Sr. Conciliation Specialist MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM C~. t~. - REGULAR MEETING OF OCTOBER 3. 2000 HOUSING REHABILITATION CONTRACT AWARD/DAKOTA CONSTRUCTION. INC. SEPTEMBER 29, 2000 This is before the Commission to consider approval of a contract award in the mount of $20,338.75 to Dakota Construction, Inc. as the lowest responsive bidder (second low bid). The contract is a housing rehabilitation grant through the State Housing Initiatives Parmership (SHIP) program for a single family home at 312 S.W. 11a Avenue. Funding for the grant is available from 118-1924-554-49.19 (SHIP Housing Rehabilitation). Housing rehabilitation grants through our affordable housing programs are generally placed on the agenda as consent items under award of bids and contracts. In this instance, however, the grant award is not to the apparent low bid but to Dakota Construction as the lowest responsive bidder. The low bid xvas not considered because the required bid bond check was not provided. Inasmuch as the recommendation is to award to other than the low bidder, consideration by the City Cormmssion on the regular agenda is required. Recommend approval of the housing rehabilitation contract award to Dakota Construction, Inc. as the lowest responsive bidder. Ref:SHIP Housing Rehab Award. Dakota AGENDA REQUEST Request to be placed on: __ Regular Agenda __ Special Agenda Workshop Agenda xxxx Consent Agenda Description of item (who, what, where, how much): CASE// ADDRESS CONTRACTOR Agenda Item No.: a~.~ Date: September 27, 2000 When: October 3, 2000 TOTAL GRANT AMOUNT 00-026 SHR 312 SW 11th Avenue Dakota Construction, Inc. $20,338.75 (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of one (1) State Housing Initiatives Partnership (SHIP) Housing Rehabilitation Grant and Contract Award from Account 118-1924-554.49-19 in the amount of $20,338.75. The grant amount includes a 5% contingency. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~/NO Funding Alternatives: (if applicable), Account No. & Description: Account Balance: City Manager Review:Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David T. Harden, City Manager Kenneth L. Thomas, Community Development Coordinator ~L~-'-- Butler, Community Improvement Director ff/~ Lula September 27, 2000 Community Development Division's Housing Rehabilitation Grant Award for One (1) Unit ITEM BEFORE THE COMMISSION This is to request approval for one (1) Housing Rehabilitation grant award to the lowest responsive bidder. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant awards are based on the actual cost of the rehabilitation as determined by the low responsible bidder plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review at the Community Development Division Office. The Community Development Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsible bidder, as a result of a formal bid process. Therefore an in-house policy was created to limit awards to the lowest responsible bidder within 10% of the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. This policy further assists the Division with its goal of completing each rehabilitation activity utilizing the estimated amount of funding required. The Contract Award and Bid Summary sheets are attached for your reference. Bids were awarded to the lowest bidders for bids within 10% of the Community Development Division's in-house estimate with the following exceptions: 312 SW 11th Avenue: The "lowest" bid was submitted by William Hatcher Construction, an existing contractor in the City's Affordable Housing Rehabilitation Program. William Hatcher Construction failed to include the required 5% bid bond check with the bid. The bid was awarded to Dakota Construction, inc., the second lowest bidder whose bid was within 10% of the in-house estimate. RECOMMENDATION Staff recommends awarding the bid for one (1) Housing Rehabilitation project to the verified responsible low bidder and authorizes an award in the following amount: Case Number Address Contractor Grant Amount 00-026 SHR 312 SW 1 lth Avenue Dakota Construction, Inc. $20,338.75 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2000-51 APPLICANT: Aremintha Brown PROJECT ADDRESS: 312 SW 11th Avenue DATE OF BID LETTERS: DATE OF BID OPENING: NAME OF CONTRACTORS ABISSET CORPORATION September 6~ 2000 September 21, 2000 WILLIAM HATCHER CONSTRUCTION T. H. MOTTLEY CONSTRUCTION KONRADY CONSTRUCTION CO., INC. CRAFTSMAN PLUS, INC. DAKOTA CONSTRUCTION, INC. ABBA CONTRACTING, INC. HENRY HAYWOOD FRANK BOUMAN CONSTRUCTION MICHAEL SHUBERT CONSTRUCTION, INC. WRIGHT'S WAY ROOFING SOUTH FLORIDA CONSTRUCTION NAUTILUS CONTRACTING CO., INC. IN-HOUSE ESTIMATE CONTRACTOR AWARDED CONTRACT: BID/CONTRACT AMOUNT: =$20~338.75) AMOUNT OF BIDS $ $ 17~615.00 $ $ $ $ 19~370.23 $ 28~300.00 $ $ $ $ $ $ $ 18,740.00 Dakota Construction~ Inc. $19~370.23 bid/contract amount (+ 5% contingency of $968.52 FUNDING SOURCE: SHIP Rehabilitation Program Account No. 118-1924-554.49-19 COMMENTS: Lowest bid was submitted by William Hatcher Construction but no bid bond check was included with bid. Bid/Contract awarded to Dakota Construction~ Inc. who was second lowest bidder. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM ~ ~ - REGUI.AR MRRTING OF OCTOBER 3, 2000 BID AWARD FOR LANDSCAPE MAINTENANCE (HOMEwOOD BOULEVARD, LINTON BOULEVARD &MII JTARY TRAIL MEDIANS) SEPTEMBER 29, 2000 This is before the Commission to consider approval of a bid award in the amount of $32,369.00 to Gator Landscaping & Irrigation for the annual landscape maintenance contract for Homewood Boulevard, Lmton Boulevard and three medians on Military Trail. It is on the regular agenda because the recommendaron is to award to the third low bidder as the lowest responsive, responsible bidder. Upon review by Parks Department staff, it was determined that the apparent low bidder, Cee Jay's Lawn Maintenance, did not have the proper equipment to satisfactorily perform the work. That company also did not supply any references. According to the references provided by the second low bidder, BLC Lawn and Maintenance, the company did not perform according to their contracts and also had problems maintaining it's insurance. Based on this information the staff recommendation is to award the contract to Gator Landscaping & Irrigation as the lowest responsive, responsible bidder. Recommend approval of the bid award for the annual landscape maintenance contract for Homewood Boulevard, Lmton Boulevard and three medians on Military Trail to Gator Landscaping & Irrigation. Funding will be from 119-4144-572-46.40 (Beautification - Maintenance). RefiAgmemol4.Bid Award. Landscape Mamtenance.Homewood. Ihnton. Military Medians AGENDAITEM NUMBER: q~' AGENDA REQUEST Request to be placed on: Date: September 28, 2000 Consent Agenda /01, 1oo When: September , 2000 Special Agenda Workshoo A(~enda Description of agenda item: BiD AWARD - BID # 2000-41 LANDSCAPE MAINTENANCE OF HOMEWOOD BLVD., LINTON BLVD., 3 MEDIANS ON MILITARY TRAIL Recommended bid be awarded to the 3rd lowest bidder, Gator Landscaping and Irrigation in the amount of $32,369. ORDiNANCE/RESOLUTION REQUIRED: YES NO Draft of resolution Attached: YES NO Recommendation: Approve Department Head Signature: Joe ~/~ldon, Director of Parks and Recreation Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation {if applicable): Budget Director Review {required on all items involving expenditure of funds): Funding available: Yes ~ No Funding alternatives: Acoount Number: Account Description: Account Balance: City Manager Review: I Iq-qlclcl-sq2.4 ,-qo Approved for agenda:/~s~ ~ A No Hold Until: ('"-"~/~" Agenda Coordinator Review: Received: Action: Approved Disapproved P.O. # U:\WWdatff~AGENDA BID AWARD # 200041 B.DOC 09/29/00 10:03 AM DELRAY BEACH Pa;ks 6 Recre ffon MEMORANDUM TO: FROM: SUBJECT: DATE: Jackie Rooney, Purchasing Joe Weldon,~3irector of Parks and Recreation BID AWARD - BID # 2000-41 LANDSCAPE MAINTENANCE OF HOMEWOOD BLVD., LINTON BLVD., 3 MEDIANS ON MILITARY TRAIL September 28, 2000 Attached please find a spreadsheet for Landscape maintenance of Homewood Blvd., Linton Blvd., and 3 medians on Military Trail. Ten (10) vendors bid on this contract and after review we are recommending the bid be awarded to the 3rd Iow bidder, Gator Landscaping and Irrigation in the amount of $32,369.00. Gator Landscaping equipment and references were okay, We are not recommending award to the Iow bidder, Cee Jay's Lawn Maintenance, who bid $31,035, because after reviewing his equipment, he had only one (1) 32" walk behind mower and did not supply any references. We are not recommending award to the 2r~ Iow bidder, BLC Lawn and Maintenance, who bid $31,730, because after speaking with references we were informed that BLC had not performed according to their contract and had problems keeping up their insurance. Cc: Barbara Garito - City Clerks Office Tim Simmons - Parks Superintendent File JW:giv Att/ U:\WWdata~BID AWARD-BID # 2000-41.DOC 09/29/00 10:02 AM 50 Northwest 1st Avenue · Delray Beach, Florida 33444 (561) 243- 7250 · Fax: (561) 243-7268 TO: OM: DATE: Joe Weldon, Director of Paxlcs and Recreation Tim Simmons, Superintendent of Park Maintenance 9/20/00 SUBJECT: BID # 2000-41 I do not reconunend that this Bid #2000-41 be a~varded to CEE JAY'S LAWN MAINTENANCE. They do not have the proper equipment to maintain areas of this size. Adler meeting with the owner Christopher C. Jackson and reviewing his equipment and inquiring about his current contracts I do not believe the are capable of performing the work the City has put out for contract. CEE JAY'S only lawn mower was a 32-inch walk - behind mower with a sulky. He also failed to supply any references other than himself. Also I do not recommend that this Bid # 200041 be awarded to BLC. After speaking with the references They supplied Iwas informed that they had to constantly lxack down BLC for scheduled work that was not performed as per their cotract stated and that BLC had problems keeping up with their insurance. I do recommend that the Bid # 200041 be awarded to GATOR LANDSCAPING & IRRIGATION. The currently are performing the same work for the City of Coconut Creek and the City of Lantana. Both references from both Cities are satisfied with the work the)' are receiving. GATOR LANDSCAPING also has the equipment and the employees to perform the work we are looking for. Cc. J. Rooney, Purchasing Supervisor ~o~ © © MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM 9. /-/. - REGUI.AR M~.F. TING OF OCTOBER 3, 2000 REGIONAL EVACUATION COORDINATION & IMPLEMENTKI'ION PROCEDURES SEPTEMBER 29, 2000 Based on the assurances verbally provided by Mr. O'Brien, Palm Beach County Director of Emergency Management, to the League of Cities as well as assurances in his letter of August 30, I recommend that the City Manager be authorized to sign the letter of support for the Host Shelter Plan, the Reentry Plan and the Road Monitoring Procedures. Our staff is still working with the County Division of Emergency Management on the Refuges of Last Resort Plan and I do not recommend endorsing it at this time. Ref:Agmemo22.Regional Evact~ation Coordination & Implementation Procedures NAME OF ORGANIZATION/MUNICIPALITY Date: October 5, 2000 Re: Regional Evacuation Coordination and Implementation Procedure~ Dear Mr. O Bnen. On behalf of the City of Delray Beach ._ (name of organization), I am expressing sUpport for the Regional Evacuation Coordination Plan and Operational Procedures of Palm Beach County as laid out in the following plans (please indicate your support by checking the appropriate slot): Host Shelter Plan: Reentry Plan: Road Monitoring Procedures: · Refuges of Last Resort Plan: Yes M: No ___ Yes 2( No Yes. >( No .__ Yes. No_ f I have had an opportunity to review these documents and feel that they represent an effort by the Palm Beach County Board of County Commissioners to coordinate with my jurisdiction/association to ensure an efficient and safe large-scale evacuation. The procedures will involve the utilization of local resources, coordinated response actions, and ongoing communication throughout a large-scale disaster. I find this initiative to be consistent with the goals and objectives of the municipality/association that I represent and wilt encourage the incorporation of these procedures in all applicable internal operational procedures. Sincerely, Title: City Manamer [ITY DF DELRR¥ BER[H CITY ATTORNEY'S OFFICE DELRAY BEACH 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 Ail.America City 1993 DATE: TO: MEMORANDUM August 3, 2000 David T. Harden, City Manager Robert Rehr, Fire Chief Richard Overman, Chief of Police FROM: Susan A. Ruby, City Attorney SUBJECT: Re-Entry Plan, Refuge of Last Resort Plan, Host Shelter Plan, Road Monitoring Plan: Hotel/Motel Information Collection Procedurcs I have reviewed the above plans submitted to me and provide the following summary and additional comments where warranted: Re-Entry, Plan This plan provides for re-entry of persons into an area after a disaster. This plan provides for cities to have total control over its resources such as police and fire rescue departments during re-entry. Local law enforcement will establish checkpoints, set up roadblocks, enforce curfews, etc. as may be enacted by the City Commission. There appears to be a potential conflict with the setting of curfews, however, because lines 267/268 on page 7 appear to leave it up to the County to decide if curfews will be necessary. This conflicts with lines 172/173 on page 5, which says the decision is with the Palm Beach County Board of Commissioners and/or City Councils. Once re-entry is started, the Level 1 Access procedures apply first. Access is primarily granted to governmental personnel. Law enforcement officers monitor entry and provide the EOC information on road conditions and status of impacted areas as well as provide information about roadblocks and detours. Thereafter, August 3, 2000 Page 2 Level II Access procedures may be implemented which may permit access to critical relief workers/medical/insurance agents and residents and business owners. The decision on whether to allow re-entry under the Level II Access criteria is up to the City in consultation of the County. Both must agree and certain criteria must be met. I would suggest that the City have total control of this decision. Refuge of Last Resort Plan This agreement provides for delegation to the County to enforce and require municipalities to commandeer private facilities as Refuges of Last Resort which are shelters for people who are unable to reach public shelters. Under the plan, the Director of the County Engineering Management Division, once an executive order is issued, will notify municipalities to open refuges in their jurisdiction. The Director also is responsible for deactivating the plan. Only municipalities with on/off ramps to regional evacuation routes will be required to open refuges. This plan requires cities to determine which facilities may serve as Refuges of Last Resort. However, the County decides if cities will activate the plan. I would recommend that the cities make a determination if commandeering buildings is necessary in their jurisdiction because the County may activate the plan countywide without reviewing whether it is necessary in each and every jurisdiction. One potential remedy for cities is to list as many public buildings as possible as refuges which are located adjacent to on and off ramps of 1-95. The County will consult with municipalities on whether it is safe for refugees to leave; however, the EOC Director will determine when the refuges should be closed. This plan does not leave much latitude in decision making to cities for them to exercise their discretion as to the needs of the public in the event of disaster. Host Shelter Plan for Non Radio Logical Events The Host Shelter Plan applies only when the County is not under any threat of a disaster. It appears that the cities' only responsibility under this plan is for local law enforcement to monitor road conditions and maintain order in host shelters August 3, 2000 Page 3 located in their jurisdiction and for fire rescue to provide medical care in host sites located within the city. Road Monitoring Procedures The City Police Department is to work with various other entities to implement the procedures set forth in the plan as to traffic flow, real time traffic monitoring and decision making. In addition, a Special Team for Optimal Road Management (STORM) will be assembled which will deploy on a countywide basis. Local law enfomement is to monitor road conditions in their jurisdiction in addition to their other duties. It appears from the attachment on Page 11 that it is proposed that at Atlantic and 1- 95 there will be one STORM member. The list does not include Atlantic and the Turnpike. Hotel Information Collection Procedures The purpose of the Hotel Information Plan is to identify available hotel sites and rooms. The Palm Beach County Convention & Visitors Bureau (CVB) is primarily in charge of implementing this plan after it is activated by the County EOC. The CVB will provide information to the County regarding available hotel rooms, prices, etc. Please call me if you have any questions. Department of Public Safety Emergency Management 20 S. Military Trail West l>alm Beach, FL 33415-3130 (561) 712-6400 FAX: (561) 712-6464 www. co.palm-beach.fl.us Palm Beach County Board of County Commissioners Maude Ford Lee, Chair Warren H. Newell, Vice Chairman Karen T. Marcus Carol A Roberts Mary McCarty Burr Aaronson Tony Masilotti County Administrator Robert Weisman August 30, 2000 Mr. David T. Harden, City Manager City of Delray Beach 200 NW 1st Avenue Delray Beach, F1 33444 Dear Mr. Harden: Thank you for your correspondence regarding the Regional Evacuation Coordination Procedures. Success in implementing the Comprehensive Emergency Management Plan, the Statewide Regional Evacuation Coordination Plan, and the supporting regional evacuation coordination procedures requires a committed parmership on the municipal, county, and state levels to save lives during a large-scale disaster. With this recognition, we have attempted to be pro-active in developing these new required procedures and involve all impacted municipalities. This planning effort was commenced in fall of 1999 with the request for two representatives appointed by their chief executive from the: Police Chiefs Association, the Fire Chiefs Association, the Local Mitigation Strategy Steering Committee, and the Local Emergency Management Network. The City of Delray Beach is represented on all of these committees. These members were requested to actively participate in the planning process, review draft plans, present information to their committees and receive input from their organizations. Since spring of 2000 we have circulated multiple drafts to all the members, the member organizations and provided presentations at the League of Cities Meeting and the City Managers Association Meeting. A mailing to various jurisdictions was conducted in spring of this year and a draft summary was faxed to Mr. Bob Barcinski on May 22, 2000. ~ prfnted on mcyc/sd paper Mr. Harden August 30, 2000 Page Two Of the thirty-seven municipalities in Palm Beach County, twenty-one have responded to date and supported the procedures with revisions primarily to the Refuge of Last Resort Plan. We have taken the many suggestions into consideration and offer the following comments. Refuge of Last Resort Plan This plan will only be activated if conditions have deteriorated so significantly that lives of evacuees are imminently threatened on regional evacuation routes. We encourage and support efforts of all jurisdictions to assist evacuees in seeking shelter and refuge within their jurisdictions. The authority to commandeer private buildings is held by the Governor and, therefore, can be exercised by other authorities only if specifically granted by the Governor. Our preference is to concentrate on public buildings (state, county, and municipal) for use as refuges. If lives are not imminently threatened, we do not anticipate activating the refuge of last resort plan. The County EOC will be requesting that the municipalities along the regional evacuation routes identify refuge sites and if possible, assist evacuees within their jurisdiction in entering these sites. The decision to participate in this procedure, identify appropriate structures, and direct evacuees rest with each municipality during each event. Discussion to reach consensus on this procedure is continuing with multiple municipalities. Re-entry Plan The final decision for re-entry to a Municipality will be the purview of the Municipality. The Palm Beach County Board of County Commissioners and/or the affected City Councils may enact curfews. I look forward to meeting with you personally to further discuss these issues. Sincerely, Division of Emergency Management C Patricia Schapley, FAU/FIU RECEIVED ,Il'! CiTY ogether .~ Department of Public Safety Emergency Manal~ement 20 S. Military Trail %~st Palm Beach, FL 33415-3130 (fib1) 712-6400 FAX: (561) 712-6464 www. co.palm-beach.fl.us Palm Beach County Board of County Commissioners Maude Ford Lee. Chair Warren H. Newell, Vice Chairman Karen T Marcus Carol A. Roberts Mary McCarty Burr Aaronson Tony Masilotti County Administrator Robert Weisman July 27, 2000 Re: Regional Evaomtlon Coordination and Implementation Procedures Enclosed are the final draft versions of the Palm Beach County's regional evacuation procedures: the Refuges of Last Resort plan, the Re- entry plan, the Host Shelter plan, and the Road Monitoring procedures. This is a final opportunity for you and your organization to review the drafts and have your comments incorporated into the final plans. If you have no comments, please indicate your association/agency's support of these procedures and its willingness to cooperate in their implementation by completing the attached form and faxing it to the Palm Beach County Division of Emergency Management at (561) 712- 6464 by August 4, 2000. If you have any questions, I may be reached at (561) 712-6400. William ~~' ector Division of Emergency Management FINAL DRAFT 7/20/00 REFUGE OF LAST RESORT PLA~.2 Table of Contents H. A. B. I~. A. B. C. IV. B. C. V. A. B. C. VI. A. B. VII. A. B. C. D. E. F. A. B. EXECUTIVE SUMMARY ........................ '" 1 INTRODUCTION Purpose ............................................................................................................. 2 Scope ................................................................................................................ 2 AUTHORITIES Chapter 252, Florida Statutes ............................................................................ 2 Chapter 23, Florida Statutes .............................................................................. 2 Executive Order ................................................................................................ 2 SITUATIONS Disaster Conditions ........................................................................................... 3 Planning Assumptions ....................................................................................... 3 Circumstances for Activating RLR .................................................................... 3 LEGAL ISSUES Negligence ........................................................................................................ 4 Statutory Protections ......................................................................................... 4 Authorit7 to Commandeer ................................................................................. 4 POTENTIAL REFUGES Types of Refuges .............................................................................................. 5 Public v. Private Facilities ................................................................................. 5 RESPONSIBILITIES Palm Beach County Division of Emergency Management .................................6 Palm Beach County Sheriff's Office ................................................................. 6 Municipal Governments and Police Departments .............................................. 6 Florida Highway Patrol ..................................................................................... 6 Palm Beach Count~ Engineering and Public Works Department .................... 7 Department of Public Affairs ................................... 7 CONCEPT OF OPERATIONS General ............................................................................................................. 7 Pre-Disaster Phase ............................................................................................ 7 C. Response .................................. i ........................................................................ 8 8 D. Post-Disaster Phase ........................................................................................... ATTACHMENT I ..................................................................................................... 10 ATTACHMENT II .................................................................................................... 11 ..... 1:2 ATTACHMENT IH ................................................................................ FINAL DRAFT 07~20~00 REFUGE OF LAST RESORT PLAN Executive Summary 1 2 3 4 5 Introduction 6 The purpose of the Refuge of Last Resort Plan is to help evacuees, who are stranded on 7 Interstate 95 and the Ronald Reagan Turnpike during a massive evacuation, find nearby 8 refuge from hurricane-force winds. Refuges of Last Resort are structures for people who 9 are unable to reach public shelters in time. Because they are not pre-designated by the 10 American Red Cross and will only be used at the very last minute, refuges may not 11 provide refugees with food, water, utilities, or supervision. 12 When it becomes apparent that evacuation poses a threat to people's safety, the Director 13 of the Emergency Management Division will activate the Refuge of Last Resort Plan. 14 This activation will be based upon the Governor's recommendation, as stated in an 15 Executive Order. In addition, this Executive Order will give the Director of the 16 Emergency Management Division the authority to commandeer private facilities for use 17 as refuges of last resort. Once the Executive Order is issued, the Director will notify 18 municipal contacts along regional evacuation routes to open refuges in their jurisdictions. 19 The County will remain in contact with the State Emergency Operations Center and 20 municipalities operating refuges until the threat has passed. 21 Statutory Protections 22 The Refuge of Last Resort Plan examines statutory protections for both public and 23 private entities operating last resort refuges. It also looks at the advantages and 24 disadvantages of using public and private facilities and well as guidelines to the types of 25 refuges that may be considered. 26 Roles and Responsibilities 27 The Plan also discusses the roles and responsibilities of the agencies involved once 28 activation occurs. Apart fi.om the Palm Beach County Division of Emergency 29 Management, they include the Palm Beach County Sheriff's Office, the Florida Highway 30 Patrol, municipal officials and police departments, Palm Beach County Engineering and 31 Public Works Department, and the Department of Public Affairs. The Plan points out that 32 the Director of the Emergency Management Division is responsible for deactivating the 33 Refuge of Last Resort Plan once the hurricane has passed and it is safe for refugees to 34 leave the facilities. Post-storm provisions will be made for refugees on a case-by-case 35 basis. 36 Attachments 37 Finally, there are three attachments to the Refuge of Last Resort Plan. Attachment I is a 38 draft copy of a pre-scripted media release that the Department of Public Affairs will have 39 broadcasted upon activation of the Plan. It advises people still traveling along regional 40 evacuation routes to seek refuge. Attachment II is another draft that will be broadcasted 41 upon activation of the Refuge of Last Resort Plan. However, Attachment II will also be 42 made available for distribution at refuges by the municipalities. The third attachment is a 43 map that displays the municipalities along regional evacuation routes that will be required 44 to open refuges of last resort. Only municipalities with on/off ramps for regional 45 evacuation routes will be required to open refuges. Florida Atlantic University/Florida International UniversiW 1 Joint Center for Environmental and Urban Problems 46 47 48 49 FINAL DRAFT 07/20/00 Palm Beach County, Florida RE.GE OF LAST RESORT PLAN 2000 50 51 52 53 54 55 56 57 58 59 60 61 INTRODUCTION A. Purpose The goal of this plan is to specify the circumstances under which the County will implement refuges of last resort upon recommendation of the Governor. Refuges of Last Resort are structures/buildings designated as the best possible accommodation for people who cannot or do not evacuate in time to reach safe public shelters. Refuges are not pre-designated and may have little or no food, water, utilities, or supervision. These structures are not guaranteed to be completely safe in strong hurricane situations, however, they provide an option which may be better than having people trapped on the roads in their vehicles during strong winds. In short, refuges are viewed as a last resort until the hurricane or other disaster passes. 62 63 64 65 B. Scope This plan is regional in scope and discusses legal implications and local statutory protections and specifies how refuge information will be communicated to evacuees and law enforcement officials at the time of implementation. 67 68 69 70 71 72 73 74 75 76 77 78 'I, AUTHORITIES A. Chapter 252, Florida Statutes This Refuge of Last Resort Plan is developed in accordance with Chapter 252.35(2), Florida Statutes, which requires that local governments establish Refuge of Last Resort programs to protect the lives of its citizens. B. Chapter 23, Florida Statutes Chapter 23, Florida Statutes, Part I, Mutual Aid Act, among other things, provides for the coordination and use of state law enforcement whenever a local law enforcement agency requires assistance fi.om the state or any other jurisdiction. C. Executive Order Executive Orders of the Governor usually address evacuation order authority and may include a delegation of authority related to the implementation of a refuge of last resort strategy or operation, such as the authority to seize property. 79 Ill. SITUATIONS Florida Atlantic University/Florida International University Joint Center for Environmental and Urban Problems 2 FINAL DRAFT 07/20/00 80 A. Disaster Conditions 81 This plan apples to any natural disaster where people must evacuate their homes 82 but because of circumstances are unable to do so in time and need to seek refuge 83 until the disaster has passed. 84 According to the Southwest Florida Regional Planning Council's Refuge of Last 85 Resort Strategy Study, there are three main types of evacuees who may seek 86 refuges as a last resort. They are: i) people evacuating barrier islands but are 87 stranded due to the closure or flooding of causeways and bridges or high winds; 88 ii) people on the mainland areas, especially those in mobile homes or flood prone 89 structures, that are subject to storm surge, rainfalls, and/or high winds; and iii) 90 people on main regional evacuation routes such as Interstate 95 and the Ronaid 91 Reagan Turnpike who are subject to high wind hazards. This Refuge of Last 92 Resort Plan relates only to people stranded on regional evacuation routes 93 (Interstate 95 and the Ronaid Reagan Turnpike) in Palm Beach County. 94 B. Planning Assumptions 95 The following assumptions are made during this planning process: 96 1. Although evacuations will be ordered with sufficient time to complete prior to 97 the arrival of the disaster, not everyone will have evacuated in time. 98 2. Law enforcement personnel may have ceased operations, while some people are still traveling on regional evacuation routes. 99 The Refuge of Last Resort Plan relates only to people stranded on major 100 3. 101 evacuation routes in Palm Beach County, specifically Interstate 95 and the 102 Ronald Reagan Turnpike. 103 4. Local officials have the authority to commandeer private facilities for use as 104 Refuges of Last Resort based on an Executive Order of the Governor of the 105 State of Florida. 10~ 5. Municipal officiais are responsible for deterrmmng which factht~es m thetr 107 jurisdictions may serve as Refuges of Last Resort. 108 6. The Refuge of Last Resort Plan is only in effect until the hurricane passes, 109 after which time regular evacuation procedures will follow. 110 111 112 113 114 115 C. Circumstances for Activating RLR The County will implement its Refuge of Last Resort Plan when ordered by the Governor of the State of Florida or when decision-makers at the Emergency Operations Center (EOC) deem it necessary. The decision to activate the plan will be based on factors such as the speed, timing, and intensity of the approaching weather system as well as traffic conditions on regional evacuation routes. 116 117 118 IV. LEGAL ISSUES _ . ~-~-- ,~-ol ;~,,,es surrounding the This section includes intbrmat~on on some o[ operation of Refuges of Last Resort. Florida Atlantic University/Florida International University 3 ]oint Center for Environmental and Urban Problems 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 FINAL DRAFT 07/20/00 A. Negligence The conduct of refuge-of-last resort operations can expose a government entity to liability. The principal type of liability that faces local governments is negligence, which is defined as "the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances; a failure by a responsible person to use that degree of care, diligence, and skill that he or she had a duty to use to protect another fi.om injury. Once any government entity undertakes the administration ora Refuge of Last Resort operation, it has the duty to act reasonably in administering the operation. B. Statutory Protections Soy r i I unit There is a common law duty of care regarding how property is maintained and operated and how professional and general services are performed. Sovereign immunity will generally apply and protect discretionary decisions made by County employees and agents to address public safety considerations. However, it may not protect the operational activities of these employees/agents who are engaged in property control and general services for the health and welfare of the citizens. Statutory_ Immunity Public entities participating in the RLR plan and program may be protected by statutory immunity. In the absence of gross negligence or willful or wanton misconduct, these entities will be immune fi.om suit for injury or death, or loss of, or damage to, property (Section 252.51, F.S.). Any person or organization, public or private, owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege or otherwise permits the designation by the local emergency management agency or use of the whole or any part of such real estate or premises for the purpose of sheltering persons during actual, impending, mock, or practice emergency, together with her or his successor in interest, if any, shall NOT be liable for the death of, or injury to, any person on or about such real estate or premises during the actual, impending, mock, or practice emergency, or for loss of, or for damage to, the property of such person, solely by reason or as a result of such license, privilege, designation, or use, unless the gross negligence or the willful and wanton misconduct of such person owning or controlling such real estate or premises or her or his successor in interest is the proximate cause of such death, injury, loss, or damage occurring during such sheltering period. [Capitalization added]. C. Authority to Commandeer The Governor has the power to commandeer property during an emergency. Although s. 252.38, F,S. grants local governments the authority to waive procedures and formalities otherwise required of them by law, it does not Florida Atlantic Universi .ty/Florida International University. 4 Joint Center for Environmental and Urban Problems 161 162 163 164 165 166 167 168 169 170 171 172 173 174 FINAL DRAFT 07~20~00 expressly state that they may exercise the powers of the Governor, including the power to commandeer private property. Such powers (to commandeer private property) would have to be delegated by the Governor in an Executive Order or proclamation. Since 1999, executive orders have included a delegation of many of the Governor's powers, including the power to commandeer (Executive Orders for Tropical Storm Harvey, Hurricane Floyd, and Hurricane Irene). However, this delegation is intended for the State Coordinating Officer (SCO), not local governments or local law enforcement officers. Palm Beach County Emergency Management Division intents to seek a declaration fi.om the Governor which would allow the County to commandeer private property for use as last resort refuges. In addition, this declaration would allow the County to authorize municipalities within the County to commandeer facilities within their jurisdictions. 175 176 177 178 179 180 181 182 183 184 185 186 187 188 POTENTIAL REFUGES A. Types of Refuges There are two types of facilities that may be considered as Refuges of Last Resort. 1. Public Facilities Educationah Schools, universities, colleges, and libraries. Governmental: Public works buildings, courthouses, federal and local offices/administrative complexes, post offices, and airport terminals. 2. Private Facilities Residential: Common areas of multi-family dwellings such as clubhouses. (Single-family residences, including duplexes should NOT be considered.) Non-Residentiah Churches, hotels/motels, malls, movie theatres, "big box" retail facilities, shopping complexes, banks, restaurants, auditoriums, and office buildings such as telephone and electric companies. 189 190 191 192 193 194 195 196 197 198 199 200 Public v. Private Facilities The decision to use public or private facilities as Refuges of Last Resort is a complex one. Although disasters are unpredictable and provide little time for making safe decisions, local government officials must plan ahead and decide on the type of facility that will be utilized. Below is a summary of the advantages and disadvantages of both types that may help guide such a decision. Public Facilities According to the study conducted by the Southwest Florida Regional Planning Council, public facilities make good refuges of last resort because of'centimes, they are built or retrofitted to a higher flood and wind standard; there may be better records kept of their design and strength; they may have better Florida Atlantic University/Florida International University. Joint Center for Environmental and Urban Problems 201 2O2 2O3 2O4 2O5 2O6 2O7 2O8 2O9 210 211 212 FINAL DRAFT 07/20/00 structural maintenance; there may be fewer liability issues to address; and written agreements for their use may not be necessary. On the other hand, public facilities may not always be available in the areas where refuges of last resort are needed. Private Facilities Private facilities, especially in residential complexes, may have retrofitted buildings such as clubhouses that could be used as refuges of last resort. Such facilities may also be used during the recovery phase as staging areas or distribution points. Similarly, private facilities are more likely to be available in areas where refuges of last resort are needed. Finally, private facilities may have a manager or caretaker of the property that could serve as refuge manager before and after the disaster to deter looting. 213 VI. RESPONSIBILITIES 214 215 216 217 218 219 22O 221 222 223 224 225 226 227 228 229 23O 231 232 233 234 235 236 237 238 239 240 A. Palm Beach County Division of Emergency Management The role and responsibilities of the Director of the Palm Beach County Division of Emergency Management are to: · Activate the Refuge of Last Resort Plan. · Authorize municipalities to open refuges of last resort within their respective jurisdictions. · Designate a Refuge Coordinator to serve as liaison between the County and municipalities on all refuge matters. · Coordinate with all the agencies involved. · Deactivate the Refuge of Last Resort Plan. B. Palm Beach County Sheriffs Office - ESF 16 The role and responsibilities of the Palm Beach County Sheriff's Office STORM Team are to: · Staffthe "Observation locations" proposed by the Traffic Engineering Department. Report to the County EOC on road conditions and traffic flows and counts. C. Municipal Governments and Police Departments The role and responsibility of each municipality and its police department in the County are to: · Open refuges of last resort upon the request of the County. · Provide law enforcement support to the municipalities, as needed. · Direct and monitor traffic in their jurisdictions. D. Florida Highway Patrol The role and responsibilities of the Florida Highway Patrol are to: · Monitor traffic conditions on Interstate 95 and the Ronald Reagan Turnpike and report to the County EOC. Florida Atlantic Universi .ty/Florida International UniversiW 6 Joint Center for Environmental and Urban Problems 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 26O 261 262 263 264 265 266 267 268 FINAL DRAFT 07~20/00 Handle all incidents along regional evacuation routes. E. Palm Beach County Engineering and Public Works Department-ESF 3 The role and responsibility of the Palm Beach County Engineering and Public Works Department is to: · Ensure that signs are in place to guide evacuees to refuges along the Ronald Reagan Turnpike. F. Department of Public Affairs The role and responsibilities of the Department of Public Affairs are to: · Ensure that refugees are informed about when and where to find refuge, particularly refugees in unincorporated Palm Beach County. · Inform refugees when it is safe for them to leave refuges. VII. CONCEPT OF OPERATIONS General During an evacuation, the Emergency Management Director, upon the request of the State and county officials will activate the Refuge of Last Resort Plan. The Emergency Management Director, based on the authority granted in the Governor's Executive Order, will authorize the municipalities in the County to open refuge facilities within their respective jurisdictions. The County Refuge Coordinator will notify municipal contact persons at that time. Municipalities will only be contacted when an Executive Order, authorizing these actions, is in place. The County Eec will work with municipal contact persons to determine the total number of refuges to be opened, based on the information received from law enforcement officers on regional evacuation routes. The County will remain in contact with law enforcement officers and municipal contact persons and continue to brief the State Eec on the status of refuges until disaster conditions have improved. 269 270 271 272 273 274 275 276 277 278 279 280 Pre-Disaster Phase The period before the Refuge of Last Resort Plan is activated is one of planning and preparation. The preparedness and planning stage will be handled by the County Refuge Coordinator, the person assigned to monitor and coordinate the operations of all the refuges before, during, and after the Plan is activated. The County Refuge Coordinator will ensure that: I. The contact numbers for municipal liaisons are current and on file at the County EOC. 2. Contact numbers for local emergency service agencies are current and on file at the County EOC. These agencies include emergency management agencies, law enforcement departments, fire departments, medical centers Florida Atlantic University/Florida International Universi~' Joint Center for Environmental and Urban Problems 7 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 3OO 301 3O2 3O3 3O4 305 3O6 3O7 3O8 309 310 311 312 313 314 315 316 317 318 319 FINAL DRAFT 07/20/00 (hospitals), and emergency service disaster agencies (American Red Cross and Salvation Army). There is continued communication between the County and municipal contact persons on the readiness of refuges of last resort. Response Once the authority has been granted, the County Refuge Coordinator will contact municipal contact persons; law enforcement officers will follow pre- established procedures; information for the public will be released to the media; and pre-scripted emergency announcements will be prepared and released to evacuees seeking refuge. The STORM Team will coordinate operations on regional evacuation routes during activation to ensure that the County EOC is informed of road conditions at "observation locations" and the status of evacuees on roadways seeking refuge. In addition, STORM will provide the Executive Policy Group at the County EOC with the necessary information to help determine when locations may be shut down. PROCEDURES · Refuge of Last Resort Plan is activated and an initial notification of County refuge coordinator is made. · County Refuge Coordinator notifies municipal contact person to begin opening refuges. · STORM Team informs the County EOC of road conditions at "observation locations" and the status of evacuees on roadways seeking refuge. · STORM Team provides decision-makers at the County EOC with the necessary information to help them determine when locations (??) may be shut down. Law enforcement officers will inform the EOC of the locations to which they have directed refugees. Post-Disaster Phase Although the Refuge of Last Resort Plan is in effect only until the disaster passes, the EOC will need to verify with municipalities and law enforcement officers who are dispatched when it is safe for refugees to leave. This is because there may be downed power lines and debris that may pose a threat to people's safety. Once it is deemed safe to vacate, the Emergency Management Director will determine when refuges will be closed. The EOC will noti~ the State EOC, county officials, and municipalities within the County when the final decision is made. Post-storm provisions will be made for refugees on a case-by-case basis. END. Florida Atlantic University/Florida International University, Joint Center for Environmental and Urban Problems 8 320 321 322 FINAL DRAFT 07/20/00 [This phase of the plan will also address reimbursement for facilities that serve as refuges of last resort. Particularly, compensation for public/ pr~vate fucilities, tYe are currently awaiting information from the state regarding this issue.} 9 Florida Atlantic University/Florida International University Joint Center for Environmental and Urban Problems FINAL DRAFT 07/20/00 1 2 3 4 5 6 7 8 9 ATTACHMENT I The pre-scripted media release below will be submitted to Public Information Officers (PIOs). The information enclosed in the media release will be broadcasted upon activation of the Refuge of Last Resort Plan. Media Release for Use of Refuge of Last Reso~ "Hurricane is moving more rapidly than originally 10 predicted, and dangerous winds will begin to occur in the 11 vicinity of , in Palm Beach County in approximately 12 minutes. This will be dangerous to people still 13 evacuating on the Ronald Reagan Turnpike and Interstate 95 in 14 Palm Beach county. The Governor has directed evacuees to exit 15 these highways as soon as possible and to seek refuge until the 18 hurricane passes. Refuges are located approximately one (1) mile 17 after exiting the highways and may not provide food, water, or 18 supervision. The County cannot guarantee that refugees will be 19 completely safe in these structures and you are free to refuse 20 shelter. 21 22 23 24 25 26 27 There is not enough time to complete the evacuation. Therefore, evacuees are advised to find any available shelter as quickly as possible. This is a very dangerous situation and you must follow the Governor's instructions immediately, otherwise you could be injured or killed. Take shelter now!" Florida Atlantic University/Florida International University 10 Joint Center for Environmental and Urban Problems FINAL DRAFT 07/20/00 27 ATTACHMENT II 28 The information below will be broadcast upon activation of the Refuge of Last Resort 29 Plan. The following notice is only a guide. The County recommends that municipalities 30 prepare a similar notice for distribution at refuges. 31 32 33 34 35 36 37 38 39 Notice to Evacuees Seekin,q Refu,qes of Last Resort ['he Governor has directed evacuees on 1-95 and the Ronald Reagan Turnpike to exit as soon as possible and seek refuge until the hurricane passes. Refuges are ocated approximately one (1) mile after exiting the highways and may not provide food, water, or supervision. These buildings were not inspected or evaluated. Therefore, the County/Municipality CANNOT guarantee that refugees will be completely safe in these structures and you are free to refuse shelter. 40 41 42 43 44 45 46 47 48 49 11 Florida Atlantic Universiw/Florida International University. Joint Center for Environmental and Urban Problems 49 50 51 52 FINAL DRAFT 07/20/00 A'VI'ACHMENT III The attached map displays the municipalities along regional evacuation routes that will be required to open refuges of last resort. Only municipalities that contain red dots will be required to open refuges. The red dots signify ordofframps. Florida Atlantic University/Florida International University 12 Joint Cemer for Environmental and Urban Problems FINAL DRAFT 7120100 RE-ENTRY pLAN II. A. B. IV. A. V. A. B. C. VI. IX. A. B. C. D. Table of Contents EXECUTIVE SUMMARY ............................................. INTRODUCTION ............................... 2 Purpose ............................................................................ . ......... 2 Scope .......................................................................... AUTHORITIES ...................................................................... SITUATIONS .......................... er Conditions ....................................................... Disast " .. 2 mn Assumptions .............................................................................. Plan g .3 Circumstances for Activating KeentD' Plan ............................................... LEGAL ISSUES ................................. 3 Negligence ....................................................................... 3 fei n Immunity ....................................................................................... $ove g ........ 4 Waivers .................................................... DURES IDENTIFICATION PROCE ............................ 4 · k oints ........................................ ' ...... Checp .......... ..5 DBLOCKS ................................................. ROA ............... . ..... 5 CURFEWS .................................................... RESPONSIBILITIES t 5 The Palm Beach County Division of Emergency Managemen .......................... The Palm Beach County Sheriff's Office .................................................... 5 The Palm Beach County Engineering and Public Works Department ................ 6 6 ici al Law Enforcement Agencies ......................................................... Mun p .6 · a Hi hway Patrol ............................................................................. E. Florid g .6 Beach County Fire Rescue Department ............................................. F. Palm 6 G. Municipal Fire-Rescue Departments .............................................. 6 H. Department of Public Affairs ............................................................... X. CONCEPT OF OPERATIONS .............................. 7 A General ............................................................................. 7 tivation Phase ....................................................................................... B Pre-Ac ........ 7 C Response .............................................................. 10 ATTACHMENT I ............................................................................................... .. ATTACHMENT II .................................................................................... 11 FINAL DRAFT 07/20/00 ~EN~YP~N Executive Summary 1 2 3 4 5 Introduction 6 The Reentry Plan is designed to assist law enforcement personnel who controls access 7 into impacted communities following a large-scale disaster. It includes procedures 8 necessary to ensure safe and orderly reentry. This reentry will occur in a coordinated 9 manner between County and municipal officials. Each municipality will be responsible 10 for its jurisdiction and will have total control over its support resources such as police and 11 fire-rescue departments. The County will provide assistance when requested based upon 12 availability of resources. 13 Reentry Phases 14 The Palm Beach County EOC will activate this Plan immediately a~er the disaster has 15 passed and local officials deem it safe to allow people back into their communities. 16 Reentry will occur in two phases. The first phase, Level I Access, allows for the reentry 17 of those agencies and groups that play key roles in restoring normal operations in the 18 County after a disaster. They include Search and Rescue Agents, Infrastructure and 19 Utilities Repair Personnel, and Official Damage Assessment Teams. The second phase, 20 Level II Access, allows for the reentry of critical support groups such as relief workers, 21 healthcare personnel, and insurance agents as well as residents and business operators. 22 Liability Issues 23 The Reentry Plan also examines the principal liability (negligence) facing the County 24 when it administers reentry and steps that the County may take to reduce its exposure to 25 such a liability. This involves taking the necessary steps to avert any danger and properly 26 warn persons reentering impacted areas. The County plans to provide the public with 27 written and verbal warnings about damaged infrastructure, buildings, and roadways. 28 Reentry Procedures 29 Law enforcement officers will establish and staff checkpoints during reentry. Returning 30 residents, workers and business owners will be required to show their driver's licenses, 31 company ID cards, and documents showing ownership/rental of business. In cases where 32 an address on a driver's license does not correspond to an area, other documents such as 33 utility bills, mortgage deeds, property tax documents, and car registrations will be 34 accepted at established checkpoints. In addition, law enforcement will set up roadblocks 35 where they are deemed necessary and curfews may be implemented at the request of the 36 Board of County Commissioners. 37 Attachments 38 Finally, there are two attachments to the Reentry Plan. Attachment I is a draft of a pre- 39 scripted media release that will be used to inform the public once reentry is permissible. 40 Attachment II is a drat~ copy of a notice that law enforcement officers will distribute to 41 people reentering a devastated area. The notice emphasizes the need for people to 42 exercise caution during the process. 43 Florida Atlantic University/Florida International University Joint Center for Environmental and Urban Problems 44 45 46 47 FINAL DRAFT 07/20/00 Palm Beach County, Florida ~RFENTRY PLAN 2000 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 INTRODUCTION A. Purpose The purpose of this plan is to assist local law enforcement in directing access into disaster-impacted communities. The plan identifies procedures necessary to ensure safe and orderly reentry, such as timing, identification, public education, and other safety components. Reentry will take place in a coordinated manner when both County and municipal officials deem it is safe to do so. Municipalities will be responsible for their jurisdictions and will have total control over their resources such as police and fire-rescue departments. The County will provide assistance when requested based upon availability. B. Scope The provisions of this plan are county-wide and are applicable for all hazards. The plan clarifies the roles and responsibilities of local and state agencies involved in reentry activities. The plan also addresses the legal implications of reentry and waiver forms to be used in the process. 65 66 67 68 II. AUTHORITIES The authorities that guide this plan and its operating procedures are: 1. Chapter 252, Florida Statutes, Emergency Management. 2. Chapter 23, Florida Statutes, Part I, the Florida Mutual Aid Act. 69 70 71 72 73 74 75 76 77 78 SITUATIONS A. Disaster Conditions A natural, technological, or manmade disaster in Palm Beach County that requires massive evacuation of residents will also require that residents reenter in a safe and timely manner. B. Planning Assumptions 1. An aerial survey of the impacted areas will be conducted immediately following the disaster to identify and prioritize the most seriously damaged areas of the County. Damages to major routes to neighborhoods, sensitive 2 Florida Atlantic University/Florida International University Joint Center for Environmental and Urban Problems 79 80 81 82 83 84 85 86 87 88 89 9O 91 FINAL DRAFT 07/20/00 public facilities, and field disaster relief supply points will also be recorded. 2. This Reentry plan relates only to the routes leading to heavily damaged areas. Only these routes will be monitored and have checkpoints established after a disaster. 3. All assigned agencies such as the Palm Beach County Sheriff's Office, local police departments, and the Florida Highway Patrol will be guided by their individual emergency response plans in addition to the provisions of this plan. 4. Local police departments will have primary control over reentry for their respective municipalities. However, there will be coordination with the County Emergency Operations Center (EOC), with ESF 16: Law Enforcement and Security, taking the lead. 92 93 94 95 96 C. Circumstances for Activating Reentry Plan The County EOC will activate its Reentry Plan immediately a~er the disaster has passed and it is safe for law enforcement officers and governmental agencies to begin the necessary preparations for the reentry of the general public. These preparations include restoring essential services and infrastructure. 97 IV. LEGAL ISSUES 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 A. Negligence The principal type of liability that faces local governments, when conducting reentry operations, is negligence. Negligence is defined as "the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances; a failure by a responsible person to use that degree of care, diligence, and skill that he or she had a duty to use to protect another from injury." Although there are no statutes that address reentry operations specifically, common law establishes that once a governmental entity administers reentry, it must do so in a reasonable manner. County agencies and personnel have a duty to protect persons reentering disaster- impacted areas from danger. Once the County admits people to a severely damaged area where they may likely be injured, the County must take steps to avert the danger and properly warn persons who may be injured by that danger. As a result, Palm Beach County plans to provide the public with written and verbal warnings about damaged infrastructure, debris strewn roadways and sidewalks, damaged public and private buildings, and other hazards and risks present. 115 116 117 B. Sovereign Immunity There is a common law duty of care regarding how property is maintained and operated and how professional and general services are performed. Florida courts Florida Atlantic University/Florida International UniversiW Joint Center for Environmental and Urban Problems FINAL DRAFT 07/20/00 118 have recognized the broad discretion afforded to government agencies that 119 allocate public services. In addition, other jurisdictions that have considered the 120 issue have determined that sovereign immunity is appropriate in the aftermath ora 121 disaster. 122 123 124 125 126 127 128 C. Waivers The County will administer reentry without the requirement that a release be signed. A pre-incident release, such as a waiver, amounts to a contract and contracts injurious to the public or that contravene some established interest of society generally are contrary to public policy. Therefore, the County feels that a waiver or release received as a condition for reentry into an impacted area may later be determined to be unenforceable. 129 130 131 132 133 134 135 156 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 IDENTIFICATION PROCEDURES ' ' ' e Residents and workers must have proper identification such as a driver shcens or a company ID card to enter an impacted area. Business owners will also be required to show their driver's license and documents showing ownership/rental of business. In cases where an address on a driver's license does not correspond to an area, the following documents will be accepted at established checkpoints by law enforcement officers: utility bills, mortgage deeds, property tax documents, and car registrations. In addition, returning residents and business operators will adhere to the reentry procedures established by their municipalities. A. Checkpoints Local law enforcement officers will be primarily responsible for establishing and staffing checkpoints for reentry into their respective municipalities. All other checkpoints will be established by and staffed through mutual aid law enforcement in coordination with the Palm Beach County Sheriff's Office. In addition, law enforcement may reduce traffic lanes to better manage these checkpoints. In order to expedite the reentry process, a Credential Verification Area (CVA) will be set up close to checkpoints for people with questionable identification. Every effort will be made at the CVAs to ensure that residents return to their homes with little delay. The Palm Beach County Sheriff's Office, the Palm Beach County Fire Rescue Department, local police officers, the Florida National Guard, the US Army, the Florida Highway Patrol, and other personnel from the State who can justify legitimate business for being in impacted areas, will have immediate access. ROADBLOCKS The strategic location of roadblocks is an important part of the reentry process. Roadblocks are commonly used to seal entry points into devastated areas for two main reasons. First, roadblocks are used to prevent mass entry of the civilian Florida Atlantic University/Florida International University 4 Joint Center for Environmental and Urban Problems 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 FINAL DRAFT 07/20/00 population, which can clog rescue routes for people in the impacted areas who are in need of rescue and medical attention. Second, roadblocks are an efficient way of preventing looting and other acts of lawlessness. Law enforcement officers will set up roadblocks where they are deemed necessary. CURFEWS Depending on the intensity of the disaster and the level of damage caused, the County and municipalities may institute crime prevention and anti-looting measures such as curfews. It is common for sightseers and thieves to be attracted to a damaged area. However, unlike sightseers, who may be deterred by roadblocks, thieves may penetrate roadblocks and enter a devastated area to loot unprotected property. Anti-looting patrols can be established and assigned to residential communities. However, law enforcement officers may need to have security in place for establishments that possess items harmful to the public (weapons and ammunitions) or items essential to the public welfare (medical supplies). The decision to implement curfews and the duration will rest with the Palm Beach County Board of County Commissioners and/or City Councils. The Palm Beach County SheriWs Office will abide by the procedures laid out in its Emergency Response Plan for dealing with violators of curfews as well as looters [See 242.613; 242.623; and 242.624]. Likewise, local police officers will follow procedures laid out in their emergency plans, if available. Municipal police departments without an emergency plan may follow the procedures of the SheriWs Office. Public safety personnel and utility personnel will not be subject to curfews. All others will need clearance from the County EOC in order to violate established curfews. 183 VIII. RESPONSIBILITIES 184 185 186 187 188 189 190 191 192 193 194 195 196 A. The Palm Beach County Division of Emergency Management The role and responsibilities of the Director of the Palm Beach County Division of Emergency are to: · Activate the Reentry Plan. · Communicate with municipalities and the State EOC on all issues relating to reentry. · Organize damage assessment teams within the County. · Coordinate all other agencies. · Deactivate Reentry Plan. B. The Palm Beach County Sheriffs Office-ESF 16 The role and responsibilities of the Palm Beach County Sheriff's Office are to: · Establish and monitor checkpoints and set up roadblocks in unincorporated areas of the County as specified by the Division of Florida Atlantic University/Florida International Universi .ty 5 Joint Center for Environmental and Urban Problems FINAL DRAFT 07/20/00 197 Emergency Management and the County Engineering and Public Works 198 Department. `199 · Provide security against looting and theft. 200 · Enforce curfews within unincorporated areas, if required. 20'1 · Monitor road conditions and report traffic flows and counts as part of its 202 STORM Team responsibilities. 203 · Provide mutual aid assistance to municipal law enforcement through the 204 County Eec as directed by the Sheriff's Office. 205 C. The Palm Beach County Engineering and Public Works Department- 206 ESF 3 207 The role and responsibilities of the Palm Beach County Engineering and Public 208 Works Department are to: 209 · Conduct aerial surveys of the impacted areas of the County. 2'10 · Provide signage for reentry, if required. 211 D. Municipal Law Enforcement Agencies 212 The role and responsibilities of municipal police officers are to: 213 · Establish and monitor checkpoints and set up roadblocks in their 214 jurisdictions. 215 · Provide security against looting and theft, within their jurisdictions. 216 · Enforce curfews within their jurisdictions, if required. 217 218 219 220 22'1 222 223 224 225 226 227 228 229 230 231 232 233 E. Florida Highway Patrol The role and responsibility of the Florida Highway Patrol is to: · Monitor traffic conditions on Interstate 95 and the Ronald Reagan Turnpike and report to the County Eec. F. Palm Beach County Fire-Rescue Department-ESF 4 The role and responsibility of the Palm Beach County Fire Rescue Department is to: · Conduct search and rescue in impacted areas of unincorporated Palm Beach County following a disaster. G. Municipal Fire-Rescue Departments - ESF 4 The role and responsibility of municipal fire-rescue departments is to: · Conduct search and rescue in impacted areas within their jurisdictions. H. Department of Public Affairs-ESF 14 The role and responsibilities of the Department of Public Affairs are to: · Ensure that the public is informed about the identifications required for reentry. · Ensure that the public is notified once reentry begins. 234 6 Florida Atlantic Universit?'fFIorida International Un versity Joint Center for Environmental and Urban Problems 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 26O 261 FINAL DRAFT 07/20/00 CONCEPT OF OPERATIONS A. General Throughout a regional evacuation, the State EOC will engage in conference calls with affected risk counties (including Palm Beach County) and host counties to help decision-makers coordinate. Decision-makers will be able to inform the general public of which evacuated areas in the County are/are not ready for reentry. The County EOC will also provide information to the State EOC on the condition and accessibility of designated regional evacuation routes, the resources needed, and the removal of reentry restrictions for each impacted area within a local jurisdiction. The County will continue conference calls with the State EOC and with its municipalities until the reentry process is completed. The leader of the Special Team for Optimal Road Monitoring (STORM) will notify the STORM Team to begin monitoring traffic upon activation of the reentry plan (see "Road Monitoring Procedures" for a description of the STORM Team). The STORM Team leader, via ESF 16, will inform the County about the status of impacted areas based on the information received from the STORM Team and other law enforcement officers out in the field. All requests for law enforcement resources, including resources from support agencies, will be made through ESF 16. B, Pre-Activation Phase County officials will ensure that citizens are accurately informed about the requirements for entering their communities after a disaster. First, the public will be informed via the internet, press releases, live interviews, and mobile AM radios. In addition, pre-scripted warning statements on damages and risks present in impacted areas will be distributed at checkpoints (see attachment II). Second, the County will publish identification requirements in its annual "Hurricane Survival Guide". 262 263 264 265 266 267 268 269 270 271 272 273 C. Response Once County and affected municipalities have decided to allow reentry, the County EOC will activate its Reentry Plan in addition to its Road Monitoring Procedures. Law enforcement will set up roadblocks and checkpoints at critical locations and notify the STORM Team to manage traffic on regional evacuation routes, as needed. County officials will also decide if the use of curfews will be necessary based on the level of damage and the potential for looting. Finally, the County will notify the media when reentry has begun and inform residents and businesses about access points. The response phase of this Plan is divided into two levels of priority in order to limit access to essential personnel and to control the number of people entering disaster areas. Florida Atlantic University/Florida International University Joint Center for Environmental and Urban Problems 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 29O 291 292 293 FINAL DRAFT 07/20/00 Level I Access This level allows for the reentry of agencies and groups that play key roles in restoring normal operations in the County after a disaster. They include the following: 1. Search and Rescue Agents: These are agents from County and municipal fire- rescue departments. 2. Infrastructure and Utilities Repair Personnel: These agencies must be allowed in immediately to ensure that essential services such as water, light, and communications are restored and infrastructure is intact. Also included in this group are municipal utilities and public works personnel. 3. Official Damage Assessment Teams: These may include FEMA, state, and local officials. 4. Other personnel as approved by County EOC or applicable municipal EOC. PROCEDURES > Reentry Plan is activated. Identification of Level I priority groups is verified at established checkpoints. > Law enforcement officers monitor entry into devastated areas and provide the EOC with information on road conditions and status of impacted areas as well as information about roadblocks and detours. 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 Level II Access This level allows for the reentry of other critical groups as well as residents and businesses. The entry of these groups is based on the determination of the EOC and public safety personnel. They include the following: 1. Relief Workers: These groups will be needed to provide food and other supplies for people in impacted areas who did notevacuate. 2. Healthcare Agencies: These include hospitals, nursing homes, assisted living facilities, and dialysis centers. 3. Insurance Agents. 4. Residents and business operators. County and municipal officials will make the decision to permit residents and businesses operators to return to impacted areas based on an overall evaluation of the situation. Residents and business operators will be allowed to reenter their communities when the governing jurisdictions, in consultation with the County EOC, agree that the following factors are resolved: i. Access: When major routes are intact and passable. ii. Public Health: When there is no threat to public safety. Florida Atlantic University/Florida International University Joint Center for Environmental and Urban Problems 311 312 313 314 315 316 317 318 319 320 321 322 323 FINAL DRAFT 07/20/00 iii. Rescue: When all search and rescue operations have been completed PROCEDURES Entry of Level H priority groups begins. Identification of Level II priority groups is verified at established checkpoints and warnings of risks and dangers within impacted areas are distributed. > Law enforcement officers monitor entry into devastated areas. ~, Anti-looting measures such as curfews are implemented, if necessary. Once evacuees are back in their communities and the reentry process has concluded, law enforcement personnel and relief workers will conduct an assessment &damaged areas for county officials. The County will also notify the State once reentry is completed. Flor/da Atlantic University/Florida International University 9 Joint Center for Environmental and Urban Problems 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 $1 32 $$ 34 FINAL DRAFT 07/20/00 A'UFACHMENT I The pre-scripted media release below will be submitted to Public Information Officers (PIOs). The information enclosed in the media release will be broadcast upon activation of the Reentry Plan. Media Release for Permission to Re-enter Evacuated Zones "Hurricane has badly damaged the areas of , , and in Palm Beach County. Special arrangements are now being made to allow residents and property/business owners to temporarily reenter these areas as soon as possible. Until state and local officials determine that residents and property/business owners can safely return to these areas, all individuals are to stay away and not attempt to reenter these areas. Police officers and guards are on duty and entry for any person will be prohibited. Any change in this situation will be announced as soon as possible." "State and local officials have determined that it is now safe for residents and property/business owners to reenter the areas , and in Palm Beach of , County. People, other than residents and property/business owners, should stay away. Residents must provide proof of residence and property/business owners must provide proof of property/business ownership. Acceptable identification includes driver's licenses and utility bills, mortgage deeds, property tax documents, or car registrations, if applicable. Police officers will be present at established checkpoints to verify reentry documents. Residents and property/business owners should travel on Interstate 95 or the Ronald Reagan Turnpike to return to these areas. Other members of the public are encouraged to avoid use of these highways until to allow evacuees to return to their homes." 10 Florida Atlantic University/Florida International University Joint Center for Environmental and Urban Problems DRAFT ATTACHMENT II The following notice is only a guide. The County recommends that municipalities prepare a similar notice and have their law enforcement officers distribute them at established checkpoints to their residents who are reentering disaster-impacted areas. Notice To People Reenterin.q Disaster-Impacted Areas This area has been severely impacted. Returning residents are warned that there are damaged infrastructure and buildings as well as debris-strewn roadways and sidewalks. Please exercise caution since other hazards and risks may not be open and obvious. · AVOID STANDING WATER which may have downed power lines and snakes. · BOIL DRINKING WATER which may be contaminated. Roadblocks and curfews are in place for your safety and protection. Please heed all warnings! Florida Atlantic University/Florida International University 1 1 Joint Center for Environmental and Urban Problems FINAL DRAFT 07~20~00 _ROAD MONITORING PROCEDURES_2 Table of Contents EXECUTIVE SUMlVlARY ........................... INTRODUCTION A. Scope ................................................................................. AUTHORITIES ................................................................. SITUATIONS 2 stet Conditions ................................................................................. A. Disa .3 B. mn Assumptions .......................................................................... Plan g ~-- ,---qementin~ Road Monitoring Procedures ...................... 3 CircumstancesI01 tillF u .3 TECHNICAL RESOURCES .................................... HUMAN RESOURCES ................. CHART ................. 6 ~IC MONITOKE'qG ORGANIZATIONAL FLOW RESPONSIBILITIES t 7 m Beach Count Division of Emergency Managemen ............................. Pal Y .......... 7 lm Beach County Sheriff's Off.tee .............................................. Pa 7 nda Hiehway Patrol ........................................................................... Flo ' .. nt ... 7 Palm Beach County Engineering and Pubhc Works Departme ............... D. E. F. 8 Municipal Law Enforcement Agencies ............................................... 8 Department of Public Affairs .............................................................. PT OF OPERATIONS VIII. CONCE ..................... 8 neral ..................................................... A Ge ................... ...8 Activation Phase ......................................................................... B. Pre- ' ..... 9 C. implementation of Road Monitoring Proceaures .................................. ATTACHMENT I .................................................................................................. 11 45 47 48 FINAL DRAFT 07/20/00 Palm Beach County, Florida ROAD MONITORING PROCEDURES 2000 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 INTRODUCTION A. Purpose The goal of this plan is to develop procedures to assist response agencies, during a regional evacuation, in reporting traffic information, disseminating information to evacuees, and optimizing traffic flow along regional evacuation routes in the County. Under the direction of the Executive Policy Group at the County Emergency Operations Center (EOC), the Palm Beach County Sheriff's Office, via ESF 16, will partner with the Palm Beach County Engineering and Public Works Department (ESF 3), and other parties (Florida Highway Patrol, Florida Power and Light, Florida Department of Transportation, and municipal police departments) to implement these procedures in the most efficient way possible. B. Scope This plan provides road monitoring procedures for regional evacuation routes in Palm Beach County during regional evacuation and re-entry and is not intended to conflict with procedures in neighboring counties. These procedures include information on traffic flow, near real time traffic monitoring, and real time strategic traffic decisionmaking. The information will be used to improve the timing of evacuation, to indicate when to activate the Refuges of Last Resort Plan, and to facilitate a smooth re-entry. In addition, the plan identifies the technical resources available to response agencies within the County. AUTHORITIES The authorities that guide this plan and its operating procedures are: 1. Chapter 252, Florida Statutes, Emergency Management. 2. Chapter 23, Florida Statutes, Part I, Mutual Aid Act. 74 75 76 77 78 79 SITUATIONS A. Disaster Conditions This plan applies to any natural, technological, or manmade disaster that threatens Palm Beach County causing large numbers of people to evacuate and subsequently re-enter the County. These movements on regional evacuation routes must be monitored by specially assigned response personnel. 2 Florida Atlantic University/Florida International University Joint Center for Environmental and Urban Problems FINAL DRAFT 07/20/00 80 B. Planning Assumptions 81 1. The Statewide Mutual Aid Asreement among County, municipal, and 82 state law enforcement officers will take effect when plan is activated. 83 2. The number of law enforcement personnel within the County allocated for 84 traffic control during an emergency will be assigned on an operational 85 basis. 86 3. Road conditions (e.g. debris, downed power lines, disabled vehicles) and 87 the volume of traffic on the roadways during a regional evacuatton w~l 88 interfere with law enforcement officers' ability to respond and manage 89 traffic. 90 4. Law enforcement officers will follow the procedures laid out in this Plan 91 in addition to procedures in their agency's "Emergency Response Plans". 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 C. Circumstances for Implementing Road Monitoring Procedures The County EOC will implement its Road Monitoring Procedures following an order for evacuation that will affect regional evacuation routes in the County and immediately following a disaster to assist with reentry. IV. TECHNICAL RESOURCES A wide variety of technical resources is needed to effectively monitor evacuation routes and guide traffic. Listed below, are the resources that will be used for managing traffic in Palm Beach County during a regional evacuation. 1. Variable Message Boards: Variable Message Boards (VMBs) are electronic devices that provide motorists with information on traffic and delays. During the pre and post-emergency phases, they may be used to provide evacuees with information on traffic and road conditions as well as shelter locations. VMBs may also be used during reentry. 2. Traffic Box Access: This access allows control buttons to be plugged into traffic signal boxes to generate flashing yellow and flashing red lights at critical intersections to help manage traffic. 3. Radios: Two-way radios will be used for communication between law ;nforcement personnel and for reporting traffic information to the County EOC. 4. Low Power AM Radio Transmitters: Mobile 10 watt, solar-powered radio systems with a 5-10 mile radius will also be used during evacuations and in impacted areas after a disaster to inform the public. 5. ~: Barricades will be used as roadblocks during re-entry. 6. Field Report Data.: Field report data that contain information on the status of traffic on individual roads. 3 Florida Atlantic University/Florida International Univcrsi~' Joint Center for Environmental and Urban Problems FINAL DRAFT 07/20/00 117 7. Directional signs.: Permanent directional (flip-down) signs will be used °n 118 regional evacuation routes and within the County to direct evacuees to 119 shelters. 120 8. Other: This includes any other resources such as cones and flares that may support the implementation of these procedures. 122 123 124 125 126 127 128 129 130 131 13,2 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 HUMAN RESOURCES (STORM) The Special Team for Optimal Road Management (STORM) is a group of law enforcement officers who are experienced in traffic management procedures. STORM members will have traffic control and traffic direction experience on a tactical level. STORM will deploy countywide and will be under countywide centralized control since 1) strategic decisions affecting traffic flows are made and implemented on a countywide basis; 2) traffic related tasks are prioritized on a countywide basis where resources are applied to locales with the greatest need; and 3) the information gathered by STORM will be directed to decision-makers at the County EOC to address traffic related concerns within the County. STORM will operate on three levels (see Traffic Monitoring Organizational Chart below); Level I: Team Leader The STORM Team Leader will be stationed at the County EOC (a part of ESF 16: Law Enforcement and Security) and will serve as a conduit for information from other STORM team members. This individual will consult with ESF 3 and the Branch Chief/Executive Policy Group on STORM Team capabilities and participate in the strategic d¢cisionmaking process. After decisions are made, he/she will communicate the plan to STORM Team Field Supervisors for implementation. Level II: Team Field Supervisors At least two Field Supervisors will ensure that the Road Monitoring Procedures are executed. They will have the authority to make operational decisions to facilitate the achievement of the goals stated in the strategic plan, for example, the apportionment of manpower and other resources as necessary. The Field Supervisors are also responsible for collecting information, organizing it, and transmitting it up the line to the decision-makers at the County EOC. Level III: Team Members These are the individuals with traffic related experience who will execute the strategic plan developed and relayed to them by the Field Supervisors. Team members will be in one of two groups: 1. Those available for "Observation Locations." Their main assignment includes traffic monitoring and reporting, although their assignment may change after the disaster. 2. Those available for response. Initially, these members will be staged along regional evacuation routes, but will be allocated at the discretion of the 4 Florida Atlantic UniversityFFlorida International University. Joint Center for Environmental and Urban Problems 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 FINAL DRAFT 07/20/00 decision-makers. Their assignments will include information gathering as requested by decision-makers; traffic control (manually or with pickle); deployment of traffic control hardware (cones, flares, police cars, etc.); and other assignments as deemed necessary by decision-makers. The Palm Beach County Engineering and Public Works Department, ESF 3, will provide the following information to assist the STORM team in executing its assignments: 1. Written guidelines for rating road usage, for example, light, medium, and heavy. These guidelines will be written in layman's language for use by STORM Team members for reporting traffic information to the County EOC. 2. Specific number and locations for pre-emergency (evacuation) road monitoring along regional evacuation routes. See Attachment I for a list of these locations. 3. A prioritized list of roadways for inspection and reporting post event conditions. 4. A rating system for characterizing post-event roadway conditions for reporting up the chain. This system will play a critical role during re-entry. Ratings would include characteristics such as "fully operational", "passable but degraded", and "impassable". 178 Florida Atlantic University/Florida International Universi .ty Joint Center for Environmental and Urban Problems 5 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 FINAL DRAFT 07/20/00 TRAFFIC MONITORING ORGANIZATIONAL CHART Decision Makers STORM Team Leader - Department of Engineering - Other EOC Assets · Make Strategic Decisions Process - Disseminate New Incoming Information Assess Effectiveness of Strategy Storm Team Leader Lt. or Acting Lt. with strong h-affic background. Team Lender will be a part of ESF 16, but not the assi~ed ESF 16 liaison. Strategic Plan - Request for Information I Real Time Information - Requests Storm Team Field Supervisors Make Operational Decisions Collect, Filter, Organize and Relay Current Information Assess Plan Effectiveness Make Assignments for Plan of Action Sgt. or Acting Sgt. with strong traffic background. Has responsibility of deciding on best way to implement strategic plan. ISpecific Plan of Action - Manpower Assignment - Request for Information _ Storm Team Members Gather and Report Information Execute Assignment toward Plan of Action Report on Effectiveness Other Assignments Real Time Information- Requests STORM Team Members Law enforcement officers with strong traffic background, including Traffic Homicide Investigators, Accident Investigators, Community Service Aides, Mot~rcycl~ ed Enforcement Units and DUI Umts ass~g~t from the various districts. 6 Florida Atlantic University/Florida International University Joint Center for Environmental and Urban Problems FINAL DRAFT 07/20/00 22'1 'VI. RESPONSIBILITIES 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 A. Palm Beach County Division of Emergency Management The role and responsibilities of the Palm Beach County Division of Emergency Management are to: · Activate the Road Monitoring Procedures. · Communicate with the State EOC, municipalities, and other county EOCs on traffic conditions, based on information received from the STORM Team and the Florida Highway Patrol. · Coordinate all other agencies. · Deactivate the Road Monitoring Procedures. B. Palm Beach County Sheriffs Office - ESF 16 The role and responsibilities of the Palm Beach County Sheriff's Office are to: · Staffthe "Observation Locations" proposed by the Palm Beach County Traffic Engineering Department, as part of its STORM Team responsibilities. · Monitor other County roads not monitored by STORM. · Direct traffic at major intersections, if required. · Appoint a STORM Team Leader to be stationed at the EOC whenever the Plan is activated. C. Florida Highway Patrol The role and responsibilities of the Florida Highway Patrol are to: · Monitor traffic conditions on Interstate 95 and the Ronald Reagan Turnpike and report to the County EOC. · Take care of any incidents that occur on the regional evacuation routes. D. Palm Beach County Engineering and Public Works Department-ESF 3 The role and responsibilities of the Palm Beach County Engineering and Public Works Department are to: · Identify "Observation Locations" along regional evacuation routes to be staffed by STORM Team. · Identify critical intersections, roadways, or key areas for future traffic monitoring, if requested by the Palm Beach County Division of Emergency Management. · Provide written guidelines for rating road usage for use by STORM Team members for reporting traffic information to the County EOC. · Provide a prioritized list of roadways for inspection and reporting post- event conditions. · Provide a rating system for characterizing post-event roadway conditions for reporting to the County EOC during re-entry. Ratings would include characteristics such as "fully operational", "passable but degraded", and "impassable". · Transport technical resources such as Variable Message Boards. Florida Atlantic University/Florida International University 7 Joint Center for Environmental and Urban Problems FINAL DRAFT 07/20/00 262 E. Municipal Law Enforcement Agencies 263 The role and responsibilities of municipal law enforcement officers are to: 264 . Monitor road conditions in their jurisdictions and report to the County 265 EOC. 266 · Execute other law enforcement responsibilities for their jurisdictions. 267 F. Department of Public Affairs - ESF 14 268 The role and responsibilities of the Department of Public Affairs are to: 269 · Keep the public informed of road conditions on county roads and regional 270 evacuation routes during evacuation and reentry. 271 · Provide the public with information on alternate routes when there is 272 gridlock on major evacuation routes. 273 VII. CONCEPT OF OPERATIONS 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 A. General The Director of the Division of Emergency Management will notify the STORM Team leader (ESF 16) and the Palm Beach County Engineering and Public Works Department, ESF 3, to begin preparations for implementing road monitoring procedures when: 1) mandatory evacuations have been ordered and 2) the re-entry of civilians is deemed safe. The STORM Team leader will notify the STORM Team Field Supervisors to begin activation. The EOC will contact the State EOC to report the status of road conditions, traffic counts, and rate of evacuation (traffic flow) based on the criteria developed by the Palm Beach County Engineering and Public Works Department, ESF 3. The Public Information Officer (PIO), via ESF 14, in collaboration with STORM and the County EOC, will work to keep the general public informed of road and traffic conditions. Law enforcement officers assigned to this task will remain in contact with the EOC until evacuation and re-entry procedures are completed. B. Pre-Activation Phase Before law enforcement officers are called upon to begin implementing road monitoring procedures, the County EOC must ensure that vital resources such as radios and message boards are available and in working condition. Contracts with wrecker services must be reviewed and wreckers should be available for towing disabled vehicles that can cause serious traffic jams during evacuation and re- entry. In addition, ESF 3, in conjunction with ESF 16, will document road conditions that can affect evacuation and subsequent re-entry as well as law enforcement officers' ability to monitor and manage traffic, for example, road constructions on major arterial roadways and regional evacuation/re-entry routes, roadblocks and detours, and obstacles such as debris and downed power lines. In such cases, the County EOC will work with the County Engineering and Public Works Department to identify alternate routes and clear the obstruction. Finally, the County EOC will monitor the Florida Department of Transportation traffic counter web-site for additional traffic information. 8 Florida Atlantic University/Florida International University. Joint Center for Environmental and Urban Problems FINAL DRAFT 07/20/00 303 STORM Team members will also be selected during this phase, based on their 304 experience with traffic control and traffic related assignments. A more concise, 305 written plan detailing the team's organizational structure, reporting procedures, 306 and task descriptions will be disseminated to all team members. The written plan 307 (a collaborative PBSO/Engineering Department effort) will be sufficiently 308 comprehensive to supply all the information necessary for team members to 309 respond directly to their assigned posts without briefing. 310 311 312 313 314 C. Implementation of Road Monitoring Procedures At a time when the threat is deemed real, the Director of the Emergency Management Division will activate this Plan. The STORM Team will implement the following procedures along regional evacuation routes during regular evacuation. 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 PRE-EVENT PROCEDURES Monitor and report traffic volumes to the STORM Team leader, ESF 16. Members of the team will be assigned to predetermined critical locations along these routes (see Attachment I). Act as first responders to incidents along these routes that may impede traffic flow. Again, this information will be relayed to ESF 16 for assimilation by decision-makers. · Facilitate modifications as directed by the decisionmaking team at the EOC. Team members will be available to facilitate long-term or short- term changes in the traffic management plan. For example, they could detour traffic around a section of the Interstate or Ronald Reagan Turnpike that has been closed. In addition, team members could respond to expedite traffic flow on secondary streets in the area of the detour. o Respond to incidents outside regional evacuation routes. These are the STORM Team members from the second category (see Level III: Team members). They will respond expeditiously to resolve traffic problems as directed. · Aid in the deployment of special resources such as message boards, Iow power radio stations, cones, flares, and other resources as may be necessary. · Direct non-member responses when there is a shortage of manpower. Team members will be available to direct, train, or establish the traffic control efforts of non-specialized deputies. · Address other traffic-oriented concerns as directed by the decision-makers at the EOC. Note: In the case of a hurricane, the responsibilities of the STORM Team will cease when wind conditions reach a sustained 45 mph. At that time members will 9 Florida Atlantic University/Florida International University. Joint Center for Environmental and Urban Problems FINAL DI~FT 07/20/00 seek shelter. Sheltering locations will be selected with post-emergency assignments in mind. 344 345 346 347 348 349 35O 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 37O 371 372 373 374 375 POST-EVENT PROCEDURES These procedures relate to traffic monitoring after an event or during re-entry. Decision-makers at the County EOC will need information about roadways in order to determine when it is safe to permit re-entry. As a result, STORM will need to carry out the following procedures to facilitate this process: · Assess post-emergency roadway conditions. Team members will identify road closure issues on ail county roadways and relay this information to ESF 16 and ESF 3 through the team supervisor. Decision-makers will use this information for strategic planning and for release to the public. Road assessment priorities will be directed by decision-makers at the County EOC. · Identify and rate road hazards and relay the information, via team chain of command, to EOC for ailocation of appropriate resources. · Respond to incidents outside regional evacuation routes. These are the STORM Team members from the second category (see Level III: Team members). They will respond expeditiously to resolve traffic problems as directed by decision-makers at EOC. Aid in the deployment of special resources such as message boards, low power radio stations, and other details as may be necessary. · Direct non-member responses when there is a shortage of manpower. Team members will be available to direct, train, or establish the traffic control efforts of non-speciaiized deputies. · Team members will be available to address other traffic-oriented concerns as directed by decision-makers at the County EOC. This plan will be deactivated when decision-makers at the County EOC deems it necessary. Florida Atlantic University/Florida International University. Joint Center for Environmental and Urban Problems FINAL DRAFT 07/20/00 375 376 377 378 379 380 381 382 Attachment I The matrix below indicates Observation Locations along the Ronald Reagan Turnpike and Interstate 95, as identified by the Palm Beach County Traffic Engineering Department. It also includes the type of resource, human and technical, that will be utilized. Proposed Observation Locations REGIONAL LOCATIONS RESOURCES PROCEDURES EVACUATION ROUTES FLOI~IDA TURNPIKE Olad~ Road & Florida One ( 1 ) STORM For evacuation and'or re-entry Turnpike Team member procedures, see" A~vation of Road Monitoring Procedures" and "post-Event Boynton Beach Blvd. One ( 1 ) STOILM (Relocation)". & Florida Turnpike Team member Okeechobee Blvd. & One ( ! ) STOILM 11 Florida Atlantic University/Florida International University. Joint Center for Environmental and Urban Problems FINAL DRAFT 7~20~00 HOST SHELTER PLAN FOR NON-RADIOLOGICAL EVENTS2 Table of Contents · 1 I. EXECUTIVE SUMMARY .................... H. INTRODUCTION 2 A. Purpose ..................................................................................... B. Scope .................................................................................. 2 ~I. AUTltORITIES .............................................................. IV. SITUATIONS 2 A. Disaster Conditions ........................................................................ B. Planning Assumptions ............................................................. 2 V. CAPABI[LITIES OF USING COUNTY HOST SHELTERS A. Criteria for Host Shelters ............................................................................... 3 B. Staffing Host Shelters ............................................................................ 3 C. Services Provided at Host Shelters ................................................................. 4 VI. STRATEGIES FOR USE OF FACILITIES ....................... 4 VII. IDENTIFICATION OF FUTURE FACILITIES .................................... 5 VIII. STATE REIMBURSEMENT PROCEDURE ................................ 5 IX. RESPONSIBILITIES ... 5 A. Palm Beach County Division of Emergency Management .......................... B. American Red Cross ...................................................................................... 6 C. Palm Beach County Sheriff's Office .............................................................. 6 D. Municipal Law Enforcement Agencies ................................. 6 E. Palm Beach County Fire-Rescue Department .................................. 6 F. Municipal Fire-Rescue Departments ................................................ 6 G. Palm Beach County Engineering and Public Works Department .. 6 H. Public Information Department ........................................................... 7 I. Palm Beach County Convention and Visitors' Bureau ................................... 7 X. CONCEPT OF OPERATIONS 7 A. General ................................................................................................ 7 B. Pre-Activation Phase ..................................................................................... C. Kesponse ...................................................................... 8 D. Post-Disaster Phase ............................................................................. ATTACHMENT I .................................................. ~ ............................................... '10 ATTACHMENT II ......................................................................... 12 1 2 $ FINAL DRAFT 07/20/00 HOST SHELTER PLAN FOR NON-RADIOLOGICAL EVENTS Executive Summary 4 Introduction 5 The Host Shelter Plan serves as a guide Palm Beach County on opening and operating host shelters for risk county evacuations. This Plan takes effect at a time when Palm 7 Beach County itself is not under an emergency order. This may occur for any non- 5 radiological disaster upon the recommendation of the Governor of the State of Florida 9 However, facilities identified in this Plan will not serve as host shelters when the disaster 10 poses a threat to Palm Beach County. 11 Selection of Facilities When this Plan is activated, Palm Beach County will not be under any threat. Therefore, the host shelters selected are facilities, or portions of facilities, whose use will not interfere with normal daily operations within the County. Facilities are identified based 15 on a number of criteria, including capacity, amenities, staff, availability, and security. In 15 addition, host shelter facilities are stratified based on size and purpose. The Palm Beach 17 County Division of Emergency Management will update its host shelter inventory biannually to include newly constructed facilities that meet the criteria for host shelter 19 selection. Attachment I has a list of potential host shelters. 20 Roles and Responsibilities 21 The Host Shelter Plan discusses the operational procedures of the various agencies 22 involved. The American Red Cross will operate the host shelters and register shelter 23 occupants. The Palm Beach County Sheriff's Office will monitor traffic and direct risk 24 county evacuees to host shelters. The Public Information Officer will announce locations 25 of shelters and time they will be opened. Local police departments will monitor traffic in 25 their jurisdictions and report to the County Emergency Operations Center (EOC). The 27 Palm Beach County Convention and Visitors' Bureau will provide the County EOC with 25 information on hotel/motel availabilities. Finally, the Palm Beach County Engineering 29 and Public Works Department's Traffic Engineering Division will ensure that Variable 30 Message Boards (VMBs) are in place at the entrances to the County on Interstate 95 and 31 Ronald Reagan Turnpike to direct risk county evacuees to host shelters. 32 Reimbursement Procedures 33 The Plan also addresses reimbursement procedures of eligible costs for host counties. 34 Palm Beach County should obtain a state mission when implementing its host response 35 activities, or it might not be reimbursed (See Attachment II for a copy of reimbursement 36 packet.) Each department involved in host shelter operations, such as the SherifFs Office 37 and Fire-Rescue departments, is also eligible for reimbursement as pan of the County 38 government. The County will forward expense summaries of eligible costs to the State in 39 a request for reimbursement. 4O Florida Atlantic University/Florida International University. Joint Center for Environmental and Urban Problems 4O 41 42 43 FINAL DRAFT 07/20/00 Palm Beach County, Florida HOST SHELTER PLAN FOR. NON-RADIOLOGICAL EVENTS 2O00 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 INTRODUCTION A. Purpose The goal of this plan is to guide Palm Beach County on opening and operating shelters for risk county evacuations. This would take eff'ect during non-emergency times for Palm Beach County. Special measures will be taken to inform risk county evacuees of host shelter locations, in the event that host facilities are not located close to regional evacuation routes. B. Scope This plan defines: (a) the potential circumstances under which Palm Beach County would be used by the State Emergency Operation Center (EOC) as a host county in support of risk county evacuations; (b) the current capabilities of utilizing host shelter facilities within the County; (c) strategies for maximizing the use of current facilities as host shelters; and (d) the identification of future facilities. It also explains the procedures to be followed during activation of this plan. 6O 61 62 AUTHORITIES The authority that guides this plan and its operating procedures is: 1. Chapter 252, Florida Statutes 63 64 65 66 67 68 69 70 71 72 73 74 75 III. SITUATIONS Disaster Conditions Palm Beach County may be used by the State EOC, upon the recommendation of the Governor, as a host county for any risk county in the state. This situation would occur at a time when Palm Beach County itself is not under an emergency. Host shelters will be provided during any natural disaster that requires massive evacuation of people fi.om the risk counties. Technological hazards will be addressed in the Host Shelter Plan for Radiological Incidents. Planning Assumptions 1. Palm Beach County has the capabilities to support non-radiological evacuation from risk counties. 2. Facilities identified in this Plan will not serve as host shelters when the disaster poses a threat to Palm Beach County. Florida Atlantic University/Florida International University Joillt Center for Environmental and Urban Problems 2 76 77 78 79 80 81 FINAL DRAFT 07/20/00 Because disasters vary ~reatly in intensity and cannot always be predicted, the County will use as many host shelters as necessary and available to accommodate risk county evacuees up to the worst case scenarios (Category 5 for hurricanes). All agencies will have traditional means of communication, since the County will not be directly affected by the disaster. 82 IV. 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 CAPABILITIES OF USING COUNTY HOST SHELTERS This section examines Palm Beach County's capabilities to provide host shelters for risk counties during a large-scale disaster. First, Palm Beach County has numerous facilities to house large numbers of people (see Attachment I). Second, the County has a viable road network. Evacuees to Palm Beach County have various ways of entering without causing serious traffic problems. Unlike some counties with one or two entry points, there are seven (7) points of entry into the County from the Florida Turnpike and twenty-four (24) from Interstate 95. Law enforcement officers will be able to manage traffic and divert evacuees from one entrance to another. Third, the Palm Beach County Sheriff's Office and local police departments have sufficient personnel to assist in traffic management and security during an activation of host response procedures. A. Criteria for Host Shelter Selection There are a number of potential host shelter facilities available in Palm Beach County. Use of these facilities depends on a number of criteria. The criteria used to identify host shelters in Palm Beach County are based on the American Red Cross 3031 guidelines. They include the following: 1. Capacity: The facility should accommodate people based on available space of 20 square feet per person for short-term sheltering. Long-term sheltering should be 40 square feet per person. 2. Amenities: The shelter should have adequate toilet and bathing facilities; adequate supply of drinking water; and facilities for storing, cooking, and/or serving food. 3. Staff: There should be sufficient people to staffall shelter functions such as registration, management of facility, feeding, and caring for evacuees with special needs. 4. Availability: It should be possible to utilize the facility without disrupting the normal day-to-day operations of the County, especially since Palm Beach County will not be under a state of emergency. 5. Protection: The shelter should have adequate fire and police protection. B. Staffing Host Shelters The American Red Cross and its volunteers will be the primary source for staffing host shelters. In the event that the American Red Cross is unable to provide Florida Atlantic University/Florida International Universi~, 3 Joint Center for Environmental and Urban Problems 115 116 117 118 119 120 121 122 123 FINAL DRAFT 07/20/00 adequate shelter personnel, a secondary source for staffing host shelters will be provided through state mutual aid. The number of volunteers needed depends on the number of occupants per shelter (the American Red Cross carries detailed requirements for shelter staffing.) Each host shelter will have, at a minimum, a designated shelter manager, assistant manager, nurse, feeding staff, maintenance staff, law enforcement officers, and EMT/paramedics. Law enforcement officers are to maintain order given the possible conditions of overcrowding and stress. EMT/paramedics will provide care for people with special needs. 124 125 126 127 128 129 130 C. Services Provided at Host Shelters Every shelter must have American Red Cross shelter management coverage on a 24-hour basis. Services to be provided at Host Shelters include full meals and afternoon snacks; individual assistance and counseling; medical services; specified sleeping areas; and recreation services. Services in support of the shelter effort include scheduling of staff, record keeping; purchase, storage, and maintenance of supplies; and enforcement of life safety and sanitation regulations. 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 STRATEGIES FOR USE OF FACILITIES Because Palm Beach County will not be under any threat when this plan is activated, it is important that the host shelters selected are facilities or portions of those facilities whose use will not interfere with normal operations within the County. However, because disasters may be quite intense and unpredictable, the County must provide host shelters for the largest possible scenarios. For such large-scale disasters, facilities whose use may interrupt normal operations within the County are also considered. For example, public schools. However, these facilities will ONLY be used as a last resort because schools may be in session at this time. Therefore, this Plan includes a tier system to maximize the use of the County's current facilities as host shelters. Host shelters in Palm Beach County will be categorized according to the following levels: Primary Host Shelters: Capacity 2,000 + Primary level host shelters are the largest facilities possible that can be used without interfering with normal operations within the County. These facilities may also be used to centralize people from risk counties or for evacuees remaining in Palm Beach County for more than a week. See Attachment I for information about sites. Secondarg Host Shelters: Capacity < 2,000 These shelters include facilities that can house less than churches and/or civic centers. These facilities are not as large as primary shelters but provide additional accommodation. These shelters will be opened gradually as primary host shelters begin to reach capacity. See Attachment I for information about sites. Florida Atlantic University/Florida International University Joint Center for Environmental and Urban Problems 4 FINAL DRAFT 07/20/00 155 Tertia Host Shelters: Facilities within this level will be used as a last resort 156 because their use may interfere with normal operations in the County. These 157 shelters include school cafeterias and gymnasiums and will be opened, only if and 158 when both primary and secondary level host shelters reach capacity. See 159 Attachment I for information about sites that are under consideration. 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 IDENTIFICATION OF FUTURE FACILITIES Palm Beach County EOC will identify facilities for future use as host shelters. One reason for this is to ensure that the needs of risk counties throughout the state continue to be met with as little inconvenience as possible to residents of Palm Beach County. For example, if the populations in risk counties increase in number, Palm Beach County will need to identify more facilities to accommodate this growth. The Palm Beach County Division of Emergency Management will update its host shelter inventory biannually to include newly constructed facilities such as theatres and other large public venues that meet the criteria for host shelter selection. STATE REIMBURSEMENT PROCEDURE Once the County Emergency Operations Center, upon the recommendation of the Governor, activates the Host Shelter Plan, reimbursement procedures may tak.e effect. Nonetheless, the County should obtain a state mission when implementing its host response activities. See Attachment II for a copy of reimbursement packet. Under the Federal Emergency Management Agency (FEMA) Public Assistance Program - Category B, extra-ordinary emergency work costs incurred by the County may be eligible for reimbursement when it is provided as an emergency protective measure. For example, host sheltering. Each department involved in host shelter operations, such as the Sheriff's Office and Fire-Rescue departments, is also eligible for reimbursement as part of the County government. The County will forward expense summaries of eligible costs to the State in a request for reimbursement. Note: State funding of hosting costs are contingent on specific legislative authority for each disaster. FEMA funding to the State for costs incurred in non- declared counties may also vary by disaster. 188 189 190 191 192 193 194 VIII. RESPONSIBILITIES A. Palm Beach County Division of Emergency Management The role and responsibilities of the Palm Beach County Division of Emergency Management are to: ,~ Activate the Host Shelter Plan. · Communicate with risk counties, other host counties, and the State EOC. · Coordinate all other agencies. · Deactivate Host Shelter Plan. Florida Atlantic University/Florida International Universitx' 5 Joint Center for Environmental and Urban Problems 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 FINAL DRAFT 07/20/00 · Submit reimbursement claims to the State, on behalf of the various agencies. · Update the host shelter inventory biannually to include newly constructed facilities. B. American Red Cross - ESF 6 The role and responsibilities of the American Red Cross are to: · Ensure that staff.is available for operating host shelters. · Operate host shelters. This includes staffing host shelters, feeding and counseling risk-county evacuees, assigning sleeping areas, and storing and maintaining supplies. · Ensure that evacuees at host shelters are properly registered. · Inform the County EOC when host shelters reach capacity and about conditions at shelters. · Ensure that EMT/paramedics are available for medical needs at host shelters. C. Palm Beach County Sheriff's Office - ESF 16 The role and responsibilities of the Palm Beach County Sheriff's Office are to: · Monitor road conditions and report to the County EOC on traffic flows and counts. · Direct risk-county evacuees to host shelters. · Provide security at host shelters. D. Municipal Law Enforcement Agencies - ESF 16 The role and responsibility of municipal law enforcement are to: · Monitor road conditions in their jurisdictions and report to the County EOC. · Maintain order in host shelters located in their jurisdictions. E. Palm Beach County Fire-Rescue Department - ESF 4 The role and responsibility of the Palm Beach County Fire-Rescue Department is to: · Provide EMT/paramedic care for Host Shelter evacuees with special needs in unincorporated Palm Beach County. F. Municipal Fire-Rescue Departments - ESF 4 The role and responsibility of municipal fire-rescue departments is to: Provide EMT/paramedic care for Host Shelter evacuees with special needs in their jurisdictions. G. Palm Beach County Engineering and Public Works Department-ESF 3 The role and responsibilities of the Palm Beach County Engineering and Public Works Department are to: Florida Atlantic Universi ,ty/Florida International University 6 Joint Center for Environmental and Urban Problems FINAL DRAFT 07~20~00 233 * Ensure that Variable Message Boards (VMBs) are in place at the entrances 234 to the County on Interstate 95 and Ronald Reagan Turnpike to direct risk 235 county evacuees to host shelters. 236 * Handle other traffic control issues as requested by the County Division of 237 Emergency Management. 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 H. Department of Public Affairs - ESF 14 The role and responsibilities of the Department of Public Affairs are to: · Ensure that Palm Beach County residents are notified about incoming evacuees. · Activate AIVl radio stations to notify incoming evacuees on where in the County to seek shelter and the time shelters will be opened. I. Palm Beach County Convention and Visitors' Bureau The role and responsibility of the Palm Beach County Convention and Visitors' Bureau is to: · Provide the County EOC with information on hotel/motel availabilities. IX. CONCEPT OF OPERATIONS A. General Palm Beach County's Emergency Management Director, upon the request of the State Emergency Operations Center and in conjunction with the Governor's Executive Order, will activate the Host Shelter Plan. The County will engage in conference calls with the State Emergency Operations Center, risk counties, and other host counties for briefing on traffic conditions and number of people to expect. Upon receipt of a state mission, the County will coordinate its host response activities such as traffic management, host sheltering, and public information. The County will contact the County Convention and Visitors' Bureau for hotel/motel capacity information; the American Red Cross to prepare to open host shelters; the Palm Beach County Sheriff's Office to implement traff~c management procedures according to the Road Monitoring Procedures Plan and its Emergency Response Plan; and the Public Information Officer for general notification to the public. B. Pre-Activation Phase This is the planning and preparatory phase. The County will first determine which host shelters are available. If shelters are reserved, the events may have to be postponed or rescheduled. If not, the County will advance to the next tier of shelters based on the number of people expected. In addition, the County will decide how many host shelters will be opened based on the information it receives from Emergency Operations Centers within risk counties and from the State. 27O 271 PROCEDURES Before the County activates its Host Shelter Plan it must: 7 Florida Atlantic University/Florida International University. Joint Center for Environmental and Urban Problems 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 FINAL DRAFT 07/20/00 · Contact the administrators/managers of facilities to alert them of possible use of facilities. · Contact the Convention and Visitors' Bureau for information on hotel/motel capacity rates. · Contact American Red Cross to prepare to staffand manage host shelters. This includes setting up communications. · Contact the Sheriff's Office to prepare to manage traffic and assist evacuees from risk counties in locating host shelters. · Contact EMT/paramedics to provide the necessary medical services. · Contact its Public Information Officer (PIO) to announce the location of shelters and the time they will be opened. C. Response The County Emergency Operations Center will engage in a series of conference calls with the State for approval to open its host shelters and with risk counties and other host counties for information on the number of evacuees to expect. Host shelter facilities will be opened on a gradual, case-by-case basis, based on mission tasking by the State EOC. The Sheriff's Office will enlist the services of other law enforcement personnel to help monitor roads according to its Emergency Response Plan and the County's Road Monitoring procedures. This includes notifying the Emergency Operations Center about road conditions such as traffic flow and counts. The Palm Beach County Engineering and Public Works, Division of Traffic Engineering, will deploy VMBs at the entrances to the County on Interstate 95 and Ronald Reagan Turnpike to direct risk county evacuees to host shelters. The following procedures relate to the American Red Cross and operations at host shelters. 298 299 3OO 301 3O2 3O3 304 3O5 3O6 3O7 3O8 3O9 PROCEDURES Host Shelter Plan is activated and an initial notification is made by the County Emergency Operations Center to American Red Cross, the Palm Beach County Sheriff's Office, and other relevant agencies. Host shelters are officially opened. Initially, the American Red Cross will notify the County about shelter capacity every hour (this timeframe may be adjusted as is necessary). As one primary level shelter reaches capacity, another will be opened. When all primary level shelters are full, the County will advise the American Red Cross to advance to the next level. · Staffbegins to implement in-house procedures such as registration of evacuees and assignment of sleeping areas. A Disaster Shelter Florida Atlantic University/Florida International University 8 Joint Center for Environmental and Urban Problems FINAL DR~FT 07/20/00 310 Registration form (Form 5972), or index card, should be completed for 311 each family at the shelter. The following information should be recorded: 312 1. The full names and ages of all family members. 3'13 2. Health problems of all family members. 314 3. Family's pre-disaster address. 315 4. Date of arrival at shelter. 3'16 5. Family's post-disaster address. 317 Note: Signage will be used to assist evacuees in locating host shelters. 318 319 32O 321 322 323 324 325 326 327 328 329 33O 331 332 333 334 335 D. Post-Disaster Phase The County will remain in contact with the State EOC, risk counties, and other host counties for information on conditions in impacted counties. Based on this information, decision-makers at the County EOC will determine when it is appropriate to close host shelters and return to normalcy. The County may be required to host evacuees from risk counties for periods longer than a week since disasters vary in intensity and length of recovery. In such cases, the County will use its largest facilities, which are usually primary level host shelters. Regardless of the length of the recovery, the American Red Cross and its host shelter staff will ensure that the following administrative procedures are accomplished before evacuees return to their counties. The County will need the following information when filing for reimbursement from the State. PROCEDURES Documentation of all evacuees in host shelters. This should be compiled with other information collected during previous registration. · Documentation of supplies used including food and medicine. · DoCUmentation of total hours of service provided bYstaff (time sheets)' 9 Florida Atlantic University/Florida International University Joint Center for Environmental and Urban Problems 1 2 FINAL DRAFT 07/20100 ATTACHMENT II 3 Attached are copies of reimbursement forms from the Federal Emergency Management 4 Agency (FEMA) and the Florida Division of Emergency Management (all forms must be 5 submitted directly to the Florida Division of Emergency Management.) Each group 6 involved in host shelter procedures such as the Sheriff's Office, Fire-Rescue, and the 7 American Red Cross will submit records of all expenses incurred to the Palm Beach 8 County Division of Emergency Management for reimbursement. For copies of the most 9 current reimbursement forms, contact the Florida Division of Emergency Management, 10 Attn: Recovery, (850) 414-7566. 11 Florida Atlantic University/Florida International University 12 Joint Center for Environmental and Urban Problems HOTEL INFORMATION COLLECTION PROCEDURES1 Table of Contents E~TTRODUCTION 1 Purpose ......................................................................... Scope ........................................... ~ ........................................................... AUTHORITIES ........................ SITUATIONS A. Disaster Conditions ................................................................... B. Planning Assumptions ................................................................................... 1 C. Circumstances for Activating Plan ............................................................. 2 PALM BEACH COUNTY CONVENTION & VISITORS' BUREAU .......... 2 VI* RESPONSIBILITIES A. Palm Beach County D~wston of Emergency Management ........................ 2 B. Palm Beach County Convention and Visitors' Bureau ................................... 2 CONCEPT OF OPERATIONS A. General .................................................................. 2 B. pre-Disaster Phase ..................................................................................... C. Response .................................................................... 3 D. Post-Disaster Phase ......................................................................... ATTACHMENT I ..................................................................... 4 ATTACI-IMENT II ............................................................. REVISED DRAFT 11 07/20/00 Palm Beach County, Florida HOTEL INFORMATION COLLECTION PROCEDURES 2000 INTRODUCTION A. Purpose The goal of this plan is to develop hotel information collection procedures that will be used by Palm Beach County Emergency Operations Center (EOC) to access information regarding hotel/motel room availability And hotel/motel occupancy rates before, during, and after a disaster. B. Scope The provisions of this plan are county-wide and are applicable for all types of hazards. The plan includes procedures for accessing hotels/motels for information about vacancies and rates. AUTHORITIES Although there is no binding contract or agreement between the County EOC and the Palm Beach County Convention and Visitors' Bureau (CVB), the CVB is willing and best suited to serve as liaison between the County EOC and the hotel/motel industry because of its role in promoting Palm Beach County as a vacation destination. As part of its role, the CVB has worked with the hotel/motel industry and is capable of transferring information from the industry to the County EOC. Attachment I is a copy of the Information Request Form that the CVB will use to obtain hotel/motel information for the County EOC. SITUATIONS A. Disaster Conditions This plan applies to any natural, technological, or manmade disaster that brings a large number of evacuees imo Palm Beach County in search of hotel/motel accommodations. B. Planning Assumptions I. Not every evacuee entering Palm Beach County will want to stay at public shelters and, therefore, will need information for securing hotel/motel accommodations for themselves and their families. 2. Following a large-scale disaster, the County EOC may need to assist out-of- town relief workers with finding hotel/motel accommodations. REVISED DRAFT II ' 07/20/00 C. Circumstances for Activating Plan The County's Emergency Management Director will contact the CVB to begin implementing hotel information procedures when mandatory evacuation has been ordered for Palm Beach County and its neighboring counties. IV. PALM BEACH COUNTY CONVENTION & VISITORS' BUREAU (CVB) The CVB will be the primary agency responsible for implementing the procedures stated in this Plan, since it is the official tourism marketing agency for Palm Beach County. The Public Relations Department, one of the CVB's five departments, will appoint a Crisis Coordinator as its primary contact for all emergency management matters with the County Emergency Management Division. The CVB has a total membership of 136 hotels/motels. See Attachment II for a list of these hotels/motels. RESPONSIBILITIES A. Palm Beach County Division of Emergency Management The role and responsibilities of the Palm Beach County Division of Emergency Management are to: · Activate the Hotel Information Collection Procedures. · Contact the CVB for up-to-date information on hotel/motel availability. · Provide information on hotel/motel availability to the State EOC. · Coordinate with the CVB to inform people, who are in search of hotels/motels, about hotel/motel availabilities, costs, and locations. · Deactivate the Plan. B. Palm Beach County Convention and Visitors' Bureau The role and responsibilities of the Palm Beach County Convention and Visitors' Bureau are to: · Contact hotels/motels upon activation of the Plan · Fax Information Request forms to member hotels/motels. (Note: For hotels/motels without a fax, the information will be obtained via telephone.) · Document and submit to the County EOC information on hotel/motel availability before, during, and after the disaster. · Update its hotel accommodations database quarterly and submit it to the County EOC. VI, CONCEPT OF OPERATIONS A. General The Director of the Division of Emergency Management will notify the Crisis Coordinator at the Palm Beach County CVB once mandatory evacuation begins. The CVB will supply the County with information regarding hotel room 2 REVISED DRAFT II 07/20/00 availability, capacity, and rates. The County, in turn, will forward the information to the State EOC and other risk counties. B. Pre-Disaster Phase The period before the hotel procedures are activated is one of planning and preparation. Prior to the implementation of these procedures, the County EOC will alert the CVB to ensure that it is ready to forward information as needed to the County EOC. The CVB's Crisis Coordinator, or other designee, will ensure that the following tasks have been accomplished during this phase: PRE-ACTIVATION PROCEDURES 1. The CVB's list of member hotels/motels includes the most current contact numbers. 2. The CVB Crisis Coordinator has alerted member hotels/motels. 3. The CVB Crisis Coordinator has provided member hotels/motels with the appropriate "information request forms." 4. The CVB Crisis Coordinator has documented the total hotel/motel vacancies. 5. The CVB Crisis Coordinator is familiar with all hotel information collection procedures. C. Response The hotel information procedures will be implemented upon the determination of the County's Emergency Management Director. The County EOC will contact the C VB's Crisis Coordinator every hour following activation of this plan for information on hotel capacity, availability, and rates. The CVB will relay the information to the County EOC, either by fax or telephone. PROCEDURES DURING ACTIVATION The CVB will report the following information to the County during this phase: 1. Hotel/motel capacity. 2. Number of available rooms. 3. Number of registered guests at the hotels. 4. Costs per room. 5. Whether pets are permitted. 6. Number of meeting spaces available as a refuge of last resort. D. Post-Disaster Phase The CVB will maintain contact with the County EOC until the Director of the Emergency Management Division deactivates the plan. The CVB will provide the County EOC with post-disaster information such as the total number of refugees at each hotel. In addition, the County EOC will coordinate with the CVB to obtain rooms for relief workers, if necessary 3 REVISED DRAFT II 07/20/00 Attachment I Attached is a copy of the Information Request Form that the Palm Beach County Convention and Visitors' Bureau (CVB) will fax to hotels and motels for information on room availability and occupancy rates. The CVB will forward the information received to the Palm Beach County Division of Emergency Management, via phone, fax, or email. 4 REVISED DRAFT II 07/20/00 EMERGENCY ALERT! To: Emergency Response Coordinators, CVB Accommodations Members. From: Palm Beach County Conventions and Visitors' Bureau. Date: [June 1, 2000]. U~ent - Deliver Immediately THIS IS NOT A TEST. This fax is being sent to all Bureau Accommodations Members at the request of the Palm Beach County Division of Emergency Management. The State Emergency Operations Center ($EOC) has issued a [Hurricane/storm/wildfire] Warning for the following counties in Florida: Ilist counties] Evacuation orders are in effect for 5mlnerable populations in these counties. Emergency managers in these counties have contacted Palm Beach County for assistance in locating hotel accommodation. In response, accommodation members of the Palm Beach County CVB are asked to provide the following information. Please complete the form below and fax it back to the CVB as quickly as possible. Your information will be kept confidential. Accommodation Name: Address: Name of Person Completing Form: Phone: ~ NOON #Available Rooms: __ #Available Rooms: _ #Registered Guests:__ #Registered Guests:__ Does your property accept pets? Yes No. If your Property has meeting space, could it house evacuees? Yes \X4aat is your room rate today? (Give a range). $ Signature: #Available Rooms: #Registered Guests:. No to $_ Date and Time: PLEASE FAX YOUR RESPONSE TO: ENID ATWATER, CVB CRISIS COORDINATOR AT (561) 471-3990. 5 ~;> < r~ no >~ U.Ii,. [ITY OF DELRRY BEI1[H CITY ATTORNEY'S OFFICE DELRA¥ BEACH AII.Amedca City 1993 DATE: TO: FROM: 200 NW 1st AVENUE · DELRAY BEACII, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 September 28, 2000 City Commission _ . _ ~,~ ~.~--~-~ Brian Shutt, Assistant City Attorney SUBJECT: Settlement of Property Damage Claim by Desimon Alexandre This case arises out of an investigation into a homicide by the Delray Beach Police Department. On November 15, 1997 the City received reports of a fatal shooting in the area of S.W. 6th Avenue. It was alleged that the suspects fled in a vehicle which subsequently struck Mr. Alexandre's vehicle. Mr. Alexandre's vehicle was parked in front of his house at the time of the accident. The City towed Mr. Alexandre's vehicle to the police department so crime scene could remove evidence from the car. Unfortunately, after the evidence was gathered from the car, Mr. Alexandre was not notified that he could pick up the car and it was subsequently destroyed. Mr. Alexandre has offered to settle this case with the City for $2,150.00 which includes all other costs or fees. If the Commission accepts this offer, the City Attorney's Office will obtain a complete release form Mr. Alexandre for his claim. Our office recommends acceptance of this offer. By copy of this memo to David Harden, City Manager, our office requests that this matter by placed on the October 3, 2000 City Commission agenda. Please call if you have any questions. CC: David Harden, City Manager Alison Harry, City Clerk MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM t:~.~' . REGULAR I~F.~.TING OF OCTOBER 3, 2000 APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS DATE: SEPTEMBER 27, 2000 The terms for the following persons on the Board of Construction Appeals expired on August 31, 2000: Michael I<2ilbourne Michael Lang Leonard Sheppard James A. Griffis Michael Eisenrod (Air Conditioning) (Master Electrician) (Professional Engineer) (General Contractor) (Real Estate/Insurance) Mr. Kilbourne and Mr. Lang have both served two full consecutive terms and are not eligible for reappoinmaent. Mr. Sheppard and Mr. Eisenrod have each served one complete term, while Mr. Griffis was appointed in March 2000 to fi]l an unexpired term. These three gentlemen are eligible and would like to be considered for reappointment. Attendance records are attached. The term is for two years, ending August 31, 2002. To qualify for appointment, a person shall have actual previous experience in their respective trade or profession deemed sufficient by the Comrmssion. Residency is not required. The appointee does not need to own or operate a business in Delray Beach. The list of applicants by category is attached. A check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made as follows: comrmssionet McCarthy (Seat #4) · Mayor Schmidt (Seat #5) · Comtmssioner Perlman (Seat #1) · commissioner Archer (Seat #2) · Comrmssioner Schwartz (Seat #3) Air conditioning contractor Master electrician Professional engineer General contractor Real estate/insurance Recommend appointment of five members to the Board of Construction Appeals for two year terms ending August 31, 2002. APPLICANTS FOR BOARD OF CONSTRUCTION APPEALS (City Commission Regular Meeting of October 3, 2000) AIR CONDITIONIN~G Chris Ryan MASTER ELECTRICIAN Tim D. Onnen PROFESSIONAL ENGINEER Leonard Sheppard (incumbent) GENERALCONTRACTOR James A. Griffis (incumbent) REAL ESTATE/INSURANCE Michael Eisenrod (incumbent) RefiAgmemo4.Appts. to Board of Construction Appeals TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION D~__~ H~.~CITY MANAGER PAUL DO RLING,~,CTING PLANNING AND Z ON~ , V JEFFREY A. COSTELLO, PRINCIPAL PLANNE~'-~3'w-x"~ MEETING OF OCTOBER 3, 2000 CITY-INITIATED SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM MD (MEDIUM DENSITY RESIDENTIAL 5-t2 DU/AC) TO CF-R (COMMUNITY FACILITIES - RECREATION) AND REZONING FROM RM (MEDIUM DENSITY RESIDENTIAL) TO CF (COMMUNITY FACILITIES) ASSOCIATED WITH TH~- ESTABLISHMENT OF A CITY-OPERATED SWIM AND TENNIS CENTER A~ DELRAY RACQUET CLUB. 11 BACKGROUNDIANALYSIS II The subject property is located on the west side of Jaeger Drive, between Dotterel Road and Egret Circle, and contains 5.6 acres. On September 6, 2000, the City purchased the property to accommodate additional City-operated tennis facilities and provide a community center in the south end of the City. The proposed FLUM amendment and rezoning to CF (Community Facilities) is to accommodate the City facility. A full analysis of the FLUM amendment and rezoning is provided in the attached Planning and Zoning Board staff report. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board held a public hearing on this item on September 18, 2000. Three members of the Delray Racquet Club Association spoke in opposition to the request citing concerns with the CF zoning allowing more intense uses than the current RM zoning. The Board voted 5-1 (Bird dissented, Morris absent) to recommend approval of the proposed FLUM amendment from MD to CF-R and rezoning from RM to CF. Mr. Bird felt that Open Space and Recreation (OSR) zoning was more appropriate, however tennis centers are not listed as a permitted use in the OSR zoning district. RECOMMENDED ACTION Approve on first reading the Small Scale FLUM Amendment from MD to CF-R and rezoning from RM to CF for the Delray Swim and Tennis Center, based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Eezoning Actions), and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and set a public hearing date of October 17, 2000. Attachments: ~, Planning and Zoning Board staff report of September 18,2000 ~ Ordinance by Others ORDINANCE NO. 2%00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM MD (MEDIUM DENSITY RESIDENTIAL 5-12 DWF.I J.ING UNITS/ACRE) TO CF-R (COMMUNITY FACILITIES - RECREATION), AND REZONING FROM RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT, FOR A CITY-OWNED PARCEL OF LAND LOCATED ON THE WEST SIDE OF JAEGER DRIVE BETWEEN DOTTEREL ROAD AND EGRET CIRCLE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is designated on the Future Land Use Map (FLUM) in the Comprehensive Plan for the City of Delray Beach, Florida, as MD (Medium Density Residential 5-12 dwelling units/acre); and WHEREAS, the property hereinafter is shown on the Zomng District Map of the City of Dekay Beach, Florida, as being zoned RM (Medium Density Residential) District; and WHEREAS, at its meeting of September 18, 2000, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, reviewed this item at a pubhc hearing and voted 5 to 1 to recommend approval of the small scale FLUM amendment and rezonmg, based upon positive findings; and WHEREAS, it is appropriate that the Furore Land Use Map in the Comprehensive Plan be amended to reflect the revised land use designation, and that the Zoning District Map of the City of Dekay Beach be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Future Land Use Map in the Comprehensive Plan of the City of Delray Beach, Florida, is hereby changed to reflect a land use designation of CF-R (Community Facilities - Recreation), and the Official Zoning Map of the City of Delray Beach, Florida, is hereby changed to reflect a zoning classification of CF (Community Facilities) District for the following described property: LEGAL DESCRIPTION: A portion of Tra~t 1, Lake Ray, according to the Plat thereof, as recorded in Plat Book 29, Page 61, of the Public Records of Palm Beach County, Florida, and a portion of Layer's Dekay Racquet Club Addition, according to the Plat thereof, as recorded in Plat Book 42, at Pages 112 and 113, of the public records of Palm Beach County, Florida, more particularly described as follows: Commence at Southeast comer of Tract 1, Lake Ray, according to the Plat thereof, as recorded in Plat Book 29 at Page 61, of the Public Records of Palm Beach County, Florida, said point being on the East line of said Tract 1 and being the point of tangency of a curve in the Southeast comer of said Tract 1, thence N 02° 49'35" W tangent to said curve along the East line of said Tract 1, for a distance of 265.05 feet to the point of beginning; thence S 87° 10' 25" W for 104.48 feet; thence N 19° 59' 24"W for 22.30 feet; thence S 70° 00' 36" W for 153.50 feet; thence N 19° 59' 24" W for 5.00 feet; thence S 70° 00' 36" W for 166.20 feet; thence N 19° 59' 24" W for 13.79 feet; thence S 80° 28' 00" W for 21.16 feet; thence N 19° 59' 24" W for 102.87 feet; thence S 70° 00' 36" W for 15.22 feet; thence N 14° 49' 09" W for 139.54 feet; thence N 34° 16' 18" E for 106.18 feet; thence N 74° 25' 51" E for 182.00 feet; thence N 18° 42' 36" E for 87.78 feet; thence N 82° 31' 18" E for 34.49 feet; thence N 02° 49' 35" '9(/for 200.03 feet; thence S 90° 00' 00" E for 13.83 feet; thence N 02° 49' 35" W for 102.35 feet; thence N 87° 10' 25" E for 143.54 feet; thence N 02° 49' 35" W for 87.77 feet to a point on the south right-of-way line of Egret Circle as shown on the Plat of Layer's North according to the Plat thereof, as recorded in Plat Book 43 Pages 92 through 94 of the public records of Palm Beach County, Florida; said point being on a non-tangent curve; said point bearing N 04° 50' 02" E from the radius point of the next described curve; thence easterly along a circularly curve to the fight and concave to the South, having a radius of 200.00 feet and a central angle of 17° 59' 55" for an arc distance of 62.83 feet to a point of reverse curvature; thence easterly along a circularly curve to the left and concave to the north having a radius of 200.00 feet and a central angle of 04° 43' 53" for an arc distance of 16.52 feet to a point of non-tangency; thence departing from said south right-of-way line of Egret Circle and run S 08° 30' 00" W for 35.80 feet; thence S 80° 00' 00" W for 23.37 feet; thence S 09° 59' 50" E for 35.80 feet; thence S 02° 49' 35" E along a line parallel with and 2.00 feet west of as measured at fight angles to the East line of said Tract 1 for a distance of 348.76 feet; thence N 87° 10' 25" E 62.00 feet; thence S 02° 49' 35" E along the east right-of-way line of the abandoned and/or vacated 60.00 foot road right-of-way of Jaeger Drive according to Official Records Book 3077 at Page 1597 of the Public Records of Palm Beach County, Florida for a distance of 104.53 feet to a point on the South line of Parcel "A", Lavers Delray Racquet Club _Addition according to the Plat thereof as recorded in Plat Book 42 at Pages 112 and 113 of the public records of Palm Beach County, Florida; thence N 90° 00' 00" W along the south line of said parcel "fi," for 60.07 feet to a point on the East line of said Tract 1; thence S 02° 49' 35" E along the East line of said Tract 1 for a distance of 223.64 feet to the point of beginning. 2 Ord. No. 27-00 Section 2. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 3. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Official Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a couxt of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Comtmssion, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Admimstrafion Cornn~ssion, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. the PASSED AND ADOPTED in regular session on second and final reading on this __ day of ,2000. ATTEST: MAYOR City Clerk First Reading Second Reading 3 Ord. No. 27-00 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: September 18, 2000 V.A. Future Land Use map Amendment from MD (Medium Density Residential, 5-12 Units per Acre) to CF-R (Community Facilities-Recreation) and Associated Rezoning from RM (Medium Density Residential) to CF (Community Facilities) for the City's Tennis Facility at Laver's Delrey Racquet Club, Located on the West Side of Jaeger Ddve, between Dotterel Road and Egret Circle. __ Owner/Applicant ............. City of Delray Beach David T. Harden, City Manager Location .......................... West side of Jaeger Drive, between Dotterel Road and Egret Circle Property Size .................. 5.6 Acres Current F.L.U.M ............. MD (Medium Density Residential 5-12 du/ac) Proposed F.L.U.M .......... CF-R (Community Facilities- Recreation) Current Zoning ............... RM (Medium Density Residential) Proposed Zoning ............ CF (Community Facilities) Adjacent Zoning....North: East: South: West: Existing Land Use .......... Proposed Land Use ........ SAD (Special Activities District) & RM RM RM RM Vacant clubhouse facility with 14 tennis courts and a swimming pool. Future Land Use Map Amendment and Rezoning to CF designations to accommodate a public tennis facility/club. Existing on-site. Existing on-site. Water Service ................. Sewer Service ................ VoA. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on a city-initiated Small-Scale Future Land Use Map amendment from MD (Medium Density Residential 5-12 du/ac) to CF-R (Community Facilities - Recreation) and rezoning from RM (Medium Density Residential) to CF (Community Facilities) associated with the establishment of the Delray Tennis Club at Delray Racquet Club. The subject property is located on the west side of Jaeger Drive, between Dotterel Road and Egret Circle, and contains 5.6 acres. BACKGROUND/PROJECT DESCRIPTION At its meeting of August 14, 1978, the City Commission approved a Conditional Use and site plan request for Lake Ray Tennis Club for the construction of 325 units in six 5-story buildings and a tennis club with 15 courts. The clubhouse and associated recreational facilities were severed from the condominium owners interest and have been owned and operated over the years by several different entities and utilized for tennis academies. The condominium owners retained access to the recreational facilities through memberships. This condominium development and the condominium development to the east (formerly Laver's Delray Racquet Club Addition) were combined and are now referred to as the Delray Racquet Club. The subject parcel was zoned RM-15 (Multiple Family 15 units per acre) until it was rezoned to RM (Medium Density Residential) with the Citywide Rezoning associated with the adoption of the Land Development Regulations in October 1990. In 1997, the clubhouse and recreational facilities were sold to the Delray Beach International Tennis Resort Academy, Ltd., which operated a tennis academy in conjunction with the clubhouse. Since many of the students were foreign nationals with limited ability to speak English, the tennis academy submitted a conditional use request to establish a private school. On October 6, 1998, the City Commission approved the request, however the school was never established and the site was vacated in 1999. On September 6, 2000, the City purchased the property to accommodate additional City- operated tennis facilities and provide a community center in the south end of the City. The proposed FLUM amendment and rezoning to CF (Community Facilities) is to accommodate the City facility. FUTURE LAND USE MAP AMENDMENT ANALYSIS Florida Statutes 163.3187 - Small Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the P&Z Board Staff Report FLUM Amendment from MD to CF-R and Rezoning from RM to CF for the Delray Tennis Club at the Delay Racquet Club Page 2 frequency of consideration of amendments (twice a year), subject to the following conditions: The amendment does not exceed 10 acres of land; rq The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months; That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre; The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity; and, The property that is the subject of a proposed amendment is not located within an area of critical state concern. The FLUM amendment involves approximately 5.6 acres, thus the total area is less than the 10 acre maximum. This amendment along with other small-scale amendments processed this year, outside the designated areas, will not exceed 60 acres. This property has not previously been considered for a land use amendment nor has the same property owner's properties within 200 feet been granted a land use change, within the last year. The proposed amendment to CF-R (Community Facilities - Recreation) is City initiated. The CF-R land use designation allows for community facilities such as tennis centers. The amendment does not involve a text change to the Comprehensive Plan and it is not located within an area of critical concern. Land Use Analysis: Pursuant to Land Development Regulation Section 3.t.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The current Future Land Use Map designation for the subject property is MD (Medium Density Residential 5-12 du/ac). The requested FLUM designation is CF-R (Community Facilities- Recreation). The proposed zoning designation of CF is consistent with the proposed CF-R Future Land Use Map designation and "tennis centers" are listed as a permitted use in the CF zone district [ref. LDR Section 4.4.21(B)(3)]. P&Z Board Staff Report FLUM Amendment from MD to CF-R and Rezoning from RM to CF for the Delray Tennis Club at the Delay Racquet Club Page 3 Adjacent Future Land Use Map DesiRnations~ Zonin.q DesiRnations & Land Uses: North; North of the subject property, across Egret Circle has a FLUM designation of MD and is zoned SAD (Special Activities District). The property is developed as a multiple family known as Layer's North. South, East and West: The abutting properties to the south, east and west have a FLUM designation of MD and are zoned RM. The properties are developed as the Delray Racquet Club condominium development, and Town and Country Estates condominiums. Allowable Land Uses: Under the proposed CF-R designation, current and future sites for public buildings and single function buildings for community related purposes are allowed. The requested zoning designation of CF (Community Facilities) is consistent with the proposed FLUM designation of CF-R. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were found. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or. when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The FLUM change involves a property currently developed as a clubhouse with a swimming pool and tennis courts, which were once operated as a tennis club and most recently as a tennis school. The property has not been well maintained and has been a blight on the surrounding residences. The facility will help address a demand for additional City-operated tennis facilities, while providing a well managed and maintained facility that will be an enhancement to the surrounding properties. Given City ownership and operation of the facility, it is appropriate to change the FLUM and zoning designation to CF, to accommodate the proposed use. The proposed change will help fulfill Recreation and Open Space Policy A-2.1, which states that the City shall provide additional parks, recreation, and open space facilities through enhancement of existing facilities, major capital improvements and the P&Z Board Staff Report FLUM Amendment from MD to CF-R and Rezoning from RM to CF for the Delray Tennis Club at the Delay Racquet Club Page 4 provision of new services to geographic areas which do not have facilities readily available to them. Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The proposal is consistent with the goals, objectives and policies of the City's Comprehensive Plan. The following are applicable goals, objectives and policies. Future Land Use Element Objective A-I - Property shall be developed or redeveloped, in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical conditions, is complementary to adjacent land uses, and fulfills remaining land use needs. The proposal involves demolition of the existing clubhouse, rehabilitation of the swimming pool, and upgrades to the tennis courts. A temporary office facility will be installed until funding is available to build a new clubhouse. The use of the property will be similar to that which previously existed. There are no physical conditions which would prevent the redevelopment of the property. The property can be redeveloped under the CF zoning in a manner that is complementary to the adjacent residential development as discussed below under Standards for Rezonings. The provision of additional recreation facilities has been identified in the Comprehensive Plan as a remaining land use need (ref. Open Space & Recreation Policy A-2.1). Housinf:l Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. This facility will function basically the same as it was originally intended when it was developed as a tennis club. However, it will be less intense since there will not be an associated restaurant/bar, which existed with the original tennis club. rq Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered with respect to the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. Water and sewer mains exist on-site and no main extensions or upgrades are necessary. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. The provision of the tennis center/club increases the City's level of service standards for parks and recreation facilities. Traffic generated will be of similar levels as the originally approved tennis club and there will be minimal impacts P&Z Board Staff Report FLUM Amendment from MD to CF-R and Rezoning from RM to CF for the Delray Tennis Club at the Delay Racquet Club Page 5 on solid waste facilities. The proposed CF Future Land Use Map designation allows facilities of the same or greater intensity than the existing MD FLUM designation. Technically, the establishment of the CF zone district would open this parcel to development, which could be more intense than uses allowed under the RM zoning. However, this petition is related to maintaining the existing tennis courts and swimming pool, and providing a tennis center. Concurrency findings with respect to future improvements will be made at the time of development review. [] Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. Compatibility is discussed below under the Standards for Rezoning. [] Compliance -- Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a site and development plan. ZONING ANALYSIS REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the Future Land Use Map Analysis section of this report. Compliance with respect to the Land Development Regulations (Standards for Rezoning Actions, and Rezoning findings) are discussed below. Consistency: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)($) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezonin,q Actions): Standard B, C and E are not applicable with respect to this rezoning request. The appliCable performance standards of Section 3.2.2 are as follows: P&Z Board Staff Report FLUM Amendment from MD to CF-R and Rezoning from RM to CF for the Delray Tennis Club at the Delay Racquet Club Page 6 A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lots sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The subject property and surrounding residences are designated as "Stable" on the Neighborhood Categorization Map. The rezoning is being processed to provide a public tennis facility on property that was previously used for similar purposes. The proposed CF zoning designation is consistent with the proposed CF-R Future Land Use Map designation. The CF zoning is more appropriate since the property is owned by the City and the City will operated the proposed facility. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The subject property is bordered by the following zoning designations and existing land uses: on the north, by SAD zoning (a multi-family development known as Laver's North; to the east, west, and south by the RM zoning (Delray Racquet Club condominium development). Compatibility with the surrounding properties is not a concern as the clubhouse facility and tennis courts have co-existed with the neighborhood for many years. The property has not been well maintained for some time and has resulted in a blighted situation. The proposal involves upgrades to the tennis courts, swimming pool and parking areas, and demolition of the existing clubhouse. The proposed upgrades will be an enhancement to the area. Section 2.4.5(D)(5) (Rezonin.cl Findings): Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. P&Z Board Staff Report FLUM Amendment from MD to CF-R and Rezoning from RM to CF for the Delray Tennis Club at the Delay Racquet Club Page 7 The basis for rezoning relates to reason "b". The City has recently purchased the property to provide a tennis center facility. The CF district was created as a special purpose district that is intended to permit uses that serve public or semi-public purposes. Under these circumstances the existing RM zoning is inappropriate. The rezoning of the property will accommodate the tennis center. Further, the requested zoning of CF is of similar intensity as allowed under the proposed CF-R Future Land Use Map designation. Based on the above, the CF zone district is more appropriate fo~ the property based upon a change in circumstances. REVIEW BY OTHERS The rezoning is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). Public Notice: Formal public notice has been provided to property owners within a 500-foot radius of the subject property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations which have requested notice of developments in their areas: Delray Racquet Club Lake Delray Apartments Palms of Delray PROD (Progressive Residents of Delray) Presidents Council Town & Country Estates Tropic Palms Letters of objection or support, if any, will be presented at the P & Z Board meeting. ASSESS MENT AND CONCLUSIONS The Future Land Use Map amendment from MD to CF-R is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The rezoning from RM to CF is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(D)(5) (Rezoning Findings), that there has been a change in circumstances. ALTERNATIVE ACTIONS A. Continue with direction. P&Z Board Staff Report FLUM Amendment from MD to CF-R and Rezoning from RM to CF for the Delray Tennis Club at the Delay Racquet Club Page 8 B, Recommend approval of the Small Scale FLUM Amendment from MD to CF-R and rezoning request from RM (Medium Density Residential) to CF (Community Facilities) for the Delray Tennis Club/Center at Delray Racquet Club, based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D)~5) (Rezoning Findings) of the Land Development Regulations, and policies of the Comprehensive Plan. C. Recommend denial of the FLUM amendment from MD to CF-R and rezoning to CF for Delray Tennis Club/Center at Delray, based on a failure to make positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and Section 2.4.5(D)(5) that the rezoning is not more appropriate for the property based upon a change in circumstances. STAFF RECOMMENDATION Recommend approval of the Small Scale FLUM Amendment from MD to CF-R and rezoning request from RM (Medium Density Residential) to CF (Community Facilities) for the Delray Tennis Club/Center at Delray Racquet Club, based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and policies of the Comprehensive Plan. Attachments: Future Land Use Map Zoning Map Survey \~misrv001\departments\planning & zoning\boards\p&z board\lave~srezoningrm-cf, doc printed 9/14/00 ill Jl I//L /I LEON .,afl~ ~ I I CLUB ~ I LIN TON BOULEVARD= %~ MILLER /~ ~ ~ ~ ~ASEBALL SCHOOL LAVER'S DEk~Y ~CQUET CLUB N ~ 6o.o? ,--T--'~Y,-