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Agenda Reg 02-19-02City of Delray each Tuesday, February 19, 2002 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NW 1st Avenue Delmy Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 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. Public Hearings: Any citizen is entitled to speak on items under this section. 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. 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 ~mpertinent 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. The City will furmsh auxiliary aids and services to afford an individual with a disabtlity an opportumty to participate in and enloy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127 (voice) or 243-7199 CFDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meenngs m the Commission Chambers. 2. 3. 4. 5. o ROLL CALL. INVOCATION. PLEDGE OF ALLEGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: · February 5, 2002 - Regular Meeting · February 12, 2002 - Special Meeting PROCLAMATIONS: · American Legion 83rd Anniversary - March 17, 2002 and March 18, 2002 · Recognizing and commending the Dekay Beach Ocean Rescue Dimsion · Recogrfizmg Macular Degeneration Day - May 1, 2002 · Calling for the First Nonpartisan and Special Election to be held on March 12, 2002. PRESENTATIONS: A. Honoring Boy Scout Troop 340 for donating a rebuilt computer to our Sister City m Moshi, Tanzania. PROCLAMATION - Recognizing and commending Beverly Hosokawa, Katrina Kacandes, and Alice Lee as Friendship Ambassadors B. Resolution No. 22-02 supporting Beach Renourishment C. Resolution No. 23-02 supporting Windstorm Insurance Property Insurance Corporation CONSENT AGENDA: C~ty Manager Recommends Approval. A. Proposal by the Citizens APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN AND Bo SPECIAL ELECTION: Approval of the poll workers for the First Nonparusan and Special Elecuon to be held on March 12, 2002. CONSIDERATION OF A RECOMMENDATION FROM THE EDUCATION BOARD REGARDING THE GIFTED PROGRAM AT BANYAN CREEK ELEMENTARY SCHOOL: Support the Education Board's recommendation to maintain the Banyan Creek Elementary School's Gifted Program as it currently exists. 02-19-2002 Fo G0 H0 RESOLUTION NO. 19-02: Approve Resolution No. 19-02 abandoning a portion of the Dixie Highway right-of-way, directly adjacent to Lots 6, 7, & 8 of the Plat of Delray Beach Estates, approximately 1,320 feet south of Gulf Stream Boulevard. RESOLUTION NO. 20-02/ABANDONMENT OF UTILITY EASEMENT/PLAT OF FAIRACRE: Approve the abandonment of a 5' utility easement w~thm Lot 6, Plat of Fairacre, located west of Swinton Avenue, north of N.W. 11th Street (1107 Periwinkle Lane). RESOLUTION NO. 21-02: Approve Resolution No. 21-02 supporting increased funding for regional planning councils. FINAL SUBDMSION PLAT APPROVAL/PBT PLAT: Approve the P.B.T. plat, located between US 1 and Old Dixie Highway north of George Bush Boulevard. The property is being subdimded to create two (2) lots. SERVICE AUTHORIZATION NO. 3/AVIROM & ASSOCIATES, INC.: Approve Service Authorizauon No. 3 to Avirom & Associates, Inc. for the Dekay Shores Neighborhood Enhancements Topograpktc Route-of-Line Survey, Project 2002- 008 in the amount of $16,260.00. Funding is available from 334-6111-519-63.89 (General Constructmn Fund). FDOT GENERAL USE PERMIT & HOLD HARMLESS AGREEMENT/ 1155 EAST ATLANTIC AVENUE PROJECT: Authorize the City to act as the general use permit applicant for the addition of one parking space w~thm the state right- of-way (located on the north side of East Atlantic Avenue) and approve a Hold Harmless Agreement w~th the developer (1161 of Delray, LLC). ACCEPTANCE OF EASEMENT DEED/POLLO TROPICAL: Approve and accept an easement deed for the maintenance of a s~dewalk along Linton Boulevard and S.W. l0th Avenue in conjunctton with the Pollo Tropical Project. J. MEMORANDUM OF UNDERSTANDING AND POLICIES AND K0 PROCEDURES 2001-2004/DELRAY BEACH HOUSING RENAISSANCE PROGRAM: Approve the Memorandum of Understanding and the Policxes and Procedures that govern the Delray Beach Housing Renaissance Program for the period December 2001 through December 2004. CONSULTING SERVICE AGREEMENT/SOUTHWEST AREA NEIGHBORHOOD REDEVELOPMENT PLAN: Approve an agreement between the Cxty and JEG Associates for consulting services associated with the Southwest Area Neighborhood Redevelopment Plan in the amount of $50,000. Funding is available from 001-6113-559-49.90 for $30,000 (MacArthur Foundation Grant Fund) and 118-1974-554-49.90 for $5,000 (Community Development Fund). The Community Redevelopment Agency xmll contribute $10,000 and Florida Atlanttc Umversity ~ contribute $5,000. The CRA and FAU funds dill be submitted to the City for chsbursement. -3- 02-19-2002 Mo N0 Po Q0 FINAL PAYMENT/ATLANTIC PAINTING & SANDBLASTING: Approve final payment m the amount of $4,201.00 to Atlantic Painting and Sandblasting for the completion of the Water Treatment Plant Clarifier #4 Painting of Metal Surfaces project, Project 2002-001. Funding is available from 442-5178-536-46.90 (W & S Other Repair and Maintenance). FINAL PAYMENT/IMW CONSTRUCTION CORPORATION: Approve final payment m the amount of $7,413.14 to JMW Corporation for completion of the Delray Swim & Tennis Club Pool and Bathhouse Renovations Project, Project 2001-003. Funding is available from 334-4133-572-63.90 (Tennis Center). ITEM REMOVED SPECIAL EVENT REQUEST/SAINT PATRICK'S DAY PARADE: Consider a request for special event approval to allow the 34~ Annual St. Patrick's Day Parade to be held on Saturday, March 16, 2002 beginning at 2:00 p.m., including temporary use pernuts for the closing of Atlantic Avenue from Venetian Drive to the County Courthouse for the parade and Venetian Drive and Gleason Street for staging of parade entries from 12:30 p.m. to approximately 3:30 p.m., staff support for traffic control and security, barricading, trash removal and assistance in obtaining the FDOT permit. SPECIAL EVENT REQUEST/EASTER SUNRISE SERVICE: Approve a request for special event approval to allow the Easter Sunrise Service to be held March 31, 2002 from 6:00 a.m. until 7:30 a.m., including a temporary use permit for the closure of South Ocean Boulevard from Atlantic Avenue to Miramar, the use of the pavilion, staff support for traffic control, barricading, and EMS assistance on behalf of the Delray Beach Clergy Association. REVIEW OF APPEP, LABLE LAND DEVELOPMENT BOARD ACTIONS: R° Accept the actions and decisions made by the Land Development Boards for the period February 4, 2002 through February 15, 2002. AWARD OF BIDS AND CONTRACTS: ° Purchase award to Endicott Electric Vehicles in the amount of $16,675.50 for the purchase of a Global Elecmc Motorcar for the Fire Department. Funding is available from 001-2315-526-64.20 for $16,355.00 (Fire Operations Automobile) and 115-2311-522-64.20 for $320.50 (Fire Automobile). Contract award to Chaz Equipment, Inc. in the amount of $169,132.50 for NE 4th Street Widening Project, Project 2000-003. Funding is available from 334- 3162-541-65.19 for $82,692.50 (General Project Fund), from 442-5178-536- 65.02 for $46,490.00 (Water & Sewer), and from 448-5461-538-65.02 for $39,950.00. -4- 02-19-2002 o Contract renewal for the purchase of caldum hypochlorite from Leslie's Swimming Pool Supplies and the purchase of liquid chlorine from Jones Chemical via the City of Boca Raton Coop Bid #2000-046 at an estimated annual cost of $73,81S.00. Funding is available from 441-5122o536-52.21 (Water/Sewer Fund/Chemicals) for $69,090.00 and from 441-5144-536-52.21 (Water/Sewer Fund/Chemicals) for $4,725.00. REGULAR AGENDA: WAIVER REOUEST/REDUCE REQUIRED SITE AREA; A waiver request from Land Development Section 4.4.7(F)(2)(c) to reduce the minimum required site area in the PRD (Planned Residential Development) for Palm Grove Village located at the northeast and southeast comers of Federal Highway and Royal Palm Boulevard, east of North Federal Highway. (O. uasi-Ju~b'cial Heating) Bo REOUEST FOR SIDEWALK DEFERRAL/DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION: Consider a request from Dekay Beach Community Development Corporation to defer the installation of a sidewalk in front of 122 NW l0th Avenue. Staff recommends denial. C0 REOUEST FOR IN-LIEU PARKING SPACES/BEN & JERRY'S SCOOP SHOP: Consider a request by Ben & Jerry's Scoop Shop for the purchase of two (2) in- lieu parking spaces in the mount of $28,000. Ben & Jerry's Scoop Shop is located at 1155 East Athnfic Avenue. SPECIAL EVENT REOUEST/DELRAY AFFAIR: Consider a request from the Chamber of Commerce for special event approval for the Delray Affair to be held April 5-7, 2002, including a temporary use permit and dosing Atlantic Avenue to traffic from Swinton Avenue to Palm Square and blocking access to Atlantic Avenue on each side street in this area at the alley running parallel to Atlantic Avenue. Eo SPECIAL EVENT REQUEST/IRISH FESTIVAL (OLD SCHOOL SQUARE): Consider a special event request to hold an Irish Festival on the grounds at Old School Square on March 16, 2002 from 12:00 p.m. (noon) to lh00 p.m. and March 17, 2002 from 11:00 a.m. until 8:00 p.m., including a temporary use permit for use of facilities, event signage, trash removal, staff support for security and traffic control with the sponsor paying all overtime and event signage costs, contingent on the sponsor providing liability insurance and a hold harmless agreement. Fo REQUEST FOR FUNDING/TRUTH, INC.: Consider a request from Truth, Inc. for financial support to assist with the group's Louise E. Buie Civil Rights Legacy Tour to Alabama and Atlanta March 15-19, 2002. -5- 02-19-2002 Go Ho PROPOSAL FOR SETTLEMENT/MYRIAM JEAN-LOUIS v. CITY: Consider acceptance of proposal for settlement subject to the receipt of appropriate releases m the Myriam Jean-Lotus v. City of Delray Beach case. Staff recommends acceptance. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment for an unexpired term ending August 31, 2003. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint one (1) alternate member to the Public Employees Relattons Commission (PERC) for an unexpired term ending June 30, 2002. Based on the rotation system, the appointment will be made by Comrmssioner Levmson (Seat #3). APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY 10. 11. BOARD: Appoint four (4) regular members to the Parking Management Advisory Board for two (2) year term ending January 31, 2004. Based upon the rotation system, the appointments will be made by Commissioner Archer (Seat #2), Commissioner Levmson (Seat #3), Commissioner McCarthy (Seat #4), and Mayor Schmidt (Seat #5). BOCA RATON AIRPORT AUTHORITY: Discussion regarding a bill to be entitled An Act relating to the Boca Raton Airport Authority. PUBLIC HEARINGS: A° ORDINANCE NO. 4-02: An ordinance amending Chapter 53 "Sanitary Sewers" of the City's Code of Ordinances and amending LDR Section 6.1.11 Sewer Systems, to comply with the Florida State Department of Environmental Protection 0DEP) regarding industrial pretreatment and regulated sewage discharges. ORDINANCE NO. 5-02 (SECOND READING/SECOND PUBLIC HEARING): An Ordinance amending the Land Development Regulations Section 4.4.27(C) to add educational fac~hties as an accessory use in the OSR (Open Space and Recreation) zoning district. Co ORDINANCE NO. 8-02 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations Appenthx "A" Definitions to add a defmiuon for bedrooms. If passed, a public hearing will be scheduled for March 5, 2002. 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. -6- 02-19-2002 12. 13. FIRST READINGS: ORDINANCE NO. 6-02: An ordinance amending the Future Land Use Map (small scale) from GC (General Commercial) to MD (Medium Density Residential 5-12 du/ac) for a 0.763 acre parcel of land for Palm Grove Village, located at the northeast comer of Royal Palm Boulevard and North Federal Highway. If passed, a quasi-judicial public heating will be scheduled for March 5, 2002. ORDINANCE NO. 7-02: An ordinance rezoning from GC (General Commercial) aa part, RM (Multiple Family Residential-Medium Density) in part, and RM (Multiple Family Residenlaal-Low Density) in part to PRD (Planned Residential Development) for 4.623 acres for Palm Grove Village, located on the north and south sides of Royal Palm Boulevard, east of North Federal Highway. If passed, a quasi-judicial public hearing will be scheduled for March 5, 2002. ORDINANCE NO. 9-02: An ordinance amending Land Development Regulations Section 5.3.1.0D)(4)(a) changing appeals of required r~ght-of-way de&cations from the Board of Construction _Appeals to the City Commission. If passed, a public heating will be scheduled for March 5, 2002. ORDINANCE NO. 10-02: An ordinance amending Ordinance No. 59-01 to make clear the aatent of that ordinance that stats against the City will also cause extensions on development approvals. If passed, a pubhc hearing will be scheduled for March 5, 2002. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission -7- 02-19-2002 FEBRUARY 5~ 2002 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, February 5, 2002. Roll call showed: Present- Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schmidt Absent- None Also present were - City Manager David T. Harden Assistant City Manager Robert A. Barcinski City Attorney Susan A. Ruby Assistant City Attorney Brian Shutt City Clerk Barbara Garito Mayor Schmidt asked everyone who is praying this evening that they especially remember two people. Unfortunately, Mayor Schmidt stated Commissioner Perlman lost his stepmother in a car accident over the weekend and his father is in critical condition in the hospital. Also, Mayor Schmidt stated Jan Ecclestone with Palm Beach County who use to work at Old School Square, passed away over the weekend and reiterated for everyone to please remember these individuals in their prayers. 2_ The opening prayer was delivered by Reverend Matthew "Bump" Mitchell with Christ Missionary Baptist Church. The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL. Mayor Schmidt noted the addition of Items 8.Z.9. and 8.Z. 10, Awards of Bids and Contracts to the Consent Agenda by addendum. Mr. Levinson moved to approve the Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 5_:. APPROVAL OF MINUTES: Mr. Perlman moved to approve the Minutes of the Regular Meeting of January 8, 2002, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to approve the Minutes of the Special Meeting of January 15, 2002, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy- Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to approve the Minutes of the Special Meeting of January 28, 2002, as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. PROCLAMATIONS: 6.A. Recognizing and Commending the Delray Rocks Football & Cheerleading Squads. Mayor Schmidt read and presented a proclamation hereby proclaiming the Delray Rocks and Cheerleaders to be "Champions among Champions and Ambassadors of Good Will and Sportsmanship for the City of Delray Beach, Florida." Ben Leonard, Parks and Recreation Supervisor & Coach for the Delray Rocks Football, came forward to accept the proclamation and presented Mayor Schmidt with a "game ball" from the Delray Rocks in appreciation for the City's support. Mr. Leonard thanked the Commission and City staff for supporting the Delray Rocks. 6.B. Recognizing and commendine Vivian Mitchell - Parks Maintenance Division - Parks and Recreation Employee of the Year for 2001, and Ilonka Weinstein - Recreation Division and Bob Taylor - Ocean Rescue Division as Parks and Recreation ,Top Employees of the Year 2001. Mayor Schmidt read and presented a proclamation hereby recognizing and commending Vivian Mitchell, Parks and Recreation Employee of the Year 2001 for her dedication and service to the community of Delray Beach and the Parks and Recreation Department. In addition, Mayor Schmidt recognized and commended Ilonka Weinstein, Recreation Division, and Bob Taylor, Ocean Rescue Division, on a job well done and for being Top Employees of the Year for 2001 in the Parks and Recreation Department. Rodger Ribeiro, Recreation Superintendent, introduced and presented Ilonka Weinstein with the Recreation Division Award. Rich Connell, Assistant Director of Parks and Recreation, introduced and presented Bob Taylor with the Ocean Rescue Division Award. Joe Weldon, Director of Parks and Recreation, introduced and presented Vivian -2- 02/05/02 Mitchell with the Parks and Recreation Employee of the Year Award for 2001. 6.Co Award Presentation - City Golf Championship - 2001 - Sandra Eriksson Sandra Eriksson introduced the following winners of the City Golf Championship for 2001 and presented them with a plaque: Jean Flockenzier Nola Pearson Nora Phillips Russ Keegan Guido Cavailo Don Burlew Clint East Ron Fisher Marty Kenyon Sr. Women's Champion Women's First Flight City Champion Super Sr. Men's First Flight Super Sr. Men's Sr. Men's First Flight Men's First Flight Sr. Men's Champion City Champion 7_d, PRESENTATIONS: 7.A. RESOLUTION NO. 8-02: Recognizing and Commending Willie Gerald for 30 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 8-02 reads as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING WILLIE GERALD FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 8-02 is on file in the City Clerk's office.) Mayor Schmidt read and presented Resolution No. 8-02 hereby recognizing and commending Willie Gerald for thirty years of dedicated and faithful public service. Tim Simmons, Superintendent of Parks Maintenance, stated he has had the pleasure of working with Mr. Gerald for the past twenty years. Mr. Simmons stated Mr. Gerald has been a key employee with regard to all the special events. Mr. Levinson moved to approve Resolution No. 8-02, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 7.B. Shelly Weil~ Chairman of the Education Advisory Board PENCIL (Principal For A Day). Lula Butler, Director of Community Improvement, introduced Mr. Weil and presented the public relations piece via a video presentation that has been completed as a result -3- 02/05/02 of the PENCIL (Principal For A Day) Program. Shelly Weil, Chairman of the Education Advisory Board, stated he would like to present the Commission with a progress report by presenting a video demonstrating the success of the PENCIL (Principal For A Day) Program. He stated the success of the Program is on a daily ongoing basis. CONSENT AGENDA: City Manager Recommends Approval. FINAL SUBDIVISION PLAT APPROVAL/RENAISSANCE VILLAGE: Approve the boundary plat for Renaissance Village, located at the southeast comer of NE 6th Avenue and NE 2nd Street. 8.B. FINAL SUBDIVISION PLAT APPROVAL/MALLORY SQUARE: Approve the boundary plat for Mallory Square, bounded by SE 5th Avenue, SE 6th Avenue, SE 3rd Street, and SE 4th Street. 8.C. RESOLUTION NO. 16-02/ABANDONMENT OF UTILITY EASEMENT/ S.E. 3Ro AND S.E. 4TM STREETS: Approve the abandonment of a 16' utility easement within Block 112, Plat of Dclray Heights, located between S.E. 3ra and S.E. 4th Streets. The caption of Resolution No. 16-02 reads as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT LOCATED WITHIN THE PLAT OF BLOCK 112, DELRAY HEIGHTS AS RECORDED IN PLAT BOOK 1, PAGE 130 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 16-02 is on file in the City Clerk's office.) 8.D. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting of January 17, 2002. 8.Eo ACCEPTANCE OF EASTMENT DEED/SHERWOOD FOREST HOMEOWNER'S ASSOCIATION: Approve and accept an easement deed granting to the City the means to maintain a water main extension that will be constructed by the developer. This will serve a two lot subdivision with an office building proposed on one lot and a hotel proposed on the other lot located on the south side of West Atlantic Avenue just east of Whatly Road. 8.F. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/ MALLORY SQUARE: Authorize the City to act as the utility permit applicant for the -4- 02/05/02 construction of a water main extension within the state right-of-way (bounded by SE 3rd Street and SE 4th Street between northbound and southbound Federal Highways) and approve a Hold Harmless Agreement with the developer (Ironwood Properties, Inc.). 8.G. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve fund subsidies for four (4) eligible applicants/families in the amount of $22,500 for 227 NW 5th Avenue, $17,100 for NW 12th Avenue, $23,250 for NW 8th Avenue, and $20,187 for 308 SW 2nd Street. This brings the number to 138 homeowners assisted under the Renaissance Program. Funding is available from 118-1924-554-83.01 (SHIP Program). 8oHo PALM BEACH COUNTY FINANCIAL ASSISTANCE AGREEMENT: Consider approval of a financial assistance agreement with the Palm Beach County Board of County Commissioners in the amount of $46,551.00 for the landscaping of Lake Ida Road (between Congress Avenue and Military Trail). g. Io PALM BEACH COUNTY COURT PUBLIC AGENCY COMMUNITY SERVICE AGREEMENT: Approve a Public Agency Agreement with the Courts of the 15th Judicial Circuit that provides for the Planning and Zoning Department's participation in the Palm Beach County Court Community Service Program for the Beach Revegetation Project. 8.J PALM BEACH COUNTY RESOURCE CENTER AGREEMENT: Approve the sub recipient agreement for fimding with thc Palm Beach County Resource Center (PBCRC) under the 2001-2002 Community Development Block Grant (CDBG) Program. ITEM REMOVED 8.L, ADOPTION OF THE PARKS AND RECREATION MASTER PLAN: Approve and adopt the Parks and Recreation Department's Master Plan as developed by GlaRing Jackson Kercher Anglin Lopez Rinehart, Inc. 8°M. CHANGE ORDER NO. 1/JMW CONSTRUCTION CORPORATION: Approve Change Order No. 1 in the amount of $19,673.95 to JMW Construction Corporation for the Delray Swim & Tennis Club Pool and Bathhouse Renovations Project. Funding is available from 117-4133-572-63.90 (Other Improvements). 8.N. RESOLUTION NO. 10-02: Approve Resolution No. 10-02 setting a public heating date of March 19, 2002 for consideration of the Royal Palm Boulevard Special Assessment District final assessment roll. The caption of Resolution No. 10-02 reads as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SETTING A PUBLIC HEARING DATE FOR THE PUBLIC HEARING CERTIFYING THE FINAL ASSESSMENT ROLL FOR THE ROYAL PALM BOULEVARD SPECIAL ASSESSMENT DISTRICT; PROVIDING FOR THE MAILING AND -5- 02/05/02 PUBLICATION OF NOTICE REGARDING THE PUBLIC HEARING; PROVDING AN EFFECTIVE DATE. (The official copy of Resolution No. 10-02 is on file in the City Clerk's office.) 8.0. RESOLUTION NO. 12-02: Approve Resolution No. 12-02 assessing costs for action necessary for the emergency board-up of an unsafe structure located at 34 North Swinton Avenue. The caption of Resolution No. 12-02 reads as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOACTED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 12-02 is on file in the City Clerk's office.) 8.P. RESOLUTION NO. 13-02: Approve Resolution No. 13-02 assessing costs for action necessary for the demolition of an unsafe structure located at 45 S.W. 13th Avenue. The caption of Resolution No. 13-02 reads as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING -6- 02/05/02 SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 13-02 is on file in the City Clerk's office.) 8.9. RESOLUTION NO. 14-02: Approve Resolution No. 14-02 assessing costs for action necessary to remove junked and/or abandoned vehicles from three (3) properties within the City. The caption of Resolution No. 14-02 reads as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. 8.R. action necessary to abate nuisances on thirty (30) properties throughout the City. The caption of Resolution No. 15-02 reads as follows: A RESOLUTION OF THE CITY COMMISISON OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCUR_RED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING -7- (The official copy of Resolution No. 14-02 is on file in the City Clerk's office.) RESOLUTION NO. 15-02: Approve Resolution No. 15-02 assessing costs for 02/05/02 FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 15-02 is on file in the City Clerk's office.) 8.S. SPECIAL EVENT REQUEST/HOWARD ALAN 5th ANNUAL WINTER STREET CRAFT FESTIVAL: Consider a request for special event approval to allow the 5th Annual Delray Beach Winter Street Craft Festival to be held on February 22-23, 2002, including a temporary use permit for street closures of NE/SE 4th Avenue, one block north/south of Atlantic Avenue as well as the north end of Hand's parking lot for vendor parking and staff support for security, with the event sponsor paying all overtime costs. SCRWTDB FEASIBILITY STUDY FOR RECLAIMED WATER SYSTEM EXPANSION: Authorize funding in the amount of $47,100.00 to South Central Regional Wastewater Treatment and Disposal Board for a feasibility study regarding the Reclaimed Water System Expansion project. Funding is available from 441-5181-536-63.95 (Other Improvements/NW Reuse Water System-SCRWW). g.u. HOUSING REHABILITATION GRANT\CONTRACT AWARDS: Approve Housing Rehabilitation grant\contract awards through Community Development Division in the amounts of $7,140.00 to Horizon Roofing (3030 Dorson Way), $17,487.75 to Preston Construction (131 NW 6th Avenue), and $18,485.00 to Craftsman Plus, Inc. (611 Angler Drive). Funding is available from 118-1924-554-49.19 (SHIP Housing Rehabilitation Grant). 8.V. CONFLICT OF INTEREST WAIVER/GREENBERG TRAURIG: Approve a conflict of interest waiver request for Greenberg Traurig, representatives for the Florida Department of Agriculture in regards to the citrus canker litigation. 8.W. RESOLUTION NO. 17-02: Approve Resolution No. 17-02 modifying the membership requirements for the Elder Care Task Force. The caption of Resolution No. 17-02 reads as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SECTION 2 OF RESOLUTION NO. 65-01 AND ENACTING A NEW SECTION 2 WHICH AMENDS THE MEMBERSHIP POSITIONS OF THE ELDER READY TASK FORCE; PROVIDING AN EFFECTIVE DATE. 8oX. (The official copy of Resolution No. 17-02 is on file in the City Clerk's office.) REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 7, 2002 through February 1, 2002. -8- 02/05/02 8.Y. REALLOCATION OF FUNDS: Approve reallocation of FY 2002 Drug Control & System Improvement (DCSI) funds as recommended by the Criminal Justice Commission (CJC). The total FY 2002 funds available for reallocation is $200,000. 8.Zo AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Pierce Manufacturing, Inc./Ten 8 in the amount of $751,154.00 for the replacement aerial apparatus. Funding is available fi.om 501-3312-591-64.20 (Garage/Automotive). 2. Purchase award to CompuServe in the amount of $22,282.00 for the purchase of Citywide Database Server under state contract//250-040-99-I. Funding is available from 441-5111-536-64.11 (Computer Equipment). 3. Bid award to Sanders Company, Inc. in the amount of $69,255.00 for the purchase of three (3) dry pit/submersible sanitary sewerage pumps to be installed in Lift Station No. 1. Funding is available from 442-5178-536- 64.90 (Other Machinery and Equipment). 4. Bid award to Altec Industries, Inc. in the amount of $104,181 for the purchase of an Altec Model LRV-55-AS bucket truck under GSA contract #GS-30F-1028G. Funding is available from 501-3312-519-64.20 (Garage/Automotive). 5. Purchase award in the amount of $17,165.00 to Data Flow Systems (sole source) for the purchase of Telemetry equipment associated with the replacement of existing telemetry systems site server unit. Funding is available from 441-5143-536-64.90 (Other Machinery and Equipment). 6. Contract award to REP Associates, Inc. in the amount of $22,710.34 for Phase II Environmental Assessments on Barwick Road site parcels. Funding is available from 334-3162-541-61.10 (Land). 7. Joint bid award with the City of Boynton Beach to multiple responsive bidders for the Fire Department to purchase medical and drug supplies at an estimated annual cost of $91,000.00 for the City of Delray Beach. Funding is available from 001-2315-526-52.20 (General Operating Supplies). 8. Bid award GTE Builders, Inc. for the Community Teen Center in the amount of $303,472.50. Funding is available from 334-6111-572-62.09 for $195,905 (General Construction Fund/Delray Youth Teen Council) and 117- 6111-519-63.40 for $108,000 (Recreation Impact Fee/Roller Blade and Skate Board Park). 9. Purchase award to Cross Match Technologies, Inc. in the amount of $37,802 for the purchase of a complete Livescan Fingerprinting and Palm Capture System. Funding is available from 001-2114-521-64.11 (Computer Equipment). 10. Bid award to Hector Equipment Company for two (2) Toro Groundmaster 328 D mowers in the amount of $29012.07 under Florida State contract 515- -9- O2/O5/O2 630-00-1. Funding is available from 501-3312-519-64.20 (Automotive). Ms. McCarthy moved to approve the Consent Agenda as amended, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. REQUEST FOR MODIFICATION OF STANDARDS GOVERNING FINGER PIERS: Consider modification of standards in Land Development Regulations (LDR) Section 7.9.8 governing Finger Piers, pursuant to Section 7.9.4(A) of the LDR, to allow a 28-foot finger pier to be constructed at 425 SE 7th Avenue. The normal standard is 25-feet of dock length. (Quasi-Judicial Hearing) The City Attorney stated this item will be conducted as a quasi-judicial hearing, which allows for presentations by all involved parties, the admission of documents into the record and public testimony. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted for Mr. Levinson, Ms. McCarthy, Mayor Schmidt, and Mr. Perlman. Mrs. Archer stated she has had previous conversations with Mr. Woodfin regarding an easement on his street but has had no conversations with him regarding this issue. The City Attorney invited anyone from the public who wishes to address the Commission regarding the modification, to please step forward at this time and be sworn in by the City Clerk. Barbara Garito, City Clerk swore in those individuals who wished to give testimony of this item. Jerry Sanzone, Chief Building Official, stated the owner is requesting a 3-foot waiver to the maximum 25 feet limitation that these docks are allowed to extend from the seawall. The applicant has received approval from the Department of Environmental Protection and Department of The Army Corp. of Engineers. There being no one else who wished to address the Commission regarding the modification, the public hearing was closed. Mrs. Archer moved to approve the request for modification, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. -10- 02/05/02 9.B. REQUEST TO WAIVE LIENS/SAINT MATTHEWS EPISCOPAL CHURCH: Consider a request to waive liens on a vacant lot acquired by Saint Matthews Episcopal Church located at SW 3rd Street and SW 4th Avenue across from their current property. The liens currently total $5,929.34; the City's actual out-of-pocket costs are $2,798.17, which the church is prepared to pay. Lula Butler, Director of Community Improvement, explained this is a request fi'om Saint Matthews Episcopal Church to waive administrative fees, recording fees, and interest assessed on vacant land contracted to purchase for parking. The City's actual out-of-pocket cost is $2,798.17 and the liens total $5,929.34. Therefore, Ms. Butler stated staff is requesting the Commission to waive the amount of $3,131.17 in support of Saint Matthews Episcopal Church expansion efforts. Ms. Butler stated the church is prepared to pay the out-of-pocket cost. Mr. Perlman moved to approve the request to waive liens per the amount specified by Ms. Butler, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.C. REQUEST FOR IN-LIEU PARKING FEE/CAFI~ VERI AMICI: Consider a request by Caf6 Veri Amici for the purchase of two (2) in-lieu parking spaces in the amount of $12,000. Caf6 Veri Amici is located at the southeast comer of Pineapple Grove Way and NE 2na Street. Scott Aronson, Parking Management Specialist, stated this is a request from Caf6 Veri Amici for two in-lieu parking spaces. The applicant has submitted a Class II site plan modification for a pizza, sandwich and gelato shop located on Pineapple Grove Way at N.E. 2nd Street. The change in use would require the purchase of two in-lieu spaces. At its meeting of December 18, 2001, the Parking Management Advisory Board unanimously recommended approval of the applicant's request. Ms. McCarthy stated the agenda backup indicates that there is ample parking surrounding them to accommodate the needs of this particular restaurant. Mr. Aronson stated the site does have a parking lot behind the restaurant. Ms. McCarthy inquired whether or not this is an eat-in restaurant or take-out. In response, Mr. Aronson stated there will be tables but because this is a pizza/gelato shop, it will be more of a take-out type of business. Mr. Aronson stated he does not anticipate this business generating traffic for its intended use. Mr. Perlman moved to approve the request by Caf6 Veri Amici for the purchase of two in-lieu parking spaces in the amount of $12,000, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. -11- 02/05/02 9.D. ESTABLISHMENT OF SANDOWAY PARKING LOT OFFICIAL CLOSING TIME: Consider establishing the official closing time for Sandoway Parking Lot as 9:00 p.m., as recommended by the Parking Management Advisory Board. Scott Aronson, Parking Management Specialist, stated staff was directed to continue monitoring the Sandoway Lot to ascertain utilization between the hours of 8:00 p.m. and 9:00 p.m. to determine if the official lot closing time should be established at 9:00 p.m. Although January of 2001 showed no utilization of the lot due to a lack of public awareness, January 2002 through the 27th of the month shows 57 cars parked. Throughout the test period a total of 637 cars were parked in the lot after 8:00 p.m. Staff requested the Delray Beach Police Department to provide assistance during the extended closing time. Of the few reports made during the year long test period, none were related to the extended lot closing time. At its meeting of October 23, 2001 the Parking Management Advisory Board recommended (7-1) to establish 9:00 p.m. as the official closing time of the Sandoway Lot. Additionally, at their meeting of January 22, 2002, as a discussion item, the Board upheld their previous recommendation. Staff concurs with the recommendation to establish the official closing time for Sandoway Parking Lot as 9:00 p.m. Mayor Schmidt commented that he had asked for this extension of the experiment because it seemed to him that during the summer months it certainly justified keeping it open until 9:00 p.m. with daylight savings time but he wanted to see what it looked like through the season. Mayor Schmidt stated he has received a number of emails from residents requesting that the Commission not extend the closing time beyond dusk. Mayor Schmidt stated he could see keeping the lot open until 9:00 p.m. during the summer months and closing at dusk during the winter months because it does not seem to justify the use for keeping it open with regard to the number of cars. Mr. Levinson stated he does not like the concept of the word "dusk" in general because it is too vague and hard to enforce. Mr. Levinson stated he feels the closing time should be a time certain and does not feel 9:00 p.m. is an unduly late time of night. Mr. Levinson stated he supports a closing time of 8:30 p.m. or 9:00 p.m. for the entire year. Mrs. Archer stated knowing how the residents are concerned about noise, etc. she would rather not support any closing time of the Sandoway Parking Lot after 8:00 p.m. Mrs. Archer stated she would support setting the closing time of 8:00 p.m. year-round. Mrs. Archer moved to approve setting a time certain for Sandoway Parking Lot to 8:00 p.m. year-round, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:50 p.m., the Commission moved to Item 9.G. of the Regular Agenda. -12- 02/05/02 9.G. SPECIAL EVENT REQUEST/OLD SCHOOL SQUARE PAVILION GRAND OPENING: Consider a request for special event approval to allow the grand opening of Old School Square Pavilion to be held on February 14, 2002 from 7:00 pm until 10:00 pm and to approve staff support for security with the waiver of overtime costs. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to endorse the Grand Opening event for the Old School Square Pavilion to be held on February 14, 2002 from 7:00 p.m. until 10:00 p.m. and to approve staff support for security and traffic control, EMS services on site, trash removal and clean up, event signage and the use of barricades, with a waiver of all overtime costs. In addition, the Police Department is recommending the hiring of two (2) private security guards for the stage area for a cost of approximately $150 which would be paid by Old School Square. Joe Gillie, Director of Old School Square, stated the date of February 14th was chosen because it tied into the entire weekend because of the "Soul of Delray" event. Mr. Gillie stated the Palm Beach County Youth Orchestra reserved Sunday, February 17th and "Soul of Delray" reserved Saturday, February 16th. Mr. Gillie reiterated February 14th was chosen because he felt it would make this a good weekend for people to see and hear the variety of music. Mrs. Archer moved to approve the Special Event Request to allow the Grand Opening of the Pavilion Event at Old School Square on February 14, 2002 and approval of staff support with the waiver of overtime costs, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.H. LINE OF CREDIT/SUNTRUST BANK: Approve a Line of Credit for $22,000,000.00 with SunTrust Bank to finance the cost of land acquisition with respect to Atlantic High School, the City's Beach Renourishment Program, and parking facility improvements at the Delray Beach Library. Joe Safford, Finance Director, stated staff is recommending Option #2 which is SunTrust Bank's variable rate financing option three year term with no prepayment penalties and with the gross up language. Mr. Safford stated SunTrust Bank offered the lowest bid. Mr. Safford stated if this item is approved this evening an authorizing resolution with SunTrust Bank will come under separate cover at a later date. At this point, Ms. McCarthy left the dais. Mr. Levinson moved to approve the Line of Credit as recommended by staff, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.I. PURCHASE AWARD/ZOLL MEDICAL CORPORATION: Consider approval of a purchase award to second lowest bidder, Zoll Medical Corporation, for two (2) 12-Lead Monitor Defibrillators in the amount of $40,150.70. Funding is available through the -13- 02/05/02 Palm Beach County Emergency Medical Service Grant Award Program for $38,562.30 and from 115-2311-248-64.00 (Fire-Other Machinery/Equipment) for $1,588.70. At this point, Ms. McCarthy returned to the dais. Kerry Koen, Fire Chief, stated this is a request for two (2) 12-Lead Monitor Defibrillators for the Fire Department both of which are being funded primarily from County grants. Chief Koen stated staff is recommending this equipment because it is superior technology. Mr. Peflman moved to approve the purchase award to Zoll Medical Corporation (second lowest bidder) for two 12-Lead Monitor Defibrillators in the amount of $40,150.70, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 5-02 {FIRST READING/FIRST PUBLIC HEARING): An Ordinance amending the Land Development Regulations Section 4.4.27(C) to add educational facilities in the OSR (Open Space and Recreation) zoning district. If passed, a public hearing will be scheduled for February 19, 2002. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 5-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.4.27, "OPEN SPACE AND RECREATION (OSR) DISTRICT", SUBSECTION (C) "ACCESSORY USES AND STRUCTURES ALLOWED", TO ADD EDUCATIONAL FACILITIES AS AN ACCESSORY USE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 5-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. -14- 02/05/02 Paul Dorling, Planning Director, stated the amendment will allow "educational facilities" as an accessory use to the principal uses (B)(1) Parks and (B)(2) Recreation Facilities. All eligible properties with the exception of Lake Ida Park and Bucky Dent's Baseball School are City owned. Establishment of schools on City-owned property will be City operated, or must be approved through an agreement with the City. This amendment will accommodate the existing charter school at Pompey Park as well as any potential school at the Catherine Strong Center. Mr. Dorling stated this text amendment was originally requested by the Cultural Arts Institute (Charter School) however, have withdrawn their request and apparently are no longer interested in the site. At it meeting of January 28, 2002, the Planning and Zoning Board held a public hearing regarding this item and after discussion the Board voted 7-0 to recommend that LDR Section 4.4.27(C) (Accessory Uses and Structures Allowed) be amended to add "educational facilities" as an accessory use, based upon a positive finding with LDR Section 2.4.5(M)(5). Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 5-02, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 5-02 on FIRST READING/FIRST PUBLIC HEARING, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 39-01 {ADOPTION HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2001-02): Consider on second reading an ordinance adopting Comprehensive Plan Amendment 2001-02 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. Amendment 2001-02 includes: The City Manager presented Ordinance No. 39-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2001-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.32.43, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2001-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A -15- 02/05/02 GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 39-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public heating was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Dan Marfino, Principal Planner, stated Comprehensive Plan Amendment 2001- 02 represents the second regular amendment of the City's twice a year Comprehensive Plan Amendment process. The amendment is comprised of eight individual items consisting of five City initiated text amendments, two City initiated Future Land Use Map amendments and one privately initiated text change. Mr. Marfino stated Amendment 2001-02 was transmitted to the Department of Community Affairs (DCA) after the City Commission Meeting of August 21, 2001. After a preliminary review, DCA informed the City that Amendment 2001-02 would require a complete review, culminating with an Objections, Recommendations, and Comments (ORC) Report. Subsequent to their comprehensive review, DCA declined to issue an ORC Report concerning the amendment and therefore did not need to go before the Planning and Zoning Board for a second public hearing. At this point, Mr. Marfino gave a brief summary of the items included in this amendment and reviewed the Future Land Use Map Amendment from LD (Low Density Residential 0-5 du/ac) to CF and Corrective Future Land Use Map Amendment for the Rinaldi parcel. 10.B.1. Future Land Use Map amendment from LD (Low Density Residential 0-5 du/ac) to CF (Community Facilities) for a parcel of land located at 36 NW 4th Avenue to accommodate an off-street parking lot associated with the Atlantic Grove Redevelopment project. 10.B.2. Corrective Future Land Use Map amendment for the Rinaldi parcel (approximately 0.03 acres) from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core) for a parcel of land located on the east side of Bronson Avenue approximately 100 feet south of East Atlantic Avenue. 10.B.3 Text Amendment to the Future Land Use Element changing the Transitional land use designation as it relates to density in the RO (Residential Office) zoning district. Paul Dorling, Planning Director, stated the owner of the property located at 217 N.E. 4th Street is proposing to redevelop the property to accommodate a 10-unit townhouse development in the residential office district which has an underlining future land use designation of transitional. The current transitional land use designation allows up to a maximum of 12-units per acre. The applicant wishes to add language to the Comprehensive Plan which would allow a maximum of 20-units to the acre and allow it as a conditional use if the zoning adjacent to the RO (Residential Office) property is either zoned CBD-RC or CBD. The existing maximum density of 12-units per acre which is currently allowed appears a more -16- 02/05/02 appropriate transition between these two designations. With the final adoption of the RO (Residential Office) zoning district multi-family developments were excluded from the list of permitted uses. Consequently, Mr. Dorling stated even if a change was approved to the Transitional Land Use Designation, there would need to be a further change to allow multi- family uses in the RO (Residential Office) district. On March 3, 1998, the City Commission approved the Seacrest Del-Ida Neighborhood Plan. This area is on the residential neighborhood categorization map and labeled as a revitalization area. Per the Seacrest Del-Ida Neighborhood Plan, RO and RL zoning districts new residential development consisting of low density or duplex development continues to be permitted while all new development or redevelopment in all other areas of the neighborhood were to consist of single family detached housing. In summary, Mr. Doffing stated staff feels it is inappropriate to amend the Transitional Land Use Designation because (1) the proposed density is incompatible with the low density residential development immediately to the north, (2) a density increase in this area would affect the character of the historic district, and (3) the change is inconsistent with the Seacrest Del-Ida Neighborhood Plan. Mr. Dorling stated the Community Redevelopment Agency (CRA) considered this item at their August 9, 2001 meeting and recommended denial. The Board felt it was inappropriate to increase the density over the maximum of 12-units to the acre and that it was incompatible with low densities to the north. The Historic Preservation Board (HPB) also considered this amendment on August 15, 2001 and recommended denial. At its meeting of August 20, 2001, the Planning and Zoning Board considered the amendment and recommended (4-3) to deny the request because of similar concems. The City Commission considered this item on August 21, 2001 where there was significant public input and concern regarding the inappropriateness of the scale, density, and the intrusion of multi-family development into the neighborhood. Mr. Doding stated staff is recommending denial of this specific part of the Comprehensive Plan Amendment. Mayor Schmidt declared the public hearing open. Sarah Greeley, 109 N. Dixie Blvd., speaking as past President of the Del-Ida Park Neighborhood Association and representing the association, stated the petitioner's proposed project is too large and too inappropriate for this site or for any other site in the historic neighborhood. In August 2001, the Del-Ida Park Neighborhood Association was unable to come to any compromise on issues raised by the petition. Sandy Jamison, 515 N. Swinton Avenue, expressed concern over the increased density and urged the Commission to deny this request. Tony Keller~ 200 N.E. 5th Street~ stated he is opposed to the increased density and would like to see it remain 12-units per acre. Mary Lou Jamison, 515 N. Swinton Avenue, expressed concern over the request for increased density and stated she is opposed to changing the zoning on this property. -17- o2m5m2 Alice Beck~ 401 N.E. 2n~l Avenue~ is strongly opposed to any increased density in the neighborhood. Jean Beer~ 2145 S.W. 26th Terrace~ is strongly opposed to the increased density and commented about what it would mean with regard to changing the Comprehensive Plan. John Bennett~ President of Progressive Residents of Delra,y (PROD) and speakine on behalf of the organization~ is opposed to the increased density and feels this would be bad for the City. Secondly, Mr. Bennett commented that the Planning and Zoning Staff Report urges the Commission to pass the Comprehensive Amendment 2001-02 with the exception of Item #7 and the Resolution attached approves the amendment. Therefore, Mr. Bennett stated the Resolution would need to be modified if the Commission decides to follow-through as everyone from the public is encouraging the Commission to do so. the City. Bill Andrews~ 801 Palm Trail #7~ atmlicant, feels this is in the best interest of There being no one else who wished to address the Commission regarding the Comprehensive Plan Amendment 2001-02, the public hearing was closed. With regard to the point Mr. Bennett raised, Mayor Schmidt asked if anything would need to be amended if this motion passes. In response, the City Attomey stated if this is approved then the Commission would need to withdraw pages 7 & 8 and the support document 15 (all part of Exhibit "A") which is incorporated into the ordinance. Mr. Perlman moved to approve staff's recommendation to approve the Comprehensive Plan Amendment 2001-02 with the exception of the privately initiated text change; and deleting support document 15 and pages 7 & 8 of Exhibit "A" as outlined by the City Attorney, seconded Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 3-02: An ordinance correcting rezoning from RM (Medium Density Residential) to CBD (Central Business District) for a parcel of land located on the east side of Bronson Avenue approximately 100 feet south of E. Atlantic Avenue. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing) The City Manager presented Ordinance No. 3-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED RM (MULT~LE FAMILY RESIDENTIAL - MEDIUM DENSITY) TO CBD (CENTRAL -18- 02/05/02 BUSINESS DISTRICT); SAID LAND BEING A PARCEL LOCATED ON THE EAST SIDE OF BRONSON AVENUE APPROXIMATELY 100' SOUTH OF EAST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTWE DATE. The official copy of Ordinance No. 3-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public heating was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this item will be conducted as a quasi-judicial hearing, which allows for presentation by all involved parties, the admission of documents into the record and public testimony. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. The City Attomey invited anyone from the public who wishes to address the Commission regarding Ordinance No. 3-02, to please step forward at this time and be sworn in by the City Clerk. Barbara Garito, City Clerk, swore in those individuals who wished to give testimony of this item. Paul Dorling, Planning Director, entered into the record the Planning Department's project file//2001-199. Mr. Dorling stated the property is the north half of Lot 7 Block 2, Ocean Park Subdivision and is part of a larger property containing a mixed-use development. The action requested is corrective as the current zoning district boundary line bisects the southernmost building on the site. The north 94 feet of the property is zoned CBD (Central Business District) while the south 16.65 feet is zoned RM (Multiple Family Residential-Medium Density). A Future Land Use Map amendment is being process separately with Comprehensive Plan Amendment 2001-02 to change the FLUM designation from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core). At its meeting of August 20, 2001, the Planning and Zoning Board voted 7-0 to recommend that the request be approved, based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), that the previous zoning district was established in error. Mayor Schmidt declared the public hearing open. -19- 02/05/02 John Bennett~ Vice-President of Beach Property. Owners' Association (BPOA) and speaking on behalf of the association~ stated there is no problem with putting a building all in one zoning district. However, Mr. Bennett stated if it were under other circumstances in expansion of the CBD, the BPOA might take a different stand. There being no one else who wished to address the Commission regarding Ordinance 3-02, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 3-02 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 1-02 {SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 4.4.1 I(B), "Principal Uses and Structures Permitted", to eliminate equipment rental as a principal use, and amending 4.4.11 (D), "Conditional Uses and Structures Allowed", to allow "equipment rental and display" as a conditional use in the Neighborhood Commercial (NC) zoning district, pursuant to LDR Section 2.4.5(M). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 1-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 4.4.11, "NEIGItBORHOOD COMMERCIAL (NC) DISTRICT", SUBSECTION (B), PARAGRAPH (2) BY ELIMINATING EQUIPMENT RENTAL AS A PERMITTED USE; AND SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", BY ENACTING A NEW PARAGRAPH (4) TO ADD EQUIPMENT RENTAL AND DISPLAY AS A CONDITIONAL USE IN THE NEIGHBORHOOD COMMERCIAL (NC) ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 1-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. With regard to signage, Ms. McCarthy asked if they would have to meet the City's criteria for sign size. In response, Mr. Dorling stated if the applicant has any changes then they would have to abide by the City's criteria for signs. However, the current situation -20- 02/05/02 could continue as it is. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 1-02, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 1-02 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 2-02: An ordinance amending the Land Development Regulations Section 4.6.16(D)(2) to add a subsection regarding the substitution of mature, exceptional tree specimens for required parking. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time The City Manager presented Ordinance No. 2-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING PARAGRAPH 4.6.16(D)(2), "PRESERVATION AND PROMOTION OF EXISTING PLANT COMMUNITIES", BY ENACTING A NEW SUB-PARAGRAPH (d), TO ALLOW FOR THE SUBSTITUTION OF MATURE, EXCEPTIONAL TREE SPECIMENS FOR REQUIRED PARKING; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 2-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 2-02, the public hearing was closed. Mrs. Archer stated if there were several trees in an area where parking was an issue, she feels this could potentially cause a conflict. She inquired if there is any point to limiting this to the number of trees that would be affected. In response, Mr. Dorling stated the amendment allows the discretion to sit with the City Horticulturist. Mrs. Archer moved to adopt Ordinance No. 2-02 on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. -21- 02/05/02 Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item ll.B., Comments and Inquiries on Non-Agenda Items from the Public. ll.B. From the Public. ll.B.1. Jim Smith~ 1225 S. Ocean Boulevard~ expressed concern over Delray Beach not being bicycle-friendly and feels two things should be done to help Delray Beach become more bicycle-friendly. First, Mr. Smith suggested adding a new Bicycle Pedestrian Coordinator to the City's budget this year. Second, Mr. Smith suggested the City apply for bicycle-friendly projects and urged the City to give the Parks and Recreation Department the resources they need to make Delray Beach bicycle friendly. 11.B.2. Kenneth Gray~ 696 Udell Lane~ stated many people in the Delray Shores area are concerned with the drug activity and the youth hanging around the Dollar Saver Store. Mr. Gray stated this store is providing the kids with beer and cigarettes and commented that the store also stocks nude magazines and video tapes. Based on some of the phone calls made under these circumstances to the Delray Beach Police Department, Mr. Gray stated response time has taken up to forty minutes. Mr. Gray asked that there be more Police enforcement at the Dollar Saver Store because he does not want to see his neighborhood become a drug hangout for the youth. ll.B.3. John Bennett~ 137 Seabreeze Avenue~ expressed concern over the proposed move of Atlantic High School and distributed a proposal of the Rules of Procedure to the Commission. At this point, the time being 7:50 p.m., the Commission moved to Item 9.J. of the Regular Agenda. 9oJ. SOLID WASTE AUTHORITY INTERLOCAL AGREEMENT/ TEMPORARY USE PERMIT: Approve a new lease agreement between the City and the Solid Waste Authority of Palm Beach County for the SWA's temporary use for up to 2 years of the Public Works Warehouse located on Lake Ida Road, just east of Congress Avenue. Paul Dorling, Planning Director, stated on March 15, 2000 SPRAB approved a Class II Site Plan Modification for significant upgrades to the Solid Waste Authority Transfer Station on the east side of S.W. 4th Avenue, south of Linton Boulevard. The Solid Waste Authority is ready to begin construction (anticipated for March 1st) and is requesting to relocate the Household Hazardous Waste Collection aspect to the Public Works Warehouse on the south side of Lake Ida Road. The request is to allow the temporary use at this location for up to two years and staff is recommending approval of a temporary use permit based upon positive findings with respect to LDR Section 2.4.7(B)(5) subject to the condition that all aspects of this operation comply with the conditions set forth in the Interlocal Agreement between the City of Delray Beach and the Solid Waste Authority. -22- 02/O5/02 Mr. Levinson commented about the two-year term and feels this is a long time to make modifications to the current site. Brian Shutt, Assistant City Attorney, stated he had discussions with the Solid Waste Authority and they wanted a longer period of time. Mr. Shutt stated staff was able to negotiate to the two-year term. Mrs. Archer stated at this location traffic backs up for quite a considerable distance across the railroad tracks and under 1-95. Mrs. Archer stated there is a divider that goes across the area which divides the road. However, Mrs. Archer stated there is no divider which would be opposite of the proposed driveway. Mrs. Archer stated there is no blocking there which means large tracks could come out and try and make a left mm across the lane of traffic and into backed up traffic. Mrs. Archer stated she would have a great deal of trouble approving this without making some modification to the road so that traffic could only go eastbound. Dick Hasko, Director of Environmental Services, stated the Solid Waste Authority will have a truck to haul the waste. Mrs. Archer asked if the City could make some provisions to close off the area opposite the driveway so that there is not a problem with making westbound tums in that area. Mr. Dorling stated this may be something the City would like to approach the County on changing. Mr. Perlman inquired about environmental concerns related to this. In response, Mr. Shutt stated it is in the agreement that the Solid Waste Authority will do the Phase II environmental audit. Mr. Hasko reiterated that in the agreement the Solid Waste Authority is obligated to determine if any cleanup is necessary. Further discussion by the Commission followed. Ms. McCarthy inquired whether neighbors would have to contend with any additional odors because of this use. Mr. Hasko emphasize this is strictly household waste not garbage collection. Mr. Hasko stated there certainly is a possibility that neighbors would have to contend with odors. Mr. Shutt explained the term "nuisance" is not defined in the agreement. Ms. McCarthy stated that if neighbors report odors that are offensive, she feels there should be a time certain to correct it. Mrs. Archer asked if there is a provision for the material to be stored inside or under cover so it cannot be seen from the streets and what is the provision for tires because after rain there are mosquitoes. Mr. Shutt stated the site plan addresses the landscaping along -23- 02/05/02 Lake Ida Road and it is his understanding that there will be a canopy cover. Mr. Hasko reiterated there will be a canopy cover and fi.om their facility by Miller Park they will bring out storage cabinets to store things in. Mr. Hasko stated he is not sure about the frequency of their collection will be. Mr. Perlman inquired whether or not any facilities have been considered South of Delray Beach. The City Attorney suggested that this item be brought back to the Commission next week so the Solid Waste Authority can address some of the concerns and questions discussed this evening. It was the consensus of the Commission to table this item until after the Solid Waste Authority addresses some of the concerns and questions discussed this evening. 9.K PROPOSAL FOR SETTLEMENT IN FASHAW v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the amount of $12,500.00 in Fashaw v. City of Delray Beach. Staff recommendation is denial. Mr. Levinson moved to deny the proposal for settlement, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion to deny passed with a 5 to 0 vote. 9.L. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint two (2) regular members to the Code Enforcement Board with term ending January 14, 2003 and January 14, 2005, and one (1) alternate member with term ending January 14, 2005. Based upon the rotation system, the regular appointments will be made by Mayor Schmidt (Seat #5) and Commissioner Perlman (Seat #1). The alternate appointment will be made by Commissioner Archer (Seat #2). Mayor Schmidt moved to reappoint Robert Desjean as a regular member to the Code Enforcement Board for a term ending January 14, 2003, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Mr. Perlman moved to appoint Clifford Torres, Jr. as a regular member to the Code Enforcement Board for a term ending January 14, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to reappoint Russell Jennings as an alternate member to the Code Enforcement Board for a term ending January 14, 2005, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - No; Mr. Perlman - Yes. Said motion passed with a 4 to 1 -24- 02/05/02 vote. 9.M. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment for an unexpired term ending August 31, 2003. Based upon the rotation system, the appointment will be made by Commissioner Archer (Seat #2). Mrs. Archer moved to appoint Gary Rosen as an alternate member to the Board of Adjustment for an unexpired term ending August 31, 2003, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Peflman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9oN. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority for a four year term ending March 6, 2006. Based on the rotation system, the appointment will be made by Mayor Schmidt (Seat #5). Mayor Schmidt moved to reappoint Morris Weinman as a regular member to the Delray Beach Housing Authority for a four year term ending March 6, 2006, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9,0. APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint one (1) regular member to the Public Employees Relations Commission (PERC) for a four year term ending January 29, 2006. Based on the rotation system, the appointment will be made by Commissioner Archer (Seat #2). Mrs. Archer moved to appoint Lorraine Kasper as a regular member to the Public Employees Relations Commission (PERC) for a four year term ending January 29, 2006, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.P APPOINTMENT TO THE ELDER READY TASK FORCE: Appoint one (1) member to the Elder Ready Task Force for an unexpired term ending November 1, 2002. Based on the rotation system, the appointment will be made by Commissioner Perlman (Seat Mr. Perlman moved to appoint Reverend Richard Smith as a member to the Elder Ready Task Force for an unexpired term ending November 1, 2002, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. -25- 02/05/02 9.Q. APPOINTMENT TO NOISE COMPATIBILITY ADVISORY COMMITTEE (NCAC)/BOCA RATON AIRPORT AUTHORITY: Appoint one (1) member to the Noise Compatibility Advisory Committee (NCAC) for the Boca Raton Airport Authority. The term is for two (2) years. Based on the rotation system, the appointment will be made by Commissioner Perlman (Seat #1). Mr. Perlman moved to appoint Robert Langevin (Delray Beach residen0 as a member to the Noise Compatibility Advisory Committee (NCAC) for the Boca Raton Airport Authority for a two year term, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:10 p.m., the City Manager arrived and the Commission moved to Item 9.E. of the Regular Agenda. 9oE. LICENSE AGREEMENT/CAUSE EVENTS~ INC. /SPORTSFEST 2002: Consider approval of a license agreement with Cause Events, Inc. to hold a Sportsfest 2002 on Saturday, March 23, 2002 from 10:00 am until 11:00 pm at the Tennis Center. Robert A. Barcinski, Assistant City Manager, stated this is a request for Commission to approve a License Agreement with Cause Events, Inc. for the use of the Tennis Center and other City facilities for "Sportsfest 2002" to be held on Saturday, March 23, 2002 from 10:00 a.m. until 11:00 p.m. Mr. Barcinski stated Mr. Mitchell Steinberg is the promoter of the event. Mr. Perlman stated this item was on a previous agenda and commented that it was pulled. Mr. Barcinski stated Mr. Steinberg wanted to look at some of the cost issues and he was trying to finalize his plans for the event before bringing this back to the Commission. Mr. Barcinski stated Mr. Steinberg is one of the parmers for the Garlic Festival. Mrs. Archer moved to approve the License Agreement with Cause Events, Inc. for Sportsfest 2002 to be held at the Tennis Center on March 23, 2002 from 10:00 a.m. until 11:00 p.m., seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.F. NAMING RIGHTS/DELRAY BEACH TENNIS CENTER: Consider authorizing negotiation of an agreement with The Superlative Group, Inc. Consultants Inc. to act as a Non Exclusive Agent for the City of Delray Beach to sell naming rights for the Delray Beach Tennis Center. The City Manager stated there has been a lot of discussion about when to go forward with this. The City Manager stated experts indicate that the economy is going to be turning around mid-year (3rd quarter) and he would like to be in a position to be able to move forward with this. The City Manager stated staff is not asking to award the contract but is requesting the authority to negotiate a deal with the vendor who staff feels is the best. The City -26- 02/05/02 Manager this will take time to get the preparations made for the actual selling of naming rights. Mr. Levinson stated he feels it would be appropriate to do some work in terms of what the costs would be to convert the stadium to multi-use. Mr. Levinson stated the stadium may have more value to a prospect if there are more things that go on there other than tennis. Mr. Perlman asked Mr. Levinson what he means by multi-use. In response, Mr. Levinson stated it could be anything but more than likely would be entertainment events such as boxing, etc. Mr. Levinson stated he does not feel we have to necessarily do them but feels we should know what the events are. Mr. Perlman moved approval to give staff the authority to negotiate a better deal for naming rights consulting services, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item ll.A., Comments and Inquiries on Non-Agenda Items from the City Manager. ll.A. City Manager's response to prior public comments and inquiries. With regard to a concern expressed about road closure for a special event on a recent agenda where the street closure was not described, the City Manager stated since this was not a new event but an annual event it was not described. The City Manager stated staff will make sure this is done in the future. With regard to a concern expressed about the Citrus Canker ordinance, the City Manager stated the City has notified 700 businesses that need to come into compliance. The businesses had until the 1st of the month to return the required signed affidavit and each business will be given the appropriate number of decals. The City Manager stated all vehicles are expected to be identified by the end of the month. As far as notice to potentially affected neighborhoods about special events, the City Manager stated what has been done over the last six months, if there is no street closure required no notices have been sent. With regard to events on Atlantic Avenue between Swinton Avenue and the Intracoastal there is no specific notice to any homeowners' associations. However, the City has used the Citizens Watch for the geographical area covered and has also sent letters to Parking License Agreement owners in this area so they could arrange alternate parking queues, and have issued press releases. With regard to events on the Old School Square grounds, the City Manager stated the City has not sent notices to anyone, events on N.E. 2"~ Avenue (Pineapple Grove Way) the City has used the Citizen Watch and prepared press releases. On Atlantic Avenue between the Intracoastal and the ocean, the City has utilized the Citizen Watch process and prepared press releases. The City Manager stated the City failed to notify the homeowners' association for the January Art & Craft Festival and for the Turkey Trot only residents along A-1-A were notified in advance. For the events on -27- 02~5m2 Atlantic Avenue west of Swinton Avenue, letters were sent to the homeowners' associations north and south of Atlantic Avenue for the "Soul of Delray" event which will be held this month. The City Manager stated the City will still use the Citizen Watch and press releases and have also posted "No Parking - Street Closure" flyers for certain events on light poles. The City Manager stated the City will enforce the procedure to be more consistent for notifying homeowners' associations where there may be an impact to the neighborhood. At this point, the Commission moved to Item 12, First Readings. FIRST READINGS: 12.A. ORDINANCE NO. 4-02: An ordinance amending Chapter 53 of the Code of Ordinances, Sanitary Sewers, to comply with the Department of Environmental Protection regarding industrial pretreatment and sewage discharges. If passed, a public hearing will be scheduled for February 19, 2002. The City Manager presented Ordinance No. 4-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.001, "PURPOSE", TO PROVIDE A REFORMATED VERSION; BY AMENDING SECTION 53.002, "POLICY AND SCOPE", TO PROVIDE AN UPDATED POLICY; BY AMENDING SECTION 53.003, "APPLICATION OF CHAPTER", TO ADD A PROVISION ON THE ADMINISTRATION OF CHAPTER 53; BY AMENDING SECTION 53.004 "DEFINITIONS", TO READ "ABBREVIATIONS; DEFINITIONS", TO PROVIDE NECESSARY ABBREVIATIONS AND DEFINITIONS; BY AMENDING SECTION 53.005 "COMPLIANCE WITH PROVISIONS OR MORE STRINGENT REGULATIONS", TO CLARIFY THE REGULATIONS TO BE COMPLIED WITH; BY AMENDING SECTION 53.006 "DISPOSAL OF SEWAGE OTHER THAN THROUGH REGIONAL FACILITIES", BY CLARIFYING WHICH FACILITY; BY AMENDING SECTION 53.024 "CONNECTING PRIVATE SEWAGE DISPOSAL SYSTEM TO PUBLIC SEWER", TO PROVIDE FOR CONNECTION TO SEWAGE DISPOSAL SYSTEMS; BY AMENDING SECTION 53.025 "COST OF MAKING CONNECTION", TO CLARIFY WHO IS RESPONSIBLE FOR THE COST OF CONNECTING TO THE SEWER SYSTEM; BY AMENDING SECTION 53.050 "DISCHARGE OF STORMWATER AND OTHER UNPOLLUTED DRAINAGE", TO CLARIFY A DEFINED TERM; BY AMENDING -28- 02/05/02 SECTION 53.051 "PROHIBITED DISCHARGES TO SEWERS", TO PROVIDE FOR THE PROHIBITION OF CERTAIN DISCHARGES; BY REPEALING SECTION 53.052 "DISCHARGE OF CERTAIN WASTES RESTRICTED", AND ENACTING A NEW SECTION 53.052 "NATIONAL CATEGORICAL PRETREATMENT STANDARDS", TO PROVIDE FOR PRETREATMENT STANDARDS; BY AMENDING SECTION 53.053 "PRETREATMENT, EQUALIZATION OF WASTE FLOWS" TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.054 "INTERCEPTORS", TO CLARIFY THE USE OF INTERCEPTORS BY CERTAIN BUSINESSES; BY AMENDING SECTION 53.056 "ADMISSION OF INDUSTRIAL AND COMMERCIAL WASTE" TO CLARIFY DEFINED TERMS; BY ENACTING SECTION 53.057 "OIL AND GREASE MANAGEMENT AND SURCHARGE PROGRAMS", TO PROVIDE FOR THE IMPLEMENTATION OF THE OIL AND GREASE MANAGEMENT AND SURCHARGE PROGRAMS; BY AMENDING SECTION 53.060 "COMPLIANCE", TO CLARIFY A DEFINED TERM; BY AMENDING SECTION 53.063 "EXCESSIVE DISCHARGE/WATER METER REQUIREMENTS", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.064 "PREVENTION OF ACCIDENTAL DISCHARGES", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.065 "WRITTEN REPORT REQUIRED DESCRIBING CAUSE OF DISCHARGE", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.067 "NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTES", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.080 "COMPLIANCE DATE REPORT", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.081, "PERIODIC COMPLIANCE REPORTS", TO READ "REPORTING REQUIREMENTS", TO PROVIDE ADDITIONAL REPORTING REQUIREMENTS; BY AMENDING SECTION 53.082, "INSPECTION AND SAMPLING", TO PROVIDE FOR ADMINISTRATIVE INSPECTION WARRANTS IN APPROPRIATE CASES; BY AMENDING SECTION 53.083, "INFORMATION AND DATA TO BE MADE AVAILABLE", TO PROVIDE ADDITIONAL INFORMATION REQUIREMENTS; BY ENACTING SECTION 53.084, "ANALYTICAL REQUIREMENTS", TO PROVIDE FOR POLLUTANT ANALYSES; BY ENACTING SECTION 53.085, "SAMPLE COLLECTION", TO PROVIDE SAMPLING TECHNIQUES FOR DISCHARGES; BY REPEALING SECTION 53.100, -29- 02/05/02 "SPECIAL PERMIT REQUIRED; TERM", AND ENACTING A NEW SECTION 53.100 "PERMIT REQUIREMENTS", TO PROVIDE FOR PERMIT REQUIREMENTS; BY REPEALING SECTION 53.101, "APPLICATION FOR PERMITS", AND ENACTING A NEW SECTION 53.101 "PERMIT APPLICATIONS", TO PROVIDE FOR ADDITIONAL INFORMATION FOR PERMIT APPLICATIONS; BY ENACTING SECTION 53.102, "PERMIT ADMINISTRATION", TO PROVIDE PROCEDURES APPLICABLE TO THE DISCHARGE PERMITS; AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", TO PROVIDE FOR A REVISED SEWER SURCHARGE LEVELS AND TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.140 "RIGHT TO ENTER PREMISES AND OBTAIN INFORMATION CONCERNING DISCHARGES", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.141 "SUSPENSION OF WASTEWATER TREATMENT SERVICE; NOTICE TO STOP DISCHARGE; FAILURE TO COMPLY", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.150, "NOTIFICATION OF VIOLATIONS", TO READ "NOTIFICATION OF VIOLATIONS; CONSENT ORDERS", TO PROVIDE FOR CONSENT ORDERS AS A REMEDY FOR NONCOMPLIANCE; BY AMENDING SECTION 53.152 "SHOW CAUSE HEARING", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.154 "RETENTION OF RECORDS REQUIRED" TO CLARIFY A DEFINED TERM; BY ENACTING SECTION 53.155, "AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATION" TO PROVIDE CERTAIN AFFIRMATIVE DEFENSES FOR A DISCHARGE VIOLATION; BY AMENDING SECTION 53.500 "ENFORCEMENT PLAN", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.999 "PENALTIES", TO CLARIFY A DEFINED TERM; AMENDING CHAPTER SIX "INFRASTRUCTURE AND PUBLIC PROPERTY", OF THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 6.1.11 "SEWER SYSTEM", TO PROVIDE REFERENCE TO CHAPTER 53 OF THE CODE OF ORDINANCES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 4-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. -30- 02/05/02 Mrs. Archer moved to approve Ordinance No. 4-02 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 13. Comments and Inquiries on Non-Agenda Items. 13.A. CiW Manager. The City Manager stated there is a County-wide Education Commission and Ken Schultz had been the League's representative and has been replaced by Jamie Titcomb. Secondly, the City Manager stated earlier this month Commissioner Masilotti's father passed away and suggested that the Commission may want to send him a sympathy card. The City Manager stated the City met with the County recently about the parking for the library. The County has gotten to the point in the design where it is clear that there is not going to be any extra space in the two levels they plan to build. The City Manager stated the City has asked the County to give the City the cost for securing the foundation for adding a third level. The City Manager stated the County is talking about trying to start the project in November although he feels this is a little optimistic. Nevertheless, the City Manager stated the project is moving along and part of it is the agreements between the City, the library, and the County on how this is going to work. Mr. Levinson asked if the two levels include parking for the library. In response, the City Manager stated there are 170 spaces for the library and there are approximately 400 spaces for the Courthouse. Mr. Levinson asked if the City is intending to negotiate that the City or library will have use of those spaces off the City's spaces. The City Manager stated there is still the same underlining agreement that is there now for the surface part. The City Manager stated one thing that is being negotiated is the agreement currently does not allow the City to charge for the parking. Therefore, the City Manager stated the City has asked the County to make a specific exemption for the professional tennis tournament which is a week long event. Because this is week long event, the City Manager stated the City has to staff it to keep people from parking there while the Courthouse is conducting business so the County Commission will ultimately need to approve this and will need to allow the City to charge $7.00 for parking for this event. 13.B. City A~orne¥. The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.1. CiW Commission. Commissioner Archer -31- 02/05/02 Mrs. Archer stated she would like to revisit or take some measurement of how successful the change in the dog walking ordinance has been on the beach. She would like the City to evaluate this to see how effective the change in the ordinance has been. Secondly, Mrs. Archer commented that she received word from individuals from the Chamber of Commerce regarding a potential conflict the weekend of the Delray Affair and the use of the tennis stadium the same weekend Venus and Serena Williams will be here. Mrs. Archer stated she understands that this was necessary to do this in order to maintain the venue at the tennis stadium. Mrs. Archer feels it is important to make note of this so that it may not happen again. Mrs. Archer stated she spoke to the City Manager regarding this who indicated that it was unavoidable this year. The City Manager stated the City will do everything in its power to prevent this from happening again. Mrs. Archer stated she was very proud that Delray Beach was one of only a few cities to hold a Martin Luther King celebration. 13.C.2. Commissioner Perlman Mr. Perlman stated at the CRA meeting last week, the members of the CRA discussed a need for a comprehensive parking strategy. Mr. Perlman stated the members felt the City is making strides in doing things with the Presbyterian Church lot and is pleased with the progress. However, Mr. Perlman commented the members are still looking for a more comprehensive look at the parking issues. Mrs. Archer commented that this is underway by the Parking Management Advisory Board and Scott Aronson, Parking Management Specialist. Mr. Perlman stated the last couple of weeks he has attended the green market and walked around the downtown at various times and commented how thrilled he is to see so much activity downtown. Mr. Perlman stated he is so impressed with what he has seen in terms of activity in the downtown area and feels the City should be quite proud. Mr. Perlman thanked the City staff for their concern and condolences over the loss that his family sustained Sunday morning. He extended a special thanks to Jim Tabeek, Charlie Stravino, Chief Koen, and Dolores Rangel for coming to the hospital and for all the telephone calls he has received. Mr. Perlman commented his father is still in critical condition and thanked everyone for their prayers and thoughts. 13.C.3. Mayor Schmidt Mayor Schmidt stated as Commissioner Perlman pointed out at the Regular City Commission Meeting of January 8, 2002 about doing some follow-up with the CRA after the Joint Planning Session, Mayor Schmidt stated he had a meeting approximately a week ago with Diane Dominguez, Lamar Shuler, John Weaver, and Rosalind Murray just to make sure everyone is on the same page where the City is going with this. Secondly, the West Atlantic Avenue Redevelopment Coalition (WARC) is on target to have their budget requests in by May so that it can be part of the City's budgetary -32- 02~5~2 process. Mayor Schmidt stated the CRA is having some neighborhood meetings later this month and they will be coming to the City in March to report on this and their community outreach strategy in which the City has requested them to do. Mayor Schmidt stated there is a six-month follow-up in the plan and there has been some discussion about the idea of having a working lunch one day with the three Boards to get an update. Mayor Schmidt stated since he did not get the chance at the Annual Town Hall Meeting, he would like to take the opportunity now to compliment staff and feels the Annual Report turned out very well. Mayor Schmidt stated he has been invited to participate in the Annual Meeting of the Rubin Askew Institute of Government at the University of Florida in Gainesville. 13.C.4. Commissioner McCarthv Ms. McCarthy commented that the last Palm Beach County Black Elected Officials Meeting was held at Theresa LePore's new building on Military Trail and Ms. LePore made them aware of the fact that for absentee ballots a scanner system wilI be used and directions are already in Spanish. Ms. McCarthy stated for the fall election the directions will be in Creole as well. Secondly, Ms. McCarthy stated for the month of February they will be going to different churches throughout Palm Beach County in honor of Black History Month. On February 17th' MS. McCarthy stated the Supervisor of Elections will be at Lake Ida Church of Christ located at 1300 Lake Ida Road with the new voting equipment. After the church session, Ms. LePore will be there with the voting machines as well. Ms. McCarthy stated people who were not able to come to City Hall this evening will have another opportunity to practice with the new voting equipment on Sunday afternoon from approximately 12:00-2:30 p.m. Ms. McCarthy stated Scott Madix showed up at the Palm Beach County Black Elected Officials Meeting and announced that he is going to run for Attorney General. Ms. McCarthy stated she sat in on a West Settlers Association Meeting and under the La France Hotel the association has taken the position that in their historic district at this time they would prefer using something other than a traditional housing place for this landmark building. Ms. McCarthy stated the West Settlers Association will be having additional meetings with regard to this. Ms. McCarthy commented on the Delray Rocks and stated for many years they have groomed young people and have won trophies year after year showing they have been champions. Ms. McCarthy stated this year prior to their Daytona trip the members of the Delray Rocks were strapped for funds. She asked if there is something that this organization can do differently so they do not incur this stress which impacts these young people who work so hard throughout the year to get to the championships thinking that they will not be able to attend the championships because of financial endeavors. -33- 02/05/02 The City Manager stated the City provides the transportation and in the bus leasing budget, it includes leasing buses to transport the Delray Rocks to their games. The City Manager stated the Delray Rocks had trouble raising money for meals and overnight stays which the City has never funded. With regard to the Annual Martin Luther King Walk and Celebration, Ms. McCarthy stated a group know as the "Masons" out of the Masonic Halls and Temples came from as far as Belle Glade to participate in the walk and feels this is a fine indication of our leadership. Ms. McCarthy stated she is not sure if any follow-up has been done to thank our local chapters and noted former Commissioner Weatherspoon is part of that organization. Furthermore, Ms. McCarthy stated she was truly impressed with the fact that the "Masons" traveled so far to be a part of the celebration. 13.C.5. Commissioner Levinson With regard to the Annual Report, Mr. Levinson stated it was great and the City should be very proud. He congratulated all the staff who worked on the Annual Report. Secondly, Mr. Levinson stated he watched a tape of the tribute to New York City because of the 9-11 disaster. Mr. Levinson commented that Delray Beach received national attention in a good way at this event held at Madison Square Garden. Mr. Levinson stated his college roommate, who is a New Yorker, informed him everyone is talking about living in Delray because of the downtown and sense of community. Mr. Levinson stated the fame of Delray extends beyond the walls of Palm Beach County and feels Delray Beach should be very proud. Mr. Levinson stated he was very proud that the City of Delray Beach was one of only three cities in Palm Beach County who celebrated Martin Luther King Day. There being no further business, Mayor Schmidt declared the meeting adjourned at 8:45 p.m. City Clerk ATTEST: MAYOR -34- 02/05/02 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on February 5, 2002, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions. -35- 02/05/02 FEBRUARY 12, 2002 A Special Meeting of the City Commission of the City of Dekay Beach, Florida, was called to order by Mayor David Schrnidt in the First Floor Conference Room at City Hall, Tuesday, February 12, 2002, at 6:00 p.m. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schrnidt Absent - None Also present were - City Manager David T. Harden City Attorney Susan A. Ruby Deputy City Clerk Angela Wong The City Manager, David T. Harden, announced the removal of Item No. 2, Solid Waste Authority Interlocal Agreement/Temporary Use Permit. Mayor Schmidt called the meeting to order and announced that it had been called for the purpose of considering the following items: RESOLUTION NO. 11-02: Consider approval of Resolution No. 11-02 authorizing the City of Delray Beach to issue Revenue Bonds not to exceed $22,000,000 for the purpose of financing the cost of land acquisition with respect to Atlantic High School, the City's Beach Re-nourishment Program, and parking facility improvements at the Del_ray Beach Library with SunTrust Bank. Joseph Safford, Finance Director, introduced the item and explained that before the Commission is Resolution No. 11-02 which authorizes the financing of $22,000,000 with SunTrust Bank, which was awarded at the February 5, 2002 City Commission meeting. Mr. Safford explained that the resolution sets the terms and conditions for the financing which was prepared by the Bond Council. He continued to state, based upon the bad, the money could not be drawn on unttl an agreement had been entered into with the Palm Beach County School Board. The City could not accept the condition due to the Beach Re-nourishment Project and a pornon of the land acquisinon would pre-date the agreement with the School Board. Negotiations have been underway to obtain better terms and conditions for the financing of the funds. SunTrust Bank subrmtted a proposal to allow the City to draw 11.5 million on the Line of Credit without an executed agreement with the School Board, which will allow the City to expend money relative to the Tate property in the amount $6.4 milhon, the Beach Re-nourishment Project in the amount of $4.1 milhon and the Parking Improvements relative to the South County Courthouse and Delray Beach Lsbrary of $1 million. In addition, the language allows the City to draw on the remaining 10.5 milhon on the Line of Credit without an executed agreement between the Caty and School Board if the bank agrees to at. Mr. Safford continued to state all other items are traditional financing items and do not need to be discussed. In response to Ms. McCarthy's question as to why the Beach Re-nourishment Project and Parking Improvements have to be packaged together with the Land Acquisition financing, Mr. Harden responded by stating the City would be able to save issuance costs and legal costs if financed together. Ms. McCarthy required if it was possible for the Bank to issue a wrap-around loan that is similar to a construction loan. Mr. Harden responded by stating the City does not have to use any of the funds if it is not needed, and funds will be drawn on what is actually needed. Mr. Safford explained the Beach Re-nourishment Project funding in the amount of $4.5 million will be borrowed to up-front the cost of the project. The expenses will be 100% ren'nbursed by the Federal, State and County governments once the project is complete. Mr. Harden stated there is no prepayment penalty, which is one of the conditions of the financing because if the City proceeds with the land acquisition and the land was sold back to the School Board, the timing is unknown. Therefore, the financing is structured to where the money is available ff and when it is needed. It can be repaid at any time whether the money is reimbursed or permanent £mancmg is entered into. Mr. Safford continued to explain if there are any problems encountered where the City needs the financing and the bank would not authorize the City to draw on the $10.5 milhon, then the financing would be turned into a bond anticipation and the City would sell bonds if necessary. In response to Mr. Perlman's quesuon as to how much public parking will be achieved, Mr. Harden explained that Palm Beach County's plans as they have been developed show no public parking. There will be 170 spaces for the Delray Beach Library and over 400 for the South County Courthouse. The City has asked from Palm Beach County for a cost to strengthen the foundatton in order for a third level to be added at a later date if so destred. The $1 mdlion was based on obtaining 60-70 parking spaces. The cost of strengthening the foundation should be considerably less than $1 million, but the cost has not been received yet. If no public parking is acquired, than there is no expense to the City for the project and all costs will be paid by Palm Beach County and the Library. The City will continue to have the use of the parking spaces during the weekend and evenings. The existing use agreement for the courthouse parking would apply to the parking deck as well as the existing surface parking. Mr. Harden responded to Mr. Perlman's question as to when the plans will be final/zed with Palm Beach County by stating that the County is hopmg to begin constructton m November and will have within 60 days prehminary plans developed at a point where they can be presented to SPRAB and obtain site plan approval. Mr. Harden confirmed Mrs. Archer's statement that the City will have expenses if the City desires to have the foundation strengthened or to add public parking at a later date. If that is not the decision, than there will be no expense to the City. Mrs. Archer inquired whether the City will have any input into the development of the plan if the City decided to strengthen the foundauon and to verify that the fixst floor is high enough to include bus or trolley traffic. Mr. Harden replied by stating any configuration the City desires would be at the City's expense. He continued to state the courthouse only needs surface parking, so that is what Palm Beach County is wiihng to put into the project. The difference between the surface parking and the construction of one level is being paid by the l_abrary. -2- February 12, 2002 In response to Mr. Perlman's inquiry as to how many parking spaces the Library currently has, Mr. Harden stated there are very few dedicated to them, possibly around twenty parking spaces. Mrs. Archer stated that she has a basic problem with the funding; the City is authorizing a total of $16 million for land acquisiuon and has no idea whether or not the School Board is going to consent to use the land. Mayor Schrmdt stated that the City does not have to borrow funds if the School Board does not consent. Mrs. Archer exclaimed that the School Board has not taken any position, they are not going to take a position, the City is taking a position, and the City is taking all the heat. Mrs. Archer questioned why the delay m taking this posiuon, why the School Board, when they originated the concept, is not here, and why is the City racing ahead to approve $16 million when City doesn't know what the School Board will do. The School Board could eventually decide against the purchase and walk away, and the City does have expenses involved. Mrs. Archer questioned if the City would have the same amount of expenses if approving funding for only the Beach Re-nourishment and Parking Improvements. Mr. Safford responded by stating it would be a less, but the major cost would be based upon how much is drawn on the Line of Credit due to the interest cost. If the City does not proceed with the agreement with the School Board, the City will not draw on money and no interest will be applied. Mr. Levinson commented that the City locks into a low rate, and reiterated if the City does not draw on the funds, than the City does not pay. In addition, Mr. Levinson announced the School Board will make a decision next Wednesday night, therefore the City will know where the school will be built. Mr. PerIman inquired about an article he had read in the Palm Beach Post regarding the City Commission voting on a subject regarding Breezy Ridges next Tuesday night. Mr. Harden replied by stating it was an error by the Palm Beach Post and a correction will be printed. Mayor Schmidt made a motion to approve Resolution No. 11-02, seconded by Commissioner Levinson. Upon roll call, the Commission voted as follows: Mr. Perlman ~ Yes; Mrs. Archer - No; Mr. Levinson - Yes; Ms. McCarthy - Abstained; Mayor Schtmdt - Yes. Said motion passed with a 3 to 1 vote. REQUEST FOR LOAN/SOUL OF DELRAY: Consider a request from the Soul of De/ray Committee for a $30,000 loan associated with admimstrafive and producuon costs for the "Celebrate the Soul of De/ray" event to be held on Saturday, February 16, 2002 Robert Barcinski, Assistant City Manager, introduced the item and explained that before the Comrmssion is a request from Mr. Clay Wldeman on behalf of the Soul of De/ray for a one-time grant in the amount of $30,000 to assist in covering the expenses associated with the administration, entertainment, and production costs for the event. Mr. Barcinski stated the estimate of revenues and expenses for the event ss a result of a meeting held late yesterday afternoon with Mr. Wldeman, Ms. Murray, the production company and himself. The two grants, one from Palm Beach County in the amount of $20,000 and a second from The Cultural Council, will be up-fronted by the Downtown Development Authority (DDA) under certain conditions. Mr. Barcmski introduced Mr. Wideman if there are any quesnons from the Cormmsslon. In addition, some of the sennce contracts had already been committed to by Mr. Wideman. -3- February 12, 2002 In response to the Commission's question as to how much money is currently available in the budget, Mr. Harden explained m the Special Events contingency, there are $3,250 and a contingency in grants of $6,000 for a total $9,250 in available funds. Mr. Harden continued to state the City is looking at a potential revenue shortfall that is slgmficant and he could not recommend spending money that is not budgeted at this point. Mr. Levinson explained that he had a conversation with Mr. Wideman and has followed the event for the past couple of years. Mr. Levinson suggested since the event xs in four days and the City is in an un-enviable positxon, the City should look at providing a loan to Mr. Wideman which would have some expectation of repayment. The same arrangement was made with SPADY and EPOCH, and it would provide an answer to the situation w~thout expensing funds, which would be a bad precedent, with the expectation that the event would do better with sponsorships flus year and hopefully better with income as well. Mr. Perlman expressed the event was great in previous years and the City is trying to do more for West Atlantic Avenue, but he ~s upset that the Commissxon is notified about flus situatton four days prior to the event. Mr. Perlman continued by questioning whether the event needs $44,000 for entertainment plus costs. Mr. Levinson added that he believed the DDA has reviewed the contracts for entertainment. Discussion followed regarding sponsorship in premous years for the event. Mr. Harden explained that the City's experience with loans and non-for-profit cultural groups has not been good. The City has eventually had to write-off loans because of having no hope the loans would ever be repaid. Mrs. Archer added that she sees no income to repay the loan, and if there is another event, the City will be in the same sxtuation. Mr. Wideman expressed his feelings and the importance of the event. He continued to state the Delray Merchant's Assocmtion (DMA) has worked on the event since July 2001 and everything was moving fairly smoothly. Local churches, residents and businesses have donated to the event as well as him. Mr. Wideman introduced James Thomas as also one of the individuals who assisted in promoting the event and Unique Productions as well. Mayor Schmidt inquired as to the City's expectations of repayment of the loan i.e. who would be repaying the loan and how long it would take to repay the loan. The Commission has to be able to answer these questions for the taxpayers in the City. Mr. W~deman responded by stating a loan is a good idea and he would use Ms word as Ms bond. He feds confident that the funds will be collected by Saturday for repayment of the loan. Mr. Wideman added that he would request a one- year term on the loan. Mr. James Thomas, WDDR-Miami, stated that without receiving any funds, his station assisted by promoting the event, which is worth $30,000-$40,000 in in-kind sermces. Mr. Thomas suggested to Mr. W~deman that his station will promote, at no cost, furore events who w~ll serve as fundraisers for the Soul of Delray event. The event has been promoted over the last month with Shirley Caesar and The Spinners as entertainers for the event, and a radio station, WFFL, out of Fort. Pierce and White City will be transporting people to Delray for the event. February 12, 2002 Mrs. Archer expressed concern regarding past and current funding for the event. Mrs. Archer made a motion to provide the DMA with a $10,000 grant and a $20,000 loan to be paid off in two years. This was followed by discussion regarding up-front funding and contractual obligations for the event. Mr. Perlman questioned the need for $44,000 in entertainment costs, and if the entertainers chosen are really necessary. Mr. Thomas replied by saying the entertainment was cut back to only three entertainers geared towards adults and spiritual performers. Mr. Perlman stated that the City recently approved approximately $13,000 in in-kind services which would bring the total to $43,000 that the City would be investing in the event. Mr. Wi&man requested from the Commission to give the DMA one year to repay the loan and charge interest if the City desires. Mr. Levinson stated he would like to speak against the motion and see the Commission make the full $30,000 a loan. In addition, Mr. Wideman would be requested to institute a program where booths would be set up during the event for voluntary donations. Mr. Levmson stated he would like to vote against the motion and substitute it with a motion that the $30,000 be a loan, but the Delray Merchant's Association should try their best to generate donations and fundraise at the event. The loan would have a term of one-year. There was continued discussion regarding fundraising for the event. Ms. McCarthy inquired about past revenues that were raised from events and contractual obligations with the artists. Mr. Thomas explained that the contracts have been executed and deposits have been paid to secure the artists for the event. In addition, if the arusts were cancelled, no momes would be contractually obligated other than what has already been paid as a deposit. Any contractual obligattons would also fall upon Mr. Wideman as the signer of the contracts, not the City. Ms. McCarthy asked whether or not there is a financial contractual obkgation to the performers for payment of the $43,000 if the contracts were cancelled. Mr. Wxdeman responded by stanng he is unsure if there is any financml obligation. Mrs. Archer pointed out $41,000 comes from two grants and the only other income is $4,000 from carryover funds and $1,000 from sponsor income, so she assumes there has been no fundraising revenue. There was brief discussion regarding fundratsing attempts by the DMA. Mayor Schmidt added that the Sister Cittes Committee has made some commitments, which xs why he would support Mr. Levinson's suggestion. Ms. McCarthy expressed the importance of fundraising during the event and she would agree the entire amount should be a loan with interest of some sort attached. In ad&don, the DMA should involve other agencies to assist in fundraising and they will be held accountable for responsibility of fundra~sing also. Mrs. Archer wathdrew her previous motion with the understanding that she would not like to see this situation happen again and would like to see at least 50% of the budget raised before the DMA requests permission to hold the event in the future. In additmn, Mayor Schmidt suggested for the DMA to consider an admission charge if the event turns out to be as successful as anuc~pated. February 12, 2002 Mr. Levinson moved to agree to loan to the Delray Merchant's Association the sum not to exceed $30,000, that repayment be made within one year, that no interest be charged on the loan for the first year, and that the Delray Merchant's Association make a credible effort to seek contributaons at the event through announcements on the stage, through proper placement donation booths throughout the event., seconded by Commissioner Archer. Upon roll call, the Comrmssion voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Sa~d morton passed with a 5 to 0 vote. There being no further business, Mayor Schrmdt declared the Special Meeting adjourned at 6:55 p.m., at which ume the Commission convened to the regularly scheduled Workshop Meeting. ATTEST: City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Comtmssion held on Tuesday, January 15, 2002, wluch Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may revolve amendments, additions or deletions to the Minutes as set forth above. -6- February 12, 2002 WHEREAS, the American Legion is an organization of United States Veterans of War dedicated to the concept of a continuing service to God and Country; and WHEREAS, the Congress of the United States chartered the American Legion in 1919 shortly after World War I; WHEREAS, the American Legion has achieved a position of high esteem through its active pursuit of programs of service designed for the benefit of community, state and nation; and WHEREAS, the United States Veterans Bureau, forerunner of the Veterans Administration (subsequently the Department of Veterans Affairs) was created in 1921 as a result of efforts by the American Legion; and WHEREAS, the American Legion also authored the first draft of the Serviceman's Readjustment Act, popularly known at the Gl Bill of Rights, passed by the U.S. Congress in 1944; and WHEREAS, the American Legion's primary mission is to help American veterans and their families, as well as American children and youth and they will celebrate their 83r~ Anniversary, March 17, 2002 and March 18,2002. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week of March 17, 2002 through March 23, 2002 as AMERICAN LEGION BIRTHDAY WEEK in the City of Delray Beach, Florida, and call upon all citizens, business firms, and organizations to join in paying tribute to the good works of the American Legion 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 19h day of February, 2002. DAVID W. SCHMIDT MAYOR WHEREAS, the Florida Beach Patrol Chiefs Assocmuon is a professional orgamzauon to promote and further ocean hfesawng throughout the State of Florida; and WHEREAS, hfeguards super~se the pubhc's safe use of Florida's beaches along 1,800 males of shoreline on two coasts, and Delray Beach Ocean Rescue Division is one of many ocean rescue agencies m the State; and WHEREAS, the City of Delray Beach Parks and ReczeaUon Department, Ocean Rescue Division, won the Florida Beach Patrol Chiefs Assocmnon 2001 Beach Patrol of the Year Award; and WHEREAS, the 2001 Beach Patrol of the Year Award is based upon training, educatton, certtficauon, skills and physical performance, pubhc safety educataon, paruclpauon m special events and overall beach operanons; and WHEREAS, the Delray Beach Ocean Rescue Division won the Beach Patrol of the Year Award m 1995 and 1999 and is the only ocean rescue agency to wm ti-as award three tmaes, and WHEREAS, all Ocean Rescue staff are Emergency Mechcal Techmclans and the Division has attained the Open Water Lifesaving Advanced Agency Cemficauon from the Umted States Lifesaving Assocmtton; and WHEREAS, the involvement and acbaevements of the Delray Beach Ocean Rescue Division have generated much civic and community pride, NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the C~ty of Delray Beach, Florida, on behalf of the City Commasston and the cluzens of DeLray Beach, hereby recogmze and commend the men and women of the Ocean Rescue Division. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach to be affixed flus 19th day of February, 2002 MAYOR Da,nd W Schrmdt WHEREAS, Macular Degeneration affects more than one million residents of Florida; and WHEREAS, Macular Degeneration causes a progressive loss of central vision and is the leading cause of blindness in people over the age of 55; and WHEREAS, The Foundation Fighting Blindness is working to find the treatment and cure for Macular Degeneration and all retinal degenerative diseases; and WHEREAS, awareness of the symptoms and problems associated with Macular Degeneration can lead to early detection and possible treatment; and WHEREAS, The Foundation Fighting Blindness is holding the "Swing for Sight" dinner on April 14, 2002 to raise funds and awareness to fight Macular Degeneration. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May 1, 2002 as MACULAR DEGENERATION RECOGNITION DAY in the City of Delray Beach, Florida, and extend our best wishes for a successful event in support of The Foundation's efforts to conquer this dreaded disease. 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 19th day of February, 2002. DAVID W. SCHMIDT MAYOR WHEREAS, the Charter of the City of Delray Beach, Flodda, provides for the calling of a First Nonpartisan Election for the purpose of electing officers of the City and such other purposes as the Commission may prescribe; and WHEREAS, pursuant to said Charter provisions, it is provided that a First Nonpartisan Election shall be held on the second Tuesday in March of each year. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby call for such First Nonpartisan and Special Election to be held on Tuesday, March 12, 2002, between the hours of 7:00 a.m. and 7:00 p.m., with all the precincts and polling places in the City of Delray Beach, as designated by the Supervisor of Elections for Palm Beach County, being as follows: Precinct No. Pollin; Place 166&166A 166B 165C 170 171,171D 171A 171B 171C 172 172A,B,C,D 173 174,174B 174A 174C 175 175A 176 176A,177 176B 178 178A 179 189&190 Lakeview Baptist Church, 2599 N. Swinton Avenue Pines of Delray North Clubhouse, 1641 NW 18~ Avenue Country Manors Clubhouse, 4900 Country Manors Blvd. Church of the Palms, 1960 N. Swinton Avenue Delray Beach Municipal Golf Course, 2200 Highland Avenue Banyan Creek Elementary School, 4243 Sabal Lakes Road Temple Sinai, 2475 West Atlantic Avenue West Park Baptist Church, 4004 Lake Ida Road Pompey Park Recreation Center, 1101 NW 2nd Street Library at Crest Theatre-Old School SCl~are, 51 N. Swinton Avenue Delray Full Service Center, 301 SW 14~' Avenue St. Paul's Episcopal Church, 188 S. Swinton Avenue (Temporary re-location) Sun Sentinel Building, 3333 South Congress Avenue Abbey Delray South, 1717 Homewood Boulevard Community Center, 50 NW 1st Avenue Library at Crest Theatre-Old School Square, 51 N. Swinton Avenue Temple Sinai, 2475 West Atlantic Avenue Emmanuel Catholic Church, 15700 Military Trail Orchard View Elementary School, 4050 Old Germantown Road Boca-Delray Church of Chdst, 620 Bluebird Ddve Lake Delray Apartments, 700 Lindell Boulevard Pines of Delray Clubhouse, 2451 Black Olive Boulevard Adult Recreation Center, 802 NE 1st Street All qualified electors of the City of Delray Beach, Florida, shall be qualified to vote in such election. 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 19t' day of February, 2002. DAVID W. SCHMIDT MAYOR WHEREAS, the Sister City Program was imriated by President Dwight D. Eisenhower in 1956 as an avenue to open communication and a means to promote ftienclslup and understanding between nations and lessen the chance of future world conflicts; and WHERF_a~, the Szstex City program serves as a long-term partnership between two communities in two countries. A sister caty relationship becomes officml with the s~gning of a spec~l resolunon by the top-elected official of the two jurisdicnons following approval by the local city councils; and WHEREAS, to that end, the City of Delray Beach, Florida and Moshi, Tanzania, East Africa established a Sister City affihauon in September, 1999 in hopes that it will be a lasting friendship between our two dries; and WHERF_.JkS, as a part of the mission to promote friendsh,p and establish a meaningful relataonshtp with Mosba, Tanzania, the Dekay Beach Sister C~fies has pledged to support the Moshi C~ty hbrary's needs for assistance with fatality renovauon, books, book shelves, and computers, and WHEREAS, to enhance the efforts of Delray Beach Sister Cities and broaden the fnendsbap ties, the members of Boy Scout Troop 340 of Delmy Beach is donating a computer to the children of Mos}fi, Tanzania; and WHEREAS, local residents Beverly Hosokawa, Kamna Kacandes and Alice Lee are prepanng for a }ourney to Moshi, Tanzania, to personally dehver this computer and convey gooa~. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and all of the citizens of Delray Beach do hereby declare BEVERLY HOSOKAWA KATRINA KACANDES and ALICE L~.E to be FRIENDSHIP AMBASSADORS as they extend their hands in friendship and peace and wish them a safe trip as they embark on their endeavor of delivering a much needed computer to the children of Moshi, Tanzania. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Officaal Seal of the City of Delray Beach, Florida, to be affixed the 19~h day of February, 2002. DAVID W. SCHMIDT MAYOR RESOLUTION NO. 22-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE CONTINUED FUNDING SUPPORT AND EASE OF PERMITTING OF BEACH RENOURISHMENT PROJECTS IN COASTAL MUNICIPALITIES IN THE STATE OF FLORIDA. WHEREAS, beach renounshment ~s important because it provides valuable storm protection benefits for public and private property and th~s property is some of the most valuable real estate m Florida from a tax base standpoint; and WHEREAS, beach renourishment promotes healthy beaches vital for endangered sea turtle nesting: WHEREAS, beach renourishment promotes healthy beaches which contributes to a healthy economy; and WHEREAS, all beach renourishment projects are required to be economically justified and therefore provide a positive benefits to cost ratio; and WHEREAS, beach renourishment promdes incidental recreational benefits for the citizens and tourists of the State of Florida: and WHEREAS, the State of Florida can facilitate beach renourishment projects by continuing to fund these projects at a level consistent with the essential needs of coastal regions; and WHEREAS, beach projects can be completed without environmental damage or with appropriate mitigation; and WHEREAS, permttting should be made easier to facilitate the faster completion of environmentally responsible projects and the Federal and State perrmt requirements should be coordinated for conszstency; and WHEREAS, areas downdrift from inlets should receive special consideration for projects mitigating inlet-cause erosion; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: RESOLUTION NO. 23-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE REORGANIZATION OF THE WINDSTORM INSURANCE PROTECTION BUSINESS AS STATED IN HOUSE BILL 1361. WHEREAS, CPIC (Citizens Property Insurance Corporation) would be the resulting entity of the merger between the FRPCJUA and the FWUA; and WHEREAS, customer service would greatly improve because customers would no longer have to deal with two companies and would have the opportunity to maintain their relationship w~th the current agent and insurer; and WHEREAS, there would be significant tax savings as Citizens is structured to be a tax-exempt entity; and WHEREAS, subsidy would be reduced as CPIC would reduce the need for assessments by allowing the residual market surplus to accumulate tax-free while ensuring that its rates cannot be less than the voluntary market and would also create a broader and more equitable assessment base by including surplus lines insurers and policyholders. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City of De[ray Beach endorses proposed legislation that would create the Citizens Property Insurance Corporatton to be considered by the Florida Legislature in 2002. Section 2. The City Clerk is hereby directed to provide copies of the resolution to Rep. Jeff Atwater, Palm Beach County League of Cities, the Florida League of Cities, and Governor Jeb Bush. PASSED AND ADOPTED in regular session on this the 19d day of February, 2002. ATTEST: MAYOR City Clerk qL MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSION CITY MANAGER ~ AGENDA ITEM ~fPt -REGULAR MEETING OF FEBRUARY 19, 2002 APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN AND SPE{~IAL ELECTION February 15, 2002 This is before the Commission to approve the list of poll workers for the First Nonpartisan and Special Election to be held on March 12, 2002, and to direct the City Clerk to select a sufficient number of clerks, inspectors and laptop workers from the list to work during the election, pursuant to Section 34.02 of the City Code. The list is attached for your review. Recommend approval of the poll workers with direction to the City Clerk to select a sufficient number of workers for the municipal special election on March 12, 2002. RefiApprovalPollworker~ Title First Last Address Precinct Precinct Precinct Precinct No Name Address Ph Ms. Dolores Ingm 9557 Cherry 176B Orchard 4050 Old 279-1770 Blossom Ct. View Germantown Boynton Elementary Road, Delray Beach, FL School Beach, FL 33445 33437 Mr. David Fromm 15144 176B Orchard 4050 Old 279-1770 Ashland St. View Germantown Delray Elementary Road, Delray Beach, FL School Beach, FL 33445 33484 Ms. Shirley Berkeley 5663 Wallow 176B Orchard 4050 Old 279-1770 Creek Lane View Germantown Delray Elementary Road, Delray Beach, FL School Beach, FL 33445 33484 'Ms. Renee Blum 15011 166 Lakeview 2599 No Swinton 276-3937 Ashland Baptist Avenue, Delray 274-8527 Circle Apt # Church Beach, FL 33444 18 Dekay Beach, FL 33484 Ms. Beatrice West 814 NW 4t~ 166 Lakewew 2599 No swinton 276-3937 Avenue Baptist Avenue, Delray 274-8527 Delray Church Beach, FL 33444 Beach, FL 33444 Mr. Raymond Fried 6650 South 166 Lakeview 2599 No Swmton 276-3937 Oriole Blvd Baptist Avenue, Delray 274-8527 Delray Church Beach, FL 33444 Beach, FL 33446 Ms. Anita Berliner 15144 166A Lakeview 2599 No Sw~nton 276-3937 Ashland St. Baptist Avenue, De[ray 274-8527 Delray Church Beach, FL 33444 Beach, FL 33484 Mr. Daniel Friedenveich 14251 E1 166A Lakewew 2599 No Swmton 276-3937 Clavel Way Baptist Avenue, Delray Delray Church Beach, FL 33444 Beach, FL 33484 Ms. Sylvia Cassfllo 1421 NW 166B Pines of 1641 NW 18th 278-1212 20th Avenue Delray Avenue, De[ray Apt # 201 North Beach, FL 33445 Dekay Beach, FL 33445 Ms. Angela Quaranta 1940 NW 166B Pines of 1641 NW 18th 278-1212 13th Street Delray Avenue, Dekay Delray North Beach, FL 33445 Beach, FL 33445 Mr. Milton Drucks 5111-D 166B Pines of 1641 NW 18t~ 278-1212 Nesting Way Delray Avenue, Delray Delray North Beach, FL 33445 Beach, FL I 33484 Ms. Dorothy Ford 624 166C Country 4900 Country 498-8300 Hummingbird Manors Manors Blvd., 499-4926 Lane Association Delray Beach, FL Delray 33445 Beach, FL 33445 Ms. Marie Spaziano 334 Flarmngo 166C Country 4900 Country 498-8300 Lane I Manors Manors Blvd., 499-4926 Delray Association Delray Beach, FL Beach, FL 33445 33445 Mr. Joseph J. Farrell 205 Cardinal 166C Country 4900 Country 498-8300 Lane ~ I Manors Manors Blvd., 499-4926 Dekay I Association Dekay Beach, FL Beach, FL I 33445 33445 Ms. Rena H. Gregory 222 South 170 Church of 1960 North 276-6347 Seacrest,i the Palms Swmton Avenue, Circle I Delray Beach, FL Delray 33444 Beach, FL 33444 Ms. Louise J. Carter 216 NE 5th 170 i Church of 1960 North 276-6347 Terrace the Palms Swinton Avenue, Delray Delray Beach, FL Beach, FL 33444 33444 Mr. Donald Presel 14079-D 170 Church of 1960 North 276-6347 Nesting Way the Palms Swinton Avenue, Delray Delray Beach, FL Beach, FL 33444 33484 Mr. Gilbert Berliner 15144 17lB Temple 2475 West 276-6161 Ashland I Sinai Atlantic Avenue, 272-5415 Street Apt # I Delray Beach, FL 266 i 33445 Delray Beach, FL 334 Ms. Barbara Schindler 16 Piedmont 17lB i Temple 2475 West 276-6161 A ' Sinai Atlantic Avenue, 272-5415 Delray Delray Beach, FL Beach, FL 33445 33484 Ms. Helen Yorkflous 1340-A H~gh 17lB ' Temple 2475 West 276-6161 Point Way SE Sinai Atlantic Avenue, 272-5415 Delray~ Dekay Beach, FL Beach, FL ! 33445 33445 i Ms. Dorothy Zeller 5145-D NW 176 Temple 2475 West 276-6161 3rd Street Sinm Atlantic Avenue, 272-5415 Delray Delray Beach, FL Beach, FL 33445 33445 Mr. Jerry Davis 5110-A 176 Temple 2475 West 276-6161 Nesting Way Sinai Atlantic Avenue, 272-5415 Dekay Delray Beach, FL Beach, FL 33445 33484 Mr. A1 Berman 14386 176 Temple 2475 West 276-6161 Campanelli Sinai Atlantic Avenue, 272-5415 Drive Dekay Beach, FL Delray 33445 Beach, FL 33484 Mr. Martin Zabm 2438 NW 17lA Banyan 4243 Sabal Lakes 243-1575 10~ Street Creek Road, Delray Dekay Elementary Beach, FL Beach, FL School 33445 33445 Mr. Stan Kalla 10213 17lA Banyan 4243 SabalLakes 243-1575 Lexington Creek Road, Delray Lake Blvd Elementary Beach, FL Boynton School 33445 Beach, FL 33436 Ms. Ann Schofield 5165 NW 3rd 17lA Banyan 4243 SabalLakes 243-1575 Street, Apt B Creek Road, Delray Delray Elementary Beach, FL Beach, FL School 33445 33445 Ms. Rose Port 6844 17lA Banyan 4243 SabalLakes 243-1575 Grenelefe Creek Road, Delray Road Elementary Beach, FL Boynton School 33445 Beach, FL 33437 Ms. Alice M. Schultz 5683 Emerald 171C West Park 4004 Lake Ida 496-3928 Cay Terrace Baptist Road, Delray 495-2107 Boynton Church Beach, FL Beach, FL 33445 33437 Ms. Agnes Bolling 1502 171C West Park 4004 Lake Ida 496-3928 Palmland Baptist Road, Delray 495-2107 Drive Church Beach, FL Boynton 33445 Beach, FL 33436 Ms. Sylvia Sandowsky 14530 Candy 171C West Park 4004 Lake Ida 496-3928 Way Baptast Road, Delray 495-2107 Dekay Church Beach, FL Beach, FL 33445 33484 Ms. Vera R. Farrington 310 NW 2nd 172 Pompey 1101 NW 2na 243-7356 Avenue Park Street, Delray Delray Recreation Beach, FL Beach, FL Center 33444 33444 Ms. Gwendolyn Green 342 NW 3ra 172 Pompey 1101 NW 2na 243-7356 Avenue Park Street, Delray Delray Recreation Beach, FL Beach, FL Center 33444 33444 Ms. Nellie F. Jackson 1587 NE 3ra 172 Pompey 1101 NW 2ua 243-7356 Avenue Park Street, Delray Delray Recreation Beach, FL Beach, FL Center 33444 33444 Mr. Michael Defino 446 Flanders 171 De[ray 2200 H~ghland 243-7385 "J" Municipal Avenue, De[ray Delray Golf Beach, FL Beach, FL Course 33445 33484 Ms. Pauline K. Shulman 4570 N-W 3ra 171 De[ray 2200 Highland 243-7385 Street, Apt Municipal Avenue, De[ray "D" Golf Beach, FL Delray Course 33445 Beach, FL 33445 Ms. Antonia M. Vincent 882 High 171 Delray 2200 Highland 243-7385 Point Blvd Munlc~pal Avenue, De[ray De[ray Golf Beach, FL Beach, FL Course 33445 33445 Mr. Alvin Scottland 6438 Pointe 171 Delray 2200 Highland 243-7385 Pleasant Municipal Avenue, De[ray Circle Golf Beach, FL De[ray Course 33445 Beach, FL 33484 Mr. Vito Ferrandino 7814 Stirlmg 171D Delray 2200 Highland 243-7385 Bridge Municipal Avenue, De[ray Blvd. South Golf Beach, FL Delray Course 33445 Beach, FL 33446 Ms. Eva Kamen 13413-B Via 172A Old School 51 North 243-7922 Vesta Square Swinton Avenue, X 301 Delray De[ray Beach, FL Beach, FL 33444 33484 Ms. Lenore Isaacson 13356-B Via 172A Old School 51 North 243-7922 Vesta Square Sw~nton Avenue, X 301 Delray De[ray Beach, FL Beach, FL 33444 33484 Ms. Selma Hoffman 707 Flanders 172A Old School 51 North 243-7922 "O" Square Swinton Avenue, X 301 Delray De[ray Beach, FL Beach, FL 33444 33484 Ms. Betty J. Grover 242 SW 13t~ 173 De[ray Full 301 SW 14~ 243-1569 Avenue Serwce Avenue, De[ray Delray Center Beach, FL Beach, FL 33444 33444 Ms. Lula M. Hayes 320NW 3ra 173 DelrayFull 301 SW 14t~ 243-1569 Avenue Service Avenue, Delray De[ray Cemer Beach, FL Beach, FL 33444 33444 Ms. Margaret Rhone 35 SW 8t~ 173 De[ray Full 301 SW 14~ 243-1569 Avenue Service Avenue, De[ray Delray Center Beach, FL Beach, FL 33444 33444 Mr. Nathan Botway 7351 174 St. Paul's 188 South 276-4541 Kinghurst Episcopal Swmton Avenue, Cell #715- Drive Church Delray Beach, FL 6758 De[ray 33444 Beach, FL 33446 Ms. Syrietta Kalla 10213 174 St. Paul's 188 South 2764541 Lexington Episcopal Swinton Avenue, Cell #715- Lake Church Delray Beach, FL 6758 Blvd. North 33444 Boynton Beach, FL 33436 Mr. Gerald Weil 15342 Lakes 174 St. Paul's 188 South 276-4541 of De[ray Episcopal Swinton Avenue, Cell #715- Blvd. Church De[ray Beach, FL 6758 Delray 33444 Beach, FL 33484 Ms. Susan M. L~tchfield 931 Gardenia 174B St. Paul's 188 South 276-4541 Drive, Apt # Episcopal Swinton Avenue, Cell #715- 369 Church Delray Beach, FL 6758 Dekay 33444 Beach, FL 33483 Mr. Paul Harrison 14440 174A Sun 3333 South 243-6593 Campanelh Sentinel Congress Drive Building, Avenue, Delray De[ray Beach, FL Beach, FL 33445 33484 Ms. Carol Berman 14386 174A Sun 3333 South 243-6593 Campanelli Sentinel Congress Drive Building, Avenue, Delray Delray Beach, FL Beach, FL 33445 33484 Mr. Harry Alter 6027 La 174A Sun 3333 South 243-6593 Palma Lane Sentinel Congress Delray Building, Avenue, Delray Beach, FL Beach, FL 33484 33445 Mr. Harvey Kresh 15144 174C Abbey 1717 Homewood 272-9600 Ashland Delray Boulevard, Street # H- South Delray Beach, FL 265 33445 Delray Beach, FL 33484 Ms. Rosaline Cohen 14585 Lucy 174C Abbey 1717 Homewood 272-9600 Drive Delray Boulevard, Delray South Delray Beach, FL Beach, FL 33445 33484 Mr. Bernard Rogoff 13335-B Via 174C Abbey 1717 Homewood 272-9600 Vesta Delray Boulevard, Delray South Delray Beach, FL Beach, FL 33445 33484 Ms. Elfrieda Ristau 1120-D 175 Community 50 NW F~rst 243-7255 Cactus Center Avenue, Delray Terrace Beach, FL Delray 33444 Beach, FL 33445 Ms. Mary Howard P.O.Box 145 175 Community 50 NW First 243-7255 Delray Cemer Avenue, Delray Beach, FL Beach, FL 33447 33444 '"Ms. Mary Wright 313 NW 4t~ 175 Community 50 NW First 243-7255 Avenue Center Avenue, Delray Delray Beach, FL Beach, FL 33444 33444 Ms. June Alsofrom 15109 176A Emmanuel 15700 Military 496-2480 Ashland Catholic Trail, Delray Drive 1-298 Church Beach, FL Delray 33445 Beach, FL 33484 Mr. Sol Azner 5217 Poppy 176A Emmanuel 15700 Military 496-2480 Place Apt 203 Catholic Trail, Delray Delray Church Beach, FL Beach, FL 33445 33484 Mr. Sol Lasofsky 669 Flanders 176A Emmanuel 15700 Military 496-2480 "N" Cathohc Trail, Dekay Delray Church Beach, FL Beach, FL 33445 33484 Ms. Annette Weiureb 5385 Cedar 176A Emmanuel 15700 Military 496-2480 Lake Road Cathohc Trail, Delray #1513 Church Beach, FL Boynton 33445 Beach, FL 33437 Ms. Mane Marconi 6058 La 178 Boca- 620 Bluebird 276-7550 Palma Lane Dekay Drive, Dekay Delray Church of Beach, FL Beach, FL Ctmst 33444 33484 Ms. Josephine Leuzzi 14620 178 Boca- 620 Bluebird 276-7550 Canaview Dekay Drive, Delray Drive Apt A Church of Beach, FL Delray Christ 33444 Beach, FL 33484 Ms. Catherine Fattizzi 14696 Lucy 178 Boca- 620 Bluebird 276-7550 Drive Delray Drive, Dekay Delray Church of Beach, FL Beach, FL Christ 33444 33484 Mr. Albert Simon 14079-A 178A Lake 700 Lmdell 278-6255 Nesting Way Delray Boulevard,Delray Dekay Apaxtments Beach, FL Beach, FL 33444 33484 Ms. Carola Simpson 2660 SW 22na 178A Lake 700 Lindell 278-6255 Avenue # Delray Boulevard,Delray 1218 Apartments Beach, FL Dekay 33444 Beach, FL 33445 Mr. Theodore Stein 14073-D 178A Lake 700 Lindell 278-6255 Nesting Way Dekay Boulevard,Dekay Delray Apartments Beach, FL Beach, FL 33444 33484 Ms. Beatrice Rosenberg 111 Cactus 178A Pines of 2451 Black Olive 276-3539 Terrace Delray East Boulevard, Delray Delray Beach, FL Beach, FL 33445 334454 Ms. Bermce Bilow 1141 179 Pines of 2451 Black Ohve 276-3539 Boxwood Delray East Boulevard, Drive Apt # Delray Beach, FL C 33445 Dekay Beach, FL 33445 Ms. Helen Carannante 2460 Juniper 179 Pines of 2451 Black Olive 276-3539 Drive, Delray East Boulevard, Delray Delray Beach, FL Beach, FL 33445 33445 Ms. Jeanette Kaye 1140 Willow 189 Veterans 802 NE 1st Street, 243-7351 Lane-D Park Delray Beach, FL Delray Recreation 33483 Beach, FL 33445 Mr. Phillip Lang 5054-A 189 Veterans 802 NE 1st Street, 243-7351 Lakefront Park Delray Beach, FL Boulevard Recreation 33483 Delray Beach, FL 33484 Ms. Gertrude Stem 1110 189 Veterans 802 NE 1st Street, 243-7351 Boxwood Park Delray Beach, FL Drive # 102 Recreation 33483 Delray Beach, FL 33445 Ms. Faye Braverman 15364 Lakes 190 Veterans 802 N'W 1st 243-7351 of Delray Park Street, Delray Blvd., Apt 62 Recreation Beach, FL Delray 33483 Beach, FL 33484 Mr. Benjamin Bender 13558-B Via 190 Veterans 802 NV~ 1st 243-7351 Flora Park Street, Delray Delray Recreation Beach, FL Beach, FL 33483 33484 Ms. Sally Dworken 15011 190 Veterans 802 NW 1~t 243-7351 Ashland Park Street, Delray Circle, Apt Recreation Beach, FL A-21 33483 Dekay Beach, FL 33484 Mr. William Fuoco 300 South 190 Veterans 802 NVq 1st 243-7351 Ocean Blvd. Park Street, Delray Delray Recreation Beach, FL Beach, FL 33483 33483 Title First Last Address Precinct Precinct Precinct Precinct No Name Address Ph Ms. Mildred Sherman 9706 Cherry 176B Orchard 4050 Old 279-1770 Blossom View Germantown Court Elementary Road, Delray Boynton School Beach, FL Beach, FL 33445 33437 Ms. Elaine Moran 114 NW 16t" 166 Lakewew 2599 North 276-3937 Street Baptist Swinton Avenue, 274-8527 Delray Church Delray Beach, Beach, FL FL 33444 33444 Ms. Nancy Pond 136 Cocoanut 166A Lakemew 2599 North 276-3937 Road, Delray Baptist Swinton Avenue, 274-8527 Beach, FL Church Delray Beach, 33444 FL 33444 Ms. Vera Tolor 6070 166B Pines of 1641 NW 18t~ 278-1212 Bluegrass Delray Avenue, Delray Drive North Beach, FL Boynton 33445 Beach, FL 33437 Ms. Evelyn Dawson 344 Flamingo 166C Country 4900 Country 498-8300 Lane Manors Manors 4994926 Delray Association Boulevard, Beach, FL Delray Beach, 33445 FL 33445 Mr. Alfred Troccoli 14324 170 Church of 1960 North 276-6347 Canalview the Palms Swmton Avenue, Drive Dekay Beach, Delray FL 33444 Beach, FL 33484 Mr. Joel E. Port 6844 17lB Temple 2475 West 276-6161 Grenelefe Slnm Atlantic Avenue, 272-5415 Road Delray Beach, Boynton FL 33445 Beach, FL 33437 Mr. Harry Weger 14163-D 176 Temple 2475 West 276-6161 Nesting Way Sinai Atlantic Avenue, 272-5415 Delray Delray Beach, Beach, FL FL 33445 33484 Ms. Lucille Vogelman 80 Piedmont 17lA Banyan 4243 Sabal 243-1575 B Creek Lakes Road, Dekay Elementary Delray Beach, Beach, FL School FL 33445 33484 Mr. David Forest 13581 171C West Park 4004 Lake Ida 496-3928 Whippet Way Baptist Road, Delray 495-2107 East Church Beach, FL Delray 33445 Beach, FL 33484 Mr. S.T. Barnes 250 Daws 172 Pompey 1101 NW 2nd 243-7356 Road Park Street, Delray Delray Recreation Beach, FL Beach, FL Center 33444 33445 Mr. Murray Elk~n 21 Southport 171 Delray 2200 Highland 243-7385 Lane, Apt. C Municipal Avenue, Delray Boynton Golf Courst Beach, FL Beach, FL 33445 33436-6414 Ms. Shirley Brody 13343-B V~a 172A Old School 51 North 243-7922 Vulcanus Square Swmton Avenue, X 301 Delray Delray Beach, Beach, FL FL 33444 33484 Ms. Sharon Gass 239 SW 9t~ 173 Delray Full 301 SW 14th 243-1569 Circle Service Avenue, Delray Delray Center Beach, FL Beach, FL 33444 33444 Ms. Shirley Kay 4746 South 174 St. Paul's 188 South 276-4541 Ocean Episcopal Swinton Avenue, Boulevard Church Delray Beach, Highland FL 33444 Beach, FL 33487 Mr. Murray Kalish 6021 Stanley 174A Sun 3333 South 243-6593 Lane Sentinel Congress Delray Building Avenue, Delray Beach, FL Beach, FL 33484 33445 Ms. Lenore Eisenberg 1045 174C Abbey Abbey Dekay 454-5252 Cornwall "C" Delray South, 1717 Boca Raton, South Homewood FL 33434 Boulevard, FL 33445 Ms. Sylvia Friedman 7506 175 Commumty 50 NW F~rst 243-7255 Ironbridge Center Avenue, Delray Ctrcle Beach, FL Delray 33444 Beach, FL 33446 Mr. Lawrence Diou 3807 Areha 176A Emmanuel 15700 Military 496-2480 Drive North Catholic Trail, Delray Delray Church Beach, FL Beach, FL 33445 33445 Mr. Anthony DeBartolo 14404 178 Boca- 620 Bluebird 276-7550 Canalwew Delray Drive, Delray Drive, Apt..A Church of Beach, FL Delray Christ 33444 Beach, FL 33484 Ms. Arlene Presel 14079-D 178A Lake 700 Lindell 278-6255 Nesting Way Dekay Boulevard, Delray Apartments, Delray Beach, Beach, FL FL 33444 33484 Ms. Florence Start 1130 Violet 179 Pines of 2451 Black Ohve 276-3539 Terrace Delray East Boulevard, Dekay Dekay Beach, Beach, FL FL 33445 33445 Mr. Morris Weinman 13850 Via 189 Veterans 802 NE 1st Street, 243-7351 Tivoli Park Delray Beach, Delray Recreation FL 33483 Beach, FL 33446 Ms. Sylvia Klein 7006 190 Veterans 802 NE 1st Street, 243-7351 Huntington Park Delray Beach, Lane #308 Recreation FL 33483 Dekay Beach, FL 33446 RESOLUTION NO. 22-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE CONTINUED FUNDING SUPPORT AND EASE OF PERMITTING OF BEACH RENOURISHMENT PROJECTS IN COASTAL MUNICIPALITIES IN THE STATE OF FLORIDA. WHEREAS, beach renourishment is important because ;t provides valuable storm protection benefits for public and private property and th~s property zs some of the most valuable real estate in Florida from a tax base standpoint; and WHEREAS, beach renourishment promotes healthy beaches ~tal for endangered sea turtle nesting: WHEREAS, beach renourishment promotes healthy beaches which contributes to a healthy economy; and WHEREAS, all beach renourishment projects are required to be economically justified and therefore provide a positive benefits to cost ratio; and WHEREAS, beach renourishment provides incidental recreanonal benefits for the citizens and tourists of the State of Florida: and WHEREAS, the State of Florida can facilitate beach renounshment projects by continuing to fund these projects at a level consistent with the essennal needs of coastal regions; and WHEREAS, beach projects can be completed without environmental damage or with appropriate mitigation; and WHEREAS, permitting should be made easier to facilitate the faster completion of environmentally responsible projects and the Federal and State permit requirements should be coordinated for consxstency; and WHEREAS, areas downdnft from inlets should receive specxal consideration for projects mitigating inlet-cause erosion; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City of Delray Beach, Florida endorses proposed legislation to be considered in the Florida Legislature in 2002 that supports continued funding and ease of permitting in beach renourishment projects facilitated in coastal regions/municipalities. Section 2. The City Clerk is hereby directed to provide copies of the resolution to Rep. Jeff Atwater, Palm Beach County League of C~ties, the Florida League of Cities, and Governor Jeb Bush. 2002. PASSED AND ADOPTED in regular session on this the 19o' day of February, ATTEST: MAYOR City Clerk 58-01 2 Res. No. TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT ~ JANET MEEKS, EDUCATION COORDINATOR/~ - MEETING OF FEBRUARY 19, 2002 ***CONSENT AGENDA*** CONSIDERATION OF A RECOMMENDATION FROM THE EDUCATION BOARD REGARDING THE GIFTED PROGRAM AT BANYAN CREEK ELEMENTARY SCHOOL The Advisory Boundary Committee (ABC) for Palm Beach County School District has recommended approval of new boundaries for Delray Beach schools for the opening of the school year 2002. The proposals include boundaries with contiguous SAC's, thereby bringing students closer to home in the movement to create "neighborhood schools". Currently there is a part-time gifted program at Calusa Elementary School and a full time gifted program at Banyan Creek Elementary School. As a result of the boundary changes, 78 of the 213 students that currently attend the Banyan Creek gifted program, reside in the new boundaries proposed for Calusa. Based on this information, the ABC members recommended that the School District look at creating a full-time gifted program at Calusa. If School Board members start supporting the movement of bringing programs closer to where students reside (resulting from busing issues and lack of diversity policies to integrate schools), it could in the future affect the gifted and magnet programs located here in Delray Beach. While the District has indicated that it is too late in the process to change the gifted program locations for school year 2002-03 (see attached article), it would still be appropriate for the City to state its position on this matter and voice its support of the gifted program at Banyan Creek Elementary School. At its meeting of January 22, 2002, the Education Board, discussed this issue and unanimously voted to support the Banyan Creek Elementary School Gifted Program as it currently exists. By motion, forward a statement to Palm Beach County School District that the City of Delray Beach supports the gifted program at Banyan Creek Elementary School and does not support any changes to the Calusa Elementary School gifted program now or in the future that may affect the integrity of the existing program at Banyan Creek Elementary School. Attachment: Sun-Sentinel Newspaper Article .S'O'UTH'FLOR1DA SUN-SENTINEL I WEDNESDAY I JANUARY 23, 2002 opposes switching . B0ymon; Delray Beach pro .ms. BY Lois IC SOLOMON EDUCATION WRITER Although some parents want the programs moved, the school district says gifted cen- ters in Boynton Beach and Del- ray Beach will stayput. Russell Feldman, the dis-_ · trict's special education direc- tor, said he is not willi-rig to break up the gifted center at Banyan Creek Elementary iff Delray Beach to create a full- time program at Calusa F. le- mentary in Boca Raton. He also said he won't recom- mend moving a new gifted cen- ter proposed for central Boyn-.' ton Beach to a school on the east side of the city. - The district's bounaarycom- 'mittee, which had asked Feld- man his opinion on moving these programs, will discuss F~ldm~i'n's i:~fi~dn's, d&~i]~d in a merho,'~t a' meeting bn Thurs- day.- _~.--' ' 7' ' F~ldman ~aid there are too few students for full-time pro- grams at both Calusa and Ban- yan Creek. Of 213 gifted stu- dents at Banyan Creek, 78 live in Calusa's boundaries. He said the ideal full-time program has at least 300 students. ~:i?¢~t~'~,. e know we don't want to ~io an~lfing that would ~_~tl/e it{ie~ri~ of one program-, L>-'g~t~iii~'Feld~itfi said: ."AVe are · not goirig to be able to,_have a full-time' Erogram at- every . Calusa has a part-time pro- gram in which gifted students leave their regular classes for extra enrichment in their area of talent, such as reading or mattL Calusa parents are saris- [] en' D com b s oN m GIFTED - ,, CONTINUED FROM PAGE lB fled with this program, Feld- man said. '. Banyan Creek parent Steve ., Rubin, who lives in Calusa's neighborhood, said his two . .children travel about 45 min- t utes each way on the bus to get ' to and from Banyan Creek. He -,,had hoped the district would consider moving the program to Calusa. "Busing from Boca Raton to Banyan Creek is excessively long," Rubin said. "Students should go to a school near where they live." Feldman also rejected the possibility of moving a gifted center proposed for a new school -- opening in August on Hypoluxo Road near Congress Avenue in Boynton Beach ~ to an eastern Boynton Beach school such as Rolling Green Elementary. Some community leaders say the eastern schools have more poor children and need programs that will en- courage good students to stay, rather than leave for gifted or magnet programs. But Feldman said the pro- posed new center, which will relieve the overcrowded gifted are not going to be able to have a full-time program at every school." : RUSSELL FFADMAN SPECIAL EDUCATION DIRECTOR program at nearby Citrus Cove Elementary, already went through an extensive commu- Beach, has pressed the district to move the gifted center to a schooI east of Interstate 95. She said the district often ig- nores the needs of the city's -poorer schools. "Eastern schools are in need 'of resources," Farace said. "One methodology for showing the.district cares about these schools is to place a gifted pro- gram there." ' nity input process.~;H~:said.,?, Lo/s Solomon can be reached most parents favor~:~h~(!~4/?*, qt Isolomon@sun. center's location. ~'.'i-'.*;~:)~, ~ :' sentinel, corn or 561-243-6536. V]rg]maFarace, eduq~t~on ~;', liaison for the city of Bp~ton .... '1 TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION ABANDONMENT OF A PORTION OF DIXIE HIGHWAY RIGHT-OF-WAY DIRECTLY ADJACENT TO LOTS 6, 7, & 8 OF THE PLAT OF DELRAY BEACH ESTATES, APPROXIMATELY 1,320 FEET SOUTH OF GULF STREAM BOULEVARD. I ,, , ,, The subject area is a 20.25' by 303.75' rectangular shaped parcel, containing 27,900 square feet (0.640 acres). The parcel represents the east 20' of the 80' Dixie Highway right-of-way, which abuts Lots 6-8 of Delray Beach Estates (Plat Book 21, Page 13). The abandonment request was submitted on behalf of the owner of Lots 6, 7 & 8. The east portion of these lots contains the Badcock Furniture building and associated parking. This owner intends to subdivide the current parcel into two (2) lots (east and west), and sell the west portion, which is vacant. The applicant, who intends to develop the western parcel, received site plan approval for the construction of a 6,000 square foot, 1-story commercial building (Delray Cycle), at the Site Plan Review and Appearance Board meeting of June 20, 2001. A plat application, which will subdivide the property includes the proposed abandonment area, is being processed concurrently with the abandonment request. The proposed abandonment will reduce the Dixie Highway right-of-way to 60 feet, which is the standard width for this local road. Thus, this abandonment would not negatively impact future expansion of Dixie Highway from its current two-lane configuration. The subject right-of-way is unimproved, however municipal water & sewer mains, as well as BellSouth facilities, are located within the subject area. The utilities will remain in their present location, and a replacement utility easement will be maintained over the entire abandonment area. PLANNING,, & ZO.J.G BOARD CO.SIDERAT O., At its meeting of September 24, 2001, the Planning and Zoning Board considered the request at a public hearing. There was no public comment concerning the abandonment. After reviewing the staff report and discussion, the Board voted 4 to 0 to recommend approval (Shutt & Randolph - absent, Pike stepped down), subject to two (2) conditions: (1) Provision of a replacement utility easement for the full length and width of the abandonment area, (2) all landscaping previously approved, be removed from the abandonment area. Both conditions have been satisfactorily addressed. By motion, approve the abandonment of right-of-way and accept a replacement easement based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachment: · Abandonment Resolution · P & Z Staff Report of September 24, 2001 s:\ P&Z~oards\cityc~mmission\DixAban.doc RESOLUTION NO. 19-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DI::.I.RAY BEACH, FLORIDA, VACATING AND ABANDONING A PORT/ON OF THE DIXIE HIGHWAY RIGHT-OF-WAY (ROW) LOCATED APPROXIMATELY 1,320 FEET SOUTH OF GULFSTREAM BOULEVARD, AS MORE PARTICUI~RLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A GENERAL UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a portion of the Dixie Highway Right-of-Way (ROW), as more particularly described herein; and WHEREAS, said applicauon for abandonment of a general public right-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)0)(e), the Pla,ning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on September 24, 2001, and voted 4 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(0)(5), and subject to the condition that a general utility easement be retained over the entire area; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and reserves unto itself a general utility easement over the entire area thereof, as more particularly described herein, for the purpose of emergency access and constructing and/or maintaining, either over or under the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOI.!.OWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Dekay Beach City Commission to vacate and abandon all right and interest it holds to the following real property for right-of-way purposes only, but does not abandon and retains and reserves unto itself a general utility easement over the entire area thereof, more particularly described as follows: Resolution No. 19-02 A portion of Dixie Highway right-of-way lying in Delray Beach Estates, according to the plat thereof as recorded in Plat Book 21, Page 13, of the public records of Palm Beach County, Florida. Being fully described as follows: Beginning at the southwest comer of Lot 6 of said De[ray Beach Estates; thence North 71°16'30" West, a distance of 20.25 feet; thence North 09°42'31" East, a distance of 303.75 feet; thence South 71~16'30'' East, a distance of 20.25 feet to the northwest comer of Lot 8, of said Delray Beach Estates; thence South 09°42'31" West, along the east right-of-way line of Dixie Highway, a distance of 303.75 feet to the point of beginning. Containing 6,075 square feet more or less. Section 2, That the Delray Beach City Commission hereby retains and reserves unto itself a general utility easement over the entire abandonment area, for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations, more particularly described as follows: A portion of Dixie Highway right-of-way lying in Delray Beach Estates, according to the plat thereof as recorded in Plat Book 21, Page 13, of the public records of Palm Beach County, Florida. Being fully described as follows: Beginning at the southwest comer of LOt 6 of said De[ray Beach Estates; thence North 71°16'30" West, a distance of 20.25 feet; thence North 09°42'31" East, a distance of 303.75 feet; thence South 71°16'30" East, a distance of 20.25 feet to the northwest comer of Lot 8, of said De[ray Beach Estates; thence South 09°42'31" West, along the east right-of-way line of Dixie Highway, a distance of 303.75 feet to the point of beginning. Containing 6,075 square feet more or less. Resolution No. 66-01 PASSED AND ADOPTED in regular session on this the 19~ day of February, 2002. MAYOR ATTF~T: City Clerk Resolution No. 66-01 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: September 24, 2001 III. D. Abandonment of a Portion of Dixie Highway 1,320' South of Gulf Stream Boulevard for Delray Cycle. GENERAL DATA: Owner .................................. General Public Agent/Applicant .................... Ed Rosen Location ............................... East 20 ft. of Old Dixie Highway Right-of-Way Adjacent to Lots 6 through Lots 8, Delray Beach Estates. Property Size ........................ 0.134 Acres Existing FLUM Designation.. GC (General Commercial) Current Zoning ..................... GC (General Commercial) Adjacent Zonings ........ North: GC (General Commercial) East: GC (General Commercial) South: GC (General Commercial) West: CF (Community Facilities) Existing Land Use ................ Unimproved rights-of-ways Proposed Land Use ............. Incorporation into Overall Development Plan. Water Service ....................... n/a Sewer Service ...................... n/a LOT 8 LOT 7 LOT 6 ~OR TON VOL VO N III I'3 ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of a portion of the Dixie Highway right-of-way, directly adjacent to Lots 6, 7, & 8 of the Plat of Delray Beach Estates, approximately 1,320 feet south of Gulf Stream Boulevard. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. The subject parcel is located on the east side of Dixie Highway, approximately 1,320 feet south of Gulf Stream Boulevard. This portion of Dixie Highway (80' wide) was dedicated with the recordation of the Plat of Delray Beach Estates (Plat Book 21, Page 13, of the Public Records of Palm Beach County, Florida), in July of 1946. Currently the subject area is vacant, with the exception of a dirt crossing the north portion of the parcel. ABANDONMENT DESCRIPTION driveway The subject area is a 20.25' by 303.75' rectangular shaped parcel, containing 27,900 square feet (0.640 acres). The parcel represents the east 20' of the 80' Dixie Highway right-of-way, which abuts Lots 6-8 of Delray Beach Estates. The abandonment request was submitted on behalf of the owner of Lots 6, 7 & 8. The east portion of these lots contains the Badcock Furniture building and associated parking. This owner intends to subdivide the current parcel into two (2) lots (east and west), and sell the west portion, which is vacant except for a dirt road. The applicant, who intends to develop the western parcel, received site plan approval for the construction of a 6,000 square foot, l-story commercial building (Delray Cycle), at the Site Plan Review and Appearance Board meetincj of June 20, 2001. A plat application, which will include the proposed abandonment area, has been submitted, and is currently in process. . ABANDONMENT ANALYSIS Pursuant to LDR Section 2.4.6(O)(1), public fight-of-way may be abandoned (returned) to the adjacent property to the same degree in which it was originally obtained, i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and retumed equally to abutting parcels. Accordingly, the owner is entitled to the entirety of the subject abandonment, as it was dedicated entirely from Lots 6, 7, & 8, Plat of Delray Beach Estates. Planning and Zoning Board Staff Report Dixie Highway (Delray Cycle) R-O-W Abandonment Page 2 Utility Services The Environmental Services Department has identified a sewer main located within the subject area. The approved site plan indicates the installation of landscaping (hedges and trees) within the proposed abandonment area. Environmental Services has no objection to the abandonment if a replacement utility easement is provided over the affected area, and provided that no trees are planted over the existing utility mains. The granting of said easement will be a condition of approval for this abandonment. In addition, prior to scheduling the '"~-'abandonment for City Commission, revised !andscape plans indicating the removal of the landscape matedal from the easement area must be provided. BellSouth has also reviewed the requested abandonment, and has identified facilities in the subject abandonment area. BellSouth will require replacement easements or relocation of facilities. The City's Fire Department has reviewed the request and has no objection to the abandonment. Adelphia Cable and the Florida Public Utilities Company have also reviewed the requested abandonment, and have no objection. At the time of this report, a response from Florida Power & Light was not received. Any concerns Florida Power & Light may have regarding this abandonment will be addressed before proceeding to City Commission. REQUIRED FINDINGS Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. _She abandonment area requested is the unimproved portion of the Dixie Highway fight-of-way. The proposed abandonment will reduce the Dixie Highway right-of-way to 60 feet, which is the standard width for a local road. Future expansion of Dixie Highway from its current two-lane configuration is not contemplated. A 60- foot right-of-way can accommodate the Dixie Highway improvements planned per the North Federal Highway Redevelopment Plan, which calls for a two- lane roadway with a bike path, landscaping, and a sidewalk. The City has no plans to utilize the abandonment area (east 20' of right-of-way) for any other purpose, except utilities. Currently, Bellsouth has identified facilities in the subject area, in addition to a municipal sewer main. The utilities will remain in their present location, and a replacement utility easement must be provided. Planning and Zoning Board Staff Report Dixie Highway (Delray Cycle) R-O-W Abandonment Page 3 B) That the abandonment does not, nor will not, prevent access to a lot of record. As the subject parcel only abuts Lot 6, 7, & 8 of Delray Beach Estates, which is owned by the applicant, this abandonment will not prevent access to any adjacent parcels. C) That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. All utility services Currently located in the subject' right-of-way w lr continue to function as they do presently. The provision of a general utility easement for the entire abandonment area will accommodate future maintenance and improvements of any public utilities for all adjacent parcels. Access to the properties will not be negatively affected. Community Redevelopment Agency (CRA): The CRA considered this abandonment at its meeting of August 23, 2001, and recommended approval. Courtesy Notices: Courtesy notices have been provided to the following: Presidents Council PROD (Progressive Residents of Delray) Kokomo Key Homeowners Association La Hacienda Homeowners Association Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject pmFerb.¢. Letters of objection or support, ~ any, will be provided at the Planning and Zoning Board meeting. As the subject right-of-way is unimproved and there are no plans for its improvement, its intended use is limited. In addition, this abandonment would not impair the provision of utility services or access to adjacent lots. The purpose of the abandonment is to incorporate the vacated area with the adjacent parcel to the east in an overall development plan. The creation of a utility easement over the abandonment area will satisfy all future utility needs. Planning and Zoning Board Staff Report Dixie Highway (Delray Cycle) R-O-W Abandonment Page 4 ALTERNATIVE ACTIONS Continue with direction. Recommend to the City Commission approval of the abandonment subject to positive findings with respect to LDR Section 2.4.6(0)(5). Recommend to the City Commission denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5). By motion, recommend to the City Commission approval of the abandonment of the east 20.25' by 303.75' portion of Dixie Highway right-of-way (directly adjacent to Lots 6, 7, & 8 of the Plat of Delray Beach Estates), based upon positive findings with respect to LDR Section 2.4.6(O)(5), subject to the following conditions: 1. Provision of a replacement access and utility easement for the full length and width of the abandonment area, 2. Prior to City Commission action, all landscaping previously approved, be removed from the abandonment area. Attachments: · Location Map · Reduced Survey S:\Planning &Zoning~:~oards~P&Z~lryCy Aban.doc I co,. ,ss,o. SUBJECT: MEETING OF FEBRUARY 19, 2002 *CONSENT AGENDA* ABANDONMENT OF A PORTION OF A 5-FOOT UTILITY EASEMENT ALONG THE EAST SIDE OF LOT 6, PLAT OF FAIRACRE, LOCATED WEST OF SWINTON AVENUE, NORTH OF N.W. 11TM STREET. BACKGROUND The request involves abandoning the northern 63-foot portion of a 5-foot utility easement located along the east side of lot 6, plat of Fairacre (PB 24, PG 53). The southern 12' portion of the 5' utility easement will remain. The subject easement was dedicated for public utilities with the recordation of the plat in May of 1953. The abandonment request was submitted by Ronald Borick, the owner of Lot 6, plat of Fairacre, who also owns Lot 7 located immediately to the east of the proposed abandonment area. The applicant intends to create a larger lot by aggregating the easement area with Lot 6 and combining it with a western portion of Lot 7. Pursuant to LDR Section 2.4.6 (P) (5) the following finding must be made prior the City Commission granting an abandonment: The abandonment will not result in the detriment for the provision of utility services to the adjacent properties or the general area. The City's Environmental Services Department (water & sewer service), and the Florida Public Utilities Company (gas service), Florida Power & Light, BellSouth, and Adelphia Cable have reviewed the request, and have no objection to the abandonment. RECOMMENDED ACTION By motion, approve the abandonment of a portion of the 5' utility easement along the east side of Lot 6, plat of Fairacre, based upon positive findings with respect to LDR Section 2.4.6(P)(5) Attachments: · Abandonment Resolution · Location Map · Survey and Legal Description doc PASSED AND ADOPTED in regular session on this the 19~ day of February, 2002. ATTEST: MAYOR City Clerk Res. No 20-02 I TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DAV!~.~.~D N,~-MAN AG E R PAUL~ORLIN~REC)TOR OF PLANNING AND ZONING / MEETING OF FEBRUARY 19, 2002 *CONSENT AGENDA* ABANDONMENT OF A PORTION OF A 5-FOOT UTILI~ EASEMENT ALONG THE EAST SIDE OF LOT 6, P~T OF FAI~CRE, LOCATED WEST OF SWlNTON AVENUE, NORTH OF N.W. 11TM STREET. BACKGROUND The request involves abandoning the northern 63-foot portion of a 5-foot utility easement located along the east side of lot 6, plat of Fairacre (PB 24, PG 53). The southern 12' portion of the 5' utility easement will remain. The subject easement was dedicated for public utilities with the recordation of the plat in May of 1953. The abandonment request was submitted by Ronald Borick, the owner of Lot 6, plat of Fairacre, who also owns Lot 7 located immediately to the east of the proposed abandonment area. The applicant intends to create a larger lot by aggregating the easement area with Lot 6 and combining it with a western portion of Lot 7. Pursuant to LDR Section 2.4.6 (P) (5) the following finding must be made prior the City Commission granting an abandonment: The abandonment will not result in the detriment for the provision of utility services to the adjacent properties or the general The City's Environmental Services Department (water & sewer service), and the Florida Public Utilities Company (gas service), Florida Power & Light, BellSouth, and Adelphia Cable have reviewed the request, and have no objection to the abandonment. RECOMMENDED ACTION By motion, approve the abandonment of a portion of the 5' utility easement along the east side of Lot 6, plat of Fairacre, based upon positive findings with respect to LDR Section 2.4.6(P)(5) Attachments: · Abandonment Resolution · Location Map · Survey and Legal Description $'~ard$'~.omrm ss~on~ot 6-Fa~racre-e. Aban-CCDoc doc 12TH ST. N.E 12TH ST. CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT -- 01~1~,4l. 845£ 1144P $XS;E'&I -- N.W 11TH ST. Z N E. 11TH ST. -- N.E, 10TH ST. *** ENLARGED VIEW *** 136.0' '/ I ..... AREA TO BE ABANDONED 5' UTILITY ,,, 12' PORTION EASEMENT ~ H / TO REMAIN LOT 6 ~,~.~ ~' ~Lot 7, Sub of $ ~/2 of E ~/2 LOT 5 - ABANDONMENT- A PORTION OF A 5' UTILITY EASEMENT LOCATED WITHIN LOT 6, PLAT OF FAIRACRE RESOLUTION NO. 2002 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 5.FOOT UTILITY EASEMENT WITHIN THE PI_&T OF FAIRACRE LOCATED EAST OF PERIWINKLE LANE, NORTH OF NW 11TM STREET, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a 5-foot utility easement within the Plat of Fairacre located east of Periwinkle Lane, north of NW 11th Street; and WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(P), "Abandonment of Public Easements", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(P)(3)(c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(P)(5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area, that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said easement, as more particularly described herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Section 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: The west 5-feet of Lot 6, Fairacre, according to the plat thereof as recorded in Plat Book 24, Page 53 of the Public Records of Palm Beach County, Florida, less the south 12-feet thereof. Res. No 20-02 PASSED AND ADOPTED in regular session on this the 19~s day of February, 2002. ATTEST: MAYOR City Clerk Res. No 20-02 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ' '- REGULAR MEETING OF FEBRUARY 19~ 2002 RESOLUTION NO. 21-02 (SUPPORTING INCREASED FUNDING FOR REGIONAL PLANNING COUNCILS} FEBRUARY 15, 2002 Attached is a request from the Treasure Coast Regional Planning Council requesting support for the Florida Regional Councils Association's efforts to maintain the annual budgetary appropriation for regional planning councils. Resolution No. 21-02 expresses the City Commission's support of a $3.0 million line item in the Department of Community Affairs base budget for regional planning councils. Regional planning councils provide a wide range of services and assistance in support of local government initiatives and programs. We recognize the valuable services provided by regional planning councils and recommend support of the resolution. Recommend approval of Resolution No. 21-02 supporting restored funding for regional planning councils. RefiAgrnemo 14. Res.21-02..Increased Funding for Regional Planning Councils.2.29.02 RESOLUTION NO. 21-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING INCREASED FUNDING FOR REGIONAL PLANNING COUNCILS; PROVIDING AND EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City of Delray Beach, Florida strongly supports adequate funding of regional planning councils in the State of Florida; and WHEREAS, the City of Delray Beach, Florida recognizes that regional planning councils are required to perform numerous state-mandated economic development, growth management, emergency management, technical assistance, interlocal dispute resolution functions, and other important statutory duties directed by the Legislature; and WHEREAS, the City of Delray Beach, Florida recognizes that regional planning councils also provide a wide range of services and assistance in support of local government initiatives and programs; and WHEREAS, the City of Delray Beach, Florida believes the State is disproportionately relying on local dues and revenue from local government to support regional planning councils which has resulted in the reduction of many regional and local programs and initiatives; and WHEREAS, the City of Delray Beach, Florida believes the State's responsibility for supporting regional planning councils should be increased and shared more equally between the State and its local governments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City of Delray Beach hereby requests the Legislature support the Florida Regional Councils Association budget request for recurring funding for regional planning councils as a $3.0 million line item in the Department of Community Affairs base budget. Section 2. That the City Clerk is directed to distributes copies of this resolution to the Honorable Governor Jeb Bush, The Executive Office of the Governor, The Capitol, Tallahassee, Florida 32399-0001; the Treasure Coast Regional Planning Council, 301 East Ocean Boulevard, Suite 300, Suite, Florida 34994; and the Florida Regional Councils Association, 314 East Central Avenue, Room 119, Blountstown, Florida 32424. Section 3. Commission. That this resolution shall take effect immediately upon adoption by the City PASSED AND ADOPTED in regular session on this the 19th day of February, 2002. ATTEST: MAYOR City Clerk 2 RES. NO.214)2 DRAFT Subject to modifications TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: From: Date: Subject: Council Members Staff February 15, 2002 Council Meeting Regional Planning Council Funding Request AGENDA ITEM Introduction Regional planning councils are in the Governor's Budget for Fiscal Year 2002-2003 at $1,387,625, or about a million dollars less than last year. This represents nearly a 50 percent cut in funding for the 11 regional planning councils statewide. It amounts to a $92,000 cut in this Council's budget for next year. This will affect the level of services and work the Council can provide for its local governments. The Executive Director for the Florida Regional Councils Association (FRCA) has asked each regional planning council through its board members, to reach out to all legislators, especially those members of the House Transportation and Economic Development Appropriation Subcommittee and the Senate Subcommittee on General Government Appropriations, with the following message: 1) The funding cuts are unacceptable and will place additional burden on local government to further subsidize its state-mandated work program at the expense of local programs and services local governments have come to expect from their regional planning councils; and 2) Regional planning council funding should be restored to $3.0 million, which is where it was in 1986 before the trend of budget cuts began. The restoration of regional planning council funding would allow Councils to fulfill their state-mandated statutory obligations without subsidy from local dues and reserves. Background Regional planning councils perform legislative- or state-mandated functions under 14 different Chapters of the Florida Statutes. Most of these functions are in the area of economic development, urban redevelopment, transportation, dispute resolution and DRAFT Subject to modifications growth management. On behalf of the Legislature and Governor's office, the Department of Community Affairs contracts with each regional planning council to perform these state-mandated functions. State funding provided to regional planning councils to perform these functions has, on average, remained constant at $2.2 million statewide after it was cut from $3.0 million. Accommodating Council's increasing state-mandated workload has required increased use of local dues to subsidize the work. In 2001, this local subsidy came to $3.8 million or 63 percent of the actual cost of carrying out regional planning councils' mandated responsibilities. While this subsidy allows necessary planning functions related to growth management to be carried out, there are many other regional and local programs and initiatives that go unfunded or are inadequately funded because local revenue has been depleted. Justification for Request Justification for this legislative budget request is there has not been a consistent increase in regional planning council funding since 1986, in spite of increasing regional needs, workload, and cost of doing business. The fact local govemmem subsidized over $3.8 million in 2001, (63% of the total cost of regional planning council mandated responsibilities versus the state's 37% contribution to this same effort), is also evidence that full funding of regional planning councils is warranted. Conclusion Resolution 02-01 is attached for review. The Council should adopt this resolution in support of this legislative budget request. If the Florida Regional Councils Association is going to have a chance at being successful in its request, local government support is absolutely necessary. Since the beneficiary of the request will ultimately be the Region's 53 local govemmems, the Council should authorize staff to request each of its local governments to adopt and transmit a similar resolution of support. Recommendation It is recommended the Council: 1) support the Florida Regional Councils Association legislative budget request for regional planning councils by adopting Resolution 02-01 and transmitting it to its Executive Director, the Treasure Coast Legislative Delegation, and members of the appropriate House and Senate Subcommittees; and 2) authorize Council staff to request similar resolutions of support to be adopted and transmitted by each of the Treasure Coast's 53 iocal'govemments. Attachment 2 SAMPLE RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIOn, S OF COUNTY, FLORIDA, SUPPORTING INCREASED FUNDING FOR REGIONAL PLANNING COUNCILS WHEREAS, the Board of County Commissioners of County, Florida strongly supports adequate funding of regional planning councils in the State of Florida; and WHEREAS, the Board of County Commissioners of County, Florida recognizes that regional planning councils are required to perform numerous state-mandated economic development, growth management, emergency management, technical assistance, interlocal dispme resolution functions, and other important statutory duties directed by the Legislature; and WHEREAS, the Board of County Commissioners of County, Florida recognizes that regional planning councils also provide a wide range of services and assistance in support of local government initiatives and programs; and WHEREAS, the Board of County Commissioners of County, Florida believes the State is disproportionately relying on local dues and revenue from local government to support regional planning councils which has resulted in the reduction of many regional and local programs and initiatives; and WHEREAS, the Board of County Commissioners of County, Florida believes the State's ~e~ponsibility for supporting regional planning councils should be increased and shared more equally between the State and its local governments. 10 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COUNTY, FLORIDA: Section 1: The Board of County Commissioners of County, Florida hereby requests the Legislature support the Florida Regional Councils Association budget request for recurring funding for regional planning councils as a $3.0 million line item in the Department of Community Affairs base budget. Section 2: The is directed to distribute copies of this resolution to the Honorable Governor Jeb Bush, The Executive Office of the Governor, The Capitol, Tallahassee, Florida 32399-0001; the Treasure Coast Regional Planning Council, 301 East Ocean Boulevard, Suite 300, Smart, Florida 34994; and the Florida Regional Councils Association, 314 East Central Avenue, Room 119, Blountstown, Florida 32424 Section 3: This Resolution shall take effect immediately upon adoption by the Board of County Commissioners of County, Florida. The foregoing resolution was offered by who moved its adoption. The motion was seconded by The Chair thereupon declared the resolution duly passed and adopted this __ day of ,2002. COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: ATTEST: 11 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AC~ENDA ITEM # ~P'~ - REGU~ MEETING OF FEBRUARY 19, 2002 FINAL PLAT APPROVAL/P.B.T. PLAT FEBRUARY 15, 2002 This is before the Commission to approve the final boundary plat for P.B.T. Replat No. 1. The property is being subdivided to create two (2) lots located between US 1 and Old Dixie Highway north of George Bush Boulevard. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final subdivision plat for P.B.T. Plat. S:\City Clerk\chevelle folder\agenda memos\F~nal Plat P.B.TPla~0219 02 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Barron E. Caronite, PE, Assistant City Enginee February 7, 2002 P.B.T. Replat No. I Please find an agenda request for Commission approval of the subdivision plat for P.B.T. Replat No. I attached. I have also enclosed a location map and a reduced copy of the plat. The site is located between US 1 and Old Dixie Highway North of George Bush Boulevard. The property is being subdivided to create 2 lots. Delray Cycle will be constructed on Lot 1 and the existing Badcock furniture building is located on Lot 2. In addition, a 20 foot right-of-way abandonment is being proposed on Old Dixie Highway. The abandonment area is being incorporated into this plat. You will be receiving an additional agenda item for the February 19, 2002 commission meeting from the Planning and Zoning department for the abandonment of the subject right-of-way. If this meets with your approval, please place it on the February 19, 2002 Commission meeting for Commission approval. Encl. File: cc; S:/engadminltaclP. B.T. Replat No. 1/agmemo021902.doc Randall Krejcarek, P.E., City Engineer Dan Marfino, Planning & Zoning TAC: P.B.T, Replat No. 1 ~oo ~ I E~m'ALCITY of DELRAYsEm,~:ES oEP~T~NTBEACH P.B.T. REPLAT NO.1 ,,~ m,.m, ~ ^~,,.~ oa.~',' ~ ~ =,~ LOCATI ON MAP >_002-20( Agenda Item No. ~'~-- Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda AGENDA REQUEST Date: Feb. 7, 2002 When: Feb. 19, 2002 Description of item (who, what, where, how much):Approval of the Subdivision Plat for P.B.To Replat No. 1. Staff comments have been addressed. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the Subdivision Plat for P.B.T. Rep 1 at No. 1. ~C ~~ Department head signature: . ~-~-o7--w Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: ~/NO ~/~-- Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac- P.B.T. Replat No. 1 file:s/engadmin/tac/P.B.T. Replat No. 1/Ag021902.doc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ' -~ REGULAR MEETING OF FEBRUARY 19, 2002 SERVICE AUTHORIZATION #3/AVIROM & ASSOCIATES, INC. FEBRUARY 15, 2002 This is before the City Commission to approve Service Authorization #3 with Avirom & Associates, Inc. in the amount of $16,260.00, for the Delray Shores Neighborhood Enhancements Topographic Route-of-Line Survey, Project 2002-008. Funding is available from 334-6111-519-63.89 (General Construction Fund). Recommend approval of Service Authorization #3 with Avirom & Associates for the Delray Shores Neighborhood Enhancements Topographic Route-of-Line Survey. S:\C:ty Clerk\chev¢lle folder\agenda memos\SemceAuth #3Axarom.02.19 02 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: THROUGH: FROM: www. delrayesd, com DAVID T. HARDEN, CITY MANAGER /,-) // RANDAL KREJCAREK, P.E. CITY ENGINEER WILLIAM A. GRIEVE, P.E. CIVIL ENGINEER ~~ SUBJECT: Project No. 2002-008 Delray Shores Neighborhood Enhancements Topographic Route-of-line Survey DATE: FEBRUARY 12, 2002 Attached is the agenda item for Commission approval/authorization for the Mayor to execute the service authorization number 3 to AVlROM & ASSOCIATES, INC. in the amount of $16,260.00. The survey of the above-mentioned project is for proposed Water Main and Neighborhood Improvements. Funding is available from account # 334-6111-519-63.89. Site maps have been enclosed for your use. If acceptable, please place this item on the February 19, 2002 Commission meeting for Commission approval. Attachment CC; Randal Krejcarek, P.E. City Engineer Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director S qEng.4dmtnlProjectsl2OO212OO2-OO8tLETTERSL4GENDAMEMO doc ..... DA ~ ~ CI~ of DELRAY BEACH DELRAY SHORES ~ ~ E~ME~AL ~CES DEPAR~E~ LOCATION MAP Agenda Item No. o~'~' Request to be placed on: AGENDA REQUEST Date: Feb. 11, 2002 X Regular Agenda Special Agenda Workshop Agenda When: Feb. 19, 2002 Description of item (who, what, where, how much): Commission approval/authorization for Mayor to execute service authorization number 3 to AVIROM & ASSOCIATES, Inc. in the amount of $16,260.00 for the Delray Shores Neighborhood Enhancements Topographic Route- of-line Survey, Project 2002-008. The Service Authorization ~s subject to review and approval of the City Attorney Total cost for this Service Authorization is $16,260.00. Funding is available from account # 334-6111-519-63.89. ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT ATTACHED YES/NO Recommendation: AVIROM & ASSOCISTES, Inc. Determination of Consistency with Comprehensive Plan: Staff recommends approval/authorization of Service Authorization # 3 to City Attomey Review/Recommendation (if applicable).'. Budget Director Review (re/~l~d on all items involving expenditure of funds): Funding available;~tf..~.,~N O v Funding alternativc~-"~ c~ (if applicable) Account No. & Description 334-6111-519-63.89 Account Balance City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: S:\EngAdmin\Projects~002~O02-008\LETTERS~genda-lg-2002.doc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ FDOT GENERAL AGREEMENT/lIS5 EAST ATLANTIC AVENUE PROJECT - REGULAR MEETING OF FEBRUARY 19. 2002 USE PERMIT & HOLD HARMLESS FEBRUARY 15, 2002 This is before the City Commission to authorize approval of a hold harmless agreement for work performed within the state right-of-way. 1161 of Delray, LLC. is the owner of the 1155 East Atlantic Avenue Project, located on the north side of East Atlantic Avenue. The developer is required to construct one on-street parking space within the state right-of-way. The Florida Department of Transportation requires the City to sign the permit on behalf of the developer. The proposed agreement provides that the devdoper will hold the City harmless for the general work to be performed under the permit. Recommend approval of the hold harmless agreement for work performed within the state right-of- way between the City and 1161 of Delray, LLC. S:\C~ty Clerk\chevelle folder\agenda memos\Hold Harmless Agmll 155EastAflant~cAvenue City Of Delray Beach Department of Environmental Services M E M 0 R A N D TO: FROM: DATE: SUBJECT: U M David T. Harden, City Manager Barron E. Caronite, PE, Assistant City Enginee~ February 7, 2002 Hold Harmless Agreement for FDOT General Use Permit New on-street parking space at 1155 East Atlantic Avenue Please find attached a hold harmless agreement for work performed within the state right-of-way. The 1155 East Atlantic Avenue project was required to construct one on- street parking space on the North side of East Atlantic Avenue in front of the subject property. The Florida Department of Transportation requires the City to act as the permit applicant. The attached agreement holds the City harmless for the work performed under the permit. If the attached agreement is acceptable, please place it on the February 19, 2002 meeting for commission approval. CC: Randal Krejcarek, PE, City Engineer Brian Shutt, Assistant City Attorney s:~engadrnin~projects~tac~1155 East Atlanbc Avenue~hold harmless, doc HOLD HARMLESS AGREEMENT FOR WORK PERFORMED WITHIN THE STATE RIGHT-OF-WAY THIS HOLD HARMLESS AGREEMENT, is entered into this day of January 2002 by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") and 1161 OF DELRAY, LLC. a Florida limited liability company, c/o Louis J. Carbone, P.A., 65 NE 4th Avenue Delray Beach, Florida 333483 (hereinafter referred to as "DEVELOPER"). WITNESSETH: WHEREAS, DEVELOPER wishes to install/construct improvements in the right-of- way of the State of Florida; and WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to allow the installation/construction to take place in the State right-of-way; and WHEREAS, the CITY is required to indemnify and hold harmless the State for the work performed by DEVELOPER in the State right-of-way; and WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and defend the CITY and the State for the work performed in the State right-of-way by the DEVELOPER, its contractor or agent. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. DEVELOPER, in consideration of the payment often Dollars ($10.00), receipt of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY and the State, their agents, officers, employees and servants from any and all claims, suit~.s, causes of action or any claim whatsoever made, and damages, including, but not limited to reasonable attomey's fees and costs at the trial and appellate levels, which may result from any activity conducted by DEVELOPER, its contractors or agents in relation to the work performed in the State right-of-way and as more particularly shown on the engineering plans submitted for the development known as 1155 East Atlantic Avenue. 3. DEVELOPER warrants and guarantees to the CITY that ail work on thc utility improvement shall be constructed in accordance with the applicable codes of the City of Delray Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shail remain in effect for one year from the date of finai acceptance. Unremedied defects identified for correction during the warranty/guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee and warranty. Defects in the installation or construction of the utility improvement, which are remedied as a result of obligations of the warranty/guarantee shall ~ubject the remedied portion of the work to an extended warranty/guarantee period of one year after the defect has been remedied. DEVELOPER shall deliver this agreement to its Surety. The Surety shail be bound with and for the DEVELOPER in the DEVELOPER'S faithful observance of the guarantee. 4. DEVELOPER, shail supervise and direct the installation and construction of the improvement, applying such skills and expertise as may be necessary to perform the work in accordance with the approved engineering plans. DEVELOPER shail be solely responsible for the means, methods, techniques, sequences and procedures of the construction and installation of the improvement. 5. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Paim Beach County, Florida. 6. This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the construction or installation of the utility. There are no representations or 2 understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 7. DEVELOPER or its contractor shall maintain worker's compensation insurance in an amount required by law and general liability insurance in the amount of one million dollars ($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY and the State as additional named insureds. DEVELOPER or its contractor shall provide this information to the CITY on a Certificate of Insurance, that is acceptable to the CITY, prior to commencing installation or construction. 8. DEVELOPER shall be bound by all the terms and conditions found in the General Use Permit Application between the CITY and the State for this project and attached hereto as Exhibit" A" 9. This agreemeri{ shall not be valid unless signed by the City's Mayor and City Clerk. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: Mayor City Clerk By:. David Schmidt, Approved as to Form: By: City Attorney 3 WITNESSES (Prinf or Type N~ne) DEVELOPER: 1161 OF DEL/LAY, LLC.: Charles Rosner~ as Managing Member (Print or Type Name) Address: c/o Louis J. Carbone, P. 65 NE 4~ Avenue Delray Beach, Florida 33483 Phone: 561-272-0282 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of January 2002 by Charles Rosner, as Managing Member~r.~ ! 1~10~F DELRAY, LLC. a Florida limited liabilivy company, on behalf of the company. He i~.so~ally~ me or has produced as identification il !1~...-~....~.4.~ EXPIRES: December 30, 2004 Si~tt~re of Notary Pu~otic'~tat~f Florida 4 FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT FOUR GENERAL USE PERMIT APPLICATION DATE OF DEPARTMENT RECEIPTi PERMIT NUMBER~ RO~D~ {US STATE Applicant re~ests pe~lssion from the Sta~e of Florida Department of Transpor~ation (hereinaf~er called the Pepartmen~)to construct __operate maintain the facility .ho~ ~n the accompanyin~ engineering ~s and desc~i~ere, (hereinafter referred to as the permitted work). FROM MP TO MP _r or FROM STATION Reference associated State Project Number, under construction (date construction began)~ The requested permit work is~ in the city of Applicant agrees to the following conditions~ TO STATION r date completed, date to be let, ~,~ ; not ln'~ city __ 1. The applicant, with the applicant's engineer of record, shall superv£aa the permitted work. Tho Department reserves the right to inspect the work, materials, or equipment ~t any time with or without prior notification. ' 2. The applicant shall submit documentation &cknowledging the pending work ~ro~ all affected maintaining agencies prior to approval of this permit. Maintaining agencies are those agencies that, by agreement, maintain some facilities in Department right-of-way. Maintaining agencies may place obligations upon the applicant which the Department may include as permit conditions. ~//~ for traffic signals~ ; .. for street lights$ for = ;. for ~. The applicant certifies by signature hereon tha~ the location of all affected utilities has been ascertained and that the applicant is in comptiance with al% applicab~e Florida Statutes. The applicant mailed letters of notification of pending permit work and requesting location to the following municipalities and utility owners on the dates shown t , ,1~__; .. ,19__; . ,19__; 4. It ~s expressly ot~pulated that this permit is a license for permissive uae only. The placing of £acllities or improvements within public right-of-way, pursuant to this permit, does not create or vest any property Fights. $. The Department may determine that removal or adjustment of permitted features or lmprovemenUs is required to facilitate necessar~ construction, maintenance, aa£ety, or efficiency of the h~ghway. Removal or adjustment wl~l be immediate or as otherwise directed by the Department and shall be at the expense of the applicant unless reimbursement is authorized. . 6. The appl£camt may be required to provide notice relating the plan to the p~blic in a manner prescribed by the Department. The permitted work shall not unduly interfere with the rights of others, lnc~uding other permit holders, without appropriate a~reementa with those others. 7. The integrity of all declarations (whether expressed or ~mplied) and of all design drawings presented to support this permit request is the responsibility of the applicant. Such declarations and drawings shal~ be a part of the permit. ~. The appl£cant, heirs, assigns, and successors in interest ~s bound and obligated to save and hold the State of Florida, the Department, ~ts agents, and employees harmless from any and all damages, claims, expense, or ~nJuries arising out of any act, neglect, or omission,by the applicant, heirs, assigns, and successors in interest that may occur by reason of %his facility design, construction, maintenance, or continuing existence of the permitted work, except that the applicant shall not be liable under this provision for damage~ arising from the sole negligence of the Department. to be completed by the Department p-4 ~U November. 1994 (replaces D-4(W)(S)} I I \\ \ II xx II xx |t 11 I1, I l I I l II II II .Il II } / ,J // IV/ II II II Ii II II Agenda Item No. ~'~' Request to be placed on: X Regular Agenda Special Agenda __ Workshop Agenda AGENDA REQUEST Date: Feb. 7, 2002 When: Feb. 19, 2002 Description of item (who, what, where, how much):Approval of a hold harmless agreement between 1161 Of Delray, LLC the owner of the 1155 East Atlantic Avenue project, and the City for the addition of one parking space on the North side of East Atlantic Avenue that was a condition of site plan approval. The City is required to be the applicant on the Florida Department of Transportation general use permit application. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the hold harmless agreement. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac- 1155 East Atlantic Avenue file:s/engadmin/tac/l155 East Atlantic Avenue/ag021902.doc [lTV DF DELRrI¥ BEI:I[H CITY ATTORNEY'S OFFICE 1993 DATE: TO: FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct L~ne 561/243-7091 MEMORANDUM February 14, 2002 City Commission Brian Shutt, Assistant City Attorney SUBJECT: Acceptance of Sidewalk Easement for Pollo Tropical Project Attached please find an easement deed for the maintenance of a sidewalk along Linton Boulevard and S.W. l0th Avenue in conjunction with the Pollo Tropical project. The sidewalk already exists at this location. By copy of this memorandum to David Harden, our office requests that this item be placed on the February 19, 2002 City Commission agenda for acceptance. Please call if you have any questions. Attachment David T. Harden, City Manager Barbara Garito, City Clerk Scott Pape, Senior Planner Prepared by and Return to: JASON S. MANKOFF, ESQUIRE Weiner & Aronson, P.A. 102 North Swinton Avenue Delr~y Be~cb, Florida 33444 EASEMENT THIS INDENTURE. made this ,(,,4t. day M~ili, Jr., as Trustee under that certain land trust ASSOCIATES HI LAND TRUST (here~-aff~r rei'e DEED of February, 2002, by and between Alfred N. dated August 31, 1998 mad known as DAVID fred to as "Trustee", with a mailing address of ~d ~ C~ OF ~EL~Y REAc~, ~ a ~ ~c~ of t00 N.W. 1~ Av~, De~y ~k Flo~ 33~qq, a ~p~ ~oration ~ P~!m B~h ~, S~ ofFlo~ p~of~ s~o~ p~: ~~S~: ~t ~e p~ of~ p~ for ~ ~ co~id~fion oft~ pm~s ~c~ con~ ~ o~ good ~d ~ble corridors, does ~re~ ~, ~g~ seH ~ rele~e ~o the p~ of ~ s~co~ p~, i~ s~c~sors ~d ~s~. a ~of-way ~~ e~t for the p~ose of tM com~ ~n ~ ~c~;e ora public ~ i~ ~ h~, ~ au~og~ to ~ upon a ~ to ~ .ha ~,sintai. such ~de~ ~oss. ~o~ ~ upon or ~thin ~c ~g de~ed ]mp~ lo.ted fl~ P~ Beach Co~. to.~: n sc no S~ Exhibit ~A" Con~t ~ coercive ~ ~s gg~ ~ ~ ~ fi~; ~ ~ p~ of~ ~o~ its ~so~ ~d ~i~. off.ess ~ e~ss ov~ ~ on tha po~on of~ de~ed a~ve. to That this cascw_~t shall Ix: subject only to tl!osc casvmcnts, restrictions, and reservations of record. That the party of the first part agrees to provide for the re. lea~e or subordination of any and all mortgages or ~ ~-umbering this easenmnt. ,The party of the 6'~St part also agrees to ~rect no b~a~g or effect any other ].-~.d of construction or improvc~x~nt.s upo, atbe ahove~erarn~e.d pmpmt'y. It is understood that upon completion of sidewalk c, onstruction, all lands distaxrbed thin, by as a rcsuh of such construction performed thcreov., ,Will be restored to its original or h3ce co edition witl~ut ex-~mse to tim property owner. -1- 02/14/02 THU 14:42 [TX/RX NO 9396] ,-'; d~MM CITY OF DELRAY BEACH I mu. ~ ~. d/,' 1 Party offl~: first pan does hereby ~y ~ ~ ~ to ~d ~d ~ ~ def~ ~ ~ a~ ~ ~ c~ of~ ~on wbo~oev~ ~d ~, ~u~ or ~ i~ ~ it ~ g~d ~t ~ ~ au~or~ to ~t ~ ~ve-de~d c~t ~ ~t ~ s~ ~ ~enc~~ c~ ~ ~o~ded a~. ~ ~e co~e~ of ~ E~t Deed ~ows or p~t~ ~ ~ ~ ~dc ~ ~~ or ~si~s of~ p~ ~ ~SS WHK~O~, ~e p~i~ to ~ E~nt D~cd set ~ek ~s ~ s~s ~ day and year fi~st abo~ written. (Nam= ;~ or WITNESS ~2: (Name printed or typed) STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) The foregoing ir~nm~t ~ sworn m and subscribed bi MARULLI, JR., as Trustee trader ~ha~ certain land Uttst dated ~ TRUST, My Commission Exph~: OR Produced Iden~ifica6Qn duced PARTY OF TH..E FI~'~ PART: Alfr~d N. Mamlii, Jr., as Trustee und~ that certain, land ~ust dated August 31, 1998 ar~l known as DAVID ASSOCIATES HI LAND TRUST for~ me this [~'~y of February. 2002 by ALFRED N. ,ugust 3 l, 19~S and known as DAVID ASSOCIATES IH ~ ofNotar~ublic-S~a~e ~rFl~nclr-- rpe. or STamp Corr~issi~ed Name of Notary Public -2- 02/14/02 THU 14:42 [TX/RX NO 9396] ~IIY u~ DELNHY BERCH LECAI DE&CI2IPTION A parcel of land lying in Section 29, Township: 46 South, Range 43 East. Palm Be~ch County, Florida, said parcel being more portic~?arly described as follows: Commence et the Northwest corner of Tract ~. Layer's North. according to the plat thereof, as recorded in Plat Book 4.3, Page 9. County, Florida. Said point also being on the Avenue; thence North 02'21'45" West along tP lO~h Avenue, said Right-of-Way line lying 40. lOth Avenue, a distance of 151.4.2 feet to said Right-of--Way line North 02'21'45" West, of the public records of Palm Beach Easterly Right-of-Way line of SW loth e Easterly Right-of-Way line of said SW O0 feet East a,f the centeHine of said SW Point of Beginning; thence continue along o distance of 71.97 feet; thence North 42'37'22" East. o distance of 35.35 ,fe~t to a point of the Southerly Rfght-of-Woy line of Linton Boulevard; thence North 87':36 28' Ecls~ along said Ri,ght-of-Way line, o distance of .373.62 feet; thence departing said Right--of-Way line South 02'25'32" East. o distance of 0,91 feet; thence South 86'33'15" West, a~distance of .357.31 feet to the beginning of a curve concave to the Southeast, having a ~odius of 4.0,95 feet; thence S.o, ut.hwestedy and Southerly along the arc of said curve, rhino, ugh ~ central ongle of 88'~0 51 , a distmnce of 65.58 feet; thence South 02'07'36 East. a dist:nce of ~8.72 feet; thence South 87'52'2a~' West, o distance of 0.98 fee' Containing 1,956 square feet, more or less. REVISIONS to the Point of Beginning. iLE:GAI. DES~:RIPTIO~ FOR: THE DAVID ASSOCIATES "~ I~: / 02/14/02 THU 14:42 [TX/RX NO 9396] 2.) 3.) CITY OF DELRAY BEACH SURVEYOR'S THIS SKETCH AND LEGAl DESCRIF INFORMATION ONLY AND DOES N NOTES 'TION IS BASED ON OFRCE - OT REPRESENT A BOUNDARY SURVEY. HIS LEGAL DESRIPTION SHALL NOT BE VALID UNLESS: A) PRO~DED IN ITS ENTIREW C~NSIS~NG OF SHEWS, ~ SHEET 3 BEING THE SKETCH I OF DESCRIPTIC~I. B) REPRODUCTIONS OF' THE DES/;RIPTION AND .SKETCH ARE SIGNED AND SEALED WI~ At EMBOSSED SUR~¥OR'S SEAL, BEARINGS SHOW HEREON ARE R"'FERENCED TO ME P~T OF LA~RS IN~RNATIONAL P~ZA. PLAT 2, ~LAT BOOK 51, PAGE 3o PALM BEACH COUNt, FLORIDA RECORDS, ~E BEARING OF ~E SOUTH RIGHT-OF-WAY OF LINTON BOULEVARD BEING N ~7'36'28" E. F CA 7 oN (NOT VALID ~OUT ~E SIGNA~RE AND ORIGINAL RAISED SEAL OF A FLORIDA IIC~NS~ SUR~YOR AND MAPPER) | I HEREBY CERTIFY ~AT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPER~ SHOWN AND DESCRIBED HEREON WAS COMPLE~D UNDER MY DIRECTION AND SAID SKETCH AN THE BEST OF MY KNOWLEDGE AI~ I FURTHER CERTIFY' THAT MINIMUM TE. CHNICAL STANDARDS BOARD OF SURVEYORS AND MAP TRAT1VE CODE, PURSUANT TO SE THE SKETCH AND DESCRIPTION I~. CUENT OR CLIENT'S REPRESENTA DATE OF' SIGNATURE ) DESCRIP~ON{IS ~UE AND CORRECT TO ,D BELIEF. HIS SKETCH AND DESCRIP~ON MEE~ ME FOR SUR~S S~ FORTH BY THE ~ORIDA PERS IN ~AP'~R 61G17--6, ~ORIDA ADMINIS- CTION ~72.027 FLORIDA STATE STA~. BASED ON INFORM~ON FURNISHED BY glD ~- gbHRWER PROFESSIONAL/SURVEYOR AND M~PER FLORIDA CER~FICA~ON NO, ~6~ II.p~GAL OESCRIpTION FOR: THE DASD ASSOCIATES .. ~/, I~Z/~am~I l~-~-~-~ ~ e~ I C~.,~ / I "u I ~ J Dr~J~g Nome: INCORPORATE PRoI'~S~JoN~L SIJRYg'roR~ P.O. BOX J1469, PA~ ~, ~RJDA COP'fRIGHT ~. 1~9B. 81' ~C..Y., INC,, PRC)~'C$SIC)NAL ..~Ul~l~e$ AND 02/14/02 THU 14:42 [TX/RX NO 9396] FEB. i4.~00~ ~:39PM CITY OF DELRAY BEACH ', M0.980 SOUTHERC RIGHT-OF-WAY LINE .... 'lS'W 357 S86'33 - 2'24'W ' NORT .o~ ~ PL c~ .- AND SOUTHWES 0 PLAT S89'27'25"W NOT TO SCALE S02'25'32'E 0.91' POINT OF 9MMENCEMEN T flWEST CORNER LAVERS NORTH AT BOOK 43, P&GES 92-9~, r CORNER LAvEt~S INTERNATIONAL PLAZA NO. 2. PALT BOOK 51. PAGE -~ NOTE: This drawing does not represent a boundqry survey and is based on office information only. J C~I~T ~. ~9ge, Rv ~,C.Y.[ tN~ PROFg~C ~YO~S [cAC OES~RIPTION rOlt: THE: DAVID ASSOCIATES ~gM fl~ACH GOUN'I~ '1"",- 1 fr',..,, ~.,.,,,,, /U~ "1~"*"' / ' Ora-lng Name: ~D['WAIJ(-I.[ 02/14/02 THU 14:42 [TX/RX NO 9396] CITY OF DELRAY BEACH DOUGL^$~ ~UE ;LLA $% SOUTHRIOGE BENdAMIN LINTON BOULEVARD QrY OF OL~U~r g~¢l~. ~- p~NNINP~ ~ ZOI~iNG P()LLO TROPICAL 02/14/02 THU 14:42 [TX/RX NO 9396] MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~(0- REGULAR MEETING OF FEBRUARY 19. 2002 MEMORANDUM OF UNDERSTANDING AND POLICIES AND PROCEDURES 2001-2004/DELRAY BEACH HOUSING RENAISSANCE PROGRAM FEBRUARY 15, 2002 This is before the City Commission to approve the Memorandum of Understanding 2001-2004 and the policies and procedures which will govern the Delray Beach Housing Renaissance Program for the period December 2001 through December 2004. The Renaissance Program was formed as a result of the Visions 2005 planning retreat which recommended that the delivery of all affordable housing be coordinated through the Community Improvement Department. Both public and private agencies, housing providers and financial institutions were asked to jointly participate in this coordinated effort to facilitate the delivery of affordable housing throughout Delray Beach. In addition to the City, participants include the Community Redevelopment Agency, the Community Financing Consortium, Inc., the Delmy Beach Housing Authority, the Center for Technology, Enterprise & Development (TED Center), and the Delray Beach Community Devdopment Corporation. Since the program's inception in 1996, approximately 138 families have been assisted. All of the above-mentioned partnership members have approved the agreement. Recommend approval of the De[ray Beach Housing Renaissance Program Memorandum of Understanding 2001-2004 and the policies and procedures governing the program. S:\Ctty Clerk\chevelle folder\agenda memos\RenmssancePgm 02.19.02 MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Kenneth L. Thomas, Community Development Administrator ~-~) Lula Butler, Community Improvement Director ~/~ February 12, 2002 Delray Beach Housing Renaissance Program Understanding and Policies and Procedures December 2004 Memorandum of December 2001 - ITEM BEFORE THE COMMISSION The purpose of this item is to obtain approval of the December 2001 - December 2004 Memorandum of Understanding and Policies and Procedures which will govern the Delray Beach Housing Renaissance Program. BACKGROUND The first Delray Beach Housing Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996; approval of a one-year extension was later granted on December 2, 1997. The program was originally designed to assist eighty families over a two-year period. To date, approximately 138 families have been assisted. The Memorandum of Understanding 2001-2004 and accompanying Policies and Procedures have been designed to incorporate the concepts used under the past agreement, while improving elements of the delivery system in order to better assist the citizens it serves in the most efficient and effective manner. The City of Delray Beach's Community Development Division will continue to coordinate the program and provide subsidy dollars through the State Housing Initiatives Partnership Program. Each Agency has committed subsidy funding and/or expertise to this program as a "partnership" of efforts. The amount of dollars available for the program is outlined in Exhibit B of the Memorandum of Understanding. Partnership financing (first mortgage funding) is primarily provided through the Community Financing Consortium; the Community Redevelopment Agency is providing $100,000 for financial assistance plus architectural designs, vacant lots for purchase, loan guarantees and technical assistance to the non-profit agencies; the Delray Beach Housing Authority will make available ten (10) lots in their new proposed subdivision for low- income residents, as opposed to an annual financial allocation. In addition, the TED Center and the Delray Beach Community Development Corporation (CDC) will receive applications for the program, screen and educate applicants on homeownership, process applications, submit requests for subsidy to the Community Development Division and mortgage applications to the lending institutions (s), work with participating builders and represent the applicants during the construction phase (post-closing) of the home purchase. Their usual three thousand dollar ($3,000) compensation for the above mentioned responsibilities have been increased pursuant to the proposed memorandum of understanding to three thousand and five hundred dollars ($3,500) per loan closing. RECOMMENDATIONS Staff recommends approval of the Delray Beach Housing Renaissance Program Memorandum of Understanding 2001-2004 and Policies and Procedures governing the program. All Board of Directors of the participating parmers have approved the agreement at their respective Board meetings. DELRAY BEACH HOUSING RENAISSANCE PROGRAM MEMORANDUM OF UNDERSTANDING 2001-2004 This memorandum of understanding, hereinafter referred to as the MEMORANDUM, entered into as of the day of ., 20 by and between the public and private sector participants of the Delray Beach Renaissance Program, hereinafter referred to as the PROGRAM: The City of Delray Beach (City), the Delray Beach Community Redevelopment Agency (CRA), the Community Financing Consortium, Inc. (CFC), the Delray Beach Housing Authority (DBHA), the Center for Technology, Enterprise & Development, Inc. (TED Center), and the Delray Beach Community Development Corporation (Delray CDC), hereinafter collectively are referred to as PARTNERS and/or PARTICIPANTS. Whereas, the Delray Beach Renaissance Program was formed as a result of the Visions 2005 Planning Retreat, sponsored by the Chamber of Commerce, which recommended that the delivery of all affordable housing be coordinated through the City's Community Improvement Department, and that all public and private agencies, housing providers and financial institutions be asked to jointly participate in this coordinated effort to facilitate the delivery of affordable housing throughout the City of Delray Beach. Thus, the Program was formed to: Revitalize blighted communities and neighborhoods, with a primary focus on the designated target areas of the City's CDBG and CRA geographic boundaries (see Exhibit "A" and "B"). New construction of housing units is limited to the CDBG target area; Create the opportunity to provide a viable economic mix of income levels within the designated target areas, through the provision of homeownership assistance (for households not exceeding 120% of median income for area--determined annually) (City funds to assist homebuyers not exceeding 80%); Provide decent, safe, affordable housing (and suitable living environments), for households determined to be very low (1%-50%), and low (51%-80%) income; Encourage private sector homebuilders and rehabilitation contractors to construct/rehabilitate new/existing affordable housing units within the City of Delray Beach corporate boundaries. New housing construction will continue to be limited to the designated CDBG target area. However, each proposal will be examined on a case-by- case basis. Buildable, vacant residential lots will be provided to participating non-profit partner organizations and eligible families/customers. Existing units requiring rehabilitation (acquisition/rehabilitation) will not be subject to mandatory target area restrictions; Provide participating building/rehabilitation contractors and non-profit organizations access to construction financing through a non-profit consortium of lenders known as the Community Financing Consortium, Inc., (CFC) as well as other interested lending institutions involved in the underwriting and financing of affordable housing; Subsidize owner occupancy of affordable single-family residential detached housing units with sale prices ranging between $50,000 and $107,949 (existing) / $134,040 (new construction) (CRA funds to be used up to $134,000 for new construction) (see Exhibit C "Purchase Price"); Provide an opportunity for area residents to receive homebuyer education, and develop homeownership skills; Provide for a comprehensive, coordinated approach to the delivery of affordable housing, maximizing the ability to leverage available funds and stabilize residential neighborhoods within the designated target areas; Whereas, the participants of the Delray Beach Renaissance Program have committed specific funding allocations to the further creation and success of the continued program, and Whereas, the participants of the program have identified roles and responsibilities of each of the participants as follows; CITY OF DELRAY BEACH (Community Development Division) · To administer available grant funds (for homeownership opportunities) and ensure compliance with all applicable governing regulations, statutes, local and state laws, and program specific requirements; · To exercise due diligence and responsible decision making to ensure that program funds are committed and expended in the most expeditious and efficient manner possible (i.e. best use of funds); subsidy awards to be approved in accordance with Policies and Procedures contained herein; · To undertake overall coordination, monitoring and reporting of all program requirements related to the City administered funds under the Program; · To maintain the availability of funds to be used as subsidies from the City's annual SHIP allocation; the City will maintain its authority to approve/deny all Renaissance deals (on an individual basis) requesting subsidy assistance from the City; · To refer program applicants and interested persons to the non-profit Renaissance partner agencies for credit counseling (if needed), application submittal, and mortgage qualification; the City will ensure that all grant recipients under the Program are channeled through the non-profit CDC partners; · To act as the clearinghouse on behalf of all partners, coordinating the approval and advance of subsidies (in accordance with program requirements) for eligible homebuyers, providing income certifications for each participant family and/or lot. · To continue providing appropriate incentives to units constructed under the Program as defined under the City's approved Local Housing Assistance Plan (LHAP), required under the State SHIP Program; · To establish an intake and processing system governing the evaluation and approval of individual and aggregated financing packages requiring subsidy assistance fi.om the City; · To provide technical assistance on grant applications designed to leverage partnership dollars and when necessary, identify and recommend to the City Commission the submission of appropriate grant applications (where needed) to further the success of the City's affordable programs; · To provide customary municipal permitting, inspections and services for all units constructed/rehabilitated under the Program; · Make available City acquired lots to potential home buyers to potential homebuyers or participating non-profit CDC parmers as a means of subsidy, ensuring the affordability of new units; · Provide additional professional construction/rehabilitation inspections and services through the Community Development Division for all units constructed/rehabilitated under the Program. Payment of all invoices for rehabilitation work conducted will be approved following (CD) inspection and approval of all invoiced items. Rehabilitation subsidies will be held and disbursed by approved Title Companies. All acquisition/rehabilitation deals will require pre-inspection and approval of "scope of work" prior to subsidy encumbrance or approval; · To provide incremental payments in the form of "developer fees" to the non-profit partner agencies for eligible homebuyers under the Program not to exceed $3,500 per home purchase. Fees will be provided as follows (following CD inspection and approval) for acquisition/rehabilitation deals: 60% at closing; 40% at C/O / final inspection and final draw. Fees will be provided as follows (following CD inspection and approval) for new construction deals: 50% at closing; 50% at C/O / final inspection and final draw. Authorized developer fees will be distributed as follows: Acquisition/Rehabilitation deals - Title Compan,~l New Construction - CD Division~ · To make available (based on supply) City acquired vacant lots to potential homebuyers or participating non-profit CDC partners as a means of subsidy, further ensuring the affordability of new units; · To facilitate the construction of infrastructure improvements such as sidewalks, streets and lighting when appropriate to facilitate the construction of infill housing units (at the discretion of the City); · To give priority consideration for subsidy assistance to applicants residing and/or working within the City of Delray Beach at time of application; the CD Division will compliment the marketing efforts of the non-profit CDC partner by marketing the first-time homebuyer program(s) through our established network of Homeowners Associations; · To evaluate and determine the cost effectiveness of each deal submitted for subsidy consideration (construction and financing); the City will also monitor availability of housing choices (i.e. cost, size, elevation, etc.); · To continue providing specific construction permit fee waivers for all applicable new construction deals under the Renaissance Program; · To monitor all recorded Promissory Notes to ensure the recapture of invested funds where necessary; each subsidy will be provided in the form of a second (forgivable) mortgage to the property; · To ensure that architectural plans and designs used are compatible with neighborhoods impacted, by providing recommendations and suggestions; DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) The Delray Beach Community Redevelopment Agency ("CRA") is a public agency established by the City for the purpose of promoting commercial and residential redevelopment within the City's designated redevelopment area. The CRA role as a Parmer shall be: · To provide second and/or third mortgage assistance to families between 80% and 120% of the median income. The CRA will make available $50,000 annually in the form of a subsidy to assist those families to reduce a portion of the cost of the home in order to lower the end price to the homebuyer. At no time shall the CRA's subsidy exceed 100% of the appraised value of the home as established by the lender's appraisal (funds are available for each fiscal year.) However, there is no carry over of any balance to the next fiscal year; · CRA funds are available for use only within the CRA targeted area and not in the larger corporate boundaries; · To provide an inventory of available vacant lots within the target area. Lots would be provided to homebuyers by either an assignment of the contract and/or through a Request For Proposal ("RFP") process as dictated by State Statutes. The RFP would be responded to by a non-profit housing sponsor with a comprehensive plan of development on behalf of the individual homebuyer; · To provide lots with clean titles; · To provide appraisals, soil boring, and surveys on lots purchased and/or contracted. The soil borings and surveys would be reimbursed to the CRA by the contractor and/or homebuyer at the time of closing on the construction/permanent loan by the homebuyer; · To make those architectural plans purchased under the "Affordable Housing Design Competition" or any other plans the CRA may provide from time to time, available to the homebuyer, non-profits and builders at a cost of $500 each. To work with the approved builders and non-profits to review elevations and floor plans and provide recommendations and/or suggestions regarding improvements, cost to be included in the purchase price of the home, prior to contracting with a homebuyer. The CRA will provide a one time only reimbursement to builders and/or their architects subject to CRA Board approval for architectural fees to accommodate changes in elevations; · To provide technical assistance to both the Delray Beach Community Development Corporation and The Center for Technology, Enterprise and Development, Inc., to provide financial assistance, to assist with grant applications to leverage parmership dollars, and, when applicable, be an applicant or co-applicant with one or more of the partners in the program; · To provide a loan guarantee to any qualified "Renaissance" Builders for a model home and who needs credit enhancement in order to obtain a construction loan. The loan guarantee shall be limited to maximum amount of 25% of cost of construction, but in no case to exceed $20,000. Only one loan guarantee will be issued to a builder at a time subject to the CRA Board approval on a case by case basis. The CRA will offer to reimburse the Builder, upon request, for construction loan interest charges incurred during the period the home is utilized as a model. The maximum amount shall be limited to 90 days of interest, hut in no case to exceed $1,500.00. The commencement date shall be the date the City of Dekay Beach issues a "Certificate of Occupancy". The termination date shall be the date of closing to a third party or 90 days fi:om the commencement date, whichever is less. THE COMMUNITY FINANCING CONSORTIUM, INC. (CFC) The Community Financing Consortium Inc., is a not-for-profit corporation involved in the processing of first mortgage construction and permanent loans for affordable housing applicants. The CFC's role as a Renaissance Partner shall be: · To provide technical assistance in grant applications to leverage partnership dollars and when applicable, be an applicant or co-applicant with one or more of the partners in the program; · To organize and provide a credit clearing/incubator program that will enable certain applicants to become mortgage worthy; · To organize and provide a four hour mandatory homebuyer/homeownership training session for homebuyers. Attendance would be monitored and certification issued upon successful completion. Completion of the first session would be a requirement for loan closing; · To provide a commitment for first mortgage financing to affordable housing applicants, at a rate 50 basis points below the prevailing FNMA 30 day mandatory rate; · To recommend to the partners, the amount of junior mortgages required for an individual homebuyer; · To provide loan processing and mortgage financing to homebuyers and participating non- profit organizations participating under the Program. The loan processor shall be available in Delray Beach; · To comply with monitoring and reporting requirements of funding sources such as the State SHIP Program. DELRAY BEACH HOUSING AUTHORITY The Delray Beach Housing Authority's role as a Renaissance Partner shall be: Since program inception, the Housing Authority has contributed approximately $60,000. The Housing Authority's funds are targeted to assist very low and low-income (up to 65% of area median income) families in the transition towards self-sufficiency and permanent homeownership. Pursuant to this agreement, the Housing Authority plans to develop a single family home subdivision and at least ten (10) lots will be made available for program participants within the single-family home subdivision developed through a partnership between the City of Delray Beach and the Housing Authority. NOT-FOR-PROFITS: THE TED CENTER AND THE DELRAY BEACH CDC The two (2) non-profit agencies in the Program will continue to act as the primary housing packagers for all homeownership packages under the program; they will remain responsible for guiding Program homebuyer applicants from application/pre-qualification to loan closing, and finally, through the construction/rehabilitation process; the agencies will act as the applicant's/buyer's agent or representative through the receipt of the required CD approval, and Certificate of Occupancy (C/O) and/or Final Inspection from the City of Delray Beach. Processing and development services will be compensated (in part) through the payment of reasonable "developer fees" to be paid by the City of Delray Beach as a component of each housing package. Fees generated will not exceed $3,500 per package. Additionally, the two (2) agencies will participate in the submission of grant applications. The non-profit Partners will also · Submit only completed packages to the CD Division for review and initial approval; requested subsidy packages will not be reviewed and funds will not be encumbered unless/until the package is complete (including financing/lender documents). Once determined complete and eligible, funds will be conditionally encumbered (award contingent upon City Commission approval); · Provide marketing opportunities for approved builders; required participating builders to maintain the minimum availability of three (3) different home models (varying floor plans, elevations, sizes, price ranges, etc.) at all times. A description of marketing tools utilized, builder opportunities provided, and new initiative undertaken by each of the non-profit agencies will be made available to the Partner agencies periodically; · Submit files including a cover page delineating homebuyer's name, property location, family size, and other narrative information describing specifics of the purchase (including current file submission checklist); · Ensure that each acquisition activity contains a rehabilitation component; for our purpose, "rehabilitation" means repairs or improvements which are needed for safe or sanitary habitation, correction of code violations, or the creation of additional living space; cosmetic improvements including painting (by themselves) do not fit this definition; · Act as project developer by acquainting builders with program guidelines, code requirements, and housing specifications, and to oversee the entire construction process (as the applicant's /buyer's representative); · Be responsible for ensuring that all builders/contractors utilized are licensed appropriately and capable of performing all necessary work. The agencies will further be responsible to ensure that all applicable permits, inspections, and fees are obtained and paid (as required for the respective scope of work) per housing packages; · Respond to lot sales offered by the City and CRA which require homebuyer applicants to have a comprehensive plan of development and a non-profit sponsor as co-applicant; · Provide assistance to applicants/homebuyers in obtaining a residential mortgage (loan packaging) from the lender of choice. The non-profit agencies will prepare the completed applicants files (to include request for subsidy assistance) and submit the same to the City of Delray Beach Community Development Division for evaluation and processing, no later than three weeks prior to the anticipated/targeted Ci~ Commission Meeting date; · Homebuyer packages must contain up to date income verification documents (not older than 30 days) upon submission to the City for review; · Refer applicants for (or provide) credit repair and/or counseling in order to qualify for a (primary) mortgage; · Provide pre-qualification and credit counseling/repair for home buyers, assist them with the builder's construction contract, and in selecting a vacant parcel to purchase; · Serve as agent for the Homebuyer in all communications with the builder; · Participate in a formal "walk-through" with the homebuyer (as representative) at project completion and prepare a "punch list" for required finishing work, in an effort to monitor overall quality; · Apply for grants designed to enhance program development and capacity. To act as lead applicant or co-applicant in partnership with members of the Delray Beach Renaissance Program; · Provide homebuyer education workshops and seminars, including home maintenance and repair, homestead exemption, code enforcement compliance issues, residential insurance, and budget planning; · Identify and seek out available funds to be used for leveraging existing program dollars such as the Palm Beach County Commission on Affordable Housing - Housing Trust Fund; · Ensure clear/marketable title is obtained for all properties to be purchased, conveyed, or made part of in anyway, a subsidy request submitted to the City for assistance. GOALS OF TIlE PROGRAM The Partner agencies involved in this program will provide senior and junior mortgages, packaging services, home buyer assistance and program compliance support in relation to the provision of approximately thirty (30) affordable home purchases (ten per year) over the period of this agreement. All assistance packages may be in support of new home construction. As many as fifteen (15) packages (five per year) are targeted to be in support of the acquisition/rehabilitation of existing homes. TIME OF PERFORMANCE This new agreement shall be in effect during the period December 21, 2001 to December 21, 2004. All roles and responsibilities shall be undertaken and performed in such sequence as to assume their expeditious completion in light of the purposes outlined herein. An extension of this Agreement shall be by consent of each participant. TERMS AND CONDITIONS, POLICIES AND PROCEDURES The Participants agree to comply with and be bound by all the terms and conditions of the 7 Agreement and Policies and Procedures. TERMINATION The Participants agree to cooperate in carrying out the purpose of this Agreement. Failure to do so of the parties shall warrant termination of the Agreement provided notification is given in writing within thirty (30) days prior to the effective termination date. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor David Schmidt Approved as to Form: City Attorney Wimess: CITY OF DELRAY BEACH, FLORIDA COMMUNITY REDEVELOPMENT AGENCY By: John Weaver Executive Director DELRAY BEACH COMMUNITY DEV. CORP. By: Charles Broadnax Chairman of the Board DELRAY BEACH HOUSING AUTHORITY By: Thomas Carney, Jr. Chairman of the Board COMMUNITY FINANCING CONSORTIUM By: Lynn Solomon Executive Director T.E.D. CENTER By: Seabmn Smith Executive Director The Delray Beach Renaissance Program Policies and Procedures I. Purpose The Program is a continuation of the jurisdiction's coordinated approach to housing delivery that utilizes the expertise and resources of various affordable housing providers throughout the City. The Program was originally designed and continues to provide homeownership opportunities to eligible homebuyers through new construction and acquisition/rehabilitation of existing homes. This continuation Program covers December 21, 2001 through December 21, 2004. Specificalll~, the program has as its purpose: · To revitalize deteriorated conditions and stabilize existing neighborhoods within the CDBG target area (new construction) and Citywide (acquisition/rehabilitation). · To support and create additional oppommities to provide viable economic mixes of income levels within the target areas (CDBG/CRA). · To provide decent, safe, sanitary, and affordable housing for very low and low-income households on a citywide basis. · To assist in the development of new homes and acquisition/rehabilitation of existing homes for first time homebuyers. · Implementation of a comprehensive home building and community revitalization initiative. Resources from each partnership participant will be leveraged to reduce the cost of housing for very low and low-income homebuyers. · To directly impact the "affordability" of homes purchased by supporting purchases in which monthly mortgage payments, including taxes and insurance, do not exceed 30% of an amount representing the percentage of the area's median annual gross income for the household. However, housing for which a household devotes more than 30% of its income may be deemed affordable if the primary mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark. · Through various incentives, encouragement of private builders to construct (new) affordable housing within the target areas (CDBG). · Provision of construction financing opportunities for participating builders and non-profits through a consortium of lenders called the Community Financing Consortium, Inc., as well as other interested lending institutions involved in the underwriting and financing of affordable housing. · Creation of a mix of affordable housing units with sale prices ranging between $60,000 and $134,040 (existing $107,949), (new construction $134,040) or as amended by the State of Florida. · To market opportunities to all potentially eligible homebuyers, with priority consideration given to applicant families residing and/or working in the City of Delray Beach. · To encourage the participation of interested institutional first mortgage lenders throughout the community in an effort to increase opportunities for the homebuyers and lending community. · To provide an opportunity for area residents to receive homebuyer education, credit counseling and repair, develop homeownership skills, and obtain mortgage approval. · To provide an affordable housing delivery system that supports and encourages the commitment of maximum first mortgage capacity (and affordable front/back end ratios) for all homebuyer packages. II. Approval These policies and procedures require approval by the Delray Beach City Commission, Delray Beach Housing Authority, Community Redevelopment Agency, Community Financing Consortium, Inc., Delray Beach Community Development Corporation (CDC) and the Delray Beach Center for Technology, Enterprise and Development, Inc., (TED Center). IlL Administration Overall administration of this program shall be in accordance with the Memorandum of Understanding entered into between the Delray Beach Affordable Housing Partners: The City of Delray Beach, the CRA, and the De[ray Beach Housing Authority, the TED Center, the Delray Beach CDC and the Community Financing Consortium, Inc. Implementation of these policies and procedures shall be the responsibility of the City of Delray Beach Community Development Department Administrator, the Executive Directors of the Housing Authority, the CRA, the Community Financing Consortium, the TED Center, and the President of the Delray Beach CDC. IV. Program Description The following is a summary of homebuyer eligibility criteria and overall procedures for implementation of the various components of the Program (unless revised due to regulatory/program revisions associated with the funding source (s)). 1. Home-Building This strategy involves the provision of as many as thirty (30) single - family units during the three (3) year agreement period (ten per year). All units may be newly constructed or utilizing the acquisition rehabilitation strategy during the three year period. All existing unit acquisitions must contain a rehabilitation component. A minimum of 60% of all subsidies provided by the City of Delray Beach must serve to benefit households categorized as very Iow and low- income. Priority assistance will therefore by given to those households. ao Additional Eligibili ,ty and Priori ,ty Considerations Subsidy Limits: Program applicants under the Program will be processed on a first come, first serve basis. Total subsidy assistance (maximum allowable) will be provided to eligible program applicants in accordance with the following Subsidy Assistance Grid: Percentage Number of Persons in Household of Median 1 2 3 4 or more 0 - 50% 21,250 22,500 23,750 25,000 51 - 60% 19,125 20,250 21,375 22,500 61 - 70% 17,214 18,226 19,238 20,250 71 - 80% 15,300 16,200 17,100 18,000 The use of funds committed by the Delray Beach Housing Authority is restricted to households with incomes not exceeding 65% of MFI for the area. Households with incomes not exceeding 120% of MFI for the area are eligible for assistance under the CRA Program component of this partnership. In calculating the value of the total subsidy package, neither the waived building permit fees (which would normally be charged for new home construction), nor the value of reduced impact fees, (which are available to units constructed on lots with prior residential use), are to be considered part of the total subsidy amount. be Resident/Employment Status: Applicants (documented) residing and/or working within the corporate limits of the City of Delray Beach will be given priority consideration for assistance. c. Family Status: Parental households with dependent children shall receive primary consideration. de Credit Worthiness: A credit report will be requested and reviewed with the participating lender. Those households meeting the lenders credit standards will be further processed. Those households that cannot meet underwriting standards/requirements will be referred for credit counseling and other necessary services. Package Requirements: Only those applicant packages submitted to the City for funding assistance consideration which are complete and comply with all documentation requirements will be given consideration (on a first come, first served basis). f. Income: Household income will be computed in accordance with the State Housing Initiatives Partnership (SHI?) Program guidelines (as well as other applicable funding source guidelines). Income is considered to be the total for all persons residing within the 12 household; income limits are adjusted for family size. The same will be verified by a signed employer verification form, and/or income tax records (for self-employed). Special Needs: Persons/households determined to have "Special Needs", in accordance with the SHIP Rule at 91-37.002 and other cases determined by the City and according to the LHAP, shall be given priority and special consideration for assistance. Debt Ratio (Affordability): All applicants will be screened based upon the primary lender's income to housing debt ratio requirements. Housing expenses (PITI) shall not exceed 30% of the MFI (for the area) adjusted for family size for the income category into which household falls. Exception to this ratio can be made if a mortgage amount resulting in a monthly payment in excess of 30% is approved by a primary lender. Public Housing/Section 8 Tenants - Subsidy assistance provided by the Delray Beach Housing Authority (Partner) will give preference to eligible families/households residing at the Carver Estates Public Housing Complex or receiving Section 8 rental assistance. j. Homebuyer Contribution: Each homebuyer household must contribute a minimum of two (2) percent (%) of the total purchase price at time of closing. Local First Time Homebuyers: Is defined as not having owned a home during the past three (3) years, a single parent with children under the age of 18 who has recently been divorced and/or displaced, a displaced victim of domestic abuse or a person displaced as a result of a governmental action, and those who have special needs according to Chapter 67-37.002 (13). Local Homebuyer Asset Limitation: Homebuyers with household liquid assets in excess of $15,000 will be required to decrease their asset value to under $15,000 through an additional homebuyer contribution. Liquid assets to be analyzed on a case by case basis. 2. Homebuyer Assistance a. Assistance with Construction Financing: Forgivable no interest loans may be made for "gap fmancing" purpose; principal reduction; payment of closing costs and impact fees (ordinances adopted by Palm Beach County and the City of Delray Beach do not allow the waiver of impact fees) associated with the construction of new affordable housing units. Subsidy funds provided will be secured in the form of a second mortgage on the property and run for a period of five (5) years for loans less than $15,000 and ten (10) years for loans of $15,000 or more with a 0% interest rate. For each year the household resides in the property as their principal residence 1/5 or 1/10 of the assistance amount will be forgiven. Each recipient must agree that during this period, if the household sells or transfers the property, except to pay for major health care expenses or by inheritance at death, then the household shall repay to the City the unamortized portion of the forgivable loan. The City shall determine on a case by ease basis whether "major" health care expenses have been incurred by the household. New construction of units will continue to be limited geographically to the City of Delray Beach Community Development Block Grant (CDBG) target area. Each construction package will be evaluated by Community Improvement Department/Community Development Division staff to determine cost feasibility/effectiveness and to ensure an efficient application of subsidy funds. All applicable construction documents will continue to be required for submission to the City for evaluation. The City reserves the right to evaluate each proposal and deny the award of subsidy based on the above. All construction activities for which City subsidy funds have been awarded in support of must be accomplished in an expeditious manner. Allowable "developers" fees (per package) for new construction activities will be provided by the City as follows: 50% at closing; 50% draw at Certificate of Occupancy (CO)/final inspection. The Community Development Division must also confirm that work standards and permitting and inspection requirements have been met. Participating lenders/providers of first mortgages will be required to provide documentation to the City of Delray Beach delineating final payment (in accordance with draw schedule) of construction funds to the selected construction firms, within fifteen (15) days of final payment. Lenders will continue to administer construction draws. However, allowable "developer fees" associated with new construction activities will be distributed by the City of Delray Beach CD Division. The City will continue to provide Affordable Housing Incentives for the new construction of single-family (owner-occupied) housing units under the Renaissance Program, including: an expedited permitting process, reduction of parking and set back requirements, reduction of local landscape requirements, and the waiver of (specific) permit fees. Acquisition/Rehabilitation of Existing Units: forgivable no interest loans may be made for "gap financing" purposes; principal reduction; and payment of closing costs in support of existing home purchases for eligible first-time homebuyers. Subsidy funds provided will be secured in the form of a second mortgage on the property and mn for a period of five years for loans less than $15,000 and ten years for loan amounts of $15,000 or more, with a 0% interest rate. Each assistance recipient must agree that during this period, if the household sells or transfers the property, except to pay for major health care expenses or by inheritance at death, then the household shall repay to the City the unamortized portion of the forgivable loan. The City shall determine on a case by case basis whether "major" health care expenses have been incurred by the household. For each year the household resides in the property as their principal residence, 1/5 or 1/10 of the assistance amount provided will be forgiven. The City of Dekay Beach anticipates the support of a maximum of ten (10) acquisition/rehabilitation assistance packages per year during the period covered by this agreement (maximum of ten). All existing unit purchases will be inspected by the Community Development Division as a component of the evaluation process. This will be accomplished by the Division's Housing Rehabilitation Inspector and Community Development Administrator or Housing Rehabilitation Specialist. The Division will certify all work claimed to have been accomplished by the seller and ensure that ail other local requirements are met. Acquisition packages requiring post-closing rehabilitation proceedings must submit a listing of the specific proposed rehabilitation items/tasks to be addressed (by line item and amount). The 14 Division's Inspector will inspect the unit to ensure that requested repairs address (at minimum) all safety, sanitary, and habitation issues, and correct all code violations. The proposed scope of work will be evaluated for cost effectiveness. Under certain circumstances, additional work may be required, in order to bring the unit (s) up to acceptable standards. Rehabilitation funds will be held in escrow and distributed by the retained title company for each package. Applicable "developer" fees will be escrowed and distributed as well. All construction draws must be submitted to the CD Division for review and approval, prior to the release of funds from escrow. The Division Administrator will authorize the payment of each draw (not to exceed five) as a required signature to release funds from the Title Company (as per the approved Escrow Agreement). The selected title company (s) must be willing to execute the escrow agreement in order to participate. Allowable "developer" fees (per deal) will be provided by the City as follows: 60% at closing; 40% at C/O/final inspection and final draw. The selected Title Company as a component of the draw (s) will also distribute such fees. In such instances where the Title Company does not participate, the City of Delray Beach will escrow and distribute the funds (same procedures). Rehabilitation scope of work (chan~e orders) / Reimbursements Reimbursement will be processed for work/items included in the approved rehabilitation "scope of work" as per closing documents (derivations must be approved in advance by the homebuyer, selected contractor, and Community Development Division). City funds will not reimburse "unapproved" work/items. Prior to the release of funds, CD Division staff will inspect all invoiced work to ensure completion, quality standards, and compliance with ali codes and requirements. The City will only reimburse work/items that has been completed/installed and meets the following additional requirements. Invoices requesting payment for completed/approved work must provide specific accomplishments (by line item) with the corresponding amount (s), as per the approved scope of work. Selected contractors are not permitted to perform additional work related to thc property to be paid by an alternative source (i.e. additional tile work, porch enclosure, landscaping additions, etc., to be paid by the homeowner), while the City approved construction is underway. All required/applicable permits must be obtained prior to the commencement of work; copies of permits, proof of inspection approval (s), and the approved (and amended, if applicable) scope of work must be posted "in clear view" at the job site during all stages of the rehabilitation. Only licensed contractors are permitted to participate in the acquisition/rehabilitation program. The City reserves thc right to withhold payment based on the above requirements. In such instances, funds will be released following the adequate and complete correction of all noted issues of non-compliance. All work performed must include a warranty covering at least a one (1) year period following final payment and j ob completion. Construction companies determined to present continual instances of non-compliance and/or poor quality workmanship will be subject to program suspension and possible termination from program participation. Instances wherein warranty work is not adequately addressed and corrected will be treated as "abandonment." All issues of "abandonment" will be documented and reported. The Community Development Division will apply all standards/requirements consistent with those governing the Division's comprehensive Housing Rehabilitation Programs for owner- occupied households. 3. Recapture Provisions Families/households assisted under the Renaissance Program shall be contractually subject to Recapture Provisions through the recording of a second mortgage and promissory note, as set forth in the City of Delray Beach Local Housing Assistance Plan (LHAP). These provisions require that purchasers must occupy the assisted (subsidized) units as their principal residence for a period of five (5) years for loans less than $15,000 and ten (10) years for loan amounts of $15,000 or more. Otherwise, the purchaser (s) will be obligated to repay a prorated portion of the subsidy award. Any moneys recaptured through the sale of a subsidized property within the designated period shall be returned to the applicable subsidy program account and made available to another eligible first-time homebuyer. The second mortgage and promissory note will be recorded in the Public Records of Palm Beach County. The City of Dekay Beach will be notified (as a lien holder) upon sale of the subject property. 4. Aoolication Process/Loan Processing Applications for (affordable housing) assistance under the Program may be obtained from the City of Delray Beach (and the network of Homeowner's Associations), Delray Beach CRA, Delray Beach Housing Authority, TED Center, and the Delray Beach CDC. Each application for assistance under the Renaissance Program will be initially processed by either the TED Center or the Delray Beach CDC. Interested persons receiving applications from the CD Division will be referred to the Delray Beach CDC and TED Center on a rotating basis. Upon receipt of application, the non-profit partner agency shall evaluate the applicant household and determine eligibility (in accordance with Renaissance Program guidelines and program regulations). The agency will provide pre-qualification services, credit counseling and repair, housing unit and lot selection, building contractor assistance homebuyer education, provide homeownership skills training, and give priority assistance to applicants residing and/or working within the City of Delray Beach at time of application. The agency will guide each applicant from application/pre-qualification to loan closing, and finally, through the construction /rehabilitation process. Upon successful pre-qualification, eligibility and preparation of all necessary documentation (as required by the City of Delray Beach), the non-profit shall submit a completed applicant file to the CD Division and request the estimated amount of subsidy needed. Complete files must be submitted at least three (3) weeks in advance of the anticipated/targeted City Commission meeting. The non-profit partner will have the responsibility to ensure that the selected primary lender's financing documents are submitted to the CD Division concurrently. Upon receipt of the completed applicant package from the non-profit Partner agency, the CD Division shall evaluate the applicant information and determine eligibility in accordance with this Program Agreement, governing program regulations/guidelines, cost principles and other applicable federal, state, and local regulations. Once the in-house analysis and eligibility determination is completed and the applicant is approved for funding consideration by the City Commission, the package will be presented to the Commission for approval and a final award determination. The CD Division will inform the applicant and non-profit partner of this action. 5. Contractor Pre-qualification and Selection Process A minimum of five (5) approved (licensed) builders are needed to participate in the new construction program. Additionally, at least three (3) of the approved participating builders should be willing to undertake the rehabilitation work associated with the Acquisition/Rehabilitation program. The performance of the selected builders shall be monitored by the participating non-profit agencies and the Community Redevelopment Agency (CRA). Basic contractor requirements for acceptance into the programs include, but are not necessarily limited to the following: · Current liability insurance coverage · Demonstrative Financial Soundness · Ability to provide a ten (10) year Home Owner's Warranty Program (new construction) · Ability to provide a minimum of three different floor plans and elevations · Ability to provide several choices of affordable units · Possess a proven track record in the single family affordable market as attested to by governmental agencies, non-profits agencies in the field, homebuyers, lending institutions, and suppliers · Current Workman's Compensation Insurance or exemption form · Current occupational license Contractors who know the following are stronl~lF encouraged to applF: · General principals of rehabilitation and construction of single family homes · Local building codes and requirements · What constitutes quality construction and workmanship Participating contractors will be expected to: · Perform quality work · Communicate well with others · Meet construction deadlines and complete work on time · Establish a rapport with unit owners and respect their desires 1'7 · Follow up on warranty work and complaints in a timely manner · Follow sound and honest business practices Mortgage Financin~ The selected participating lending institution shall provide all necessary (to include revised) loan closing documentation and confirmation of loan closing date, to the Community Development Division at least (1) week in advance of the anticipated loan closing. Mandatory Homebuyer Seminars Homebuyers shall be required to attend at least two 4-hour training sessions. One session shall be held prior to closing as a condition of the loan closing. The second session shall be held close to the time of occupancy to educate households about the responsibilities of home ownership and building maintenance. The primary lending institution shall coordinate each session with assistance from other participants as needed. Proof of completion should be made part of each applicant's/household's file. These sessions shall at a minimum include the following topics: · Personal Finance and Planning · Credit and Borrowing Fair Housing Issues · Maintenance and Upkeep · Underwriting Criteria · Property Tax Information · Other information as required by participants and federal/state regulations During the period covered by this Agreement, the City will explore additional resources in support of homebuyer education. Both pre and post-closing educational opportunities will be evaluated for their potential future application under the Renaissance Program. Lot Acquisition and Title Repair The Community Redevelopment Agency (CRA) shall have the primary responsibility of seeking out vacant (buildable) lots suitable for infill housing. These lots may be purchased outfight and then resold as part of the loan package, or they maybe assigned through a lot contract between buyer and seller and the sale completed at the time of closing. Vacant lots owned and made available by the CRA and the City of Delray Beach will be cleared of all title issues/problems prior to conveyance to a potential homebuyer. Lot Acquisition for New Construction Assistance with the purchase of vacant, single family lots within the boundaries of the CDBG Target Area may be given to eligible sponsors or the very low and low income households needing to subsidize a portion of the cost of the home or mortgage to reduce the end price. Lots acquired and provided to eligible sponsors and/or families will be conditioned on construction beginning within twelve months of closing or assignment of the lot, and the condition that the new unit must be completed within 24 months of the fiscal year in which it was acquired. Families receiving this form of assistance must be approved for a mortgage. Lots shall be provided on a first come/first served basis. However, lots which have been identified as having had prior construction (and thereby eligible for County road and residential impact fee waivers), will be set aside for eligible very low-income households. Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: ~ Regular Agenda ~ Special Agenda ~ Workshop Agenda xxxxx Consent Agenda When: February 12, 2002 February 19, 2002 Description of item: The purpose of this item is to obtain approval and execution of the Memorandum of Understanding and the Policies and Procedures that qovern the Delray Beach Housinq Renaissance Program for December 21,2001 - December 21,2004. Recommendation: Staff recommends approval of the Delray Beach Housinq Renaissance Program for 2001 - 2004. The Memorandum of Understandinq and Policies and Procedures has been approved by all of the partnering agencies. CDBG Total: Account Number: Deparlimentl-~ad Sigj~ature: ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: (if applicable) City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~. - REGULAR MEETING OF FEBRUARY 19, 2002 CONSULTING SERVICE AGREEMENT/SOUTHWEST AREA NEIGHBORHOOD REDEVELOPMENT PLAN: NOVEMBER 3, 2000 This is before the City Commission to approve an agreement with JEG Associates for consulting services associated with the Southwest Area Neighborhood Redevelopment Plan in the mount of $50,000. The Community Redevelopment Agency will contribute $10,000 and the Florida Atlantic University will contribute $5,000. Recommend approval of the Standard Form of Agreement between the City of Delray Beach and JEG Associates for the Southwest Area Neighborhood Redevelopment Plan. S:\C~ty Clerk\chevelle folder\agenda memo~\southwest.02.19 02 MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David T. Harden, City Manager Thomas, Community Development Administrator ~ Kenneth L. Lula Butler, Community Improvement Director ~ February 14, 2002 Southwest Area Neighborhood Redevelopment Plan RFP #2002-08 ITEM BEFORE THE COMMISSION City Commission approval of the Standard Form of Agreement Between the City of Delray Beach and JEG Associates for the Southwest Area Neighborhood Redevelopment Plan RFP #2002-08. BACKGROUND The City of Delray Beach Community Development Department in partnership with the Downtown Delray Beach Master Plan Steering Committee, and Stakeholders of the Southwest Area community issued a Request for Proposals (RFP) to seek a Planning Consultant to develop the Southwest Area Neighborhood Redevelopment Plan. The purpose of the plan was to focus on sustaining neighborhood development as it relates to economic development, improved housing stock and community facilities. We received over 75 inquires regarding the RFP, however only twelve (12) firms submitted proposals. Of the 12 firms two firms (Iler Planning Group and Joseph E. Gray Associates) were short listed. The firms were given an opportunity to present their proposals before community stakeholders, staff and steering committee members. All parties present at the presentation unanimously recommended JEG Associates. The Downtown Delray Beach Master Plan Steering Committee on February 4th at their regular scheduled meeting approved the recommendation and a request to the City Commission to authorize the planning contract. JEG's proposed planning process will employ various techniques to reach stakeholders such as personal interviews, walking tours, focus groups, workshops and traditional flyers/meeting notices. JEG Associates have completed similar plans throughout the United States and within the th-county area (Boynton Beach and Miramar). JEG's initial proposal was $53,000, however their revised cost is $50,000 based on the proposed amendments to the Scope of Services which include meeting notifications performed by the Community Development Department, and providing two (2) bound copies and an electronic copy (CD) of the final plan. Funding for the $50,000 Consultant contract will be as follows: Community Redevelopment Agency $10,000, and the Florida Atlantic / Florida International University Joint Center for Environmental and Urban Problems $5,000. The remaining amount of $35,000 will be appropriated from the approved $30,000 MacArthur Foundation Grant fund and $5,000 from the Community Development Department Neighborhood Program. The CRA and FAU funds will be submitted to the City for disbursement. RECOMMENDATIONS Staff is recommending approval of the Standard Form of Agreement between the City of Delray Beach and JEG Associates for the Southwest Area Neighborhood Redevelopment Plan RFP #2002-08 in the amount of $50,000. DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY February 15, 2002 Mr. Ken Thomas City of Delray Beach 100 NW l'~t Avenue Delray Beach, FL 33444 RE: SW/NW Neighborhood Plan Dear Ken: At the CRA's regular Board meeting of February 14, 2002, the Board unanimously approved additional funding in the amount of $10,000 for the SW/NW Neighborhood Plan. Sincerely, ~ ~rvey c/ Assistant to the Director /d 104 West Atlantic Avenue · Delmy Beach, Florida 561-276-8640 · Fax 561-276-8558 AGENDA REQUEST Request to be placed on: xxxxx Regular Agenda ~ Special Agenda ~ Workshop Agenda ~ Consent Agenda Date: February 14, 2002 When: February 19, 2002 Description of item: City Commission approval of the Standard Form of Agreement Between the City of Delra¥ Beach and JEG Associates for the Southwest Area Neighborhood Redevelopment Plan RFP #2002 ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: Yes/No Recommendation: Staff is recommending approval of the Standard Form of Agreement between the City of Delray Beach and JEG Associates for the Southwest Area Neighborhood Redevelopment Plan RFP #2002-08 in the amount of $50,000. CDBG Total: Department Head Signature: __ City Account Number: 001-6113-559-4994} 118-1974-554 ~1,,t-40¢0¢($ 5,000)(<~ Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving %xvenditure of funds): Funding Available: Funding Alternatives: Account No. & Descfiption:~[ Account Bal~ce: C~ty Manager Review: Approved for Agenda: Hold Until: . Agenda ~oorolnaror ~evlew: Received: Placed on Agenda: Action: Approve~isapproved MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ff/-- - REGUIAxR MEETING OF FEBRUARY 19, 2002 FINAL PAYMENT/ATLANTIC PAINTING AND SANDBLASTING FEBRUARY 15, 2002 This is before the City Commission to approve final payment in the mount of $4,201.00 to Atlantic Painting and Sandblasting for completion of the Water Treatment Plant Clarifier #4 Painting of Metal Surfaces project. Funding will be from 442-5178-536-46.90 (W & S Other Repair and Maintenance). Recommend approval of final payment to Atlantic Painting and Sandblasting. S'\C~ty Clerk\chevelle folder\agenda memos\FinalPaymentAtlanucPamtmg 02 19.02 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www delrayesd corn TO: FROM: DAVID T. HARDEN City Manager VICTOR MAJTENYI F~'f Acting, Deputy Director of Construction SUBJECT: WTP Clarifier #4 Painting of Metal Surfaces, P/N 2002-001 Final Payment DATE: FEBRUARY 13, 2002 Attached is an Agenda Request for City Commission to approve a final payment in the amount of $4,201.00 to Atlantic Painting and Sandblasting for completion of the Water Treatment Plant Clarifier #4 Painting of Metal Surfaces project. This amount represents the retainage on the project. All work is complete and accepted by staff. Staff recommends the City Commission approve Final Payment in the amount of $4,201.00 to Atlantic Painting and Sandblasting for the completion of improvements to the Water Treatment Plant Clarifier #4 Painting of Metal Surfaces project. Funding is available from Purchase Order #600222, account 442-5178-536-46.90, Other Repair and Maintenance. CC' Richard Hasko; Director of ESD Dan Beatty; Dep D~r of Pubhc Utihhes File 2002-001 (A) S tEngAdmtn[Prodects~2OO2[2OO2-OOllCONSTRCT~agenda memo 02 19 02 doc AGENDA REQUEST Agenda Item No.'. Request to be placed on: DATE: February 13, 2002 Regular Agenda Special Agenda Workshop Agenda When: February 19, 2002 Description of item (who, what, where, how much): Final Payment in the amount of $4,201 00 to Atlantic Pa~nbng and Sandblasting for completion of the Water Treatment Plant Clarifier ~4 Painting of Metal Surfaces project, P/N #2002-001. The funding for this project will be provided from the following account' Funding Source W & S Other Repair and Maint. Account Number 442-5178-536-46.90 Amount $4,201 00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: for completion of t~/ater Treatment Pi/~n~C~r Department Head( ~/,. ~_ ,~ ~-/~- // Signature: Determination of Consistency w~th Comprehensive Plan. Staff recommends approval of Final Payment to Atlantic Painting and Sandblasting · 4 Painbng of Metal Surfaces project, P/N 2002-001 City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds)' .uFunding available Funding alternatives Account No. & Desc. ripbon Account Balance C~ty Manager Review: ~/N Approved for agenda: O Hold Until. AgendaCoordinator Review: Received: Placed on Agenda: applicable) Action: Approved/Disapproved file 2002-001 (A) projectsl2002-001/constrctJagenda req 02 19 02.doc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~/~ - REGULAR MEETING OF FEBRUARY 19, 2002 FINAL PAYMENT/JMW CONSTRUCTION CORPORATION FEBRUARY 15, 2002 This is before the City Commission to approve final payment in the amount of $7,413.14 to JMW Construction Corporation for the completion of improvements to the Delray Swim & Tennis Club Pool and Bathhouse Renovations Project. Funding will be from 117-4133-572-63.90 (Tennis Center). Recommend approval of final payment to JMW Construction Corporation. S:\Ctty Clerk\chevelle folder\agenda memos\FmalPaymentJMWCorp.02.19.02 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DAVID T. HARDEN City Manager VICTOR MAJTENYI ~~' Acting, Deputy Director of Construction www delrayesd corn SUBJECT: Delray Swim and Tennis Club Pool & Bathhouse Renovations, P/N 2001-003 Final Payment DATE: FEBRUARY 13, 2002 Attached is an Agenda Request for City Commission to approve a final payment in the amount of $7,413.14 to JMW Construction Corporation for completion of improvements to the Delray Swim and Tennis Club Pool and Bathhouse Facility Renovations project. This amount represents the retainage on the project. All work is complete and accepted by staff. Staff recommends the City Commission approve Final Payment in the amount of $7,413.14 to JMW Construction Corporation for the completion of improvements to the Delray Swim and Tennis Club Pool and Bathhouse Renovations project. Funding is available from Purchase Order//594814, account 334-4133-572-63.90, Tennis Center. Joe Weldon, D~rector of Parks & Recreation R~chard Hasko, Director of ESD Randal Krejcarek, City Engineer File 2001-003 (A) S IEngAdmtniProjectsi200112001-O031CONSTRCI~agenda memo 02 19 02 doc ~o o o o '~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00000 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00000 888 88888 ..... ggggg 88888 0 0 0 0 0 0 0 0 0 ~ ~ - ~ ~~ o o o Oo~Oo~o o o ~~o *~ 8 o 8 8 8 8 g ~ ~oo o~o ~ 0000~ AGENDA REQUEST Agenda Item No.: Request to be placed on: DATE' February 13, 2002 x Regular Agenda Special Agenda Workshop Agenda When: February 19, 2002 Description of item (who, what, where, how much): Final Payment in the amount of $7,413.14 to JMW Construction Corp. for completion of improvements to the Delray Swim & Tenms Club Pool and Bathhouse Renovations project, P/N #2001-003 The funding for th~s project will be prowded from the following account' Funding Source Tennis Center Account Number (~-4133-572-63.90 Amount $7,413.14 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of completion of improvements to the Delray Swim and project, P/N 2001-003. Department Head ~ ~~ Signature: Final Payment to JMW Construction Corp for Tennis Club Pool and Bathhouse Renovations Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds). bFunding available(~O Funding alternatives ,-/,.Account No. & Descr~ Account Balance City Manager Review: Approved for agenda:~NO Hold Until. Agenda Coordinator Review. Received: Placed on Agenda' plicable) , Action: Approved/Disapproved file 2001-003(A) projects/2001-003/constrct/agenda req 02 19 02.doc £1T¥ OF DELHI:IV BER£H DELRAY BEACH AII-AmerJcaCJty ro: 1993 2001 FROM:~) 100 N.W. 1st AVENUE F_ O DUM David T. Harden City Manager Robert A. Barcinski Assistant City Manager DELRAY BEACH, FLORIDA 33444 - 561/243-7000 DATE: February 13, 2002 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING FEBRUARY 19~ 2002 SPECIAL EVENT APPROVAL - SAINT PATRICK'S DAY PARADE ACTION City Commission is requested to approve a request to conduct the 34~ Annual Saint Patrick's Day Parade to be held on Saturday, March 16, 2002 beginning at 2:00 p.m., and to grant a temporary use permit per LDR's Section 2.3.6(H) for the use of Atlantic Avenue from Venetian Drive to the County Courthouse for the parade and Venetian Drive and Gleason Street for staging of parade entries from 12:30 p.m. to approximately 3:30 p.m. Commission is also being requested to approve staff support for traffic control and security, barricading, trash removal and assistance in obtaining the FDOT permit. BACKGROUND Attached is a request from Edward Gallagher on behalf o the St. Patrick's Day Events, Inc. to approve the parade and provide staff support for traffic control and security, clean up, barricading, and assistance in preparing the FDOT permit. The parade would start at 2:00 p.m. and end approximately 3:30 p.m. Although not stated in the letter, Venetian Drive and Gleason Street would be utilized to stage the parade entries and we would close these streets by 12:30 p.m. Estimated overtime for the event is $5,300. Last year's overtime costs were $5,335. Also attached is a memorandum from Lt. Williams, from January 2000, outlining other conditions and suggestions that should be required. The parade organizers and I concur with these conditions. A copy of the event budget and site plan are attached. RECOMMENDATION I am recommending approval of the event request, the temporary use permit, and providing staff support as requested with the following conditions: 1. All overtime costs are to be paid by the event sponsor. 2. All conditions contained in Lt. Williams January 20, 2000 memo be met. 3. That the event sponsor provide the City with the required general liability insurance and hold harmless agreement. RAB/tas File:u sweeney/events Doc st patricks day parade 2002 THE EFFORT ALWAYS MATTERS 00000000000 000000000000 P.02 ST. PATRICK'S DAY EVENTS, INC. P.O. BOX 1016 DELRAY BEACH, FLORIDA 33447 TEL & FAX: 561 243 0069 January 22, 2002 Mr. Robert Barcinski City of Delray Beach 100 NoW. 1'~ Avenue Delray Beach, Florida 33444 Re: St. Patrick's Day Parade Dear Mr. Barcinski: Pursuant to our meeting of January 16, 2002, ! hope the following information addresses the questions that you raised: l) 3) 4) 5) e) 7) 8) The parade is scheduled for Satruday, March 16, 2002 at 2:00PM. That will require the closing of Atlantic Avenue from 1:45 PM until approximately 3:15PM I will supply sJgnage for the City to display by Mar~h 1, 2002. As always, we request tile assistance of the Delray Beach Police Department for traffic and crowd control. We also request the barricading of parking spaces on Atlantic Avenue as determined by the Deltay Beach Police. We also request the assistance of staff in the dean-up after the parade. As in previous years we are willing to bear the costs of tile above assistance, including overtime. I believe you have copies of my letters to the F.E.C. Railroad and the Coast Guard, Also, I have contacted Plastridge Insurance to acquire Insurance for the parade (Certificate to follow), As usual, we will be supplying 25 parade Marshalls to assist in keeping the parade moving and under control. I hope this answers any questions you might have however, please feel free to call me if you require anything further Regard,% Edward Oallaghe~'-- Parade Coordinator D£TOU $ A iW Sw STH AVE SW 4TH SW 3RD AVE T N I D A E ! I R ICW VENETIAN r~ ~,~$oN --L~ K s~ ! I ~RRICA~ .OU~Y So Ve NOTORCYCLE # 1 MOTORCYCLE # 2 Feb ST. PATRICK'S DAY EVENTS, INC. P.O. BOX 1016 DELRAY BEACH, FLORIDA 33447 INCOME/EXPENSE FOR 200! ,PARADE (lS'r YEAR WE RAN PARADE) INCOME EXPENSE $7,700.00 (DONATIONS) INSURANCE $ 816.08 DELTA WASTE $ 249.t0 PM BCH PIPE & DRUM $ 600.00 LEGAL $ ,587.90 CITY OF DELRAY $5,335.91 U.S. POSTAL SERVICE $ 55.00 DEPT. OF STATE $.. 1 .~..,00 TOTAL $7,793,99 ESTIMATED INCOMEI .EX. PENSE FOR 200~ PA .. _RJr,DE INCOME EXPENSE $10,000 - $11,000 (DONATIONS) INSURANCE $ 816.08 DELTAWASTE $ 249.10 PM BCH PIPE & DRUM $ 600.00 CITY OF DELRAY $6,000.00 U.S. POSTAL SERVICE $ 55.00 DEPT. OF STATE $ t60.00 TOTAL $7,870.'18 ST. PATRICK'S DAY EVENTS, INC. P.O. BOX 1016 DELRAY BEACH, FLORIDA 33447 TEL & FAX: 561 243 0069 Janua~j 16, 2002 Mr. David T. Harden, City Manager City of Delray Beach 100 N.W, 1=t Avenue Delray Beach, Flodda 33447 Re: St. Patrick's Day Parade Dear Mr. Harden: In keeping with the 34 year tradition of a Saint Patrick's Day Parade in Delray Beach, we would like to apply for the waiver for the consumption of alcoholic beverages on public property, per city code 113.02(B). The parade will take place Saturday, March 16, 2002 commencing at 2:00PM and running about 1% hours. The parade will proceed from the staging areas on Gleason Street & Venetian and proceed west along Atlantic Avenue to S.W. 2n~ Avenue (see attached map). As we did last year, we will supply our own parade marshals (25) to assist in keeping the parade moving in an orderly fashion. I have a meeting scheduled for today with Mr, Barcinski to go over the logistics for the parade. Please feel free to call if you have any questions. Saint Patrick's Day Events, inc. a Florida not-for-profit organization ST. PATRICK'S DAY EVENTS, INC. P.O. BOX 1016 DELRAY BEACH, FLORIDA 33447 TEL & FAX: 561 243 0069 January 14, 2002 Mr. Deputy Vice President, Transportation Florida East Coast Railway I Malaga Street P.O. Box 1048 St. Augustine, Flodda 32085-1048 Re: St. Patrick's Day Parade - Delray Beach, Flodda Dear Mr. Deputy: This letter is being sent as a reminder of the upcoming 34th Annual St. Patrick's Day Chadty Parade in Delray Beach. This year the parade is actually on St. Patrick's Day, Saturday, March 16, 2001. The parade will run East along Atlantic Avenue and cross the F.E.C. railroad tracks at about 2:30PM. We understand that the railroad scheduling cannot be altered for the parade. We will have parade Marshalls and local police officers monitoring the parade to insure a safe event. Please feel free to call should you need any further information or clarification. Coordinator cc: Robert Barcinski, Assistant City Manager Officer Finley, Delmy Beach Police Dept. Marjode Fen'er, Coordinator, Downtown Joint Venture January 14, 2002 ST. PATRICK'S DAY EVENTS, INC. P.O. BOX 1016 DELRAY BEACH, FLORIDA 33447 Tel& Fax: 561 243 0069 Lt. Roger B. Bohnerdt Chief Bridge Section Aids to Navigation and Waterways Management Branch Seventh Coast Guard District Bdckel Plaza Federal Building 909 S.E. 1"~ Avenue Miami, Flodda 33131 Dear Lt. Bohnerdt: This letter is just a reminder of the upcoming 34th Annual St. Patrick's Day Parade. The parade is scheduled for 2:00PM Saturday, March 16, 2001 and will cross over the Atlantic Avenue Bddge at approximately 2:15-3:30. As always, we will provide Parade Marshalls and the local Police Department will be present to insure the safety of the public. Regards, Edward Gallag cc: Robert Barcinsld, Assistant City Manager Officer Finley, Delmy Beach Police Dept. Marjorie Ferret, Coordinator, Downtown Joint Venture TO: FROM: DATE: SUBJECT: Db124JbZJZ DELRAY BEACH t'OLICE DEPARTMENT MEMORANDUM Mr Robert Barcinsld As,, istaut City Manager Lie ~tenant GeoffWilliams Sp~ cJ~l Operations Section Jan mry 20, 2000 ST. PATRICK'S DAY PARADE Below is a list of lhe police department's requests and suggestions for a safer St. Patrick's Day parade. 1. Parade marsh tis: · Orgardzers sht.uld provide twenty marshals to monitor parade participants and enforce restrictions. Marsluals shou~ t not be permitteg'to consume alcohol prior to or during the parade. Mamhals need o be informed of thc roles for the parade and trained in what to do ffthe rules are brokcm. They need to t e identifiable. Marshals should be clothed ha a brightly colored T-shirt (day glow) with the ~,ords "PARADE MARSHAL" printed on the fi.om and back. · They need to b: trained ha how to linc up the floats, marchers, etc., ha the staging areas and lmw to get the! n onto E. Atlantic Avenue in a timely manner in order to keep the gaps to a ,, Txvo marshals ~teed to be assiglaed to ass[st the officers posted at E. Atlantic Ave. and the FECRR to help with cleating people from the tracks as trains approach. 2. Alcohol lieelase extensions: ,, The city should not grant ~ alcohol license extensions. 3. Floats: Float operators need to be given a list of parade rules and held accountable for their exxfomemt. ,, All parade pat'tie:ipmats need to travel to the terminus located at the courthouse. * Absolutely no a cohol will be permittcd on auy float. It is a violation ofF. S, 316.1936whi, h states "It is un]awful and imrdshable...for any person to possess an open container of an alcoholic beven ge while operating a vekicle in the state or while a passenger in or on a vehicle being o >crated in the state." According to our legal advisor, Kathy Kozol, this 16:25 5E,1243G23~ DELRAY BEACH POLICE PAGE 2 03/03 prohibition do ~s extend to trailers being drawn by any vehicle. This can be enforced by the officers we wi 1 have downtown early. They can Lnspect each floaffvehlcle participating in the parade. Ttm'e will probably have to be a clause k~ the float permits w~ercby ,the operators/own ~rs agree to permit full inspectior~ by the Dekay Beach Police Department. No items at al! should be permitted to be thrown from any float, 'vehi¢I~ or by any person participating ix the parade. There is no problem with walking pattie[pants ha~ding out items such as candy, hats, etc.. 4. Vendors: · No vendor sh~,uld be permitted to sell Silly String or similar item, noisemakers known as Snaps or Popp '~rs or any other type of exploding or pyrotechnic &v/ce. Nor should they be permitted to se1 any item that is thc facshnilc of any weapon 5. Crowd Contr¢ 1: We would like to utilize the French barricades to assist us with crowd control in the 200-300 blocks of E. At atttic Ave. Sllould you have a, y questions I can be reached at X-7885. GRW/grw cc: Captain Ma :k Davis DELRAY BEACH POLICE DEPARTMENT PERMIT APPLICATION PARADE OR MARCHING ASSEMBLIES Name of person requesting permit: Sponsoring Group: .~'~[": ~¢, ,e~.¢ Address: .... {{ ~ tqk'- I~::, Contact Phone Number: Date/Time of Event: ~l, 71e~ll Number of Participants: Parade Route: Floats ~ Bands Amplified Music requested? yes 7'~ no Waiver applied for? yes no Parade Rules: Applicant Signature: Special Conditions: · All signs and placards shall be constructed of pasteboard or cloth material, · Fighting or throwing of any objects is strictly prohibited, · At no time shall the marchers stop on the street or sidewalks for the purpose of impeding vehicular or pedestrian traffic. · Parade/march routes that traverse railroad system(s), state roads or cross Intracoastal bridges must have prior approval from the governing body of those trafficways, such as, F.E.C. Railroad, Florida Department of Transportation, or the U.S. Coast Guard. See reverse side for special instructions. · Failure on the part of the event participants to comply with the conditions set forth therein, shall cause this permit to become null and void at th~fime of the violation· · This permit must applied for at least forty-five (45) days in advance of the proposed event date, unless otherwise stated by the special instructions on the reverse side. · Person(s) in charge of the event shall be responsible for ensuring all participants are orderly and will provide marshals to ensure participant safety. · The person/group applying for the permit will bear the cost of Police overtime, unless specifically waived by the City Commission. The person/group applying for the permit will bear the cost of clean-up incurred by,"the City of Delray Beach. Date: , /t O/O tt I ****POLICE DEPARTMENT USE ONLY**** I Number of Officer(s) required: Compensation for Police Personnel: Person/Group to be billed: Mailing Address: Phone Number Tra~:fic Control Detail Rate Security City Overtime Waived City St. ZIP Final Approval: Chief of Police Date: Date of Appro~,al ST. PATRICK'S DAY EVENTS, INC. P.O. BOX 247 DELRAY BEACH, FLORIDA 33447 Janua~ 11,2001 Mr. David T. Harden, City Manager City of Delray Beach 100 N.W. 1't Avenue Delray Beach, Flodda 33447 Re: St. Patrick's Day Parade Dear Mr. Harden: In keeping with the 33 year tradition of a Saint Patrick's Da~/'Parade in Delray Beach, we would like to apply for the waiver for the consumption of alcoholic beverages on public property, per city code 113.02(B). The parade will take place Saturday, March 17, 2001 commencing at 2:00PM and running about 1% hours. The parade will proceed from the staging areas on Gleason Street & Venetian and proceed west along Atlantic Avenue to S.W. 2~ Avenue (see attached map). As we did last year, we will supply our own parade marshals (25) to assist in keeping the parade mo.ving in an orderly fashion. I have a meeting scheduled for Jandg.-.ry 23, 2001 with Mr. Barcinski to go over the logistics for the parade. Please feel free to call if you have any questions. Edward Gallagh( Saint Patrick's Day Events, Inc. a Flodda not-for-profit organization CITY JIF I]ELAAY BER[H DELRAY BEACH NI-AmericaCity 1993 2ool FROM: 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 - 561/243-7000 MEMO DUM David T. Harden, City Manager ~obert A. Barcinski, Assistant City Manager DATE: February 12, 2002 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING FEBRUARY 19, 2002 APPROVAL SPECIAL EVENT EASTER SUNRISE SERVICE &CTION City Commission is requested to endorse the Easter Sunrise Service to be held on March 31, 2002, to grant a temporary use permit for the closure of South Ocean Boulevard from Atlantic Avenue to Miramar from 6:00 a.m. to 7:30 a.m., grant the use of the pavilion, and authorize staff support for traffic control, barricading, and EMS assistance. BACK6ROUND Attached is a request received from Reverend Richard Evans on behalf of the Delray Beach Clergy Association to endorse the Easter Sunrise Service, to authorize the use of the beach pavilion and closure of South Ocean Boulevard, and to provide staff support as listed. No staff overtime costs will be incurred. Police and EMS assistance will be provided with on-duty personnel. Police officers with the assistance of volunteers will put up and take down the barricades. This is not a new event. RtlCOMME~DATION Staff recommends approval of the event, the temporary use permit for the street closure, use of the pavilion, and provide staff support as requested. RAB/tas CCi Lt. Geoff Williams Asst. Chief John Tomaszewski Harold Bellinger File:u:sweeney/events Easter Sunrise Service Special Event 2002 THE EFFORT ALWAYS MATTERS ~:~. 0 2002 ASSISTAN '1' tZ}~ c"~.h, ('-'~,,,,~ 33445 CITY MANAGER c~fif_~: (~t~_~(~_./~/~(~t~f~ ~ Our Purpose: We are an ecumemcal association of clergy and ministry professionals, inclusive of all churches and synagogues, inst~tubanal ministries, and other worship centers in the Greater Delray Beach area, banded together in goodwill and fellowship, united tn service for the betterment of the communily. o fleers (561) 657-4455 Reverend Richard Evans, Chaplain, Secretary/Treasurer (560 454-5242 TO: Advisory Committee Fath er Donald Munro, President Emer~us rs60 zT~-6s92 Reverend Janes Atchison, Preside~ Emeritus ($60 Reverend Fred Basil, President Emeritus (561) 265-1960 28 January 2002 Mr. Robert A. Barcinski, Assistant City Manager Mr Joe Weldon, Parks & Recs Mr. John Tomaszewski: EMS DB Fire & Rescue Chief Larry Schroeder, Delray Beach Police Dept. FROM: Delray Beach Clergy Association AGENDA ITEM - CITY COMMISSION APPROVAL SPECIAL EVENT REQUEST: SUNRISE EASTER SERVICE The Delray Beach City Commission is requested to endorse the annual ecumenical Easter Sunrise Service event scheduled from 6:30-7:10 A.M. on Sunday March 31, 2002, and to grant a temporary use permit per LDR'S section 2.4.6(5-1) for use of City property and right of way. As in years past, we plan to use the beach-side Pavilion at the southeast comer of the intersection of A1A and Atlantic Avenue. We request street closure on A1A from Atlantic Avenue to Miramar. Closure will need to be from 6:15 a.m. to 7:15 a.m. We also request that the City provide staff support for barricade setup and police security for traffic control. We furthermore request that any fees for such staff support be waived, inasmuch as this is a not-for-profit ecumenical event for which all proceeds collected go to support: (1) the Clergy Association's Food & Gas Voucher Program, which is administrated by the Front Desk of the Delray Beach Police Department through our local churches and synagogues, and (2) the Community Food Pantry. Your consideration and cooperation is very much appreciated. Rev. Richard~an~s Secretary/Treasurer On behalf of the Delray Beach Clergy Association and its President, Rev. Bill Quick MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~ ~ - REGULAR MEETING OF FEBRUARY 19, 2002 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: FEBRUARY 15, 2002 Attached is the Report of Appealable Land Use Items for the period February 4, 2002 through February 15, 2002. It informs the Commission of the various land use actions taken by the designated boards, that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. &\City Clerk\chevelle folder\agenda memos\apagmerm02.19.02 TO: THRU: FROM: SUBJECT: D~~.D T. HARDEN, CITY MANAGER PAUL DORLING, (I~IRECTOR OF PLANNING AND ZONING ASMIN ALLEN, PLANNER MEETING OF FEBRUARY 19, 2002 *CONSENT AGENDA * REPORT OF APPEALABLE LAND USE ITEMS FEBRUARY 4, 2002 THRU FEBRUARY 15, 2002 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of February 4, 2002 through February 15, 2002. 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. Approved (6 to 0, Stewart absent), a Class II site plan modification associated with the conversion of an existing retail bay to a restaurant for Ben & Jerry's All Natural Ice Cream, located at the northwest corner of East Atlantic Avenue and Andrews Avenue (1155 East Atlantic Avenue). Concurrently, the Board denied the request for flat wall sign as the proposed sign did not meet the established blanket standards and colors. Approved with conditions (6 to 0), flat wall signs for Longhorn Steak House, located within the Plaza at Delray, northwest corner of Linton Boulevard and Federal Highway (1560 S. Federal Highway). City Commission Documentation Appealable Items Meeting of February 19, 2002 Page 2 C. Approved (6 to 0), a blanket sign package for Aspen Towers, a multi-tenant commercial building located on the east side of SE 6th Avenue (northbound Federal Highway), north of SE 9th Street (851 SE 6th Avenue). D. Approved (6 to 0), a request for a color change for Weinberg, located in the Delray Square Shopping Center at the northeast corner of Military Trail and West Atlantic Avenue (14620 South Military Trail). E. Approved (5 to 0, Eliopoulos stepped down), the landscape plan for Spanish River Inn, associated with the construction of a new 4-story 51-room addition, located at the northeast corner of East Atlantic Avenue and Seabreeze Avenue. The associated Class IV site plan modification was previously approved. Approved (6 to 0), a Class II site plan modification associated with the construction of a decorative perimeter wall and fa(;ade changes to the clubhouse building at Winterplace PUD, a 151-unit zero lot line single family development located at the southeast corner of Military Trail and the L-30 Canal. Concurrently, the Board denied the waiver request to allow the encroachment of the privacy walls within the required 30' special landscape setbacks area. G. Tabled (6 to 0), a Class IV site plan modification and building elevations associated with the expansion and renovation of an existing building to be used an antique mall and museum for The Antique Experience, located at the southeast corner of East Atlantic Avenue and SE 5th Avenue (southbound Federal Highway). The item was tabled as the Board felt the structure was too massive, the architectural style was not compatible and was concerned that customers backing into the parking spaces along Atlantic Avenue may hit the proposed colonnades. Approved (6 to 0, Bodker absent ), a Class V site plan, landscape plan and Certificate of Appropriateness (the architectural elevation plan was approved on a 5 to 1 vote (Simon dissenting), associated with the installation a 2,911 sq. ft. restaurant (relocated from the Bud's Chicken site) for Donnie's Golden Spoon Restaurant, located on the west side of NW 5th Avenue, approximately 300 feet north of West Atlantic Avenue. Concurrently, the Board approved a waiver reducing the required 5' wide landscape strip to 2.5' along the south property line and 3' on the west side of the east portion of the property. Approved (6 to 0), the landscape plan and architectural elevation plan for Atlantic Grove, a proposed mixed-use project, located on the north side of West Atlantic Avenue, between NW 3rd Avenue and NW 5th Avenue. The site plan was previously approved by the Board. Granted (6 to 0) an extension of the site plan (new expiration date October 4, 2003) for Neal's Market residential project, located at the northeast corner of NE 1st Avenue and NE 1st Street. City Commission Documentation Appealable Items Meeting of February 19, 2002 Page 3 No Regular Meeting of the Board was held during this period. By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- February 19, 2002 GULF S'IRE~ BL VD L-30 CANAL ! i~ c:: _I ! ! i- < ~- .... g ...... r ....... i -'-IL ..... ~ o L, VE~T I f/2 MILES . TO JOG RD ,J UNTON BOULEVARD,. i ~ i ' i L ..... J ................... i.~'F_i~ ....................... $.P,R.A.B.: A. BEN AND JERRY'S ALL NATURAL/CE CREAM B. LONGHORN STEAK HOUSE C. ASPEN TOWERS D. WEINBERG E. SPANISH RIVER INN F. WlNTERPLAGE PUD G. ANTIQUE EXPERIENCE H.P.B.: I. DONNIE'S GOLDEN SPOON 2. A TI. ANTIC GROVE 3. NEAL '$ MARKET PRESIDENT/AL DEVELOPMENT N W 2NDST &W 2ND ST SW LINTON C-15 CANAL CITY LIklITS ONE MILE GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 2OO2 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM"'~.~/~' !. REGULAR MEETING OF FEBRUARY 19, 2002 AWARD OF BIDS AND CO~CTS FEBRUARY 15, 2002 This is before the City Commission to approve the award of the following bids: Purchase award to Endicott Electric Vehicles in the amount of $16,675.50 for the purchase of a Global Electric Motorcar for the Fire Department. Funding is available from O01-2315-526-64.20 for $16,355.00 (Fire Operations Automobile) and 115-2311- 522-64.20 for $320.50 (Fire Automobile). Contract award to Chaz Equipment, Inc. in the amount of $169,132.50 for NE 4' Street Widening Project, Project 20004303. Funding is available from 334-3162-541- 65.19 for $82,692.50 (General Project Fund), from 442-5178-536-65.02 for $46,490.00 (Water & Sewer), and from 448-5461-538-65.02 for $39,950.00. Contract renewal for the purchase of calcium hypochlorite from Leslie's Swimming Pool Supplies and the purchase of liquid chlorine from Jones Chemical via the City of Boca Raton Coop Bid #2000-046 at an estimated annual cost of $73,815.00. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals) for $69,090.00 and from 441-5144-536-52.21 (Water/Sewer Fund/Chemicals) for $4,725.00. Recommend approval of the above bids and purchases. S:\City Clerk\chevelle folder~agenda memoXB~d Memo.02.19.02 £1TY aF BELRI:IY BEI:I£H FIRE DEPARTMENT SERVING DELRAY BEACH · GULFSTREAM ° HIGHLAND BEACH DELRAY BEACH 1993 TO: David T. Harden, City Manager FROM: Kerry B. Koen, Fire Chief DATE: February 7, 2002 SUBJECT: Recommend Purchase of Special Events Response Vehicle The Fire Department was recently awarded $16,355 from the State of Florida EMS County Grant Award Program to purchase an additional Special Events Response Vehicle. This purchase will allow us to respond more efficiently and effectively to Emergency Medical Service calls in unique environments associated with large crowds. After extensive research and field testing, we are recommending the purchase of the Global Electric Motorcar - Top Ambulance Conversion 825 Emergency Response Vehicle manufactured by Chrysler. The equipment is distributed through Endicott Electric Vehicles in Pompano Beach. We received only two bids for this purchase, as there are only two companies in the State of Florida which offer this equipment. Endicott Electric Vehicles provided the low bid in the amount of $16,675.50. Funding for this purchase is available in account 001-2315-526-64.20 in the amount of $16,355.00 with the balance of $320.50 coming from the Paramedic Fund # 115-0000-248-64.00. KBK/tw Kerry B. Koen Fire Chief FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE ° DELRAY BEACH, FLORIDA 33444 (561) 243-7400" SUNCOM 928-7400 ° FAX (561) 243-7461 Pnnted on Recycled Paper 32105/2002 07:13 95442BB982 R W PISER PAGE 02 ENDICOTT E.V, (064) 046-6238 *. fmx (0S4) 781-603G 1021 South FederaJ Hwy., Pompano Beach, FL 33062 CO-PURC,ASER E VI.~A[~ MC [~ AMC CHECK ~ DISC {~ · EXR DA'rE__ MAKE 0'~t_ ~_. ~ MODEL NO, VlN NO. DAT~ Fort D~UVCflY ~gA, L~SMAN COL DESCRIIVTION CO~T ACCESSORIES , DEL~ERY FEE (Local ~ly) DESTINA~ON CHARGE u I L ~ D~R HANDLING CHARGE ~ ~ ~ FL ~W - WA~E - TIRE & L~ - ACIO BAKERY FEE SUB TOTAL F~RIDA S~ES T~ SHIPPING CHARGE THIS ELECTRIC BICYCLE IS SOLD WITH MANUFACTURERS WARRANTY EXPRESSED AS FOLLOWS: 5 YEAR BIKE FRAME I YEAR ELECTRICAL COMPONENTS 1 YEAR BICYCLE COMPONENTS .X "DEALER PREPARATION AND HANDLING CHARGE REPRESENTS COSTANO PROFIT TO DEALER FOR ITEMS SUCH AS INSPECTING, CLEANING AND ADJUSTING ELECTRIC BIKE AND PREPARING DOCUMENT RELATED TO THE SALE," Under Regulation 2, truth in lending law, I Grant Permission to Endicott Nissan, (~.1 and - Or their financing sources to check my credit and references Signature YOUR INSURANCE POUCIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS BICYCLE. TO DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT. Purchaser's Signature CO.PURCHASER Order not binding on dealer until accepted py Sales Manager or ~j~fficer of Company. At , Signature of Sales Manager or Officer ,& Attn' Chief Mike Delra¥ Beach, I=L GILIBERTI PAGE 03 proposal Roof MJ Enclosure Roof handles MJ Box MJ Signal MJ Spot Chair Eric Cup Holder SWindshield H Roof Ext iTmnspod Mad ~l~ckey III - Standa~*-I~o-ipment: Stair Chair Storage Shelf, Safety Guard Rail, Stretcher Mounts, Color Accent(Blue I Red I Yellow) Seating for three (3) including (1) rotatable attendant seat. TYPICAL CONFIGURATION - OPTIONS LISTED BELOW CAN BE ADDED OR DELETED AS NEEDED 12,700.00 Mad Jockey Roof Mad Jockey Enclosure MJ Roof handles t Storage Box w/one Shelf 30" I x 1{~.5" w x 21 5" h MJ Sentry & Signalrnaster Package MJ 2 Flood, 1 Spot Light Package Stair Chair Full Enclosure Cup Holder I Windshield-Hinged /MJ Canopy 12" Extension Subtotal Transportation, Training, & Delivery- Included Tha'n'~ You for choosing Gllibert,. inc. 700.oo 80o.0o 15.0o 750.00 500.00 700.o0 25o.oo 23.00 1§5.oo 0.00 700.00 800.00 45 00 750.00 500.00~- 700.00 250 00 46.00 165_00 600_00 17,256.00 o2/nzz?oo2 E,30468~ GILIBERTI, INC. 4052 Burns Road Palm Beach Gardens, FL 33410 GILIBERTI GILIBEtITI PAGE 82 Proposal i City of Delray Beach Fire Dept. ^ttn: Chief Mike Wigdemon 501 W. Atlantic Ave, [)elray Beach, FL 33444 QUO(. ...... P.O. NO. DESCRIPTION :l'his Quote iS g0od-:~- 6(~-~-~Y'~; Wan:~nt~':'-Part~& Lair for o~ (1) year, excluding tires and abuse; Shipping' FOB Palm Beach Galena; ~live~ is 8-12 ~ka from m~ipt of 50% ~sit & Pu~ha~ O~er - Balan~ of payment is due in full on Delive~ (C~) Thank You for cho~stng Giliberti, Inc: ..... TERMS ~ PROJECT ...... ~ ....... / ............... ........ c~;:~ ..... 0.00 TOTAL $17,256.00 Date: 02/08/02 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: __ Consent Agenda X Regular Agenda ~ Workshop Agenda When: February 1% 2002 Description of agenda item (who, what, where, how much): Recommend purchase of a Global Electric Motorcar in the amount of $16,675.50 from Endicott Electric Vehicles in Pompano Beach. This purchase will allow the Fire Department to efficiently and effectively respond to EMS calls in unique environments associated with large crowds. Funding for this purchase is available from account $/001- 2315-526-64.20 in the amount of $16,355.00 and the balance of $320.50 from the Paramedic fund account #115-0000-248-64.00. Department Head Signature: ~(',0~_~.,~ City Attorney Review/Recommendation (if applicable): N/A Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~/No Initials:(~ Account Number OD[- nescriptior~ (~ ~ Account Balance: ,3~.~, ~ O~.~'-~ Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: 0 / No Initiais: Hold Until: Agenda Coordinator Review: Received: Special Agenda City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: www delrayesd com David T. Harden, City Manager Barron E. Caronite, P.E. Assistant City Engineer~ NE 4t~ Street Widening City Project No. 2000-003 DATE: February 11, 2002 Please find enclosed the agenda request for Commission to award the NE .4~ Sfi'eet Widening contract subject to review and approval by the City Attorney. The work generally consists of' Furnishing all labor, materials, equipment, services and incidentals for roadway, widening from two lanes to three lanes. Construction also includes utility relocations, clearing and grubbing, driveway replacement, roadside swale and grading, sodding, curb and gutter, concrete sidewalk, pavement marking and signage, and coordinating with FEC Railway on the widening of their railway crossing. Attached is the bid tabulation and location map for the referenced project. Th,~ lowest responsible, responsive bidder for this project was Chaz Equipment, Inc. with a bid of $169,'132.50. Funding Source Account Number Current Balance ~ Contract General Project Fund 334-3162-541-65.19 $455,250.00 .'~"$82,692.50 Water & Sewer 442-5178-536-65.02 $51,753.00 $46,490.00 Drainage Project 448-5461-538-65.02 $50,000.00 ; $39,950.00 Total $169,132.50 If acceptable, please place this item on the February 19, 2002 commission meeting for Commission approval. Attachment CC: Richard Hasko, P.E., Director of ESD. Joseph Safford, Finance Director file: 2000-003 (A) file:s/engadmin/2000/2000-003/contract/AGENMEMO(1 ) CITY OF DELRAY BEACH NE 4th STREET WIDENING PROJECT PROIECT No. 2000-003 BID No 2002-012 FUNDING BREAKDOWN Item #' Description General Conditions: SO% Genera[FUnd & 60% Water Sewer Fund ~ ~' ~, ~ ~ q' I Site Moblhzatlon/Demob~hzat~on 1 LS $5,000 00 $5,000 00 Maintenance of Traffic 1 LS $7,000 00 $7,000 00 Cleanng and Grubbing 1 LS $20,500.00 $20,500 00 I Project Ident~ficebon S~gn 1 EA $500 00 $500.00 33 L~ve Oak Trees 16 EA $920 00 $14,720 00 34 V~deo Allowance 1 LS $500 00 $500 00 36 Landscaping Allowance 1 LS $2,000 00 $2,000 00 37 Indemnification 1 LS $10.00 $10 00 50% General Fund Subtotal 50% Water & Sewer Fund Subtotal $25, f15.00 $25, f ~ 5.00 2" Type S-I Asphalt 115 TN $115 00 $13,225 00 5" Asphalt Base (ABC 3) 270 SY $27 00 $7,290 00 4" Limerock Base 525 SY $18 50 $9,712 50 Milhng Existing Asphalt 770 SY $4 00 $3,080 00 Concrete Drive Apron 200 SY $38 00 $7,600 00 11 5' Concrete Sidewalk 505 LF $14 00 $7,070 00 12 6' Concrete Sidewalk 175 LF $18 00 $3,150 00 13 8" Thick Concrete Top Slab 2 EA $750.00 $1,500 00 14 Pavement Marking and Signage I LS $3,000 00 $3,000 00 15 Soddin~l 300 SY $6.50 $1,950 00 $57,577.50 Genral Fund Subtotal 8 Type 'F' Curb 1,000 LF 16 Stormwater Type "C" Inlet w/Type "C" B 2 EA 17 Stormwater Type "6" Inlet w/Type "P" B 1 EA 18 Double Curb & Gutter Inlet Frame w/M 2 EA 19 4 ft Dla Stormwater Manhole I EA 20 12" Reinforced Concrete Pipe 32 LF 21 15" Reinforced Concrete Pipe 20 LF 22 18" Reinforced Concrete Pipe 45 LF 23 Core Hole Drainage Structures 3 EA 24 Cut and Plug Ex~sfing Storm Drainage P 2 EA 32 6 ft D~a Stormwater Manhole I EA $10 00 $10,000 00 $1,800 00 $3,600 00 $2,700,00 $2,700 00 $2,700 00 $5,400.00 $2,700 00 $2,700 00 $50 00 $1,600 00 $70 00 $1,400.00 $90 00 $4,050 00 $500 00 $1,500 00 $500 00 $1,000 00 $6,000 00 $6,000 00 Drainage Fund Subtotal $39,950.00 9 Open Cut Pavement Repair 220 LF $35 00 $7,700 00 25 8" DIP Water Ma~n 90 LF $55 00 $4,950 00 26 6" X 6" Wet Tap & 6" G V 1 EA $1,500.00 $1,500 00 27 8" Gate Valve I EA $850 00 $850.00 28 Relocate Existing Fire Hydrant I EA $1,675 00 ~ '$1,675 00 29 Fdl & Flush Assembly I EA $1,000 00 !, $1,000.00 30 Sample Point 2 EA $350.00 ': $700.00 35 Ubhb/Allowance I LS $3,000 00 ,~ $3,000.00 Water & Sewer Fund Subtotal $21,375.00 Funding Summary General Fund $82,692.50 Water & Sewer Fund $46,490.00 Drainage Fund ~ $39,950 00 Total ~$169,132 50 Page 1 of 1 2/13/2002 ..... '~' , .- .......... ~ ......... ~ ...........~ - : ....................... : .~ .... , , .; ......... :, ----~ : ; E~M~ ~8 ~P~E~ NE4~ ST. WIDENING AGENDA REQUEST Agenda Item No: Request to be placed on DATE: Feb. 11, 2002 Regular Agenda Special Agenda Workshop Agenda When: Feb. 19, 2002 Description of item (who, what, where, how much) Award of the contract to Chaz Equipment, Inc in the amount of $169,132 50 for the NE 4th Street Widening Project, Project #2000-003. The funding for th~s project will be provided from the following account' Funding Source Account Number Current Balance Contract General Project Fund Water & Sewer Drainage Project Total 334-3162-541-65.19 442-5178-536-65.02 448-5461-538-65.02 $455,250.00 $82,692.50 $51,753.00 $46,490.00 $50,000.00 $39,950.00 $169,132.50 This agenda item is subject to the review and approval by City Attorney. ORDINANCE/RESOLUTION REQUIRED. YES/NO DRAFT ATTACHED YES/NO Recommendation: Chaz Equipment, Inc. with a bid in the amount of $~6~,132.50 Department Head ~ _"-/~ ,~/,,J .[/" }/ Signature: ~,.~./~~ ~-~'1~! ~ 'Z - )~-u~- Determination of Consistency with Comprehensive Plan: Staff recommends award of Project No. 2000-003, the NE 4"~ Street Widening Project 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 See below acct. no. & descr:[.pt-lon. Account Balance See below accouqt balances. NE City Manager Review: ~ NE Approved for agenda'(/~;ES/JNO Hold Until: Agenda Coordinator Review. Received: Placed on Agenda: 4th St 4th St 4th St & NE 3rd Av 334-3162-541-65.19 $429,875 442-5178-536-65.02 51,753 448-5461-538-65.02 50,000 As of 2/14/02v~ Action Approved/Disapproved file 2000-003(A) projects/2000-003/contract/agenda doc MEMORANDUM TO: FROM: THROUGH: DATE: David T. Harden, City Manager Jacklyn Rooney, Purchasing Superviso~ Joseph ~ance Director February 13, 2002 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING FEBRUARY 19, 2002 - CONTRACT RENEWAL BID #2000-046 - CITY OF BOCA RATON CO-OP BID FOR LIQUID CHLORINE AND CALCIUM HYPOCHLORITE Item Before Commission: The City Commission is requested to approve the one year contract renewal awarded to Leslie's Swimming Pool Supplies for the purchase of Calcium Hypochlorite at $95.00 per 100 lb. dram and to Jones Chemical for the purchase of Liquid Chlorine at $294.00 per ton for the Water Treatment Plant via the City of Boca Raton Co-op Bid #2000-046. The estimated annual usage is $73,815 for the City of Delray Beach. Background: The City of Boca Raton is the lead agency for this cooperative bid. This first year renewal of this bid was awarded on March 20, 2001, by Delray Beach City Commission to Leslie's Swimming Pool Supplies for the purchase of Calcium Hypochlorite and to Jones Chemicals for the purchase of Liquid Chlorine. See attached copy of Delray Beach agenda package dated March 15, 2001. Per attachments, the vendors have agreed to the one year renewal and the City of Boca Raton is recommending the renewal of these contracts and this renewal is scheduled for their March 19, 2002 Council meeting. Recommendation: Staff recommends the contract renewal with Jones Chemical and Leslie's Swimming Pool Supplies for the purchase of liquid chlorine and calcium hypochlorite at an estimated annual cost of $73,815. Funding from account code 441-5122-536-52.21 for $69,090 and from 441-5144- 536-52.21 for $4,725. Attachments: Memo from City of Boca Raton Renewal Letters From Vendors 2001 Agenda Package 02-08-02 ' 10:3,4 FROM-C~ty Of Boca Purcha~n~ T-OBG P 0037003 F-701 Febrdal~y 6, 2002 William BmwnJie. Bra~K:h Manager JCl JOnes Chemical thC. 1800 Nwz2~ Gtreet Ft. I auderdBle.. F'L 33,311 ~U~JECT: Bd Ne. 2000-0,16, Liquid Chtaine & Calcium Hypochlo~e CoMracl Renevral Oplion No. :2 De~r Mr. Bm~l~e: Our bid re~rerlced above ~[,~res Mardl 31, 2002. As Speciflec~ in the bid, we have an option to m,~w the exi~ng contra,,'t lot another one-year per~od ii i~ iS mutually agreeable to all Please advr~e by Bi;Irlat~e I~elow, if a on*-¥aar extermion of our current contract at prices stated ~n your bid dated I:ebnm~ 16. 2000 would be acceptable plea.-,e comp|~te aAd return th(~ form to the Purc, ha~ing Division bv Feb, r..~a~ '1Z_20_1~2. Your resp~nae may bo fa,xed u.~ing City tax number 561-~93-7963 wi~ the original ertl arty mquire_.d · ltachm~ts mailed to thc a~'~e 8;;dr~s. The ~ will atto need new In~uranca eert;ficales (WOrkera Compenoatio~, Commercial General Liability. and Auto Insurance) with the GiPj ~arned a~ a~ additionaliar~JfL~l for C( ~mercial C-e~eral Liability_ CPPB Senior Buyer c !t~ 2000-046 lode ._~l hereby ug;ce tu a m~e-year e~ten~ion 0fthe m.tbj~ct bid ~ __ ! am unable tO extond the: b;d prfces for an acld~tlonel or,e-ycer porio~. $19n~ure Nartle (PUnt) / Title Date -- ~N CQUAi. oI'PO~TIJIIIYy [MIm~Uy~N w FROM-C~t~ Of Bo~a Purchas~n~ T-OSG Leslie'.q Swimming Pool Supplies P 00~/003 F-TO1 602.,366-3999 ~xt. 4124 Fax: 602-366-3939 : WWW. EJlgL/~$PO 0/~ COM C:] Fer Revl~v I"1 Iqmzm~ [] P~m Rmi~ Lei~lieTs Paolme~t, ]:nc., 15 pleesed to ageee to mmther one year exte~ie~ bf ~'Cai~r~um Hy~.o,~hlori?e price of $95.00 per lO0 p~und drum deliv~-ed. This contr~t renewal , Bid No. 'Zf..~...~,.,'n~l suppoeting documentation to ~hls eeReeal, please let me know_ :"t ;' .; W,*,..',~-.l~late ¥~ur business. · .2 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: February 19, 2002 Date: February 13, 2002 XX Consent Agenda Special Agenda __ Workshop Agenda Description of agenda item: Approve the contract renewal for the purchase of calcium hypochlorite from Leslie's Swimming Pool Supplies and the purchase of liquid chlorine from Jones Chemical via the City of Boca Raton Co-op Bid #2000-046 at an estimated annual cost of $73,815 for the City of Delray Beach. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Approve contract renewal for the purchase of liquid chlorine and calcium hypochlorite via the City of Boca Raton Co-op Bid #2000-046. Funding from account code 441-5122-536-52.21 for $69,090 and from 441-5144-536-52.21 for $4,725. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items invrol~ving exl~ej.q.dituretof funds): Funding available: Yes~," ,> ~'~ ~~l*t=~ Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:~ Hold Until: Agenda Coordinator Review: Received: Action: Approved (if applicable) No Disapproved TO: THRU: FROM: SUBJECT: MEETING OF FEBRUARY 19, 2002 CONSIDERATION OF A WAIVER REQUEST TO THE MINIMUM SITE AREA REQUIREMENT OF 5 ACRES FOR A PROPOSED PLANNED RESIDENTIAL DEVELOPMENT KNOWN AS PALM GROVE VILLAGE LOCATED AT THE NORTHEAST AND SOUTHEAST CORNERS OF FEDERAL HIGHWAY AND ROYAL PALM BOULEVARD (1645 NORTH FEDERAL HIGHWAY), WITHIN THE NORTH FEDERAL HIGHWAY REDEVELOPMENT AREA. This request is being processed in conjunction with a proposed rezoning of the property from GC (General Commercial) RM (Multiple Family- Medium Density), and RL (Multiple Family- Low Density) to PRD (Planned Residential Development). Pursuant to LDR Section 4.4.7(F)(2)(c), a minimum lot area of 5 acres is required for a PRD development project. The applicant proposes a residential development consisting of 12 multiple family units along Federal Highway and 34 single family house to the east on 4.623 acres. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Given the analysis contained in the attached staff report with respect to the compatibility of the project to the surrounding area, a positive finding can be made that the reduction will not adversely affect the neighboring area. The subject property is located within an urban redevelopment area and is considered an infill project. The proposed development furthers several goals of the Comprehensive Plan and the North Federal Highway Redevelopment Plan. Finally, the applicant has expressed the desire to have Royal Palm Boulevard abandoned by the City as this street would then only serve the resident's of Palm Grove Village and The Estuary. The abandonment of the right-of-way appears to provide the minimum 5 acre site. Similar circumstances on other properties would lead to the same conclusion. Based on the above, a positive finding with respect to LDR Section 2.4.7(B)(5), waiver findings can be made. The Planning and Zoning Board considered the waiver request at its meeting of January 26, 2002. The Board recommended approval (7 to 0) of the waiver to the 5 acre minimum site area requirement. By motion, approve the waiver to the 5 acre minimum site area for Palm Grove Village, based upon positive findings with respect to LDR Section 2.4.7(B)(5). Attachment: [] Survey .% FOOTBALL FIELD · 22~D BOR TON VOL VO PLUM OSA ELEMEN TAR Y SCHOOL 21ST ST OELRA Y'S LOST DRIVE-/N M $ A TRACT U 17TH ST N E 167H ST N E 15TH 14TH ST N E 13TH ST ST N E 11TH N E 14TH ST (LAKE AVE: ) EASTV1EW /// LAKE AV[NLiE N LAKE AV~:NUE S [ WAY WITHERSPOON LANE McKEE LN THE CITY OF DELRAY BEACH, FL PLANNING &: ZONING DEPARTMENT PALM GROVE VILLAGE -- DIGI2';4L ~E~4$E A44P SYS~'EM -- MAP REF LM576 ,vv~ PPV ,0~ 1 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGE~, AGENDA ITEM # q~ o REGULAR MEETING OF FEBRUARY 19, 2002 REQUEST FOR SIDEWALK DEFERRAL/122 NW 10TM AVENUE FEBRUARY 15, 2002 We received a request from the Delray Beach Community Development Corporation to defer the requirements of LDR Section 6.1.3(D)(1)(b) to install a sidewalk in front of a single-family residential lot (122 NW 10th Avenue) located just north of West Atlantic Avenue. The City has made this neighborhood a priority with regards to providing sidewalks. Therefore, staff is not in support of the developer's request to have the sidewalk in front of 122 NW l0th Avenue deferred. Recommend denial of the sidewalk deferral request. S:\C~ty Clerk\chevelle folder\agenda memos\ S~ewalkDeferralRequest 02 19.02 City Of Delray Beach Department of Environmental Services M E M 0 R A N D TO: FROM: DATE: David T. Harden Randal L. Krejcarek, P.E.~~ 12-Feb-02 SUBJECT: City Commission Agenda Item Sidewalk Deferral Request 122 NW 10t~ Avenue U M The attached agenda item is a request for a deferral of sidewalk installation in front of 122 NW 10th Avenue. This lot is a single family residential lot located just north of West Atlantic Avenue. The City has made this neighborhood a priority with regards to providing sidewalks. Therefore, staff cannot support the Delray Beach Community, Development Corporation's request to have the sidewalk in front of 122 NW 10th Avenue deferred. The attached map indicates the location of this sidewalk deferral as well as existing sidewalk within the neighborhood. Please place this item on the 19 Feb 2002 Commission Agenda. Thanks. enc cc Richard Hasko, P.E. file S:tEngAdmintLetters~RLK~SIDEWALl~nwlOth av deferral agenda memo 19feb2002. doc f FROM : DELRA¥ BEACH CDC PHONE NO. : 56126,698,.43 F,~b. 05 2BB2 10: 10AM P2 DELRAY BEACH COMMUNITY DEVELOPNIENT CORPORATION 400 WEST ATLANTIC AVeNU" · DEr. RAY 8;.~C,, FI.. 33444 (581) 266-9840 ' F~x 266-9843 February 5, 2002 Environmental $~'vices City orderly B~u:h 434 $, Swi~on Avonue Re: Sidewslk at 122 W.W. l0s Avenue D~r Mr, Hasko: Pm'suaat tO our conversation red. dog the above refer~ it~m~ as I sta~d, the Delray Boacl~ CDC will be respon~le for tl~ installation of the sidowalk should &e City Commission not defer its i~sudlaIion in its' upcoming me~ing on February 19, 2002. ta the interim, i! is my und~n8 that you will imtmct the proper authority to go ahead aud issue a conditional c~r~ ofooc~p~cy base~ on the condition stated above, Thank you tbr your a~ in this matter. W'flliam N. Sanders LAKE IDA ................... ~ ..................................... ~-~ ~---~ ' v F ] --: '", "~, -~ ' .................... : .......... ~-- '- ,:~ ~:.: ', ~ -._ ',~ ~' ', ~_:__._:_~ h.~_:__' .... ~=_ .... ~ .... :~ ROAD -- ~ ....... .- - ........................... :~ ~-~- ~ [- ...... ;~ ...... .. ~,, _2_-_~ ...... , ................ , :-~-~ 2' ...... ~ ..... ~ ......~ ...... - -- ~ ~,~ ..... ~,~ .. . ~ ~ , ATLANTIC v AVENUE EXIS11NO SlI~WALK I,.[(]~ND [ 122 N.W. lOTH AVE. I1°~-'~-~°°~1 Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this // 2002,- between the City of Dekay _. day of ,Jrt-~at/~tx,/ , Beach (hereinafter the City) and (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along ,/~O0. //}/~ 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 Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver fi.om the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)Co); 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 wimess of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: l. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the right-of-way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall 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 ATTEST: City Clerk Approved as to form and sufficiency: ,200 . CITY OF DELRAY BEACH, FLOR~A By: Mayor City Attorney WITNESSES: OWNER: 2 (Please type or print name) (Please type or print name) STATE OF COUNTY ~)~The foregoing instrum~at was a_eknowledged before me this /~) day of ~c.~t . 200_2by ~..~.~ff~-~ ~a,z/-d~4 .~ (name of officer or agent), of ~j~-~/ff~ ~/-~/r/~,di~(name of corporation), a~_ (State or place of incorpo~tion) co~oration,~on/bel~lf of the corporation. He/She is personally known to me or has produced~T-/k ~tJt~' ,~-o~ . (type of identification) as identification and did/did not take an oath. Signature o~f },o.tar~ Public - State of 3 Agenda Item No. AGENDA REQUEST Request to be placed on: X Regular Agenda ~. Special Agenda ~ Workshop Agenda Date: '.~ */$ - _o__;~_ Description of item (who, what, where, how much): Approval/authorization for Mayor to sign sidewalk deferral agreement for 122 NW 10th Avenue. ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT A'i-I'ACHED YES/NO Recommendation: Staff recommends denial. ~ Department head signature: ~,~j~ ~__.~ 7_- / ~ -o ~ 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 NA Funding alternatives Not applicable Account No. & Description Not applicable Account Balance Not applicable , (if applicable) City Manager Review: ~ Approved for agenda:~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:~EngAdrnin~_etterstRLK~SIDEWALK~wl Oth av deferral agenda 19feb2002 doc TO: THRU: FROM' DAV/ID T. HARQEN, CITY MANAGER ,~DORLING, DI E~TOR OF PLANNING & ZONING SCOTT A~ARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF FEBRUARY 19, 2002 - REGULAR AGENDA REVIEW A REQUEST FROM BEN & JERRY'S SCOOP SHOP FOR THE PURCHASE OF TWO IN-LIEU PARKING SPACES. Ben & Jerry's Scoop Shop has submitted a Class II site plan modification for an ice cream parlor located at 1155 East Atlantic Avenue. Pursuant to Land Development Regulations (LDR) Section 4.6.9(B)(1)(d) this change of use requires the provision of two (2) additional parking spaces. The applicant is unable to provide the required spaces on site and is requesting the purchase of 2 In-Lieu Parking Spaces pursuant to LDR Section 4.6.9(E). The cost per space in the area is fourteen thousand dollars ($14,000), for a total of twenty eight thousand dollars ($28,000). This type of establishment is not usually considered a trip generator but more of a pass-by destination for people already in the area. Generally this type of use increases pedestrian traffic in the area and is considered an asset to the surrounding businesses. The Parking Management Advisory Board, at their meeting of January 22, 2002, unanimously recommended approval of the applicant's request. By motion, approve the request by Ben & Jerry's Scoop Shop for the purchase of two in-lieu parking spaces in the amount of twenty eight thousand ($28,000) dollars. £1TY UF DELI:II:IY BEACH DELRAY BEACH AII-AmericaCity 1993 FROM: 2001 SUBJECT: 100 N.W. lstAVENUE DELRAY BEACH, FLORIDA 33444 MEMORANDUM David T. Harden, City Manager Robert Barcinski, Assistant City Manager A. AGENBA ITEM # CITY COMMISSION MEETING, FEBRUARY 19, 2002 SPECIAL EVENT REQUEST - BELRAY AFFAIR 561/243-7OO0 DATE: February 13, 2002 ACTION City Commission is requested to endorse the Delray Affair to be held April 5-7, 2002 to grant a temporary use permit per LDR's Section 2.4.6 (H) for use of City property and rights-of-way as requested, to waive LDR's Section 4.6.7 (D)(3)(j)(ii) to allow signage to be placed more than one week prior to the event by March 13th, to provide staff support as outlined in the attached letter, to split the overtime costs 50/50, with a maximum City contribution of $11,500, to allow banners within the site area, to allow all vendor permits to be assigned by the Chamber of Commerce with the City paying extra overtime costs for Fire Department above the 2000 overtime level and to allow this to be the only event held on these dates. BACKGROUND Staff has reviewed the attached request from the Chamber of Commerce for the Delray Affair. We support the request except for the following: A. Approve use of parks with the stipulation that the Parks and Recreation Director has input concerning the events proposed on park property. B. Grant approval of signs per code requirements, and allow banners to be placed within confines of the event site as may be approved by the Community Improvement Director. C. Allow this to be the only authorized event for these dates except for the JP Morgan Chase Tennis Challenge Williams Sisters. D. Allow signage for the event to be put up on March 18th versus March 13th. E. Cap the City contribution of overtime at $16,000. This would increase the amount owed by the Chamber to the City by approximately $6,000 over last year. Estimated overtime total for this event is approximately $47,855. Last year's actual overtime costs were approximately $44,900. Due to changes required in the Fire Department manning overtime costs were $8,100 greater than the previous year. Last year Commission waived these additional costs. RECOMMENDATION Staff recommends approval of the Chamber of Commerce's request with staff recommended exceptions, contingent on receipt of a certificate of insurance and hold harmless agreement. RAB:tas File:u'sweeney/events o Doc.:2002DelrayAffair THE EFFORT ALWAYS MATTERS ~;;l. D Prlnted on Recycled P~oor lrayAffair 64-A 5.E. Fifth Avenue belroy Beach, FL 33483 lJJ~' (561) 278'0424 (56~,~279-1380 X 22 fox (561) 278'0555 chamber~delraybeach.com www.delr'ayaffair'.co m .lanuary 17, 2002 Mayor and City Commission City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 RECEIVE£ JAN 2 8 ZOOZ CITy MANAGE:R Dear Mayor and Commissioners' The Delray Affair, celebrating its 40th anniversary in 2002, is scheduled for April 5, 6, & 7, 2002 and we would like to request your support once again. We are very proud of the excellent reputation the event has earned over the last 39 years and we attribute a part of the success to the great relationship we have with the City of Delray Beach. The event has a significant economic impact of more than $30 million as measured in our 1998 Economic ]:mpact Study.* We also are thrilled to share the news of our most recent accomplishments, one of 200 Best Art Events in the United States by Sunshine Artist magazine and Top 10 Event in the Southeast by Southeast Tourism Society. It is our hope that these designations, along with others received in the past, will assist us in our effort to continue to bring more tour groups and visitors to Delray Beach during the Affair. Please consider approval of the following Delray Affair items: 1. Endorsement by the City Commission as a City supported event; Use of City parking facilities for entertainment and exhibitor parking at Worthing Park, Veterans Park, the City lot behind Hand's, NE 1st Street, and lot adjacent to Vittorio's Restaurant on Federal Highway northbound just south of Atlantic Avenue; Use of all area within Worthing Park, Veteran's Park, and the exterior grounds of Old School Square (please note that a separate request letter has been sent directly to Old School Square); Blocking off parking from Swinton Avenue to the :[ntracoastal Waterway and closing Atlantic Avenue to traffic from Swinton Avenue to Palm Square. Blocking access to Atlantic Avenue from each side street in this area from alley to alley. Suspension of parking time restrictions; continued on page 2 Delray Affair - Page 2 J Provide City staff support with representation from Police, Fire, Streets, Engineering, Fleet and Facility Maintenance, Community Improvement, Parks & Recreation, and City Managers Office for planning and operation services; Allow this to be the only Commission approved event during the Delray Affair time frame. Allow all permits to be assigned by the Chamber of Commerce only, with the exception of the Special Event Parking Lot Concessions; Permission to erect signs promoting the event from March 13th through April 8th, Permission to erect overhead banners within the confines of the Delray Affair site; We respectfully request a 50/50 split on City staff overtime services with the $11,500 cap that was instituted in :1998. We also request that the City cover the additional expense incurred by the Fire Department as was done in 200:1. We sincerely appreciate all of the efforts of the City employees and look forward to a great Delray Affair in 2002. We hope each of you will be a part of the festivities. ,~~ truly, 'Willia~ President CC' Dave Harden, City Manager Bob Barcinski, Asst. City Manager Chief Larry Schroeder, Police Dept. Lt. Geoff Williams, Police Dept./Special Events Chief Kerry Koen, Fire Dept. John Tomaszewski, Asst. Fire Chief Joe Weldon, Director of Parks & Recreation Tim Simmons, Supt. Parks Maintenance Harold Belinger, Traffic Maintenance Supervisor Jim Schmitz, Supt. Building Maintenance Gary Buzen, Building Maintenance Lulu Butler, Director of Community Improvement *Regional Research Associates, 1998 82/13/2882 16:83 5612788555 DB CHAMBER COMMERCE ZNCOME Entry Fees contract Services Sposorship$ Merchandise Sales (other Income) TOTAL REVENUE 2002 DELRAY AFFA:£R April $, 6, & 7 i' Proposed Budget EXPENSe[ 195,5;00 Personnel .Administrative 4,200 Entertalr{~l lent/Exhibitor/Photogral~hy 57,000 ProfessKJn al Retainer Fees 9,500 Waste Co trol & Disposal Shuttle I~ s Services 266,300 City Se~l,:es Securlty;~. Licenses Equlpmer ~ & Facility Rental Sponsor.~l ip Sales/Recognitions Event Slbl~s & Banners Advertlslr. ;pPrinbrTV/Radio Office & ~, Jmlnlstratlve Event Su~ll plies & Purchase Printing ~:penses Herchanid' se Sales Expense : TOTAL E] TOTAL SURPLUS $124,900' : * Event surplus remains In Greater oelray Beach Chamber of Commerce Opera~i ig Budget to fund other Ichamber actlvtt(es, including, but not limited to', Governmental Affairs, Tourism, Educattbn and ~olnt Venture, $25,354 22,800 7,500 10,00.0 5,00~ 26,00~ 3,025 8,27~ 4,200 2,100 6,90G z,~,oo, 2,250 9,000. ams and MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~Q AGENDA ITEM ~r.~_ . REGULAR MEETING OF FEBRUARY 19, 2002 ImSH FESTIVAL/MARCH 16, 2002 AND MARCH 17, 2002 DATE: FEBRUARY 15, 2002 This item is before the Commission for Special Event Approval for the Irish Festival. This event is to be held on March 16, 2002 from noon until 1I:00 p.m. and on March 17, 2002 from 11:00 a.m. until 8:00 p.m. including a temporary use permit for the use of facilities, event signage, trash removal, staff support for security and traffic control with the sponsor paying all overtime and event signage costs. The estimated overtime cost for this event with EMS assistance is $8,120.00 and $5,465 without EMS assistance. Event signage costs are estimated at $300.00. This event is a new event which exceeds our 50 event limit, and was not budgeted for. If this event is approved, I recommend that the event sponsor be required to pay all overtime and signage costs. Approval should also be contingent upon receipt of a certificate of liability insurance and a hold harmless agreement. City staff is very concerned about Old School Square scheduling events of this nature without consideration of the 50 event limit. If City support is required for an event, then it should be subject to the 50 event limit. S'\Clty Clerk\chevelle folder\agenda memos\InshFestava102.19.02 £1T¥ OF DELRI:I¥ BEI:I£H DELRAY BEACH 1993 FROM: 2001 SUBJECT: 100N.W. lstAVENUE DELRAYBEACH, FLORIDA 33444 . 5611243-7000 MEMOEANDUM David T. Harden, City Manager Robert A. Baminski, Assistant City Manager AGENDA ITEM # CITY COMMISSION MEETING, FEBRUARY 19, 2002 SPECIAL EVENT REQUEST- IRISH FEST DATE: February 13, 2002 ACTION City Commission is requested to endorse an Irish Festival sponsored by the Irish Cultural Institute to be held on the grounds at Old School Square Uamh 16, 2002 from noon until 11:00 p.m. and on March 17, 2002 from 11:00 a.m. until 8:00 p.m., and to approve staff support for secudty and traffic control as well as clean up of site, and event signage. BACKGROUND Attached is a letter received from Peggy Murphy, Director of Center Services, at Old School Square requesting City endorsement of this event as well as staff suppoK for security, traffic control, and clean up as requested by the event sponsor. Old School Square has entered into a contract for use of the pavilion area for this event. This will be a gated event with an admission charge. This is a new event which would be held on the same date as the Saint Patrick's Day Parade. An event budget and a copy of the liability insurance are attached. This event is a new event and exceeds the number of events designated by City Commission. The estimated overtime costs for this event with EMS assistance is $8,120 and $5,465 without EMS assistance. Event signage costs are estimated at $300. The Police Department has determined a need for more than two (2) officers for the event as requested. Their manning plan required five (5) officers for Saturday and four (4) for Sunday. Due to the estimated number of attendees, EMS service on site may not be needed. RECOMMENDATION Staff recommends approval of the event and staff support with the following conditions: 1. Secudty and traffic control manning would be a Police Department decision. 2. The need for on-site EMS service is to be determined by the Fire Department. 3. Event sponsor to pay all overtime costs and event signage costs. 4. Signage to be put in place one week before the event. 5. Event sponsor to provide liability insurance and hold harmless agreement. RAB:tas File:u:sweeney/events Doc 'Irish Fest 2002 ~ on RecJ~.Jed Paper THE EFFORT ALWAYS MATTERS School Square C U L T U It A L ARTS CENTER Old School Square, Inc. 51 North Swinton Ave. Delray Beach, Florida 33444 Phone (561) 243-7922 Fax (561) 243-7018 February 7, 2002 RECEIVED FEB 0 7 211112 CITy MANAGER Robert Barcinski, Assistant City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Re: Irish Fest - March 16-17, 2002 Dear Bob: I spoke with Sheila Hines of the Irish Cultural Institute today regarding the festival to be held on Old School Square grounds Saturday, March 16 and Sunday, March 17, 2002. Any requests for City assistance and information regarding the festival are as follows: Date and Time/Admission - Irish Fest will be held Saturday, March 16, 2002, from 12:00pm until 11:00pm, and Sunday, March 17, 2002, from 11:00am until 8:00pm. Friday night has been removed from the original schedule. This is a gated event. Admission is $12.00; ages 14 and under are free. Attendance - attendance for each day is expected to about 1,500-2,000. These figures are for throughout the day. Police/Security - police security is requested during festival hours (2 officers) for both days of the event, and will be paid by Irish Cultural Institute. Private security has been arranged for overnight and City assistance is not needed. Fire/EMS - because attendance is expected to be 1,500-2,000 throughout the day, EMS presence is not requested. Clean up - an additional dumpster will be brought in by ICI. Please provide an estimate of costs for Parks & Recreation to provide clean up during festival hours, to be reimbursed by ICI. Signage - ICI requests announcement signs to be placed at West Atlantic Avenue, South Federal Highway and North Federal Highway. Please provide an estimated cost for these signs. Street closures - none. Attached is a copy of the event contract with the Irish Cultural Institute and copies of certificates of insurance naming 01d School Square, Inc. and the City of Delray Beach as additional insured. Please let me know when this item will be scheduled before Commission and if Sheila Hines or I should be present. Thank you very much for your assistance. If you need any additional information, please let me know. Sin~ce~y, Peggy~Mfirttl~ Director of Center Services pm enc.cc: Sheila Hines, Irish Cultural Institute MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'t"I SUBJECT: AGENDA ITEM"~.ta--~ . REGULAR MEETING OF FEBRUARY 19, 2002 FUNDING REOUEST/TRUTH, INC. DATE: FEBRUARY 15, 2002 Attached is a letter from Troth, Inc. requesting financial support from the City to assist with the group's Louise E. Buie Civil Rights Legacy Tour. The tour will go from South Florida to Selma, Birmingham, and Montgomery, Alabama and to Atlanta, Georgia during the week of March 15, 2002 through March 19, 2002. Recommend that the request be denied in view of our anticipated revenue shortfall, and also because this is not a local group. It is focused primarily in the West Palm and Riviera Beach area. S.\C~ty Clerk\chevelle folder\agenda memos\Funchng Request. Truth 02 19.02 FROM :MINTO&MINTO FAX NO. :5619675971 3an. 08 2002 12:S3PM Pi F~m: T.R.U.T.H.S., INC. C! Oege~t 0 For Review CI Please Comment f FROM :MINTO&MINTO FAX NO. : 5619675971 Jan. 08 2882 12: 55PM P4 T.R.U;T.H.S., INC. TRUTH, RESPONSIBILITY, UNITY, TRAINING, HOPE & $UCC]~SS, INC. 5600 N. FLAGLER DRIVE, SUITE 703 WEST PALM BEACH, FL. Y3~07 ( l)az -ss 7/(s6 )96?-26s E-MAIL:BLHTRUTH~31AIL. COM FOR INIMED, ,IATE RFA.IEASF. PRESS RELEAS]~: T.R.U.T.H.$., INC. will prezent thc Louise E. lBuie Civil Rights Tour to Selma, Birmingham and Montgomery, Alabama and Atlanta, Georgia to retrace the historic landmarks that reshaped the history of America. The tour is a fitting tribute to Louise E. Buie who has given a lifetime of service to civil rights and civil liberties. Tour Packages start at $300.~ for double occupancy, our price includes bus, hotel and-admission to attractions. For Information call Frances N. Coffield (561)835-8517 or Alison P. Minto (561)96% 2654. Reserve early, seating is limited. Tour is scheduled during spring break, so that the entire family can participate. about our family Dackai~et. T.R.U.T.H.S, INC. Louise E. Buie Civil Rights Legacy Tour to Selma, Birmingham and Montgomery, Alabama and Atlanta, Georgia. CALL (561)8~-8517 OR FRX NO, :5619675971 Jan. 08 2B02 12:54PM P2 FROM : M ! NTO&M I NTO T.R.U.T.H.S., INC. TRUTH, RESPONSIBILITY, UNITY, TRAINING, HOPE & SUCCESS INC. 5600 N. FLAGLER DRIVE, SUITE 705 WEST PALM ]~]~ACH, FL. 33407 (561)844-6721 ($61)835-8517 (561)844-3922 FAX BLH ,TR UTH~.~M AIL. COM LOUISE E. BUIE CIVIL RIGHTS LEGACY TOUR March 1~-19, 2002 T.R.U.T.H.S., INC. will sponsor thc Louise E. Buie Civil Rights Legacy Tour to Selma, Birmingham and Montgomery, Alabama and Atlanta, Georgia. To commemorate the civil rights movement that changed the history of the United States. We will visit the most significant landmarks in each location including the marching across the bridge, visiting the church where young people died from bombings, the civil rights museum, Tuskeegee Institute and the Dr. Martin Luther King Jr. memorial. The tour is scheduled during spring break so that the entire family can enjoy this historic event, The tour is dedicated to Mrs. L.E. Bule who has given a lifetime of service to achieve equality for all Americans. Luxury motor coaches will depart from South Florida. Riders will view movie~ and have discussions on the motor coaches. Workbooks and other materials will be given to each rider. The motor coach will arrive in Selma the following morning. After checking in a deluxe hotel our riders will begin their tour. We will spend the day in Selma. The next day we will depart for Montgomery and Birmingham. After a ftlli day of activities we will travel to Atlanta, GA. To the Dr. Martin Luther King Jr. Memorial. Mrs. L. E. Buie is a pioneer of the civil fights movement. She marched with Dr. King and worked with many organizers of thc civil rights movement. She was instrumental in desegregating many areas in Palm Beach County and throughout the State of Florida, she has worked tirelessly for voting rights, fair housing and human rights. Mrs. Buie will share stories and memories of the events that cried out for freedom, justice and equality during her early years in the civil rights movement through the present. We hope that you will share our vision and be a part of this historic event. For more information please contact Bennie L. Herring H (561)844-6721, Mrs. Frances N. Coffield or Ms. Alison P. Minto (561)967-2654. :MINTO~MINTO FAX NO. :5619675971 ~an. 88 2~02 12:55PM P3 Registration Form Trip prices start $260.00 per person in a quad room. Prices includes motor coach transportation, lodging, entrance to historic sites and three nights hotel stay. Meals are not included. Triple room $270,00 Price Includes motor coach transportation, lodging, entrane to historic sites and three nights hotel stay. Me~ls are not included. ****Double room $300.00 Prlce includes motor coach transportation, lodging, entrance to historic sites and three nights hotel stay. Meals are not included_.. Single room $395.00 Price includes motor coach transportation, lodging, entrance to historic sites and three nights hotel stay. Meah arenot_included. l~ame Organization Address Cit~ State Phone E-mail: Number in room Special needs Deposit .Payable to T. ILU.T.H.S.,INC. Z~p XILXL Children's Official L. E. Buie Civil Rights Tour T-Shirt XXL XL L M S L M S Corporate Sponsors Dr. Martin Luther King, Jr. L, E. Buic Rosa Parks Medgar Evans Freedom Rider $5,000,00 $2,000.00 S1,000.00 $ .~00.00 $ 100.00 ..60% deposit required. Refundable before March Ia, 2002. Final payment due March $o, 2002. [ITY OF DELRI:IY BER(:H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 W,ter's D~rect Line 561/243-7091 1993 DATE: February 13, 2002 MEMORANDUM TO: FROM: City Commission ---- ~ Brian Shutt, Assistant City Attorney SUBJECT: Settlement Offer in Myriam Jean-Louis v. City This case arises out of an auto accident that occurred on January 10, 2000. A City vehicle was traveling westbound on Lake Ida Road and failed to stop before striking the vehicle in front of him. The City driver was issued a citation for this accident. The Plaintiff has alleged injuries to her back and neck and has incurred approximately $18,500.00 worth of medical bills to date. The Plaintiff's attorney has offered to settle this claim for $31,500.00 inclusive of attorney's fees and costs. At this time, the City Attorney's Office recommends acceptance of this offer subject to the receipt of appropriate releases. By copy of this memo to David Harden, please place this item on the February 19, 2002 City Commission agenda. If you should have any questions, do not hesitate to contact me. CC: David Harden, City Manager Barbara Garito, City Clerk MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~. AGENDA ITEM o//-/.o REGULAR MEETING OF FEBRUARY 19, 2002 APPOINTMENT TO THE BOARD OF ADJUSTMENT DATE: FEBRUARY 15, 2002 Mr. Clifford Torres was elected as a regular member for the Code Enforcement Board on February 5, 2002 creating a vacancy for an unexpired term ending August 31, 2003 for an alternate member on the Board of Adjustment. To qualify for appoinmaent~ a person shall either be a resident of or own property in the city, and/or own a business within the city. The following have submitted applications for consideration: John Baccari William Branning Benjamin Ricker Stanley Warshaw (currently on Board of Construction Appeals) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was done and all are registered. Based on the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). Recommend appointment of one (1) alternate member to the Board of Adjustment for an unexpired term ending August 31, 2003. .. ... i't~-~ + &. C. CiTY OF DELRAY BEACH BOARD MEMBER APPLICATION - lit Avenue ah FL S61-832-9110 Board of Consc~uccLon#pe&le P. duc~nnlqu&lifica~onS: B. A.,:b~ oTch~uze, ,~acume Uu~ve%m~cy _16. C~j~e your j~se~ o, mos~ ~¢enY ernployer~ end I~sition: ..... } I JUN 1 3 ~000 u~ ~J~4TM C;LEFIK ,s',. ,'..~ BOARD MEMBER APPLICA'~'ION ' o I~~ ~ ~ '~ ........ BOARD MEMBER APPLICATION 1993 2001 10. ~st sm.' tehted pzofessJoz=] ce~t:i~c~t~ons &ual X~,cnscs wbi~ you hold: 21. G~e vo~ present, oz most zccc::t c.3ployct, &ual pos~t~on: tOY 1'6 1001 CLERK ~ 1987-~ ~ PRESIDEnt. RTW, R/ak Managers ~as or~ntzed to p~ r~ ~~ ~ ~h ~ r~k f~~ ~d 1~ ~1 ~tve for ~ ~y'l ~at~ ~s ~ fill ~ zl~ ~~ ~t ~~t fo~ ~es ~e ~ ~Id ~lly ~lu~ ~~~9a~~~. 1:~8~,I982-~%t~CH,1987 ~ V/CE PRESIDENT C~ B.D.CCLE,INC. Bespcrmtble for ~ b~s pr~uc~. ~ m~ a v~le ~g ~lati~p wl~ present ~es. ~t~ Vt~ ~st~t ~d D~r of ~le ~s~ia~s ~lcate,~c. of ~ ~~ ~~ of ~ ~rt~s, ~, Flort~. El~d ~r ~~r of ~ ~~ ~c~ of ~ ~r~s' B~ ~s~~, ~c. Ft. Lau~erdale, Fl. ZI~MBIR, 1978-October, 1982 Ben F. Picker & Associates operate~ as a cgmrercial general RELLUUr.r. INSURANCE O:~ANY Columbus, Ohio ~U~IU~Y I977-DECI~ER, 1978 National Director of Marketinq. responsible for ~Lrect marketing and cc~tract negotiation with Independent Insurance Agents though- out the United States. Managing sales force wtth/n the company creating a total Of 83 agency appointments and producing 2.6 mtllic~ ~ollars in volu~e over the 12 mc~th period. P.O. BOX g.~.204t * DELRAY BEACH, FLORIDA 33483 · ('~05) 794-7?35 · FAX ~ 407-274-8907 ~ll~pa:x:)d, Fl. 1977 Consultant to c~arcial banks, large zetall rieks in the £1eld~ o£ zi~k ~t, general lnmirance esl£ insurance pro,rams. Worked with inmlrance ager~s In ~ £ields of sales motivation, valtdatio~ llqUtrementa £cz ne~ sales people ~d ~ ~ma~ement. ItlC~ Cocoa Beach, Florida ~me 1953-Narc:h 1976 Starte~ in ~eneral insurance ~ales. Became President o! the cc~pany responsible for a&ain~tration end sales. ~ vol~e incze~ed in this period from $132,000 pe= year to over $700,000 -2- P.O. BOX 83-2041 · DELRAY BEACH, FLORIDA ~3483 ~07 ~1., RAY BEACH ~ CITY OF DELRAY BEACH lll~~ BOARD MEMBER APPLICATION 1993 2001 P/e~e /nfom~tion: Z Home Add~'ss: 3. Legal Residence: ~" City Sure Zip Code 4. ~~ B~s Address: ~ 5. ~om~ Phon~: B~** Phon,: ~M~ Ad~: ~ Phone: F~: 9. ~u~fion~ qu~fica~ons: 10. ~t ~y rehted professio~ c~fions ~d ~censes w~ch )'ou hold: 11. G~e yo~ presen~ ot most x~ent ~ploy~, ~d pogfion: Note: This applicalion will remain on file m the City Clerk's Office foz a peziod of 2 ~ flora ~ ~[t'slt was submined. It will be the applicant's tesponsibRity to ensure that a cun. ent applica_fi.=% is otp ~.~ CITY CLERK STANLEY I. WARSHAW, Sc.D. 555 SE Sixth Avenue (5B) Delray Beach FL 33483-5250 Tel: (561) 243-8740 Fax: 508-256-6594 E-mail: s.warshaw~att.net CONSULTANT: Expert on product standards, testing, certification and quality management practices in international trade. EDUCATION: Advanced Management Program, Harvard Business School Doctor of Science, Massachusetts Institute of Technology Bachelor of Engineering, Georgia Institute of Technology BACKGROUND: Office of the Director of Technology Services, National Institute of Standards and Technology, U.6. Department of Commerce, Gaithersburg MD 20899 Senior Policy Advistr for Standards and Technology (1996 - 1999) Designed and directed the development of the Institute's Strategic Plan for all International Related Activities, including those in direct support of trade maters, such as standards and conformance measures, as well as cooperative research and development efforts and the development of standard reference materials and data. Developed bilateral standards and conformity assessment dialogues with several ASEAN nations and China. Served as a Member of the Executive Committee of the United States National Committee to the International Electrotechnical Commission, the U.S. member body to this international organization. Office of the Assistant Secretary for International Economic Policy, International Trade Administration, U.S. Department of Commerce, Washington D.C. 20230 Senior Policy Advisor for Standards and Technology (1994 - 1996) Coordinated standards policy related activities of the Deparlment leading to the harmonization of standards globally and the mutual recognition of conformity assessment measures. Designed and implemented bilateral standards negotiating actvifies with Russia and the Newly Independent States, Latin America nations, ASEAN nations. Lead efforts to assist several nations in their accession to the World Trade Organization relative to the Agreement on Technical Barriers to Trade; e.g., China, Ukraine, Chile, etc. Provided technical assistance on standards and conformity assessment negotiations led by the U.S. Office of Trade Representative ~. ~. Wars~av padre 2 o£ 2 with the European Union and NAFTA member countries. Directed the development of the standards aspects of the President's National Export Strategy. Served as a Member of Underwriters Laboratories (since 1982), a Member of the United States National Committee Executive Committee to the International Electrotechnical Commission (1987-2000). National Institute of Standards and Technology _-_Gaithersburg, Maryland 20899 Director, Office of Standards Services (1991 - 1994) Formulated and directed standards, certification, legal metrology and laboratory accreditation projects. Represented U.S. interests in related international organizations, such as the International Electrotechnical Commission, the International Laboratory Accreditation Conference, and the United Nations Economic Commission for Europe and the Organization for International Legal Metrology. Associate Director (1987 - 1990) and Director, Office of Product Standards Policy (1981- 1986) Formulated and directed standards, certification, legal metrology and laboratory accreditation projects. Administered the development of federal agency policy relative to government use of comparable private sector programs. Represented U.S. interests in related international treaty organizations, such as the United Nations and ~e Organization for International Legal Metrology. Director, Center for Consumer Product Technolo~ (1975 - 1981) Designed and implemented programs in research and engineering for assessing consumer product performance and safety attributes in support of government regulatory agencies and industry. Responsible for developing resource requirements from public and private sector interests. ~,merican Standard, Inc. (1964-1975) P.O. Box 2003 New Brunswick, New Jersey 08903 General Manager, Development and En~ineerin~ Responsible for all product and process development and engineering activities of the corporation both within the US, and internationally (AKA as Ideal Standard) in building products; including air conditioning and heating, sanitary ware, plumbing fittings, etc. Raytheon Company (1961 - 1964) 28 Seyon Street Waltham, Massachusetts 02154 Senior Research Scientist M] MORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGEP~ AGENDA ITEM # c/j.. APPOINTMENT TO COMMISSION REGULAR MEETING OF FEBRUARY 19. 2002 THE PUBLIC EMPLOYEES RF, I.ATIONS DATE: FEBRUARY 15, 2002 Lorraine Kasper was appointed as regular member on February 5, 2002 creating a vacancy for an alternate member for an unexpired term ending June 30, 2002. Pursuant to Section 35.032 (A) (1) (a) of the City Code of Ordinances; the Commission shall be composed of three members and one alternate to be appointed by the City Commission. Members of the local Commission established pursuant to this division shall be appointed so that the composition of the local Commission is as follows: One appointee who is a person who, on account of previous vocation, employment or affiliation, is, or has been, classified as representative of employers; one appointee who is a person who, on account of previous vocation, employment 9r affiliation, is, or has been, classified as representative of employees or employee organizations; and all other appointees, including alternates, shall be persons who on account of previous vocation, employment or affiliation, are not or have not been classified as representative of employers or of employees or employee organizations. Neither the Chairperson nor any member shall be employed by, or hold any commission with, any governmental unit in the state or any employee organization while serving in that office. The term is to fill an unexpired term ending June 30, 2002. The appointee need not be a resident of the City of Dekay Beach. The following have submitted applications and would like to be considered for appointment. Edward Desmond Dinah Stephenson Jean Sylvia (also applying for Delray Beach Housing Authority) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). Recommend appointment of one (1) alternate member to the Public Employees Relations Commission to for an unexpired term ending June 30, 2002. Board commission memo perc 02-19-02 .C. I'- ~.~ i f I~ CITY OF DELRAY BEACc~~iOH .~ 2001 · 1 [~.¢,->:*~.~..~o~ - (~' ~'~ .I ' ' t~':~- ]-- .... ~-,-'~,. -. ,- . .... · ~ . ,t~S~e es above '.· , ! · · . - I I I / ' _ _ ~ ,, I ,- _ · ~ , , / l, ; ~ , J ' .6. ~.r~ you a,cgi~T~vot~? Yes ' . ..... ~ " '~ ~ .~loyee. .[: e. , . ,_ Please 8e~ ~ach~ ...... I : ..~r:gC;~.a& - Cardinal Furniture LL~ _, ," . .. ': ' '~e) 0 i936-199g 1 .:,5' - ' - 72 196~- i~65 19.s5-19~9 1955-1~57 EDWARD C. DESMOND 5473 ~'ande Palm Circle Delray Be.a~h. Florida ~3484 ($61) 496-3596 ~PROFESSIONAL ]DIIPERIENCE CARD~ FURN'I'I%,'R~,'LI..C., Delray Be. ac Owner C.T.P. ~, Stratford. Connecticut V~ce Prezldtnt - School Division DMS ASSOCIATES, Fak,'field County, Connect Management Service Consultant TOWN OF WILTON, Connecticut F~r, st Selectman (Elected Office) WILTON PD'~LIC SCHOOLS, Wilton, Coanec Director of Management Services ~rESTPORT SCHOOLS, Wcatport, Connectic~ Com~otroller DANBURY PLr~LIC SCHOOLS, Danbury. Con Assistant to Superintendent for Buslness/Finam SoIYrH SCHOOL. New Canaan. Connecticut l'eacher PLYMOUIH STATE COLLEGE, Plymouth. Prlnc~paI of K-3 laboratory School, and Director of ~tudent Teaching Prlnc~paI P~E TR.E~ SCHOOL, Center Conway, 1,,l~w Ha ~'eacMng Prlnc~al Florida :ut tecticut Hampshire npshire OTHER EXPERIENCE 39~3-I956 1972-1977 1960- 1964 Small Business O~ner Wesxport, Connecticut FAIRFIELD UIClVERSlTY, Fairfield, Co~ecti~ ~ITY OF BRi~EPOP~T, Bridgeport,. ~ec~ Cemm~lon~ ~le~d ~ce0 Pl~out~ New ~p~e Alternat~e R~r~ent~ to House of Re~rese~ ~om Pl~ou~. New Hamp~e .... .-'72 ~*.~. ; 968 956 - 1958 "¢" }954 EDUCATION National Association of School Executives UniversRy of Bridgeport, Boston University. M~d Pl)~nouhh State College, B.S. PROFESSIONAL AFFILIATIONS · Boca P~ton Chamber of Commerce - D¢lr~y D~a'~h Ohambcr o£ · Connecticu~ Association of School Business President-Elect 1972-73 / President 1973-74 · Connecticut Association of Superintendents · Conway Teacher Atsociaxion : * ', Preside! 1955-56 - - Danbury Associalion of School Business Off President 1970-71 / 1978-80 · National Associalion of School Business · - -Phi Delta K .~ppa =.- . =-,-- . - Vice Presidant - Bridgeport Chapter 1972-73 * National School Supply ~d Equipment Assc~ * Boca Raton Chamber of Commerce · Delray Beach Chamber of Commerce · "Council of 100 Club" ,Ut ,taHves ~fficids i~ion ( ' I I '" BOARD MEMBER APPLICATION 'Plme t~"}w, or :pnnt ~ f'ollowJ~ int'oz'm~on~ J 9. List an.', ,elale. J i~r,,£essional certifications and licenses, which ~ou hold: * s~zhmiued It will ~e I)INAH $. STEPHENSON ~DUCATIO~q: 1993 - Present 1990- 199~ .1983- 1984 CONSTRUCTION, ~ l~t~, Irc Sbum · Bowes, Mbmi, FL ORGANIZATICelS · ASSOCIATIONS: % TI~ FLORIDA DAR -MgMBER ~..OR1DA ~ ~STAT'~ · I~11~~ CITY OF DELRAY BEACH , ~OARD MEMBER APPLICATION 3. ~. ~ Ph~ ~ Ph~: E-~ ~: ~~ ~ / CITY CLERK · ~was h w~l be d~e q~plic~'s ~m ~m~'J~ on file. Jean Sylvia 1050 B North Dr. DelrayBeach, F/or/da 33445 ( 561 ) 265-0799 Blr~hlMte 1118140 ~ex Wemale Occupation RetlFea #ldow -Blg C~.Lef l,evLm Real lstateHur~Lse Highway -JJassapequa, N.Y. 1966-1972 'Position: ~alesperson By Lou Real gstate 4905 Bunrile Highway ltuBsapegua, 1972-1979 Position: Owner/BroKer Treasury Hotel/Casino Flamingo Rd. Las Vegas, Nv. Posit/on: Dealer 1979-1982 Alladtn Hotel/Casino Las Vegas Blvd. Las Vegas, Nv. PosiTion: Dealer 1982-1985 Riviera Hotel/Casino Las Vegas, Nv. Position: Floorperson 1985-1999 Secura General Contracting Las Vegas. Nv. 1985-1992 Position: President -~ecura Electric Contracting Las Vegas, Nv. Position: PTesident 1986-1992 ~ecuraWholesale Las Vegas, Nv. 1985-1992 President I took a leave from the casxno ~naustrFfo~ a few yem"s to get actively involved in the family constructloh busAnesses. Me a~o both re~idential and commercial business. Memberships 1991-1979, Nassau County Democratic CAUO, District Laa~er: vas acvAvely involved in local, state and national eAecvAons ~968, founded, Itussapequa against Drugs, a ~aAK-~n ~rug co. unceling center. ~970-~979, lisssapequa Chamber o! Commerce 1966-1979, Long IslAND Board of ReaAtors would be happy to supply moro informatxcn if you neecl x~. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGERZ~:~..r~ AGENDA ITEM #~/O REGULAR MEETING OF FEBRUARY 19, 2002 APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD FEBRUARY 15, 2002 The terms for Bruce Gimmy, Howard Lewis and Francis Marincola expired on January 31, 2002. Mr. Gmamy has served two full terms and is not eligible for reappointment. Mr. Leve~s and Mr. Marincola have served one full term, are eligible for reappointrnent and would like to be considered. Attendance records are attached. Janet Onnen has resigned effecuve November 19, 2001 as representative for the Old School Square I-Iistonc Arts D~smct., creating a vacancy for a two year term, ending January 31, 2004. The Parking Management Advisory Board was estabhshed by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendauons to the City Commission regarding parking management policy and related issues including but not limated to, the planning, financing, development, construcuon and operation of parking fac~httes w~ttun the boundaries of the Transportation Concurrency Excepuon Area (TCEA) as well as all pubhc paring areas located along State Road ALA w~thin the corporate limits of the City. W~th the adopuon of Resolution No. 63-00 the board's membersNp was expanded from nine to eleven members to include a representative from the West Aflanuc Redevelopment Coalition (WARC) and a second ciuzen-at-large representauve. The following have submitted apphcations and would like to be considered for appointment: Atlantic Avenue and State Road AIA Corridor, lying East of the Intracoastal Waterway Francis Marincola (incumbent) Atlantic Avenue Corridor between Swinton Avenue and the Intracoastal Waterway Nancy Lierle William Miller Atlantic Avenue Corridor between Swinton Avenue and 1 95 Howard Lewis (incumbent) Old School Square Historic Arts District Joe Gilhe Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Wtlliam Miller. Based on the rotation system, the appointments will be made as follows: Atlantic Avenue and State Road A1A Corridor, lying East of the Intracoastal Waterway, by Commissioner Archer (Seat #2). Atlantic Avenue Corridor between Swinton Avenue and the Intracoastal Waterway by Comrmssioner Levinson (Seat #3). Atlantic Avenue Corridor between Swinton Avenue and 1 95 by Commissloner McCarthy (Seat #4). Old School Square Historic Arts District by Mayor Schmidt (Seat #5). Recommend appointment of four (4) regular members to the Parking Management Admsory Board to a two (2) year term enchngJanuary 31, 2004. Board commission memo parlung 02-19-02 'FIIANCI8 MAIIINCOLA :~6 8. OCEAN BLVD #B4 ~ DELRAY BEACH, FL 33483 TEL: (56t) 274-4455 ~P£~qONAI. SUMMAR F Education: Villanova Universily - BA in Economics Trenton S',atc College - MA in Education Business ltistory: I have been a successful owner in businesses ranging from Boardwalk Concessions (NJ), Retail Carpet (NJ), Nightclub/Restaurant (N~, Beach Cabana Rentals (FL), and cun'ently Caffe Luna Rosa Restaurant (FL). Organizations: I helped organize the Seaside Businessmen's Association (NJ) which is still in charter today. I am Vice President of the New Monmouth Condo Association and more recently helped ~o organize the Beachside Business Association in Delray Beach. I am also a member of Delray's Beach Property Owners Association. .FRANCIS MARINCOLA 36 $. OCEAN BLVD #B4 ~ DELRAY BEACH, FL 33483 TEL: (56t) 274-4455 L August 15, 1999 Alison McC-reggor Harry City Clerk City of Delray Beach l~lray Beach, FL 33444 RE: Board Member Application: Dear Ms. M~or, · As per Bill Wood, Chamber of Commerce, I submit to you the enclosed City Board Member Application for the parking commission as well as a copy of my personal summary. I have lived in East Delray Beach for the last 18 years and have maintained businesses in the area for as long. I have attended at least 80% of the city meeting pertaining to parldng and feel that I have extensive knowledge on most parking issues and am acutely familiar with the problems. I think with this knowledge and experience, I could only benefit thi~ area (parking) of the city. I appreciate your e~0nsidcration. enclosure (:2) cc: Bill Wood CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 2001 24 ~ O..I:38PH P1 8. Hst d ~' B~& on wh,rb')'~ ue ~r~' s~'~i ~ h~e ~sb, ,~8: ~,c ~d~de dates) -10. ~t ~y ~ted p~o~s~o~ce~a~s a~ hcmses w~j& you bold: JAN 2 5 2002 GITY CLERK CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 Please type oz prim the following information: 2. 'omeiddress:2.30 Viior P'E~TE c-~ pELp,~y IbE}~t-I- s~[~.. ~ .3. ]J. ga] Residence: C~ State Zip Code 4. Pz~.I Business Address: City State' Zip Code ~. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: & Are you a registered voter? ~:~ " .... ~l[ib;%fi~r~-~re you registered? 7. ~¥ B_oard(s) ar.e yo_u/mte~;ste, d in sezving? Ple~s$~t.i~, .order. of ~re~ere~ce: 8. List all fin.' Boards ~m ~hiCh )'o~ are currer~iy serving ;; have previously served: (Please include dates) MoM~' 10. List any rehted professional certifications and licenses which you hol~l: 11. Give your l~eSent, or most recen't employer, and position: 1~. Describe expetieilces, ~iri!l~ O~ k~o~/l_ edge wy'ch qusli_fy you to serve on this board: (Please sttsch a brief resume) ' hereby c~i~g,~t the ,~t~t~ents = tree, md I sgree snd undmt~d thst tony misst~temem of m~terial facts application will remain on file in the City Clerk's Office for a period of 2 years from the date it was ~ubmitted. It will be the applicant'~ responsibility to ensure that a current application is on file. ~ITY~ ~OAR~APPLIC ATION (, ~IIF~ BOARD MEMBER APPLICATION 1993 2001 Please tTpe or pnnt the fotlo~l~ iafoamtion: 11. LsstNsme: ~~ Home Ad.ess: . - ~ ~. ~ R~id~c : 4. l~in~ Business Address: 5. Home Phone: [ Business Ph.one: ] E-MSIl Address: Cell Phone: State State State Code Zip Code Zip Code 6. Are you a registered voter?.~.~ S If so, where sre you registered? 7. What Board(s) ~e you.inl~-ste~ m sereing? Please list in order of preference: ~)~ ~,t all Ciyy Boards on which~yo,~, are currently serving or have previously served: (Please include dates) 9. Educational qualifications: 10. List any related professional certifications and licenses which you hold: 11. Give your t~resent, or most recent emtfioyer, and position: IZ Desk, be experiences, skills, o,r knowledge, which qualify you to serve on this bosrd: (Pi.ease?tach a brlefres _ume) _., ~ ' ' / I I hereby~cerfify t~t sll the above statements are tree, and I agree and understand that any misstatement ofmaterial facts · ' ' ycontained in' cause fol'feiture upon my pan of any appointment I/~ay receive. Note: This application will remain on file in the City Clerk's Office for a period of 2 years submitted. It will be the applicant's responsibility to ensure that a current application islg/ilfile. GITY CLERK C Ct DELILAY BOARD MEMBER APPLICATION 2001 Pb:a~e d~e infonnation-' Cay t Sine Z~p Cod~ ~0 L:.<' .", :¢'.~Te.~ ~tofes.~3onxl cemfic~)ns at~d bcensc~ wluch you hold' ! 1. G:~ ~ you~ present, m most zecem'~.mployet, and position._.. · ~.:. ~,:~n~.,~ cxp~r~rnce~, dulls o~ kno~le vkich qe~'bf7 you to serve oa dm board (1)le-e Jturh i leer -~iEOEIVED jAN t6 2002 C C! JOE GILLIE Joe G~llie has been in the arts in Palm Beach County for 26 years. During that time he has worked as a performer at the Royal Palm Dinner Theatre and as a performer, scenic mtist and the Pub!:¢ Relations Director at the State Theater of Florida, The Caldw¢ll Theatre Company. Joe organized the Caldwell Cabaret, which had a successful run for eight years at the Sheraton of Boca Raton, as well as traveling for the Palm Beach County Tomist Development Council thro.ughout Caz~d~ promotin~ tourism to South l:Iorida. .. Joe t~u.~t Drama and Public Speaking at Lynn Uni~versity in Boca Raton, Florida for six years; and taugh', commercial television for Powers Models in Fort Lnderdale for t~o years. Joe has also ;,,'o~ keri with high school students and as a festival judge for the regional and state drama con.T.~tmens, and served 4 years ns a voter for the prestigious Cmbonell awards given by the South Florida Critics Association. Joe is also sm nward-winn~g artist in ·cryhc medium. ~c,¢' :ook ove~ as Director of Old School Square CulBn~ Arts Center in Delray Beach nine years :i~_~.~. i-]: :vas responsible for overseeing the restoration of the Crest Theatre, the subsequent ,"F-'::. :i- and prograrnmln~ of thc facility, i~cenfly named Executive Director, he is suc~s~ful in ,r, ic: £ac5~.~ ~ ith locaJ governme~! nad community agencies ns p~rt ofthe ongoin~ Delray Beach ren,',.issa~:te. As part of tbs! team, Florida Trend Magazine voted Delray Beach the Best Run ClI.x' i~ tb.~- Slale of Florida. loe is the recipient of the 2001 Ken Ellingsworth Awazd for communiiy involvement given by the Chamber of Commerce. Joe is teaponsibl¢ for the overall operat:en.~ of Old School Square, including all programs, education proje~s, grant writing. 6er-. 'ol.~c,.er,~ future co'nstmc~ion and renovations. To d~te the project has completed 7 million doli.:. ~ of restoration to the 1913 elementary and 1925 high schools. An additioiml ! 4 million ~cd~. s x~ :-s recently raised to complete a new 2,000-~eat band shell on the historic site opening Fe~',.-.:a~',' 2,~;2. He serves on the Board of Directors for the Delray Merchan! and Business Assoctatiol~. He has also served on Delray Beach Parking Management Team. He is also an advisor ~o Team Delray and Delrny Youth Council. Joe served as co-chair of the Delray Beach ·. :~.. :~..su~ Committee and currently sen, es on the West Atlantic Avenue Redevelopmen! · .-'.,J: .~;.,~.' Board. Joe conceh,ed, designed, and staged the presentation that wol~ the All .-.- .... ~ar C~;y designation for the City of Delray Beach in 1993 m~d ·gain in 2001, the only cib' ;...-.. ~' - ~:a,e of Florida to win the p~stigious award twice. He recently received a scholarship from the Ge~, Fotmdation to nltend · National Leadership Forum in Wmhington, DC, where the International City/C'otmty Management Asm:miation named Old School Square one of the top !.~ee projects in the United State~ for iI~ing the arts lo affect · positive chazlge ill the oommunity. Regionally. Zoc is past cdudnnan ofthe Cultural Executive Committee for the Palm Beach Co,.tr. ty Cultural Council. StatewJde, Joe is an active member of the Florida Trust for Historic Prese,watio~ and consults with many new historic M'eservation projects m'onnd the state. He has also se~ed on the state multidisciplinary and Historic Museum Grants panels. coming tO South Florida, Joe performed exteusively throughout It~e United States in the l:lrs: national tmu of"Thc Best Little Whorchouse in Texas" with Alexis Smith. He also performed in major regional and repertory theatre companies throughout the United States. 1976. l-]e was invaded Averett's Outstanding Achievement Award for 2001. {=lc e.a/'ned an Theater from Portland State University iq Portia... 0r~on. where he was named ~ . _ "Omstrmding University Scholar" in lg84.-~' "- -'- " ....... :J-'":- ~-' - ~''~- ~"' . MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~0~REGULAR MEETING OF FEBRUARY 19, 2002 BOCA RATON AIRPORT AUTHORITY FEBRUARY 15, 2002 This item is before the Commission for a discussion regarding a bill to be entitled An Act relating to the Boca Raton Airport Authority; mending Chapter 82-259, Laws of Florida, by adding Section 13 to provide for the establishment of a noise, traffic pattern and safety committee, prodding for membership, terms of office, officers, quorum, meetings, removal, filling of vacancies, powers and duties, appeals and other related matters. S:\C:ty Clerk\chevelle folder\agenda memos\Aaport.02 19,02 A bill to be entitled to An Act relating to the Boca Raton Airport Authority; amending Chapter 82-259, Laws of Florida, by adding Section 13 to provide for the establishment of a noise, traffic pattern and safety committee, providing for membership, terms of office, officers, quorum, meetings, removal, filling of vacancies, powers, and duties, appeals and other related matters; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Chapter 82-259, Laws of Florida is amended by enacting a new section to read: Section 13. Noise, Traffic Patterns, Safety Committee. (1) Memberships. The Noise, Traffic Pattern and Safety Committee shall consist of five members. The City of Boca Raton, the City of Delray Beach, the Town of Highland Beach, the C~ty of Deerfield Beach and the Palm Beach County shall each appoint one member who must reside within the boundaries of the appointing entity to comprise the Noise, Traffic Pattern and Safety Committee (NTSC). (.2) Terms. The NTSC committee member's term shall commence June 1, 2002 and expire on June 1st in the year of the exptraUon of the term. The imfial appointments made by the City of Boca Raton, the Town of Highland Beach and the City of Delray Beach shall be for two (2) years and the initial appointments of the C~ty of Deerfield Beach and Palm Beach County shall be for one (1) year. Thereafter, the terms for all NTSC members shall be for two (.2) years. (3) Officers. A chairman, vice chairman, and secretary shall be chosen by the NTSC members. The term of office for the chairman, and secretary shall be one (1) year and no member shall hold the same office for more than two (.2) consecutive years. (4) Quorum. A quonma shall consist of three (3) members but the affirmauve vote of not less than three (3) members shall be necessary to take any action but to adjourn meetings. The NTSC shall meet at least once each quarter at times and places to be determined by the NFSC membersbap. In addition, there shall be an annual meeting held jointly with the membershsp of the authority. (5) Removal. Any NTSC member may be removed by the commission or council which appointed that member for any just cause. The unexcused failure to attend three (3) consecutive regular meetings of the NTSC shall be deemed lust cause xvithout limiting the meaning of that term. (6) Vacancies. Vacancies shall be filled by the appropriate appointing enuty for the balance of the term. (7) Powers and Duties. The NTSC shall have jurisdiction over noise, traffic patterns and/or safety, issues. The Authority shall have concurrent jurisdiction. The Authority shall not take any final action on noise, traffic patterns and/or safety issues unless approved m advance by the NTSC. The NTSC may not take any final action on noxse, traffic patterns and/or safety issues without approval of the Authority. Any rules promulgated that relate to safety, noise or noise abatement and traffic patterns, notwithstanding Secuon 5, Paragraph (7) of Chapter 82-259 of the Laws of Florida, shall not be effective unul approved by the NTSC and the Authority.. (8) Appeals. (a) If the Authority and the NTSC cannot agree on any matter, either party may appeal the matter before an Appellate Panel. (b) The Appellate Panel shall be comprised of seven (7) members. The Municipalities, the Authority and Palm Beach County shall each select one member for the Appellate Panel. Each entity, shall nominate one addiuonal person for the 7~ seat. The 7th member shall be chosen at random by a drawing held in public from nominations subrmtted by each entity. (c) The Appellate Panel shall be selected within 7 days after an appeal has been brought in writing by either the NTSC or the Authority, as may be authorized by a majority, of the members on the Respective boards. A chairperson shall be selected by the Appellate Panel prior to the hearing. (d) The appeal shall be heard within thirty (30) days of the Selection of the Appellate Panel. (e) The Appellate Panel's decision is reviewable in Circuit Court by the filing of a writ of certiorari within thirty (30) days of the Appellate Panel's decision. The appellate procedure shall be as follows: 1. Opening statements by NTSC and the Authority, if desired by the parties. 2. Presentation of evidence with the appellant to proceed first, the appellee second, and with rebuttal by appellant, if desired by the pames. 3. Closing argument by appellant and then by appellee, if desired. 4. Any part of the evidence may be received m written form. All testimony shall be given under oath. Hearsay may be used to explain or supplement other evidence but is not sufficient in itself to support a finding 5. Unless it would be admissible over objection in civil actions. The Appellate Panel Chairman shall have the power to swear in witnesses and to ~ssue subpoenas upon request of either party. 6. Parttes are allowed to cross examine each other's witnesses. 7. Ten (10) days prior to the hearing each party must be present to the other its witness, expert witness and exhibit lists. 8. The Appellate Panel may hire counsel which shall be paid by the Authority from a fund budgeted each year for said purpose. 9. Decisions of the Appellate Panel shall be writing and shall be supported by substantial competent evidence. 10. The hearing shall afford due process. The NTSC and the Authority may pass additional rules to Supplement the appellate procedure. 11. All decisions of the Appellate Panel, except adjournment, shall be made upon the affm'nauve vote of 4 members. Section 2. This Act shall take effect upon becoming law. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~t4 AGENDA ITEM - REGULAR MEETING OF FEBRUARY 19, 2002 ORDINANCE NO. 4-02 (CHAPTER 53, "SANITARY SEWERS") FEBRUARY 15, 2002 This is second reading and public heating for Ordinance No. 4-02 which amends Chapter 53, "Sanitary Sewers", of the City's Code of Ordinances as a requirement of the Florida State Department of Environmental Protection (DEP) to bring our code relating to Industrial Pretreatment and regulated sewage discharges into compliance with current requirements of Chapter 62-625, F.A.C. The majority of the proposed revisions conform to language provided in a model ordinance published by the United States Environmental Protection Agency (USEPA. The amendment also addresses the City's Land Development Regulations entitled "Sewer System", (pages 6119 through 6121). With the exception o f the first paragraph of Section 6.1.11 (A), the entire section is a restatement of various sections of Chapter 53 of the Code of Ordinances, in some cases verbatim. We handled similar overlapping issues in this manner last year during revisions of Chapter 52, "Water". The amendment to the Land Development Regulations was brought before the Planning & Zoning Board on January 28, 2002 and was approved by a vote of 7-0. On February 5t~, the City Commission passed Ordinance No. 4-02 unanimously. Recommend approval of Ordinance No. 4-02 on second and final reading. Ref:Agmemo21.Ord-0ZChapter 53. Samtaty Sewers.0Z19.02 [lTV OF DELRrI¥ BERTH RECEIVED JAN 2 9 2002 CITY MANAGER CITY ATTORNEY'S OFFICE ? 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 Writer's Direct L~ne 561/243-7091 MEMORANDUM DATE: January 29, 2002 TO: David Harden~,ty~r FROM: Brian Shutt, Assistant City Attorney SUBJECT: Revisions to Chapter 53 Attached please find the proposed memos to the City Commission as well as the latest draft of the ordinance. I have added several sections to the proposed ordinance as a result of some of the changes that were made to the definitions. Please call if you have any questions. cc: Susan Ruby, City Attorney CITY JIF DELRrlY BErlCH 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 1993 DATE: TO: FROM: MEMORANDUM January 29, 2002 City Commission Brian Shutt, Assistant City Attorney SUBJECT: Revision of Chapter 53, Sanitary Sewers The proposed changes to Chapter 53, Sanitary Sewers, are necessary in order to comply with the requirements of the Department of Environmental Protection regarding industrial pretreatment and sewage discharges. The changes are further explained in the attached memo from Richard Hasko. The amendment to the Land Development Regulations was brought before the Planning & Zoning Board on January 28, 2002 and was approved by a vote of 7-0. By copy of this memo to David Harden, please place this item on the February 5, 2002 City Commission agenda. Please call if you have any questions. CC: David Harden, City Manager Barbara Garito, City Clerk Richard Hasko, Director of Environmental Services City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: www delrayesd com Brian Shutt, Assistant City Attorney t~ ~ Richard C. Hasko, P.E., Environmental Services Director CODE REVISIONS, CHAPTER 53, SANITARY SEWERS January 29, 2002 Revisions to Chapter 53, Sanitary Sewers, of the City's Code of Ordinances are being proposed as a requirement of the Florida State Department of Environmental Protection (DEP) to bring our codes relating to Industrial Pretreatment and regulated sewage discharges into compliance with current requirements of Chapter 62-625, F.A.C. The majority of the proposed revisions conform to language provided in a model ordinance published by the United States Environmental Protection Agency (USEPA) and with which DEP compares municipal ordinances for compliance with state law. Proposed changes also address the revision of local limits for various chemicals, metals and organic substances that are introduced into the sewer system, as well as recognizing National Categorical Limits which are enforceable under Federal Law. The current table of local limits is included in the proposed revision, therefore, periodic revisions to the local limits will require an ordinance change. While we anticipate a potential reevaluation of the local limits in the next several months, they should only be reviewed every five years thereafter. Although we have been aware of the need for these ordinance revisions since 1998, we have delayed the revisions until now while awaiting the establishment of the local limits for sewer discharges to our system. In addition to required revisions as stated above, the entire chapter has been reviewed to ensure all Industrial Pretreatment requirements are addressed in terms of current best management practices and are adequately enforceable under the City Ordinance. Sections outlining Oil and Grease Management Programs and outdoor carwashing requirements have been added for this purpose. Section 53.025, Cost of Making Connection, has been revised with regard to the limit of the City's responsibility for providing sewer connections. Finally, the Chapter has been reviewed for clarity and readability resulting in modifications to some terminology such as changing the acronym POTW (Publicly Owned Treatment Works) to simply read Treatment Works. Our current time flame for compliance with DEP requires the proposed revisions to be considered for first reading at the February 5th Regular meeting and, absent any objections, second and final reading at the February 19~ meeting. I have also taken this opportunity to compare the subject Ordinance with Section 6.1.11 of the City's Land Development Regulations entitled "Sewer System" (pages 6119 through 6121 of the LDRs). With the exception of the first paragraph of section 6.1.11 (A), the entire section is a restatement of various sections of Chapter 53; in some cases, verbatim. I would recommend that the board action for the Chapter 53 revisions include the deletion of the redundancies from the LDRs and adoption of Chapter 53 therein by reference. We handled similar overlapping issues in this manner last year during revisions to Chapter 52, Water Ordinance. Please contact me if you have any questions or comments in the subject regard. ORDINANCE NO. 4-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.001, "PURPOSE", TO PROVIDE A REFORMATED VERSION; BY AMENDING SECTION 53.002, "POLICY AND SCOPE", TO PROVIDE AN UPDATED POLICY; BY AMENDING SECTION 53.003, "APPLICATION OF CHAPTER", TO ADD A PROVISION ON THE ADMINISTRATION OF CHAPTER 53; BY AMENDING SECTION 53.004 "DEFINITIONS", TO READ "ABBREVIATIONS; DEFINITIONS", TO PROVIDE NECESSARY ABBREVIATIONS AND DEFINITIONS; BY AMENDING SECTION 53.005 "COMPLIANCE WITH PROVISIONS OR MORE STRINGENT REGULATIONS", TO CLARIFY THE REGULATIONS TO BE COMPLIED WITH; BY AMENDING SECTION 53.006 "DISPOSAL OF SEWAGE OTHER THAN THROUGH REGIONAL FACILITIES", BY CLARIFYING WHICH FACILITY; BY AMENDING SECTION 53.024 "CONNECTING PRIVATE SEWAGE DISPOSAL SYSTEM TO PUBLIC SEWER", TO PROVIDE FOR CONNECTION TO SEWAGE DISPOSAL SYSTEMS; BY AMENDING SECTION 53.025 "COST OF MAKING CONNECTION", TO CLARIFY WHO IS RESPONSIBLE FOR THE COST OF CONNECTING TO THE SEWER SYSTEM; BY AMENDING SECTION 53.050 "DISCHARGE OF STORMWATER AND OTHER UNPOLLUTED DRAINAGE", TO CLARIFY A DEFINED TERM; BY AMENDING SECTION 53.051 "PROHIBITED DISCHARGES TO SEWERS", TO PROVIDE FOR THE PROHIBTION OF CERTAIN DISCHARGES; BY REPEALING SECTION 53.052 "DISCHARGE OF CERTAIN WASTES RESTRICTED", AND ENACTING A NEW SECTION 53.052 "NATIONAL CATEGORICAL PRETREATMENT STANDARDS", TO PROVIDE FOR PRETREATMENT STANDARDS; BY AMENDING SECTION 53.053 "PRETREATMENT, EQUALIZATION OF WASTE FLOWS" TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.054 "INTERCEPTORS", TO CLARIFY THE USE OF INTERCEPTORS BY CERTAIN BUSINESSES; BY AMENDING SECTION 53.056 "ADMISSION OF INDUSTRIAL AND COMMERCIAL WASTE" TO CLARIFY DEFINED TERMS; BY ENACTING SECTION 53.057 "OIL AND GREASE MANAGEMENT AND SURCHARGE PROGRAMS", TO PROVIDE FOR THE IMPLEMENTATION OF THE OIL AND GREASE MANAGEMENT AND SURCHARGE PROGRAMS; BY AMENDING SECTION 53.060 "COMPLIANCE", TO CLARIFY A DEFINED TERM; BY AMENDING SECTION 53.063 "EXCESSIVE DISCHARGE/WATER METER REQUIREMENTS", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.064 "PREVENTION OF ACCIDENTAL DISCHARGES", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.065 "WRITTEN REPORT REQUIRED DESCRIBING CAUSE OF DISCHARGE", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.067 "NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTES", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.080 "COMPLIANCE DATE REPORT", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.081, "PERIODIC COMPLIANCE REPORTS", TO READ "REPORTING REQUIREMENTS", TO PROVIDE ADDITIONAL REPORTING REQUIREMENTS; BY AMENDING SECTION 53.082, "INSPECTION Ord. No. 4-02 AND SAMPLING", TO PROVIDE FOR ADMINISTRATIVE INSPECTION WARRANTS IN APPROPRIATE CASES; BY AMENDING SECTION 53.083, "INFORMATION AND DATA TO BE MADE AVAILABLE", TO PROVIDE ADDITIONAL INFORMATION REQUIREMENTS; BY ENACTING SECTION 53.084, "ANALYTICAL REQUIREMENTS", TO PROVIDE FOR POLLUTANT ANALYSES; BY ENACTING SECTION 53.085, "SAMPLE COLLECTION", TO PROVIDE SAMPLING TECHNIQUES FOR DISCHARGES; BY REPEALING SECTION 53.100, "SPECIAL PERMIT REQUIRED; TERM", AND ENACTING A NEW SECTION 53.100 "PERMIT REQUIREMENTS", TO PROVIDE FOR PERMIT REQUIREMENTS; BY REPEALING SECTION 53.101, "APPLICATION FOR PERMITS", AND ENACTING A NEW SECTION 53.101 "PERMIT APPLICATIONS", TO PROVIDE FOR ADDITIONAL INFORMATION FOR PERMIT APPLICATIONS; BY ENACTING SECTION 53.102, "PERMIT ADMINISTRATION", TO PROVIDE PROCEDURES APPLICABLE TO THE DISCHARGE PERMITS; AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", TO PROVIDE FOR A REVISED SEWER SURCHARGE LEVELS AND TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.140 "RIGHT TO ENTER PREMISES AND OBTAIN INFORMATION CONCERNING DISCHARGES", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.141 "SUSPENSION OF WASTEWATER TREATMENT SERVICE; NOTICE TO STOP DISCHARGE; FAILURE TO COMPLY", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.150, "NOTIFICATION OF VIOLATIONS", TO READ "NOTIFICATION OF VIOLATIONS; CONSENT ORDERS", TO PROVIDE FOR CONSENT ORDERS AS A REMEDY FOR NONCOMPLIANCE; BY AMENDING SECTION 53.152 "SHOW CAUSE HEARING", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.154 "RETENTION OF RECORDS REQUIRED" TO CLARIFY A DEFINED TERM; BY ENACTING SECTION 53.155, "AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATION" TO PROVIDE CERTAIN AFFIRMATIVE DEFENSES FOR A DISCHARGE VIOLATION; BY AMENDING SECTION 53.500 "ENFORCEMENT PLAN", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.999 "PENALTIES", TO CLARIFY A DEFINED TERM; AMENDING CHAPTER SIX "INFRASTRUCTURE AND PUBLIC PROPERTY", OF THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 6.1.11 "SEWER SYSTEM", TO PROVIDE REFERENCE TO CHAPTER 53 OF THE CODE OF ORDINANCES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, The City Commission has determined that it is in the public interest to prevent the introduction of pollutants into the City's publicly owned treatment works; and, WHEREAS, The Florida Department of Environmental Protection has requested changes to the City's sanitary sewer ordinance in order to assure continuing compliance with all relevant State and Federal laws; and, WHEREAS, the City Commission has determined that compliance with such a request is in the public interest. Ord. No. 4-02 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.001, "Purpose", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.001 PURPOSE. This ordinance sets forth uniform requirements for users of the Treatment Works for the City and enables the City to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403). The objectives of this ordinance are: (A) To prevent the introduction of pollutants into the Treatment Works that will interfere with its operation; (B) To prevent the introduction of pollutants into the Treatment Works that will pass through the Treatment Works, inadequately treated, into receiving waters or otherwise be incompatible with the Treatment Works; (C) To protect both Treatment Works personnel who may be affected by wastewater and sludge in the course of their employment and the general public; (D) Worksl To promote reuse and recycling of industrial wastewater and sludge from the Treatment (E) To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the Treatment Works; and Ord. No. 4-02 (F) To enable the City to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the Treatment Works is subject. Section 2. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.002, "Policy and Scope", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.002 POLICY AND SCOPE. The provisions of this chapter will be enforced to the fullest extent possible under the provisions of State and Federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403) and Florida Administrative Code Rules, 62-302,62-600, 62-604,62-610 and 62-625, F.A.C. [62-625.100 (1), F.A.C.] issued by the Florida Department of Environmental Protection (FDEP). Section 3. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.003, "Application of Chapter", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.003 APPLICATION OF CHAPTER. (A) The use of City wastewater facilities by any entity or local government shall subject that entity or local government to the application of this chapter. This shall include, but not be limited to, wholesale, retail, and large agreement users, whether inside or outside the City limits. (B) The regulations of this chapter shall apply to all users of the ~ Public Sewer or Sanitary Sewer of the City whether inside or outside the City:, including ~' : .......,~.~ ..... ; ........~ ..... ;.~ .¢ t~ n.~..~, o .... ,.. Furthermore, all local government users shall be required, within sixty (60) days after enactment of this chapter and notice thereof, to enact ordinances substantially similar to this chapter and to apply and enforce the same to all users of their public and sanitary sewer systems. (C) Except as otherwise provided herein, the Director shall administer, implement, and enforce the provisions of this Chapter. Any powers granted to or duties imposed upon the Director may be delegated by the Director to other City personnel. Ord. No. 4-02 Section 4. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.004, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.004 ABBREVIATIONS,.' DEFINITIONS. The following abbreviations shall have the designated meanings: (A) BOD - Biochemical Oxygen Demand CBOD - Carbonaceous Biochemical Oxygen Demand CFR - Code of Federal Regulations COD - Chemical Oxygen Demand EPA - U.S. Environmental Protection Agency md - Gallons per. day mg/l - Milligrams per liter NPDES -National Pollutant Discharge Elimination System RCRA - Resource Conservation and Recovery Act SIC - Standard Industrial Classification TSS - Total Suspended Solids U.S.C. - United States Code The following terms, or phrases, shall have the designated meanings: (1) "ACT" and "THE ACT". The Federal Water Pollution Control Act, also known as (1) (2) (3) (4) (5) (6) (7) (9) 01) (12) (B) the Clean Water Act of 1977, as amended, 33 U.S.C. 1251, et. seq. (2) "APPROVAL AUTHORITY". The Florida Protection. "AUTHORIZED Department of Environmental Ord. No. 4-02 (3) "AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER". (a) If the user is a corporation: 1. The president, secretary, treasurer, or a vice-president of the corporation and who is in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or proprietor, respectively. (b) If the user is a partnership or sole proprietorship: a general partner or (c). If the user is a Federal, State, or local government facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. (d) The individuals described in paragraphs (a) through (c) above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City. 4f~ "BOARD". The Board of Directors of the South Central Regional Wastewater Treatment and Disposal Board Facility. "B.O.D tn--*+;-- m...~.~,,..;.., ~ ...... r~ .... a~,, The quantity of oxygen utilized in the biochemical oxidation of organic matter ..,a~.. ~+,~,a,,~,~ ~,.~,,,~+ ......... ,~ .... ;, ~.,.~ rc~ ,~ .... ...... ~ ......... r ................ ~ ..... per ...... when nitrification is not i~ibited. (6) "BUILDING SEWER". Sewer conveying wastewater from the premises of a user to the collection system which transmits ~Wastewater to the P©TW Treatment Works. f.T} "CAPACITY CHARGE". The charges calculated to cover cost incurred to have the system available and in good operating condition without regard to use, which shall include, but not be limited to, costs of minimum personnel, capital outlay, debt service, insurance, transfers, reserve requirements, and debt service coverage. .P A ?]~PtlDIP A I ~T A ¥II A DIIC" (8) "CATEGORICAL PRETREATMENT STANDARD" or "CATEGORICAL STANDARD". Any regulation containing pollutant discharge limits promulgated by EPA in accordance Ord. No. 4-02 with Sections 307 (b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. L~ "CATEGORICAL USERS". Those commercial/industrial facilities which by 40 CFR 403 and subsequent amendments shall operate under a Wastewater Discharge Permit for discharges to the sSanitary sS_ewer. 10) ,,t-tr~,~sTr~sT ~vvr, e~a r~exss~Jr~ (COD)" A measurement of the oxygen equivalent of the organic matter content of a sample that is susceptible to oxidation by a strong chemical oxidant using procedures listed in 40 CFR 136. (11) "C.B.O.D." The quantity of oxygen utilized in the biochemical oxidation of organic matter when inhibiting the nitrogenous oxygen demand. (12) "COLLECTION SYSTEM". The system of public sewers to be operated by the City and connected to the ~ Treatment Works. (13) "COMMODITY CHARGE". The charges calculated to cover the costs which vary with +~'~ ~ .... ~ Ar ~ -,;~ .................. provided, the amount of water produced or sewage processed, which shall include, but not be limited to, costs of personnel to operate the system, electricity, repairs and maintenance, and operating supplies. (14) "COMPATIBLE POLLUTANT". A substance amenable to treatment in the wastewater treatment plant such as biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the pnblicly owned treatment works was designed to treat those pollutants, and in fact does remove the pollutant to a substantial degree. (15) "COMPOSITE SAMPLE". A series of samples taken over a specific 24-hour time period at intervals not to exceed fifteen (15) minutes in the waste stream which are combined into one sample. Flow proportional sampling is mandated unless circumstances do not permit it, then it shall be time proportional. Samples shall be taken during effluent discharge times only. (16) "COOLING WATER". The water discharged from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat. Ord. No. 4-02 (17) "CUSTOMER CHARGE". The charges calculated to cover the costs incurred in the billing system, which shall include, but not be limited to costs of meter reading, recording, data processing, billing and collecting. (18) "DIRECT DISCHARGE". The discharge of treated or untreated wastewater directly into the waters of the State. (19) "DIRECTOR". This refers to the individual in charge of the Department of Environmental Services for the City. (20) "DISCHARGE". Means to dispose, deposit, place, emit, unload, release or cause or allow to be disposed of, deposited, placed, emitted, unloaded, or released. (21) "DOMESTIC WASTEWATER". Wastewater derived principally from dwellings, commercial buildings, institutions, and industry r~sulgrrg-f~m comprised of household or toilet waste resulting from human occupancy. It may or may not contain ground water, surface water, or stormwater. (22.) "ENVIRONMENTAL PROTECTION AGENCY" or "EPA". The U.S. Environmental Protection Agency,_. o~ W.__~here appropriate the term may also be used as a designation for the Administrator or other duly authorized official of that agency. (23) "EXECUTIVE DIRECTOR". The administrative director or his or her authorized deputy, agent or representative of the South Central Regional Wastewater Treatment and Disposal Board. The Executive Director is the authorized administrative authority of the South Central Regional Wastewater Treatment and Disposal Board. (24) "EXISTING SOURCE". Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such a source if the standard is thereafter promulgated in accordance with section 307 of the Act. (25) "GARBAGE". The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods. (26) "GRAB SAMPLE". A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time. (27) "INDIRECT DISCHARGE". The....o,~....~a:o~u ...... ~,~ ,.,. ,-u~.~, introduction of mmdomeslio pollutants~,c ....... ,,....~l., into the Treatment Works fi.om any nondomestic source regulated under Section 307(b)~ (c) or (d) of the Act, faa ~, ¢ r~ ~a!7) ;~^ *~'~ ~c~wx~r r;.,~,,~;.,~ ~,~;.,~ ~,.~ ...... .~ ~;~,.~, .... a Ord. No. 4-02 (28) "INDUSTRIAL OR COMMERCIAL WASTE". The liquid wastes from industrial, commercial, or institutional processes as distinct from domestic or sanitary sewage. (29) "INDUSTRIAL AND COMMERCIAL WASTE DISCHARGE PERMIT". A permit issued to control the process flows from industry, commerce, or institutions that may be discharged into the sanitary sewer system. This permit is issued in addition to any other types of permits. When issued, the permit will define the characteristics and volume of the flow and acceptance or rejection of individual waste components and/or require high strength waste surcharges. (30) "INDUSTRIAL COST RECOVERY". Recovery by a federal grantee from the industrially classified users of a treatment works of the grant amount allocable to the treatment of wastes from those users. (31) "INDUSTRIALLY CLASSIFIED USER". An industrial or commercial user whose liquid wastes are, in part, made up of flows related to industrial processes, as distinct from an industrial or commercial user whose waste flows are primarily domestic or resulting from human occupancy. (32) "INDUSTRIAL USER". A source of indirect discharge and discharge of industrial ~-~d or commercial waste which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act, (33 U.S.C. 1342). (33) "INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT". The maximum concentration of a pollutant allowed to be discharged at any time, determined from analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event. (34) "INTERFERENCE". A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the Treatment Works, its treatment process or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the City's NPDES permit or the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or Local Regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. (35) "MEDICAL WASTE". Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. Ord. No. 4-02 (36) "MILLIGRAMS PER LITER (mg/l)". Milligrams per liter shall be considered equivalent to parts per million. (37) "MONITORING COSTS". Those costs incurred by the City in performing monitoring and/or sampling as prescribed by 40 CFR 403. (38) "NATIONAL CATEGORICAL PRETREATMENT STANDARD". Any federal regulation containing pollutant discharge limits promulgated by the EPA which applies to a specific category of industrial users. (3,9) "NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT" or "NPDES PERMIT". A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342). (40) "NATIONAL PROHIBITIVE DISCHARGE STANDARD" or "PROHIBITIVE DISCHARGE STANDARD". Any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5. (41) "NATURAL OUTLET". Any ditch, canal, stream, waterway, lake, river, pond, well, gully, or other water body. (42) "NEW SOURCE". (a) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (1) The building, structure, facility or installation is constructed at a site at which no other source is located; or (2) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (3) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. Co) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of 53.004(42)(a)1 or 2 above but otherwise alters, replaces, or adds to existing process or production equipment. Ord. No. 4-02 (c) Construction of a new source as defined under this paragraph has commenced if the owner or operator has: program: (1) Begun or caused to begin, as part of a continuous onsite construction equipment; or (a) any placement, assembly, or installation of facilities or (b) significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (c) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. (43) "NONCONTACT COOLING WATER". Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. stranded, or !_~.e.o~o ....... the magnitude or All'~+:on of ~y vie!at,ch and which :s' ,h~..~ result of a user's ................ ~h when tke (44) "PASS THROUGH". A discharge which exits the Treatment Works into waters of the United States in quantities or concentrations which, alone or in coniunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's NPDES permit, including an increase in the magnitude or duration of a violation. Ord. No. 4-02 (45) "POINT SOURCE". The initial point of discharge into the sanitary sewer system. (46) "POLLUTANT." Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g. pH, temperature, TSS, turbidity, color, BCD, COD, toxicity or odor). (47) "POLLUTION". The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. .......... .~ ~,./ ..... , ........... , .......~, .... proces~e~, or ~ ...... changes or by other means, except as (48) "PRETREATMENT". The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the Treatment Works. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. (49) "PRETREATMENT REQUIREMENTS". Any substantive or procedural requirement for treating of a waste prior to discharging or otherwise introducing the waste into the POTW Treatment Works. ,,~,De~D~ A ~'~' ST A ND A P. DS" (50) "PRETREATMENT STANDARDS" or "STANDARDS". Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits. (51) "PROHIBITED DISCHARGE STANDARDS" or "PROHIBITED DISCHARGES." Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 53.051 of this ordinance. (52) "PROPERLY SHREDDED GARBAGE". The wastes from the preparation, cooking, and dispensing of food that have been shredded to a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2-inch (1.27 centimeters) in any dimension. Ord. No. 4-02 (53). "PUBLICLY OWNED TREATMENT WORKS tot,,Txxr,~~ ..... ~ or TREATMENT WORKS". In this case, the regional treatment plant operated by the South Central Regional Wastewater Treatment and Disposal Board and the sewage collection/transmission sewe~ system owned and operated separately by the City ogOelmy-g~. (54) "PUBLIC SEWER". A se,,ve~ pipe or conduit in which all owners of abutting properties have equal rights, and which is controlled by public authority. (55) "REGIONAL TREATMENT FACILITIES". The South Central Regional Wastewater Treatment Plant transmission and disposal facilities as operated by the South Central Regional Wastewater Treatment and Disposal Board. (56) "REPLACEMENT". Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment process facilities to maintain the capacity and performance for which those facilities were designed and constructed. p! .... ~ dwellin its, ~. ~~* ~-~; ...... ~;~ ........... *; .... du exes, . ..... g un and the like, and ~ (57) "RESIDENTIAL DWELLING UNIT". One or more rooms connected together, constituting a separate, independent housekeeping establishment and physically separated from any other dwelling unit which may be in the same structure, and which contains independent sanitation, living, cooking and sleeping facilities. (58) "SANITARY SEWER". A sevo~ pipe or conduit which carries ~ sewage and to which storm, surface, and ground water are not intentionally admitted. (59) "SEPTIC TANK WASTE". Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. (60) "SEWAGE" or "WASTEWATER". A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be unintentionally present, which contributes to or is permitted to enter the Treatment Works. Ord. No. 4-02 (61) "SIGNIFICANT INDUSTRIAL USER". (a) A user subject to categorical pretreatment standards; or (b) A user that: 1. Discharges an average of twenty-five thousand (25,000) gallons per day (gpd) or more of process wastewater to the Treatment Works (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); 2. Contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the Treatment Plant; or 3. Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the Treatment Works operation or for violating any pretreatment standard or requirement. (c) Upon a finding that a user meeting the criteria in Subsection (b) of this definition has no reasonable potential for adversely affecting the Treatment Works operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user. (62) "SIGNIFICANT NON-COMPLIANCE". Means that violations of this ordinance by a user subject to pretreatment standards meet one or more of the following criteria: (4-_a) Chronic Violation: 66 % or more of all measurements taken for the same pollutant during a six month period exceeded (by any magnitude) the applicable daily maximum limit or the applicable average limit; (gb) Technical Review Criteria (TRC) Violation: 33% or more of all measurements taken for the same pollutant during a six month period equaled or exceeded the product of the daily average maximum limit or the average limit times the applicable TRC. For categorical pretreatment limitations the TRC equals 1.4 for B.O.D., T.S.S. and Oil and Grease; and 1.2 for all other pollutants except pH; Ord. No. 4-02 (gq:_) An effluent violation caused Interference or Pass Through or endangered the health of City personnel or the general public; (4~1_) A discharge that caused imminent endangerment to human health, welfare or to the environment and resulted in the City exercising its emergency authority under Section 53.136 of this ordinance; (~__) Failure to meet a compliance schedule milestone date within ninety (90) days or more atter the scheduled date; (6_f) Failure to submit a required report within thirty (30) days of its due date; (gg) Failure to accurately report non-compliance; or (8_h) Any other violation or group of violations which the Director determines may cause Interference or Pass Through or will adversely affect implementation of the City's pretreatment program. (63) "SIGNIFICANT VIOLATION". A violation that remains uncorrected forty-five (45) days after notification of non-compliance; which is part of a pattern of non-compliance over a twelve month period; which involves a failure to accurately report non-compliance; or which resulted in the P©TW Treatment Works exercising its emergency authority under Section 403.8(F)(1)(vi)(B) of the Act. (64) "SLUG LOAD" or "SLUG". Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Sections 53.051 and 53.052 of this Chapter. (65) "STANDARD INDUSTRIAL CLASSIFICATION (SIC)". Classification pursuant to the Standard Industrial Classification Manual issued by the executive office of the President, Office of Management and Budget, as amended. (66) "STORM DRAIN" or "STORM SEWER". A sea~ pipe or conduit that carries stormwater and surface water, street wash, and other wash waters or drainage, but excludes domestic wastewater and industrial and commercial waste. (67) "STORMWATER". Any flow occurring during or following any form of natural precipitation and resulting therefrom. Ord. No. 4-02 (68) "SURCHARGE". An extra charge levied to a user for treatment of compatible wastewaters that contain substances in excess of specified maximum allowable limits. (69) "SUSPENDED SOLIDS". Solids that are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering. (70) "TOXIC POLLUTANT". Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under Section 307(a) of the Act, or other Acts. (71) "USER". Any person who contributes, causes, or permits the contribution of wastewater into the P©TW Treatment Works. (72) "USER CHARGE" or "USER FEE". A charge levied on the users of the tTreatment wWorks for the cost of operation and maintenance of those facilities and other equitable and necessary charges. (73) "WASTEWATER TREATMENT PLANT" or "TREATMENT PLANT". Any ......... , ~c .3~.,; ..... .3 ~,~.~+ ......... ~ c^. ,.~+; ....... + ..... + ...... ~. ~,. ,~.~ m'¥m~ That potion of regional treatment facilities designed to provide treament to wastewaer which is operaed b~ the South Central Regional Wastewater Trea~ent ~d Disposal Board. (74) "WATERCOURSE". A channel in which a flow of water occurs, either continuously or intermittently. Section 5. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.005, "Compliance With Provisions or More Stringent Regulations", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.005 COMPLIANCE WITH PROVISIONS OR MORE STRINGENT REGULATIONS. Public sanitary sewers shall be as outlined in this chapter or as required by other regulations promulgated by the City or the P©TW Board under the authority of this chapter. Where the provisions of this chapter or such regulation conflict with the health ~ department requirements, the requirements Ord. No. 4-02 which are most stringent shall apply. Section 6. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.006, "Disposal of Sewage Other Than Through Regional Facilities", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.006 DISPOSAL OF SEWAGE OTHER THAN THROUGH REGIONAL FACILITIES. (A) The disposal of sanitary sewage by means other than use of the available regional treatment facilities shall be in accordance with city, county, state, and federal law. chapter. The disposal of sanitary sewage to the P©TW Treatment Works shall be as outlined in this Section 7. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.024, "Connecting Private Sewage Disposal System to Public Sewer", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.024 CONNECTING PRIVATE SEWAGE DISPOSAL SYSTEM TO PUBLIC SEWER. The owner, or tenant/occupant if authorized by the owner, of each lot or parcel of land within the City which abuts on or is within 200' of any street, utility easement or public way containing a sanitary sewer, which is served or which can be served by the sewage system and upon which lot or parcel a building has been constructed for residential, commercial, or industrial use shall connect the building with the sanitary_ sewer within 90 days after the sanitary sewer is available to that building for use, and shall cease the use of any septic tanks, cesspools and similar private sewage disposal facilities, which, shall be abandoned in accordance with health department standards. Section 8. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.025, "Cost of Making Connection", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.025 COST OF MAKING CONNECTION. The City will pay *~'..~ .... .,.,~.* .,.-*' .....~,...~,...~,*-'"*:--- provide one sewer t-ap service to each property for which connection to the City sewer system is required by_ this chapter.tke prope~y ~ Any additional sewer tap connections will be at the expense of the owner, subject to the approval of the City Engineer, on an actual cost basis, but which shall be not less than $250.00 each, paid to the City by the owner. On all properties where any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by that drain shall be lifted by approved artificial means and Ord. No. 4-02 discharged to the public sewer at no cost to the City. (Ord. No. 22-94, passed 5/3/94) Section 9. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.050, "Discharge of Stormwater and Other Unpolluted Drainage", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.050 DISCHARGE OF STORMWATER AND OTHER UNPOLLUTED DRAINAGE. (A) No person shall discharge or cause to be discharged any stormwater, uncontaminated cooling water or unpolluted industrial process waters to the sanitary sewer. (B) Stormwater and all other unpolluted drainage shall be discharged to storm sewers, or to a natural outlet approved by proper City or County official. Industrial cooling water or unpolluted process waters may be discharged on approval of the ~ Director to a storm sewer or natural outlet. Section 10. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.051, "Prohibited Discharges to Sewers", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.051 PROHIBITED DISCHARGES TO SEWERS. (A) General Prohibitions. No user shall introduce or cause to be introduced into the Treatment Works any pollutant or wastewater which causes Pass Through or Interference. These general prohibitions Ord. No. 4-02 apply to all users of the Treatment Works whether or not they are subject to categorical pretreatment standards or any other National, State, or local pretreatment standards or requirements. (B) Specific Prohibitions. These specific prohibitions exemplify but do not limit the general prohibitions found at Section 53.051(A) above. No user shall introduce or cause to be introduced into the Treatment Works the following pollutants, substances, or wastewater: (1) Pollutants which create a fire or explosive hazard, including but not limited to, waste streams with a closed-cup flashpoint of less than 140°F (60°C) using test methods specified in 40 CFR 261.21; (2) Wastewater having a pH less than 5.0, or greater than 9.5, or otherwise causing corrosive structural damage to the Treatment Works or equipment; (3) Solid or viscous substances in amounts which will cause obstruction of the flow in the Treatment Works resulting in interference, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups and milk containers; (4) Pollutants, including oxygen-demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause Interference; (5) Wastewater having a temperature greater than 150° (65°C), or which will inhibit biological activity in the Treatment Plant resulting in Interference, but in no case Wastewater which causes the temperature at the introduction into the Treatment Plant to exceed 104°F (40°C); (6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the Treatment Works in a quantity that may cause acute worker health and safety problems; (8) Industrial waste haulers may discharge loads only at locations designated by the City. No load may be discharged without prior consent of the City. The Director may require samples to be collected of each hauled load to ensure compliance with applicable standards. The Director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge; (9) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair; (10) Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the City's NPDES permit; Ord. No. 4-02 (11) Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Director; (12) Sludges, screenings, or other residues from pretreatment of industrial wastes; (13) discharge permit; Medical wastes, except as specifically authorized by the City in a wastewater (14) Wastewater causing, alone or in conjunction with other sources, the Treatment Plant's effluent to fail a toxicity test; (15) Detergents, surface-active agents, or other substances which may cause excessive foaming in the Treatment Works; (16) Fats, oils, or greases, whether emulsified or not, or wastewater containing fats, oils or greases, whether emulsified or not, in concentrations in excess of 100 mg/1 or substances which may solidify or become viscous at temperatures between 32°F and 150°F (0°C and 65°C), and provided further that the user complies with the requirements of the City's high strength sewer surcharge system. (C) The City is obligated to develop and enforce local limits necessary to implement and enforce the general and specific prohibitions (40 CFR 403.5). Such local limits may be imposed on industrial users directly through the sewer use ordinance, through industrial user permits, and through additional control mechanisms the City intends to use as part of its pretreatment program. (D) Local limits for the South Central Regional Wastewater Treatment and Disposal Board apply to the Sanitary Sewer and are hereby listed as follows: CITY OF DELRAY BEACH UTILITIES DISCHARGE LIMITS Parameter New Limit Metals Antimony 2.0 MG/L Arsenic 1.06 MG/L Cadmium 0.98 MG/L Chromium ............... Hexavalent 0.5 MG/L Chromium-Total 17.70 m,q/I Copper 16.39 m.q/I Iron 5 mq/I Lead 1.80 m,q/I Mercury 0.77 mq/I Molybdenum 1.48 m,q/I Nickel 0.95 m.q/I Selenium 1.72 m,q/I Ord. No. 4-02 Silver 2.96 mg/I Zinc 0.95 mq/I Inorclanics Ammonia Chloride (surchar.qe) Cyanide Cyanide Amenable to Chlorination Fluoride Ph 100 m,q/I 600 mq/I 5.61 mq/I 0.5 m,q/I 0.5 m,q/I 50 mq/I 5-5 - 9.5 Std Units Orflanics CBOD (surchar,qe) COD (surchar,qe) Oil and Grease 500 mg/I 1000 m,q/I 250 m,q/I Petroleum Hydrocarbons Phenol 25 m.q/I 5.0 m.q/I Phenolic Compounds, Total Total Toxic Or,qanics TSS (surcharqe) Particle Size 5.0 mg/I No I >1.0 m,q/I 500 m,q/I <112" Radioactive Elements Are Prohibited Section 11. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.052, "Discharge of Certain Wastes Restricted", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by repealing Section 53.052 and enacting Section 53.052 "National Categorical Pretreatment Standards" to read as follows: Ord. No. 4-02 ........... ~ .... per .....v,~r,,.., c~.ccpt when ~t .............. d. Antimony Cadm:.',am Ct',:om:mm Mercury Nickel 2.0 0.5 0.5 0.9 0.01 0.70 1.0 Ammonia Cyanide ~menab!e to ch!z~nat:.zn Fluoride pH 50 Ord. No. 4-02 Oil and Grea:e 22O 25 5.0 0.5 500.0* ! ,000.0' Total Suspended Solids 175 500.0* ~- "'an ~ fa ................. a ............ ., ....... m .....r ............. a ca e ~tate Ord. No. 4-02 Section 53.052 NATIONAL CATEGORICAL PRETREATMENT STANDARDS; (A) The categorical pretreatment standards found at 40 CFR Chapter 1, Subchapter N, Parts 405- 471 are hereby incorporated. (1) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6 (C) and Florida Administrative Code 62-625-410(4). (2) When wastewater subiect to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Director shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6 (E) and Florida Administrative Code 62-625-410(6). (3) A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13 and Florida Administrative Code 62-625-700, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard. (B) Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Director may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. Section 12. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.053, "Pretreatment, Equalization of Waste Flows", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.053 PRETREATMENT~ EQUALIZATION OF WASTE FLOWS. Ord. No. 4-02 (A) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 53.05gl, and which, in the judgment of the ~ Director, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the ldtitities Director may: (1) Reject the wastes; (2) Require pretreatment to an acceptable condition for discharge to the public sewers; (3) Require control over the quantities and rates of discharge; or (4) Require payment to cover the added cost of handling and treating the wastes not covered by existing fees or sewer charges as contained in the City's high strength sewer surcharge. (B) If the P©TW Board and the City permits the pretreatment or equalization of waste flows, the plans for the design and installation of the equipment shall be subject to the review and approval of the P©TW Board and the City and subject to the requirements of applicable codes, ordinances, laws, and compliance schedules as established by the City. In addition, any major contributing industry as defined by 40 CFR 403 shall comply with 40 CFR 403.12 and any other regulation as shall from time to time be established by the EPA or other appropriate regulating governmental agency. Section 13. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.054, "Interceptors", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.054 INTERCEPTORS. (A) Grease, oil, hair, lint and sand interceptors are to be provided when, in the judgment of the [/6ti6es Director, they are necessary for the proper handling of liquid wastes containing grease or any other restricted substance in excessive amounts or any flammable wastes, sand, or other harmful ingredients; except that those interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the City and shall be so located as to be readily and easily accessible for cleaning and inspection. (B) All new and existing businesses or industries that wash cars will be required to install and maintain an oil/water separator in the sewer service discharge. For outdoor car washing, the wash pad must be sheltered so Stormwater will not be discharged to the sanitary sewer system. Complete containment of all car wash areas using curbing or mountable traffic bumps is required to prevent runoff of wash discharge to storm drainage facilities. All new and existing businesses or industries that use petroleum base products in day to day activities will be required to install an oil/water separator in the sewer service discharge if floor drains connect to the Sanitary Sewer. No domestic effluent shall be allowed to discharge through the oil/water separator as stated in the plumbing code section of the Florida Building Code. Ord. No. 4-02 Section 14. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.056, "Admission of Industrial and Commercial Waste", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.056 ADMISSION OF INDUSTRIAL AND COMMERCIAL WASTE. All users of the sanitary sewers shall recognize and comply with the following: (A) The economy and desirability of the combined treatment of industrial and commercial wastes and sanitary sewage is recognized. However, not all types and quantities of industrial and commercial wastes can be so treated. It shall be the City's policy to admit the types and quantities of industrial and commercial wastes that are not harmful or damaging to the structures, processes or operation of the sewage works or are not specifically prohibited. In all cases, a special permit will be issued which will state specific conditions and requirements to be maintained. It is also recognized that to provide this service, additional facilities or treatment are required. The cost of which must be borne by the user receiving the benefits. (B) (1) Approval in advance by the City is required for the anticipated admission into the public sewers of industrial or commercial wastes ha,,4ng~ where the local limits will be exceeded for the following: C.B.O.D. C.O.D. Suspended Solids Ammonia Nitrogen Oil/Grease Content Total Toxic Organic Content (2) The user shall provide chemical analyses of the discharge according to a schedule to be established by the P©TW City and continued discharge shall be subject to approval of the City. (C) Samples shall be collected so as to be a representative sample of the actual quality of the wastes. Samples for analysis may be collected by the user or his representative. Analysis shall be made by a registered sanitary engineer or graduate chemist whose qualifications are acceptable to the City or a Ord. No. 4-02 wastewater treatment plant operator licensed and registered in the state, or a water testing laboratory certified by the state, using the laboratory methods for the examination of wastewater as set forth in 40 CFR 136. (D) When required by the ~ Director, any establishment discharging industrial or commercial wastes into the sewer system shall construct and maintain at its sole expense a suitable control manhole or other suitable control station downstream from any treatment, storage, or other approved works to facilitate observation, measurement and sampling of all wastes including all domestic sewage from the establishment. The location and methods of construction of the control station shall be approved by the ~ Director. The control station shall be maintained by the establishment so as to be safe and accessible at all times. If any establishment wishes to meter its waste discharge into the sewer system to verify in-product water retention or other uses of metered flow, they may, at their sole expense, install a flow-metering device as approved by the IgtitiOes Director. The control station shall be accessible to City personnel at all times for sampling. When required, construction of those facilities shall be completed within ninety (90) days following written notification by the City. Section 15. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.057, "Oil and Grease Management and Surcharge Programs", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby enacted to read as follows: Section 53.057 OIL AND GREASE MANAGEMENT AND SURCHARGE PROGRAMS. (A) Purpose and Intent The purpose of this section is to provide for the implementation of the Oil & Grease Management Program and the Surcharge Program. The objective of the Oil & Grease Management Program is to minimize the introduction of fat-soluble wastes to the collection system. The objective of the Surcharge Program is to recover the costs from users for receiving and treating abnormally high strength compatible wastes, such as CBOD and TSS. (B) Oil & Grease Prevention Program (1) The discharge by a user to the Public Sewer of certain liquids or wastes is prohibited unless authorized under the provisions of this section. (2) Wastes, which contain oil and grease, may be discharged to the Public Sewer in accordance with the conditions set forth in this section. (3) Wastes containing oil and grease, including materials processed through garbage grinders, shall be directed to a grease interceptor or trap. (4) Wastes containing residual (trace amounts) petroleum based oil and grease shall be directed to an oil/water separator. (5) Sanitary_ facilities and other similar fixtures shall not be connected or discharged to an oil and grease interceptor or an oil/water separator. Ord. No. 4-02 (6) Liquid wastes shall be discharged to an oil and grease interceptor or oil/water separator through the inlet pipe only and in accordance with the design/operating specifications of the device. (7) Oil and grease interceptors and oil/water separators shall be installed in a location that provides easy access at all times for inspections, cleaning and proper maintenance, including pumping. (8) Minimum removal efficiency for oil and grease interceptors for animal fats and vegetable oils shall be eighty (80%) percent. Minimum removal efficiency for oil/water separators for trace petroleum based wastes shall be ninety (90%) percent. (9) The Director may request that the non-residential user provides documentation on the design and performance of the oil and grease interceptor or oil/water separator, including but not limited to, catalog cuts, performance data, materials of construction, installation instructions and operation and maintenance manual. (10) The Director at his/her discretion may assign a non-residential user to the Surcharge Program if, in his opinion, discharges from the non-residential connection will have a negative impact on the Treatment Works. (C) Design (1) Oil and grease interceptors and oil/water separators shall be designed and constructed in accordance with this Section, the City's Engineering Standards Manual, latest edition, and other applicable State and local regulations. Design and construction shall be approved by the City. (2) The design of oil/water separators shall be based on peak flow and where applicable, capable of treating and removing emulsions. Oil/water separators shall be sized to allow efficient removal (retention) of the petroleum-based oils and grease from the user's discharge to the Public Sewer. (3) Alternative oil and grease removal devices or technologies shall be subject to written approval by the City and shall be based on demonstrated (proven) removal efficiencies. Under-the-sink oil and grease interceptors are prohibited for new facilities. (4) An adequate number of inspection and monitoring points, such as a control manhole or inspection box, shall be provided. (D) The capacity of the approved oil and grease interceptor and oil/water separator shall be in accordance with the requirements set forth in the latest edition of the Engineering Standards Manual. The Director may modify the requirements on a case by case basis. (E) Maintenance (1) Cleaning and maintenance shall be performed by the user. Cleaning shall include the complete removal of all contents, including floating materials, wastewater, and bottom sludge and solids. Ord. No. 4-02 (2) Decanting, back flushing or discharging of removed wastes back into the oil and grease interceptor of oil/water separator from which the waste was removed or any other oil and grease interceptor or oil/water separator, for the purpose of reducing the volume to be hauled and disposed is prohibited. (3) Oil and grease interceptors and oil/water separators shall be pumped out completely at a minimum frequency of once every ninety (90) days, or more frequently as needed to prevent carry over of oil and grease into the collection system. Under-the-sink oil and grease traps shall be cleaned at a minimum frequency of once per week, or more often as necessary to prevent pass through of grease and other food solids to the collection system. Cleaning and maintenance shall include removal of materials from the tank walls, baffles, cross pipes, inlets and outlets. (4) Pumping frequency shall be determined by the City based on flows, quantity of oil and grease in the discharge, volume of business, hours of operations and seasonal variations. However, in no event shall the time frame between the pumping of the oil/water interceptor or oil/water separator exceed 90 days. The user shall be responsible for maintaining the oil and grease interceptor or oil/water separator in a satisfactory condition for efficient operation. An interceptor shall be considered to be out of compliance if the grease layer on top exceeds six (6) inches and the solids layer on the bottom exceeds twelve (12) inches or if removal efficiencies as determined through sampling and analysis indicate less than eighty (80%) percent. (5) Wastes removed from each oil and grease interceptor or oil/waste separator shall be disposed of at a facility permitted to receive such wastes or a location designated by the City for such purposes, in accordance with the provisions of this section. In no way shall the pumpage be returned to any private or public portion of the collection system or the treatment plants, without prior written approval from the Director. (6) Additives placed into the oil and grease interceptor, (oil/water separator) or building discharge line on a constant, regular or scheduled basis shall be reported to the City in writing at least five (5) days prior to use. Such additives include, but are not limited to, emulsifiers, enzymes, commercially available bacteria or other additives designed to absorb, purge, consume, treat or otherwise eliminate grease and oils. Any use of additives shall be approved in writing by the Director prior to introduction into the waste stream, interceptor or separator. The use of additives, shall, in no way be considered as a substitution for the maintenance procedures required herein. (F) Facility information (1) A log of pumping activities shall be maintained by the user for the previous twelve (12) months. The log of pumping activities shall be posted in a conspicuous location for immediate access by City personnel. The log shall include the date, time, volume pumped, hauler's name and license number and hauler's signature. The user shall report pumping activities within forty-eight (48) hours to the City on the form so designated by the City for such purposes. (2) The user shall maintain a file on site of the records and other documents pertaining to the facility's oil and grease interceptor or oil/water separator. Required file contents shall include, as a Ord. No. 4-02 minimum, the record (as-built) drawings, record of inspections, log of pumping activities and receipts, log of maintenance activities, hauler information, disposal information and monitoring data. The file shall be available at all times for inspection and review by the Director. (G) Enforcement and Noncompliance (1) Noncompliance with the requirements of this section may result in enforcement action by the City including, but not limited to, termination of water service. (2) The user shall pay all outstanding fees, penalties and other utility charges prior to reinstatement of water and sewer service. (3) Any user in the oil and grease management program found in violation of the provisions in this section, and any orders, rules, regulations and permits that are issued pursuant to the Chapter, shall be served by the City with written notice by personal delivery or by registered or certified mail that states the nature of the violation and providing a reasonable time limit for satisfactory correction of the violation. The affected user shall permanently cease all violations within the time period specified in the notice. Section 16. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.060, "Compliance", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.060 COMPLIANCE. (A) Industrial users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations and as required by the City. Industrial users with integrated facilities shall comply with any altemative discharge limits as set by the City. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained solely at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review at the request of the City. The review of those plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to the City prior to the user's initiation of the changes. (B) All records relating to compliance with pretreatment standards shall be available to officials of the City, the P©TW Board, EPA, or FDEP upon request. Section 17. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.063, "Excessive Discharge/Water Meter Requirements", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.063 EXCESSIVE DISCHARGE/WATER METER REQUIREMENTS. Ord. No. 4-02 (A) All users are prohibited from increasing the use of process water or, in any way, attempting to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the national categorical pretreatment standards, alternative discharge limits, or in any other pollutant-specific limitation developed by the City or state. (B) All categorical and significant industrial users are required to possess their own individual water meter for purposes of monitoring the water consumption of that specific facility for any given time interval. At the discretion of the ~ Director or his/her designee, any industrial or commercial user may be required to have a separate water meter to monitor the water consumption of that specific facility for any given time interval. The size requirements for a water meter will be based on known water consumption or the average of three similar industries or will be determined by the l=Ifitifies Director arbitrarily in the absence of available data. All costs related to the installation of the water meter shall be borne by the user for which it was intended at the prevailing rate. Section 18. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.064, "Prevention of Accidental Discharges", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.064 PREVENTION OF ACCIDENTAL DISCHARGES. (A) Where determined by the l:/-titi6es Director, a user shall provide protection from accidental discharge of restricted and prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited and restricted materials shall be provided and maintained at the owner's expense. (B) Prevention of accidental discharges requires, but is not limited to, providing secondary containment for storage of potentially hazardous and/or regulated materials. The containment requirements are those now specified in, but not limited to, 40 CFR 264.170 through 176, (City of Delray Beach Code of Ordinances Wellfield Protection Ordinance 88-7 Section 5.01 through 5.04), Sections 96.40 through 96.47. Containment requirements must also meet or exceed the following criteria of this subchapter: (1) Containment Volume to be provided shall be 150% of the total stored material. (2) Total Above Ground Storage shall be less than 40,000 gallons. No one item larger than 6,000 gallons and no more than six (6) items at 6,000 gallons each are permitted at one site. (3) Storage Sheltering. All outdoor storage shall be sheltered from rainfall, or a suitable means of removing rainwater from secondary containment areas shall be provided. condition. permitted. (4) Conditions of the Stored Vessel. All stored containers shall be maintained in sound No rust, corrosion or other signs of deterioration of the primary containment wall shall be All stored containers shall be closed and sealed during storage. (5) Segregation of Chemically Reactive Contents. Materials which are potentially reactive with each other shall not be stored in the same containment area, unless physical barrier separations are provided within the common area. Ord. No. 4-02 (6) Stand-by Materials/Equipment. Absorbents and pumps for pumping out spills shall be available when needed. (7) Design of Containment Floor/Base. The floor or base of the containment area on which the stored vessels rest shall either be sloped or raised or provided with a drain faucet to prevent or minimize contact between the storage container wall and spilled content. (8) Materials of Construction for Containment. The walls, sidings and floor or base of the containment area shall be constructed of materials which are chemically inert with the stored materials and which render the provided containment volume leak proof. (C) On the request of the City, the user shall be required to submit detailed plans showing facilities and operating procedures to provide this protection. All required users shall complete this plan within ninety (90) days after notification by the City. If further required by the City, a user who commences contribution to the public sewers after the effective date of this chapter shall not be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City. Review and approval of those plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements. (D) In the case of an accidental discharge, it is the responsibility of the user to immediately notify by telephone the ~ Director, the Executive Director o:gth~dg~T3~, and the P©TW City. The notification shall include location of discharge, type of material, concentration and volume, and corrective actions. Section 19. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.065, "Written Report Required Describing Cause of Discharge", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.065 WRITTEN REPORT REQUIRED DESCRIBING CAUSE OF DISCHARGE. Within five (5) days following an accidental discharge, the user shall submit to th~lzO~l, Lamt the City a written report describing the cause of the discharge and the measures to be taken to prevent similar future occurrences. The notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the sanitary or storm sewer system, the P©TW Treatment Works, fish kills, or any other damage to person or property; nor shall the notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law. Section 20. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.067, "Notification of the Discharge of Hazardous Wastes", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.067 NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTES. (A) All industrial users shall also have provisions for notifying the Executive Director cf the Ord. No. 4-02 P©TW, the EPA Regional Waste Management Division Director, and the State hazardous waste authorities in writing of any discharge into the City sewer system of a substance which is a listed or characteristic waste under Section 3001 of RCRA or 40 CFR Part 261. Such notification must include a description of any such wastes discharged, specifying the volume and concentration of such wastes and the type of discharge (continuous, batch, or other), identifying the hazardous constituents contained in the listed wastes, and estimating the volume of hazardous wastes expected to be discharged during the following twelve months. This requirement shall not apply to pollutants already reported under the self-monitoring requirements. (B) Dischargers to the sanitary sewer system are exempt from notification requirements during a calendar month in which they generate no more than one hundred (100) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes which requires a one-time notification. Subsequent months during which the industrial user generates more than one hundred (100) kilograms of hazardous waste do not require additional notification, except for the acute hazardous wastes specified in 40 CFR 261.5(e), (f), (g) and (j). (C) In the case of new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the gtfitities Director of the discharge of such substance within ninety (90) days of the effective date of such regulations, except for the exemption in paragraph (B) of this section. (D) In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of wastes generated to the degree it has determined to be economically practicable and that it has selected the method of treatment, storage, or disposal currently available which minimizes the present and future threat to human health and the environment. Section21. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.080, "Compliance Date Report", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.080 COMPLIANCE DATE REPORT. Within thirty (30) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the public/sanitary sewer system, the user shall submit to the Idfghes Director, a monitoring report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by those pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards and requirements are being met on a consistent basis and, if not, what additional pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. All monitoring analytical results must be submitted to the City within 45 days of sample collection. This statement shall be signed by a registered professional engineer authorized to act on behalf of the user. Ord. No. 4-02 Section 22. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.081, "Periodic Compliance Reports", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.081 PEP2ODIC CO~{PLIANCE REPORTS REPORTING REQUIREMENTS. (A) Periodic Compliance Reports. Each significant industrial user or permittee, cr bo~, shall submit to the City during the months of May and November, unless required more frequently in the pretreatment standards or by the City, a report indicating the nature and concentration of pollutants in the effluent which are limited by those pretreatment standards or this chapter. In addition, this report shall include a record of daily water consumption which, during the reporting period, exceeded the average daily water consumption reported in the submission information. At the discretion of the City and in consideration of such factors as local high or Iow flow rates, holidays, budget cycles, and the like, the City may agree to alter the months during which the above reports are to be submitted. The user shall be responsible to quantify that fraction of daily water consumption designated for discharge to the sanitary sewer, if different from the total water consumption. (B) Reports of Changed Conditions. Each user must notify the City of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change. (1) The Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission under Section 53.101 (A). (2) The Director may issue a wastewater discharge permit under Section 53.102 of this ordinance or modify an existing wastewater discharge permit under Section 53.102 of this ordinance in response to changed conditions or anticipated changed conditions. (3) For purposes of this requirement, significant changes include, but are not limited to, flow 20% percent or greater, and the discharge of any previously unreported pollutants. (C) Reports of Potential Problems. (!) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomar¥ batch discharge, or a slug load, that may cause potential problems for the Treatment Works, the user shall immediately telephone and notify the City of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user. (2) Within five (5) days following such discharge, the user shall, unless waived in writing by the Director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the Treatment Works, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this ordinance. Ord. No. 4-02 (3) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in paragraph (1), above. User shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure. (D) Report from Unpermitted Users. (1) All users not required to obtain a wastewater discharge permit shall provide reports to the City timed to coincide with the facility pumping schedule and containing information as described in Section 53.057(F). (E) Timing. (1) Written reports shall be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. Section 23. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.082, "Inspection and Sampling", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.082 INSPECTION AND SAMPLING. (A) The City, through its employees, is authorized to inspect the facilities of any user to ascertain whether all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or its representative ready access at all times to all parts of the premises for the purposes of inspection, sampling, records examination, records copying, or in the performance of their duties. The City, P©TW Board, FDEP, and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring, or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the City, P©TW Board, FDEP and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. (B) Administrative Inspection Warrants. If the City has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the City may seek issuance of an inspection warrant pursuant to Sections 933.21-933.26, Florida Statutes, from the Palm Beach County Court. Section24. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.083, "Information and Data to be Made Available", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Ord. No. 4-02 Section 53.083 INFORMATION AND DATA TO BE MADE AVAILABLE. Information and data on a user obtained from reports, surveys, wastewater discharge permit application, wastewater discharge permits, and monitoring programs, and from City inspection and sampling activities, shall be available to the public without restrictions, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulge information, process, or methods of production entitled to protection as trade secrets under applicable State law. When requested by the user furnishing a report which has been demonstrated to the satisfaction of the Director to disclose trade secrets or secret processes, the report shall not be made available for inspection by the Public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be made available to the public without restriction. Section 25. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.084, "Analytical Requirements", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby enacted to read as follows: Section 53.084 ANALYTICAL REQUIREMENTS. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA. Section 26. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.085, "Sample Collection", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby enacted to read as follows: Section 53.085 SAMPLE COLLECTION. (A) Except as indicated in Subsection (B), below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is not feasible, the Director may authorize, in writing, the use of time proportional sampling or a minimum of four (4) samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. Ord. No. 4-02 (B) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. Section27. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.100, "Special Permit Required;Term", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed and Section 53.100 "Permit Requirements" is hereby enacted to read as follows: Section 53.100 PERMIT REQUIREMENTS. (A) Wastewater Analysis. When requested by the City, a user must submit information on the nature and characteristics of its wastewater within 60 days of the request. The Director is authorized to prepare a form for this purpose and may periodically require users to update this information. (B) Wastewater Discharge Permit Requirement. (1) No significant industrial user shall discharge wastewater into the Treatment Works without first obtaining a wastewater discharge permit from the City, except that a significant industrial user that has filed a timely application pursuant to Subsection (C) of this Section may continue to discharge for the time period specified therein. (2) The City may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this ordinance. (3) Any violation of the terms and conditions of a waste water discharge permit shall be deemed a violation of this ordinance and subjects the wastewater discharge permittee to the sanctions set out in Section 53.999 of this ordinance and the City's Enforcement Response Plan. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law. (C) Wastewater Discharge Permitting; Existing Connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the Treatment Works prior to the effective date of Ordinance No. 4-02 and who wishes to continue such discharges in the future, shall, within 30 days after said date, apply to the City for a wastewater discharge permit in accordance with Section 53.101 of this ordinance, and shall not cause or allow discharges to the Treatment Works to Ord. No. 4-02 continue after 30 days following the effective date of Ordinance 4-02 except in accordance with a wastewater discharge permit issued by the City. (D) Wastewater Discharge Permitting; New Connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the Treatment Works must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Section 53.101 of this ordinance, must be filed at least 30 days prior to the date upon which any discharge will begin or recommence. Section28. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.101, "Application for Permits", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed and Section 53.101 "Permit Applications" is hereby enacted to read as follows: OAA*:A-- 53.I~n! APPLICATION FOR .... g ..... [Ah Ord. No. 4-02 Section 53.101 PERMIT APPLICATION. (A) Contents of Application. All users required to obtain a wastewater discharge permit must submit a permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. The Director may require all users to submit as part of an application the following information: (1) All information required by Section 53.080 of this ordinance; (2) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be discharged to the Treatment Works; operation; (3) Number and type of employees, hours of operation, and proposed or actual hours of production; (4) Each product produced by type, amount, process or processes, and rate of (5) Type and amount of raw materials processed (average and maximum per day); (6) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge; (7) Time and duration of discharges; and (8) Any other information as may be deemed necessary by the Director to evaluate the wastewater discharge permit application. (B) Application Signatories and Certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons, who manage the system, information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." (C) Wastewater Discharge Permit Decisions. The City will evaluate the data furnished by the user and may require additional information. Within 30 days of receipt of a complete wastewater discharge Ord. No. 4-02 permit application, the City will determine whether or not to issue a wastewater discharge permit. The City may deny any application for a wastewater discharge permit if it is determined that the anticipated discharges from the facility will have a negative impact on the Treatment Works. Section29. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.102, "Permit Administration", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby enacted to read as follows: Section 53.102 PERMIT ADMINISTRATION. (A) Wastewater Discharge Permit Duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Director. Each wastewater discharge permit will indicate a specific date upon which it will expire. (B) Wastewater Discharge Permit Contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Director to prevent Pass Through or Interference, protect the quality of the water body receiving the treatment plant's effluent, and protect against damage to the Treatment Works. (1) Wastewater discharge permits must contain: (a) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years. (b) A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with Subsection (D) of this Section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit; (c) Effluent limits based on applicable pretreatment standards; (d) Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law; and (e) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law. conditions: (2) Wastewater discharge permits may contain, but need not be limited to, the following (a) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization; Ord. No. 4-02 (b) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works; (c) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non routine discharges; (d) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the Treatment Works; (e) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the Treatment Works; (f) facilities and equipment; Requirements for installation and maintenance of inspection and sampling (g) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and (h) Other conditions as deemed appropriate by the Director to ensure compliance with this Chapter, and State and Federal laws, rules, and regulations. (C) Wastewater Discharge Permit Modification. The Director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons: (1) requirements; To incorporate any new or revised Federal, State, or Local pretreatment standards or (2) To address significant alterations or additions to the user's operation, process, or wastewater volume or character since the time of wastewater discharge permit issuance; (3) A change in the Treatment Works that requires either a temporary or permanent reduction or elimination of the authorized discharge; (4) Information indicating that the permitted discharge poses a threat to the Treatment Works, City personnel, or the receiving waters; (5) Violation of any terms or conditions of the wastewater discharge permit; (6) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; (7) to 40 CFR 403.13; Revisions of or a grant of variance from categorical pretreatment standards pursuant Ord. No. 4-02 (8) To correct typographical or others errors in the wastewater discharge permit; or (9) To reflect a transfer of the facility ownership to a new owner or operator. (D) Wastewater Discharge Permit Transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 30 days advance notice to the City and the Director approves the wastewater discharge permit transfer. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. The notice to the City must include a written certification by the new owner or operator which: (1) States that the new owner or operator, or both, has no immediate intent to change the facility's operations and processes; (2) Identifies the specific dates on which the transfer is to occur; and (3) Acknowledges full responsibility for complying with the existing wastewater discharge permit. (E) Wastewater Discharge Permit Reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 53.101 of this Code, a minimum of 30 days prior to the expiration of the user's existing wastewater discharge permit. Section 30. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.130 USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE. (A) There is imposed upon the owners or upon the users of each retail and wholesale customer served by the sewer system, a monthly user charge for the use thereof as follows: (1) Sewer Rates. A charge for waste resulting from human occupancy which shall include all of the following factors for the operation of the collection system and treatment of wastewater by the regional wastewater facility: (a) (b) (c) (d) (e) Operation and maintenance Debt service Capital costs System expansion Others as applicable Consult Utility Billing for the prevailing rates expressed as $/1,000 gallons of water consumption. Ord. No. 4-02 (2) Sewer Surcharge. A surcharge for waste which exceeds parameters for strength established in this code may be assessed to applicable customers, pursuant to Section 53.130(G). (B) Connection Charges. (1) In addition to the rates set forth in Section 54.130(D), there is established a sewer connection charge for each connection to the City sewage collection system. The sewer connection charge shall be $1,084 for each separate residential unit or per Equivalent Residential Connection for non- residential units. A residential dwelling unit is defined in Section 53.004. (2) Connection charges by users of the City sewage system wholly outside the corporate limits of the City are fixed at sums equal to the rates shown in the above schedule in division (A) of this section, plus twenty-five percent (25%) of each respective classification. The connection charge shall be paid to the City at the time of obtaining a permit for a connection and shall be in addition to the permit fee. The size of the connection shall be determined by the Plumbing Inspector in accordance with Articles 7.6 and 7.7 of the Land Development Regulations. (C) There shall be a non-residential sewer connection charge which shall be based on $1,084 per Equivalent Residential Connection (E.R.C.). Equivalent Residential Connection shall be calculated as follows: Estimated Flow in Gallons Per Month E.R.C. Units --- 7,000 Where an estimated flow is not available, the following formula shall be used with reference to the Standard Plumbing Code adopted by reference in Article 7.6 of the Land Development Regulations. Total Fixture Units E.R.C. Units = 16 (D) system: The following rates and charges shall be collected from the users of the City sewerage (1) Residential dwelling units. A monthly sanitary sewer service charge is imposed upon each residential dwelling unit, as more specifically set forth hereinafter, to which sanitary sewage service is available through the facilities afforded by the municipally-owned sewerage sewage system, according to the following schedule: Residential (a) Customer charge (b) Capacity charge (per residential dwelling unit) 9.65 (c) Commodity charge (based on metered water with maximum of 12,000 gallons) City (per 1,000 gallons) 1.17 Inside City Outside City $ 1.61 $ 2.01 12.06 1.46 South Central Regional Ord. No. 4-02 Wastewater Treatment And Disposal Board (per 1,000 gallons) 0.70 0.88 NOTES: Where no water service is provided and the user is connected to the sanitary sewer system, there shall be a monthly customer charge of $5.00 per residential dwelling unit, and the commodity charge shall be based on the maximum of 12,000 gallons. This is in addition to the capacity charges as set forth above. Where no water service is provided and the user is not connected to the sanitary sewer system, and sewer service is available for connection, there shall be a monthly customer charge of $5.00 per residential unit and a capacity charge as set forth above. (2) Nonresidential/commercial units. A monthly sanitary sewer service charge is imposed upon each commercial and nonresidential unit to which sanitary sewage service is available through the facilities afforded by the municipally-owned sew6mage sewage system, according to the following schedule: Nonresidential/Commercial Inside City Outside City (a) Customer charge $ 1.61 $ 2.01 (b) Capacity charge (per meter) 3/4-inch meter $ 9.65 $12.06 1-inch meter 16.11 20.14 1-1/2 inch meter 32.11 40.14 2-inch meter 51.40 64.25 3-inch meter 112.52 140.65 4-inch meter 202.47 253.09 6-inch meter 449.98 562.48 8-inch meter 772.00 965.00 1 O-inch meter 1,222.37 1,527.96 (c) Commodity charge City (per 1,000 gallons) 1.17 1.46 South Central l~egional Wastewater Treatment and Disposal Board (per 1,000 gallons) 0.70 0.88 NOTE (1): For those nonresidential/commercial units where water service is not available, and the user is Ord. No. 4-02 connected to the sanitary sewer system or sewer service is available for connection, there shall be a monthly customer charge of $5.00 and a capacity charge as set forth above. The commodity charge shall be based on the average usage for the type of business or nonresidential use. NOTE (2): The customer charges and capacity charges as set forth in this section shall be due and payable each and every month, regardless of whether or not the water service is available or the water meter is actually turned on or off and without regard to usage or occupancy. (3)~,.,c ......... .,-----s,- Sewage flow determination. The number of gallons of monthly sewerage sewage flow for residential and nonresidential/commercial units shall be based upon the water usage for those units as indicated by a water meter, unless a customer installs at no cost to the City a separate meter to measure the actual s~vemge sewage flow from the subject unit. A separate meter may be used to measure actual sewerage sewage flow for the calculation of charges only when the location, installation, and type of meter have been approved by the City Manager or his/her designee. (4) When effective. The initial rates for charges shall be effective the first day of the month following the date when the system is constructed, certified for use by the consulting engineer, and accepted by the City. (E) No sewer service shall be furnished or rendered free of charge to any person whomsoever, and the City, county, state, and the United States of America, and every agency, department, and instrumentality thereof, except where the City Water and Sewer Fund is the user, which uses any sewer service from the sowemge sewage system, shall pay therefore at the rate fixed herein. (F) Wholesale Sewer Rates. (1) This section is applicable to those wholesale customers which maintain their own wastewater collection systems. They shall be charged a flat rate per 1,000 gallons, the quantity of which shall be determined by the metering of the wastewater discharge from each wholesale customer's individual wastewater collection system. (2) The metering device shall be satisfactory to the City and shall provide for a separate remote 30-day recording device which shall have a totalizer. Location of the metering device shall be at an accessible location as agreed upon by the parties involved and as further explained and stipulated in an agreement to be executed by both parties. (3) All costs incident to the furnishing, installation, initial calibration, and maintenance on a continuing basis of the meter, are and shall be, the wholesale customer's responsibility. The wholesale customer will provide to the City or its designated representative full details on the proposed meter installation and assurance that the installation will commence only upon the written authorization of the City. The City shall provide an authorization within ten (10) days after receipt by the City of the details of the above proposed meter installation. (4) The meter shall be read monthly by a duly authorized agent of the City, and the wholesale customer shall provide access to the meter for this purpose. In the event of suspected inaccuracy in meter readings, the City shall have the right to request that the meter be tested by an independent Ord. No. 4-02 organization in accordance with standard practices. If the meter shall be found inaccurate or defective, the cost of the meter test shall be borne by the wholesale customer. If the meter shall be found to be accurate and in good condition, the cost of the meter test shall be borne by the City. (5) In the event of extenuating circumstances, the Commission may, at its discretion, direct that sufficient proof other than the installation of a metering device may be acceptable to determine the quantity of wastewater discharge. (G) Calculation of Sewer Surcharge (1) Calculation of the sewer surcharge shall LOCAL LIMITS (ALLOWABLE STRENGTH ) REFERENCE WASTEWATER TREATMENT AND DISPOSAL BOARD. be in accordance with the following: AT SOUTH CENTRAL REGIONAL Percent of Parameter Effect on Costs BOD--5- 41 TSS 15 Ammonia 41 COD 41 Oil/Grease 41 Allowable Level of Sewage Strength 220 500 mg/l (ppm) 175 500 mg/1 (ppm) 50 100 rog/1 (ppm) 440- 1000 mg/l (ppm) I00 250 mg/1 (ppm) Let: Where: F= Fl= F2= F3= F4= F=F1 + F2 + F3 +F4 The factor to multiply the sewer rate for a surcharge due to excess strengths The strength factor for BOD--5 or COD, whichever is higher. The strength factor for TSS (total suspended solids) The strength factor for ammonia (total ammonia) The strength factor for oil/grease. (2) The surcharge will be added to the sewer rate commodity charge to develop the monthly cost per customer. As an example of sewer charge calculations utilizing sewer r-ate commodity charge and the strength surcharge formula, assume the following with respect to Ajax Manufacturing Company: total monthly flow of 100,000 gallons; C.O.D. of 475 1~200 mg/1; B.O.D.--5 of 599 II000 mg/l; total suspended solids of 999 2~000 mg/l; ammonia at ! 99 2.0.,0 mg/1; oil/grease at 290 500 mg/1; prevailing monthly sewer rate commodity charge is $-t-.7-9 1.97 per 1,000 gallons: (a) Sewer Ra~ Commodity Charge: $! .79 1.97/1,000 gallons (100,000 gallons per month) = $-1-79 197/month (b) Sewer Surcharge Calculation: F1 = 0.41 (500 220) - 0.52 0.41 (1~200 - 500) = 0.57 500 Ord. No. 4-02 F2=n~c(999 175)- n 175 0.15 (2,000 - 500) = 0.45 500 F3=941 ~"~nn cn'~ - 0.41 0.41 (200- 100) = 0.41 100 0.41 (500- 250) = 0.41 250 F = 0.57 + 0.45 + 0.41 + 0.41 = 1.84 (c) Total Monthly Charge (Sewer Rate Commodity Charge plus Surcharge): $ ! 79 197/month + $ ! 79 197/month (-&96) (1.84) = ~ $559.48 (H) All statements for sewer service shall be submitted monthly on the same statement as the charges for water service and shall be due and payable at the same time as the statement for water service. However, the charge for sewer service shall be made a separate item on the statement. Initial and final billing shall be prorated based on service dates. Nonpayment of these charges shall render the user subject to the provisions of Section 52.51 provided for nonpayment of water bills as now or hereafter established by the ordinances of this City. The owner of the property being serviced by City sewer shall be responsible for all charges against that property for sewer use, unless otherwise prohibited by law. Charges for delinquent accounts shall include collection costs and reasonable attorney fees. Section31. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.140, "Right to Enter Premises and Obtain Information Concerning Discharges", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.140 RIGHT TO ENTER PREMISES AND OBTAIN INFORMATION CONCERNING DISCHARGES. (A) To the extent permitted by general law, the proper official and other duly authorized employees of the City or the P©TW Board bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. The official or his representatives will not inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. (B) To the extent permitted by general law, the proper official and other duly authorized employees of the City or the P©TW Board bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within that easement. Ord. No. 4-02 Section32. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.141, "Suspension of Wastewater Treatment Service; Notice to Stop Discharge; Failure to Comply", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.141 SUSPENSION OF WASTEWATER TREATMENT SERVICE; NOTICE TO STOP DISCHARGE; FAILURE TO COMPLY. (A) The City may suspend the wastewater treatment service to any user, including other local governments, when the suspension is necessary, in the opinion of the [Ritiges-Director, in order to stop an actual or threatened violation which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, causes interference to the P©TW Treatment Works, causes the P©TW Treatment Works to violate any condition of its NPDES permit, or causes the City to be in violation of any of its agreements with the P©TW Board. (B) Any user notified of a suspension of the wastewater treatment service shall immediately stop or eliminate the contribution. In the event the user fails to voluntarily comply with the suspension order, the City shall take steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the City or Pl~-J0,~sgstems Treatment Works or endangerment to any individuals. The City may reinstate the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the City within fifteen (15) days from the date of occurrence. Section33. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.150, "Notification of Violations", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.150 NOTIFICATION OF VIOLATIONS; CONSENT ORDERS. (A) Notification of Violation. Whenever the City finds that any user has violated or is violating any of the provisions of this chapter, or any prohibition, limitation or requirement contained herein, or any regulation promulgated by the City pursuant to this chapter, the City may serve upon that user a written notice stating the nature of the violation. Within thirty (30) days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the notified user. (B) Consent Orders. The City may enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Section 53.152(D) of this ordinance and shall be iudicially enforceable. Section34. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.155, "Affirmative Defenses to Discharge Violation", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby enacted to read as follows: Ord. No. 4-02 Section 53.155 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATION. (A) Upset. For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (1) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements below are met. (2) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (a) An upset occurred and the user can identify the cause(s) of the upset; (b) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and (c) The user has submitted the following information to the City within twenty- four (24) hours of becoming aware of the upset. If this information is provided orally, a written submission must be provided within five (5) days: 1. A description of the indirect discharge and cause of noncompliance; 2. The period of noncompliance, including exact dates and time or, if not corrected, the anticipated time the noncompliance is expected to continue; and o recurrence of the noncompliance. Steps being taken and/or planned to reduce, eliminate, and prevent (d) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. (e) Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. The requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. (B) Bypass. For the purpose of this section, "Bypass" means the intentional diversion of waste streams from any portion of a user's treatment facility. "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. Ord. No. 4-02 (1) Bypass is expressly prohibited unless specifically authorized by conditions stated in this section. The City may take enforcement action against a user for a bypass, unless: property damage (a) Bypass was unavoidable to prevent loss of life, personal iniury, or severe (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering iudgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The user submitted notices as required under paragraph (B)(3) of this section. (2) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in paragraph (B)(1) of this section. (3) Requirements for bypass authorization: (a) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (1) and (2) of this section. (b) If a user knows in advance of the need for a bypass, it shall submit prior notice to the City, at least ten (10) days before the date of the bypass, if possible. (c) A user shall submit oral notice to the City of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The City may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours. Section35. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.152, "Show Cause Hearing", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.152 SHOW CAUSE HEARING. (A) Any user subject to enforcement action under the provisions of this chapter may request a hearing before the Director cf En;4rc, v~¢nta! Serv:.ces within ten (10) days of receipt of notification of proposed enforcement action. The imposition of a surcharge is not considered an enforcement action. A Ord. No. 4-02 hearing is to be held by the Director of En;4ronmenta! Ser,':.ces concerning the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Director of Environmental Eer,':.ces why the proposed enforcement action should not be taken. (B) The Director of En:'.:rcnmenta! Ser',Sces may conduct the hearing and take the evidence, or, at the Director's sole discretion, may designate any officer, City employee, or independent arbitrator to: (1) Issue in the name of the City notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in that hearing; hearing); (2) Take evidence and hear testimony (the strict rules of evidence shall not apply to any (3) Transmit a report of the evidence and hearing, including transcripts and other D~rector ........................... for action thereon. evidence, together with recommendation to the ' (C) At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded. A transcript of the hearing will be made available to any member of the public or any party to the heating upon payment of the usual charges. (D) After the Director cf En'::.rm~enW, l Serw.'ces has reviewed the evidence, he may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued by the City unless adequate treatment facilities, devices, or other related appurtenances shall have been installed on existing treatment facilities, and that those devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued. (E) The City shall also establish and assess against the user appropriate surcharges or fees to reimburse the City for the additional cost of operation and maintenance of the wastewater treatment works due to the violation of this chapter. (F) Any action by the Director cf En-Arc.:-~enta! Services may be appealed to the City Manager. Section36. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.154, "Retention of Records Required", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.154 RETENTION OF RECORDS REQUIRED. All users are required to retain and preserve for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereto, relating to monitoring, sampling, waste hauling and chemical analyses made by or on behalf of a user in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the P©TW Board or the City pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. Ord. No. 4-02 Section 37. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.500, "Enforcement Plan", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.500 ENFORCEMENT PLAN. An escalating enforcement strategy shall be used by the City to maintain compliance with this ordinance. The various types of enforcement action shall be used as determined by the Director of En-:irc, mr~enta! Services in consultation with the Code Enforcement Division or the City Attorney depending on the type or severity of the violation. A copy of the enforcement plan will be kept on file at the P©TW City. Section 38. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.999, "Penalties", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.999 PENALTIES. (A) Any user who is found to have violated an order of the City or who fails to comply with any provision of this chapter for which another penalty is not provided, and the orders, rules, and regulations issued hereunder, shall be penalized up to $1,000.00 per day for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover all reasonable attorney fees, court costs, court reporter fees, and other expenses of litigation by appropriate motions or suit at law against the user or person found to have violated this chapter or the orders, rules, regulations and permits issued hereunder. (B) Any person who shall continue any violation beyond the time limit provided for in Section 53.150 shall be guilty of a violation, and on conviction thereof, shall be penalized in the amount not exceeding $5,000.00 for each violation. Each day in which any violation shall continue shall be deemed a separate offense. (C) Within thirty (30) days of any and all violations, the user shall cause a sample of the discharge to be taken and laboratory analysis performed on said sample at their expense with the results to be provided to the Director cc r:~ · ..... , ~ ~-vlr ......... a. e~':~e" The Director ,,c r~,,,: ...... .~ e~,,;~ may require further sampling at such times as deemed appropriate. (D) Whoever violates Section 53.151 of this chapter shall, upon conviction, be punished by a fine of not more than $1,000.00 or by imprisonment for not more than sixty (60) days, or by both. Section 39. That Chapter Six, "Infrastructure and Public Property", Section 6.1.11, "Sewer System", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 6.1.11 Sewer System: Ord. No. 4-02 (A) Required: Sanitary sewers, properly connected with the City sewerage system shall be provided. In addition to mains, laterals shall be installed to each plotted lot and stubbed off at the property line for future connection.~Un-ere,, .. ...... ~ ....... ~,, oj ........................ ; .......... , (B) Incorporation by Reference: Chapter 53 of the Code of Ordinances of the City of Delray Beach, as it may be amended from time to time, is incorporated herein. Ord. No. 4-02 Ord. No. 4-02 fl\ ~., mn the ~+~ *c be uged: ....... *:~- p! ~ +~ · :~:~+:.. +~+:.. a~d ~.~,:.. +~ ~e'::~' . .............. x ........ ~, acing ~f Section 40. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 41. hereby repealed. That all ordinances or parts of ordinances in conflict herewith be and the same are Section 42. reading. That this ordinance shall become effective upon its passage on second and final PASSED AND ADOPTED in regular session on second and final reading on this the 2002. __day of ATTEST: City Clerk First Reading Second Reading. MAYOR Ord. No. 4-02 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM - REGULAR MEETING OF FEBRUARY 19, 2002 ORDINANCE NO. 5-02 (ALLOW EDUCATIONAL FACILITIES AS AN ACCESSORY USE IN THE OPEN SPACE AND RECREATION (OSR) ZONING DISTRICT) FEBRUARY 15, 2002 This is second reading and second public heating for Ordinance No. 5-02 which amends LDR Section 4.4.27(C), to add "educational facilities" as an accessory use in the OSR (Open Space and Recreation) zoning district The amendment will allow "educational facilities" as an accessory use to the principal uses 03)(1) Parks and 03)(2) Recreation Facilities, educational facilities would not be allowed as an accessory use to the other two principal uses in the OSR zoning district 03)0) Golf Courses and 03)(4) Cemeteries and Mausoleums due to safety concerns at golf courses and the inappropriate environment of a cemetery. All eligible properties with the exception of Lake Ida Park and Bucky Dent's Baseball School are City owned. Establishment of schools on City-owned property will be City operated, or must be approved through an agreement with City. This amendment will accommodate the existing charter school at Pompey Park as well as any potential school at the Catherine Strong Center. On March 17, 1997, the City Commission approved a similar request to allow child care programs as an accessory use in the OSR zoning district to accommodate the after school programs. The Planning and Zoning Board held a public hearing regarding this item. There was no public testimony and after discussing this amendment the Board voted 7-0 to recommend to the City Commission that Section 4.4.27(C) be amended to add "educational facilities" as an accessory use based upon positive findings with LDR Section 2.4.5(M)(5). At first reading and first public heating on February 52, the City Commission passed the Ordinance No. 5-02 unanimously. Recommend approval of Ordinance No. 5-02 on second and final reading. RefiAgmemo21.Ord5-02.LDR Allow Educational Facilities in OSR.02.19.02 · ~ ~1~ C~MMlSSiON DOCUMENTATIO~i ',,,,,~ TO: THRU: FROM: SUBJECT: DAVI[3~I'. HARDF_.,~, CI'I~'Y MANAGER , PA L~D~RLING~R O~L~ JEFF REY A. C O STE LLO, P RIN(~' PCAN N ER ' MEETING OF FEBRUARY 5, 2002 CONSlDE~TION OF AN AMENDMENT TO LDR SECTION 4.4.27(C) TO ALLOW EDUCATIONAL FACILITIES AS AN ACCESSORY USE IN THE OSR (OPEN SPACE AND RECREATION) ZONIN~ DISTRICT This text amendment was originally requested by the Cultural Arts Institute (Charter School) which has been operating since August of last year on a temporary basis at the Bucky Dent's Baseball School (490 Dotterel Road). The School was contemplating installing classroom and administration modulars on the site for a 5 year period. As educational facilities are not specifically listed in the OSR (Open Space and Recreation) zoning district, the Cultural Arts Institute requested an amendment to the Land Development Regulations to allow "educational facilities" as an accessory use. On January 28th, the applicant indicated the school will be relocating from the Bucky Dent's Baseball School site to a facility in Boca Raton which will better suit the school's needs. However, due to the merits of the proposed amendment, and as first reading of the text amendment has been advertised, it is appropriate to move forward with the text amendment, which is now before the Commission for action. The amendment will allow "educational facilities" as an accessory use to the principal uses (B)(1) Parks and (B)(2) Recreation Facilities. Educational facilities would not be allowed as an accessory use to the other two principal uses in the OSR zoning district (B)(3) Golf Courses and (B)(4) Cemeteries and Mausoleums, due to safety concerns at golf courses and the inappropriate environment of a cemetery. All eligible properties with the exception of Lake Ida Park and Bucky Dent's Baseball School are City owned. Establishment of schools on City-owned property will be City operated, or must be approved through an agreement with the City. This amendment will accommodate the existing charter school at Pompey Park as well as any potential school at the Catherine Strong Center. On March 14, 1997, the City Commission approved a similar request to allow child care programs as an accessory use in the OSR zoning district to accommodate the after school programs. Additional background and an analysis are found in the attached Planning and Zoning Board staff report. The Planning and Zoning Board held a public hearing regarding this item at its meeting of January 28, 2002. There was no public testimony regarding the request. After discussing the amendment, the Board voted 7-0 to recommend to the City Commission that LDR Section 4.4.27(C) (Accessory Uses and Structures Allowed) be amended to add "educational facilities" as an accessory use, based upon a positive finding with LDR Section 2.4.5(M)(5). By motion, approve on first reading the text amendment to LDR Section 4.4.27(C) to allow "educational facilities" as an accessory use in the OSR zoning district), based upon the findings and recommendations of the Planning and Zoning Board, setting a public hearing date of February 19, 2002. Attachments: Planning & Zoning Board Staff Report of January 28, 2002 & Ordinance by Others ORDINANCE NO. 05-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING SECTION 4.4.27, "OPEN SPACE AND RECREATION (OSR) DISTRICT", SUBSECTION (C) "ACCESSORY USES AND STRUCTURES ALLOWED", TO ADD EDUCATIONAL FACILITIES AS AN ACCESSORY USE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on January 28, 2002 and voted to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 4.4, "Base Zoning Districts", Section 4.4.27, "Open Space and Recreation (OSR) District", Subsection (C), "Accessory Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (C) Accessory Uses and Structures Allowed: The following types of use are allowed when a part of, or accessory to, the principal use: (1) Parking lots. (2) Restrooms, rest areas, picnic facihties. (3) Admimstrative and maintenance buildings. (4) Boat ramps. O) of Delray Beach. Concessions and services provided under a license agreement with the City (6) Storage of inventory, equipment, and materials, within a structure or in an approved outsxde location. (7) programs. (8) Section 2. Residenual faczhties for temporary occupancy by participants of recreational Child care programs as an accessory use to 03)(1) and (2) above. Educational Facilities. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the vahdity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordmances m confhct herewith be, and the same are hereby repealed. Section 4. That tins ordinance shall become effective mediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on thts the day of ,200 ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD. NO. 05-02 MEETING DATE: AGENDA ITEM: JANUARY 28, 2002 IV.F. - AMENDMENT TO LDR SECTION 4.4.27(C) TO ADD EDUCATIONAL FACILITIES AS AN ACCESSORY USE IN THE OSR (OPEN SPACE AND RECREATION) ZONING DISTRICT. The item before the Board is that of making a recommendation to the City Commission regarding an LDR amendment to Section 4.4.27(C), Open Space and Recreation (OSR) zoning district, Accessory Uses and Structures Allowed, to add "educational facilities" as an accessory use, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The Cultural Arts Institute (Charter School) has been operating on a temporary basis at the Bucky Dent's Baseball School (490 Dotterel Road) since August of last year. The school serves approximately 50 students from the Delray Beach and Boca Raton areas. The anticipated capacity of the school will be approximately 150 students. The school is proposing to continue operating at the Baseball School for a minimum 5 year period, and has submitted plans to allow the installation of three modular classrooms at the east end of the property. As the proposed use is not specifically listed in the OSR zoning district, a request to amend the Land Development Regulations has been submitted to allow "educational facilities"as an accessory use. A charter school has operated at a city-owned facility (Pompey Park) through a license agreement with the City. LDR Section 4.4.27(C)(5) states that within the OSR zoning district "concessions and services provided under a license agreement with the City of Delray Beach" are allowed as an accessory use. This program has operated at this site for several years and was established under the auspices of an accessory use to recreation facilities. The current proposal is to establish a charter school on OSR zoned property, which is not City owned. Thus, a license agreement is inappropriate and thus the request to amend the LDRs to allow the use. On March 14, 1997, the City Commission approved a similar request to allow child care programs as an accessory use in the OSR zoning district. The City Commission initiated the amendment to accommodate child care programs operated by both the City and County on properties zoned OSR (i.e. after-school program at Pompey Park and Head Start at the Catherine Strong Center). IV.F. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Educational Facilities in the OSR Zoning District Page 2 ~" ? I:DR!iTEXT!,AM~NDMENT ANALYSIS~/~'~' LDR Section 2.4.5(M)(5) (Findinqs): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. There are seventeen parcels in the City which are currently zoned OSR (Open Space and Recreation). These include twelve sites which are owned by the City, one owned by Palm Beach County, three privately owned golf courses, and one privately owned baseball school. The City and County owned parcels include: · Boy Scout Hut (Lake Ida Road) · Catherine Strong Center · Currie Commons Park · Delray Beach Cemetery · Delray Beach Municipal Golf Course · Lakeview Golf Course · Lake Ida Park (County) · Leon Weekes Park · Merdtt Park · Miller Park · Orchard View Park · Pompey Park · Veterans Park Four additional sites which are privately owned and zoned OSR are: · Bucky Dent's Baseball School · DeI-Aire Golf Course · The Hamlet Golf Course · Sherwood Golf Course The amendment will allow "educational facilities" as an accessory use to the principal uses (B)(1) Parks and (B)(2) Recreation Facilities. Educational facilities would not be allowed as an accessory to the other two principal uses (B)(3) Golf Courses and (B)(4) Cemeteries and Mausoleums. Golf Courses are excluded due to concerns relating to safety. As schools usually require outside play areas, there are concerns with respect to wayward golf balls. Cemeteries and mausoleums are excluded as these are inappropriate environments to conduct educational programs. All eligible properties with the exception of Lake Ida Park and Bucky Dent's Baseball School are City owned. Establishment of schools on City-owned property will be City operated, or must be approved through an agreement with the City. Establishment of an educational facility as a principal use, rather than an accessory use, should be directed to property zoned CF (Community Facilities), which is consistent with the zoning of majority of public and private educational facilities. COMPREHENSIVE PLAN POLICIES: The goals, objectives and policies of the Comprehensive Plan were reviewed and the following policies are noted. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment- Educational Facilities in the OSR Zoning District Page 3 Future Land Use Element Policy D-3.6 - The location and construction of new public education facilities and the expansion of existing facilities shall be permitted based upon a finding that the proposal is consistent with applicable goals, objectives, and policies of the Comprehensive Plan, and is compatible with adjacent land uses. Future Land Use Element Policy D-3.8 - The City shall seek to co-locate public facilities, such as parks, libraries, and community centers, with public educational facilities of the School District of Palm Beach County to the greatest extent. The proposed amendment is consistent with the overall direction of the above policies. As previously indicated, the majority of the properties zoned OSR (Open Space and Recreation) are City-owned, and will enable co-location furthering the above policies. In addition, the applicant's proposed charter school is considered a public school, and is therefore also consistent with the above policies. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The amendment furthers the Goals, Objectives, and Policies of the Comprehensive Plan. RECOMMENDED' ........... " ....... By motion, recommend to the City Commission that LDR Section 4.4.27(C) (Accessory Uses and Structures Allowed) be amended to add "educational facilities" as an accessory use, based upon a positive finding with LDR Section 2.4.5(M)(5). Attachments: Map of OSR Zoned Properties Proposed Amendment CITY OF DELRAY BEACH, FLORIDA - OPEN SPACE & RECREATION ZONING DISTRICTS - STREAM BI.VD L-3O CANAL CI~Y UUITS ONE MILE GRAPHIC SCALE CiTY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 2OO2 - DIGITAL BASE MAP SYSTEM - - OSR NOT OWNED BY Cl'l*Y CITY OWNED OSR N W 2NDST S W 2ND ST C..15 CANAL TO: THRU: FROM: SUBJECT: DAp~~C!~ MANAGER PAUL DORL. I~Gj, I~~P~NNING AND ZONING JEFFR~LLO, PRINCIPAL PLANNER MEETING OF FEBRUARY 19, 2002 AMENDMENT TO THE DEFINITIONS SECTION (APPENDIX A) OF THE LAND DEVELOPMENT REGULATIONS TO ADD A DEFINITION OF BEDROOM. This amendment is being processed for clarification purposes and to ensure required minimum parking and floor area requirements are met for multiple family developments. Parking and minimum floor area requirements for multi-family units are based on the number of bedrooms. A room designated on the floor plans as den/study is not counted as a bedroom, however, in many instances it is utilized as such. In these situations, the required parking and minimum floor area requirements for the unit are usually not met. There have also been situations where property owners have converted den/study areas to additional bedrooms, and have not met the minimum unit floor area requirement. In response, the plans have been revised designating the proposed room as a study/den, thus subverting the minimum unit floor area requirement. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. This amendment is being processed more for clarification purposes than to fulfill any specific Comp Plan policy. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. ~' ~ ~PLANNING ~M~iD ZONING BOARD CONSIDERATION The Planning and Zoning Board held a public hearing regarding this item at its meeting of January 28, 2002. There was no public testimony regarding the amendment. The Board requested that dining rooms be added to the rooms that would not be considered a bedroom. After discussing the item, the Board voted 6-1 (Sowards dissenting) to recommend to the City Commission approval of the following definition of bedroom, based upon positive findings with respect to LDR Section 2.4.5(M): A room intended for, or capable of, being used for sleeping and that is at least 70 square feet in area. A room designated on building plan submittals as a "den", "library", "study'; ~lofl'; or other extra room that satisfies the definition and is not a kitchen, living room, dining room, or bath will be considered to be a bedroom for the purpose of computing bedroom area. By motion, approve the amendment approval of the proposed amendment to the "Definitions" section (Appendix A) of the Land Development Regulations to add a definition of bedroom, based upon the findings and recommendations by the Planning and Zoning Board, setting a public hearing date of March 5, 2002. Attachment:: Ordinance by Others S:/Planning&Zoning~oards/CityCommission/LDRDefBedroom /0 C- ORDINANCE NO. 8-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DF.I.RAY BEACH, FLORIDA, AMENDING THE LAND DEVF. I.OPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING APPENDIX "A", "DEFINITIONS", TO ADD THE DEFINITION OF "BEDROOM"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Land Development Regulation Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public heating on January 28, 2002, and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, Appendix "A", "Definitions" be and the same is hereby amended by adding a new definition of "bedroom" to read as follows: BEDROOM: A room intended for, or capable of, being used for sleeping and that is at least 70 square feet in area. A room designated on building plan submittals as a "den", "hbrary", "study", "loft", or other extra room that satisfies the definition and is not a kitchen, hying room, or bath will be considered to be a bedroom for the purpose of computing bedroom area. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective mediately upon passage on second and final reading. PASSED AND ADOPTED in rega,l~r session on second and final reading on this the day of ,200 ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 8-02 MEETING OF: JANUARY 28, 2002 AGENDA ITEM: IV.E. AMENDMENT TO THE DEFINITIONS SECTION OF THE LAND DEVELOPMENT REGULATIONS REGARDING BEDROOMS. The item before the Board is that of processing an amendment to the "Definitions" section of the Land Development Regulations (LDRs) to add a definition of bedroom, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. This amendment is being processed for clarification purposes. Parking and minimum floor area requirements for multi-family units are based on the number of bedrooms. A room designated on the floor plans as den/study is not counted as a bedroom, however, in many instances it is utilized as such. In these situations, the required parking and minimum floor area requirements for the unit are usually not met. There have also been situations where property owners have converted den/study areas to additional bedrooms, and have not met the minimum unit floor area requirement. In response, the plans have been revised designating the proposed room as a study/den, thus subverting the minimum unit floor area requirement. In order to provide clarification and ensure required minimum parking and floor area requirements are met, the following definition of bedroom is proposed: A room intended for, or capable of, being used for sleeping and that is at least 70 square feet in area. A room designated on building plan submittals as a "den", "library", "study", "loft", or other extra room that satisfies the definition and is not a kitchen, living room, or bath will be considered to be a bedroom for the purpose of computing bedroom area. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. As noted previously, this amendment is being initiated more for clarification purposes than to fulfill any specific Comp Plan policy. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. IV.E. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Definition of Bedroom Page 2 By motion, recommend approval of the proposed amendment to the "Definitions" section (Appendix A) of the Land Development Regulations regarding a bedroom, based upon positive findings with LDR Section 2.4.5(M). TO: THRU: FROM: SUBJECT: . ~;;~il..yCOMMisSi0N DOcuMENTATION PAULrI~ORLI~, P/Jj. ANNI~p AND ZONING DIRECTOR SCOTT D, PAPE, SENIOR PLANNER MEETING OF FEBRUARY 19, 2002 SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM GC (GENERAL COMMERCIAL) TO MD (MEDIUM DENSITY RESIDENTIAL - 5 TO 12 DUIAC) FOR A PARCEL OF LAND LOCATED AT THE NORTHEAST CORNER OF NORTH FEDERAL HIGHWAY AND ROYAL PALM BOULEVARD (1645 NORTH FEDERAL HIGHWAY). The property is Lots 1 through 5, Block A of the Royal Palm Gardens Plat #3 and contains 0.76 acres. The property was annexed into the City on March 14, 1966 and a 2,363 square foot restaurant was built in 1968. The applicant proposes to aggregate the subject property with additional property to the east and on the south side of Royal Palm Boulevard in order to develop a residential development with a mix of 34 single family and 12 multiple family residential units on a total of 4.623 acres. A rezoning application has been submitted to rezone the entire 4.623 acre property from GC (General Commercial) to PRD (Planned Residential). Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. AND ZONING, BOARD CONSIDERATION At its meeting of January 28, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request. There were two people from the public that expressed concerns with the potential incompatibility of the residential classification with adjacent commercial uses. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the request be approved, based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. By motion, approve on first reading the ordinance for the proposed small scale FLUM Amendment from GC (General Commercial) to MD (Multiple Family Residential 5-12 dwelling units per acre) based on consistency with the North Federal Highway Redevelopment Plan and positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Attachments: P & Z Staff Report of January 28, 2002 ORDINANCE NO. 06-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP FROM GC (GENERAL COMMERCIAL) TO MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) FOR A 0.763 ACRE PARCEL OF LAND FOR PALM GROVE VILLAGE AS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Antonios Mama Rosa, Inc. is the fee simple owner of a 0.763 acre parcel of land for Palm Grove Village, located at the Northeast corner of Royal Palm Boulevard and North Federal Highway; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) designation of GC (General Commercial); and WHEREAS, the Advisory Future Land Use Map designation for the subject property in the City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 du/ac); and WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of January 28, 2002 and voted 7 to 0 to recommend that the request be approved with the Advisory Future Land Use Map designation of MD (medium Density Residential 5-12 du/ac) based upon positive findings. 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 designation of the following property is hereby officially affixed as MD (Medium Density Residential 5-12 du/ac): Lots 1, 2, 3, 4, & 5, Block A of Royal Palm Gardens Plat No. 3 according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida; recorded in Plat Book 21, page 57, less the following described property deeded to the State of Florida; from the Southwest corner of Lot 3, Block A of Royal Palm Gardens, Plat No 3 run Eastedy along the South line of said Lot 3 for a distance of 29.00 feet; thence run in a Northwesterly direction along the arc of a curve concave to the Northeast having a radius of 25 feet for a distance of 42.97 feet to a point on the West line of said Lot 3; thence run Southerly along the West line of said Lot 3 for a distance of 29.00 feet to the Southwest comer of said Lot 3. The subject property is located at the Northeast Corner of Royal Palm Boulevard and North Federal Highway. 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4 That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That 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 Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200__. ATTEST MAYOR City Clerk First Reading. Second Reading 2 ORD NO. 06-02 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner/Apphcant ............. Agent .............................. Location .......................... Property S;ze .................. Existing FLUM ................ Proposed FLUM .............. Current Zoning ................ Proposed Zoning ............. Adjacent Zoning ..... North: East: South: West: Existing Land Use ............ Proposed Land Use ......... Water Se,"vise .................. Sewer Service .................. January, 28 2002 IV. A. Future Land Use Map Amendment from GC (General Commercial) to MD (Medium Density Residential 5-12 du/ac) for a 0.763 Acre Parcel of Land for Palm Grove Village, Located at the Northeast Comer of Royal Palm Boulevard and North Federal Highway. Antonios Mama Rosa, Inc. Miller Legg and Associates, Inc. Located at the Northeast Corner of Royal Palm Boulevard and North Federal Highway. 0.763 Acres GC (General Commercial) MD (Medium Density Residential 5-12 du/ac) GC (General Commercial) RM (Multiple Family Residential) RL (Multiple Family Residential- Low Density). PRD (Planned Residential) RM (Multiple Family Residential) GC (General Commercial) RM (Multiple Family Residential) RL (Multiple Family Residential- Low Density) RL (Multiple Family Residential - Low Density) GC (General Commercial) GC (General Commercial) Restaurant Residenti¢_l Avaiiabte via connection to an existing 8" water main in Royal Palm Blvd. Available via connexion to an existing 10" sewer main in Royal Palm Blvd. IV .A. The action before the Board is that of making a recommendation to the City Commission on a proposed Future Land Use Map (FLUM) Amendment from GC (General Commercial) to MD (Medium Density Residential/5-12 dwelling units per acre) for property located at the northeast comer of North Federal Highway and Royal Palm Boulevard (1645 North Federal Highway). Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments for any property within the City. ~ ," *'* :",~-~'BACKGROUND ' ' I The property is Lots 1 through 5, Block A of the Royal Palm Gardens Plat #3 and contains 0.76 acres. The property was annexed into the City on March 14, 1966 and a 2,363 square foot restaurant was built in 1968. The property is located within the "North Federal Highway Redevelopment Area." Guidelines for redevelopment of this area are contained within the North Federal Highway Redevelopment Plan, which identifies GC (General Commercial) as the appropriate Future Land Use Map and Zoning Map designations for this property. The applicant proposes to aggregate the subject property with additional property to the east and on the south side of Royal Palm Boulevard in order to develop a residential development with a mix of 34 single family and 12 multiple family residential units on a total of 4.623 acres. A rezoning application has been submitted concurrently to rezone the entire property from GC (General Commercial) to PRD (Planned Residential). Since the property is considered a small scale amendment in accordance with Chapter 163, Florida Statutes, the Future Land Use Map amendment is not limited to the twice- a-year Comprehensive Plan Amendment review process. In::TM ?~:" FUTURE'*LAND ~USE MAP' AMENDMENT-ANAEYSIS .~ .... ~J Florida Statutes 163.3187- Small Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: The amendment does not exceed 10 acres of land; The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency Planning and Zomng Board Staff Report Palm Grove Village - Small-Scale Future Land Use Map Amendment Page 2 exception areas, or 60 acres annually in areas lying outside the designated areas; [3 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; [3 That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre except for properties that are designated in the Comprehensive Plan for urban infill, urban redevelopment, or downtown revitalization; 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 Future Land Use Map amendment involves a 0.76-acre area, thus the total area is less than the 10 acre maximum. The density of the proposed MD (Medium Density Residential - 5 to 12 Dwelling Units Per Acre) is the same as allowed in the GC zoning district. While the MD designation allows for a density up to 12 units per acre, the property is located in the North Federal Highway Redevelopment area and is considered urban in-fill as well as revitalization area. This amendment along with other small-scale amendments processed this year does not exceed 120 acres. The 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 amendment does not involve a text change to the Comprehensive Plan and it is not located within an area of critical state concern. REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which-the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. Planning and Zomng Board Staff Report Palm Grove Village - Small-Scale Future Land Use Map Amendment Page 3 The proposed single family component of the Planned Residential Development (PRD) is not consistent within the GC (General Commercial) Land Use Map designation. However, the multi-family component of the PRD is consistent with the GC Land Use Map designation. With the Future Land Use Map change from GC to MD the entire parcel will have a MD designation. The MD designation is consistent with the proposed PRD zoning designation and will accommodate single and multiple family development. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM 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 proposed FLUM amendment will fulfill Future Land Use Element Policy C-1.5, stated as follows: Future Land Use Element Policy C-1.4: The following pertains to the North Federal Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right-of-way to the west, the easterly boundary of the CRA to the east, George Bush Boulevard to the south, and the north City limits to the north. Properties in the corridor that front on Federal Highway primarily contain small- scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, 1999. The Plan identified the need for limited Planning and Zoning Board Staff Report Palm Grove Village - Small-Scale Future Land Use Map Amendment Page 4 rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property is listed on the Residential Neighborhood Categorization Map as Revitalization. The North Federal Highway Redevelopment Plan indicates that the commercial properties that front on Federal Highway lack appropriate depth. The result is a development pattern conducive to strip commercial development, which are inconsistent with the redevelopment plan. Consequently, the existing commercial property (0.76 acres) does not contain sufficient area to accommodate the neo-traditional pedestrian oriented commercial development directed by the redevelopment plan. The proposed rezoning will eliminate the commercial development. The applicant has submitted a conceptual plan that provides for multiple family units adjacent to Federal Highway consistent with the neo-traditional design concept. Since this Comprehensive Plan policy is furthered by the proposed FLUM amendment vis-A-vis a neo-traditional residential development, a positive finding can be made with respect to fulfilling a demonstrated need. I~1 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 above policy as well as other goals, objectives and policies of the City's Comprehensive Plan. The FLUM amendment will also address the following Comprehensive Plan Policies: Housinq Element Poficy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The proposed redevelopment of the commercial property to residential property will have a positive effect on neighboring residential properties as the impacts such as noise, odors, dust and traffic volumes and circulation patterns will decrease. Furthermore, the FLUM amendment will eliminate a commercial property that does not meet the approved design criteria for the North Federal Highway Redevelopment Area. The existing restaurant generates approximately 194 average daily tdps where the proposed residential development, which will occupy this specific portion of the site, will generate 82 average daily tdps. The specific issues regarding compatibility between the proposed residential and existing residential will be addressed during the site plan review process. Open Space and Recreation Element Policy A-2. 7: The City shall develop a program to establish small parks in neighborhoods. The program would include identification of vacant or surplus parcels, and strategies to assure that the Planning and Zoning Board Staff Report Palm Grove Village - Small-Scale Future Land Use Map Amendment Page 5 neighborhood determines the parameters of the park and is responsible for construction and operating costs. Such strategies should rely heavily on existing neighborhood associations as the originating, motivating and organizing forces. As part of this development a neighborhood park set aside will be provided. This in conjunction with potential additional land acquired by the CRA will be consistent with this policy as well as the North Federal Highway Redevelopment Plan. Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves the FLUM amendment of the 0.763 acre parcel from GC to MD. If the property were redeveloped, it would be possible to construct 9 units at the maximum density allowed under the MD FLUM designation (12 units per acre). However, this property is to be aggregated with the additional property to provide an overall maximum density of 9.94 units per acre (46 total units) resulting in 6 multiple family units and 4 single family units on this property. The following concurrency analysis is based on the proposed 10 units: Traffic: The trip generation according to Table 10.8-3 "Fair Share Road Impact Fee Schedule", Palm Beach County Traffic Performance Standards Ordinance for single family units is 10 ADT (Average Daily Trips) and 7 ADT for multiple family units. Therefore, the redevelopment would generate a total of 82 ADT. It is noted that this is a net reduction of 112 ADT generated by the property due to the elimination of the restaurant, which generates 194 ADT (194 - 82 = 112). Solid Waste: The Solid Waste Authority indicates that it has capacity to serve development in the County at its current LOS of 0.52 tons per year for the multiple family and 1.99 for the single family for the life of the existing landfill, which is anticipated for the year 2021. The most intensive use of the property (6 multiple family dwelling units and 4 single family units) would generate 11.08 tons per year. The existing restaurant generates 24.9 pounds per square foot per year. The annual solid waste generation by the 2,363 square foot restaurant is 29.42 tons per year. Consequently, the proposed FLUM amendment will reduce the solid waste generation by 18.34 tons per year. Water & Sewer: Water and sewer service is currently available to the subject property. The Delray Beach Water Treatment Plant and the South Central County Waste Water Treatment Plant both have adequate capacity to serve the City at build out. An existing 8" water main and 10" sewer main are available along Royal Palm Boulevard. Planning and Zoning Board Staff Report Palm Grove V~llage - Small-Scale Future Land Use Map Amendment Page 6 Parks and Recreation: As noted in the Consistency analysis under the Performance Standards in this report, the applicant will be responsible for the dedication up to 0.37 acres to the City for a neighborhood park. The dedication of the park is mandated via the North Federal Highway Redevelopment Plan and LDR Section 5.3.2. The dedication of this property will occur concurrently with the site plan review process. Based upon the above, a positive finding with respect to concurrency can be made. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. The subject property is part of a redevelopment project that includes property at the southeast corner of Federal Highway and Royal Palm Boulevard for a total of 4.623 acres. This property is surrounded on the north by an electrical wholesaler and single family residential, on the east by the Estuary residential development, and on the south by retail and single family residential properties. The FLUM designations of the surrounding residential uses are MD (Multiple Family Residential 5-12 dwelling units per acre). The FLUM designations of the adjacent commercial properties are GC (General Commercial) and TRN (Transitional). The proposed MD FLUM designation is compatible with the adjacent residential designations. The conceptual plan indicates that the multiple family dwellings will be placed adjacent to Federal Highway with the single family units located interior to the development adjacent to the existing single family residential units. This configuration will provide a gradation between the intensity of the multiple family use and the single family component from Federal Highway. Therefore, a positive finding with respect (o compatibility can be made. Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Development of the 0.763 acre parcel of land will occur in accordance with the City's Land Development Regulations during the site plan review process. As noted previously, the property is part of a larger proposed development that will consist of 4.623 acres and have a density of 9.95 acres. It has been noted that the minimum size of property in the PRD zoning district is 5 acres. The applicant has submitted a separate waiver request to the minimum site size requirement, which will be considered by the City Commission. Given the above, a positive finding with respect to compliance with the Land Development Regulations can be made. Community Redevelopment Aoencv (CRA): The CRA reviewed the FLUM amendment at its meeting of January 10, 2002 and recommended approval subject to dedication of the neighborhood park land. Planning and Zomng Board Staff Report Palm Grove Village - Small-Scale Future Land Use Map Amendment Page 7 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · La Hacienda · North Palm Trail · Kokomo Key · Seacrest · PROD · City of Gulfstream · Presidents Council *--~: *- '-:A'SSESS. MENT:'"'AND'CONCLUSION"* The proposed FLUM amendment will provide for development that is consistent with the North Federal Highway Redevelopment Plan subject to dedication of a neighborhood park. The proposed MD FLUM designation is compatible with the surrounding land uses. A companion application has been submitted to rezone the property from GC to PRD. The applicant will aggregate the subject property with property on the south side of Royal Palm Boulevard for the purposes of developing a multiple family and single family residential development. The more intense multiple family component of the development will be located adjacent to Federal Highway, which is consistent with the redevelopment plan with respect to the neo-traditional urban design. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, the proposed FLUM amendment can be recommended for approval based on the findings outlined in this report. Ao Continue with direction. Recommend to the City Commission approval of the small scale FLUM Amendment for the subject property, based on consistency with the North Federal Highway Redevelopment Plan and positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; or Recommend denial of the small scale FLUM Amendment based on a failure to make 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) of the Land Development Regulations, with the basis stated. Planning and Zoning Board Staff Report Palm Grove Village - Small-Scale Future Land Use Map Amendment Page 8 Recommend to the City Commission approval of the proposed small scale FLUM Amendment from GC (General Commercial)to MD (Multiple Family Residential 5-12 dwelling units per acre) based on consistency with the North Federal Highway Redevelopment Plan and positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan Report prepared by: Scott Pape, Senior Planner Attachments: · Proposed Future Land Use Map · Location Map s:~planning & zoning\boards~p&z board\bk28 flum amendment.doc ~ ~d~,~l~: '~ / , ~ / ~"' ~ I ~ ' ' '"" "T ' ' .. ~ ! ~ '' ~ II I I1~~1~ ~ ~ - t~' ', ,, ' ; ~ ~ ~ ~ I ' , ~, , , ~, , - / ,' [-- - I ' J'¢ ' '...' ~'~ I , , -~ ~ , ?,,, PALM GROVE VlL~GE N ~ ~- FL~UF.E ~ND USE MAP AMENDME~ I CITY ~ D[LRAY BEACH. FL FROM:'~: ~Gen~ml ~m~mgal, TO:MD rM~dium D~ns~ Residen~al. ~LANNING ~ Z~ING DEPARTM[NT J TO: THRU: FROM: SUBJECT: MEETING OF FEBRUARY 19, 2002 ZONING CHANGE FROM GC (GENERAL COMMERCIAL), RM (MULTIPLE FAMILY MEDIUM DENSITY), AND RL (MULTIPLE FAMILY- LOW DENSITY) TO PRD (PLANNED RESIDENTIAL DEVELOPMENT) FOR A PARCEL OF LAND LOCATED AT THE NORTHEAST AND SOUTHEAST CORNER OF NORTH FEDERAL HIGHWAY AND ROYAL PALM BOULEVARD (1645 NORTH FEDERAL HIGHWAY)~ WITHIN THE NORTH FEDERAL HIGHWAY REDEVELOPMENT AREA. The subject property consists of Lots 1 through 5 Block "A" of the Royal Palm Gardens plat #3, Lots 8 through 11 Block "B" of the Royal Palm Gardens plat #3, all of the Royal Palm Gardens plat, Lot 5 of the Eastview plat, and all of the Harry Seemiller plat and contains 4.623 acres. The property at the northeast corner of North Federal Highway and Royal Palm Boulevard was annexed to the City on March 14, 1966. This property contains a 2,363 square foot restaurant (Antonio's Mama Rosa) that was built in 1968. The remainder of the property was annexed to the City on December 13, 1988. This property contains two houses that were built in 1948 and 1950 and a landscape nursery. Since annexation and construction of the restaurant there have been no further development proposals for the subject property. The properly will be aggregated for a residential development consisting of 12 multiple family dwelling units fronting along Federal Highway and 34 single family houses to the east. A companion Future Land Use Map amendment application has been submitted to change the designation of the restaurant from GC (General Commercial) to MD (Medium Density Residential 5-12 dwelling units per acre). Since the aggregated property does not meet the minimum site area requirement of 5 acres, a waiver application has also been submitted. The purpose of the FLUM and Zoning Map designation changes are to accommodate development as a residential development with a mix of 34 single family and 12 multiple family residential units on a total of 4.623 acres. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. ZONING BOARD CONSIDERATION At its meeting of January 28, 2002, the Planning and Zoning Board held a public hearing in conjunction with the requests. There were two persons from the public that expressed concerns with the potential incompatibility of the residential classification with adjacent existing commercial uses. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the request be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. City Commission Documentation Meeting of February19, 2002 Palm Grove Village Rezoning Page 2 By motion, approve on first reading the ordinance for a zoning designation change from GC, RM, and RL to PRD (Planned Residential) for Palm Grove Village, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attachments: P & Z Staff Report of January 28, 2002 ORDINANCE NO. 07-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN PART, RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) IN PART, AND RL (MULTIPLE FAMILY RESIDENTIAL LOW DENSITY) IN PART TO PRD (PLANNED RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE NORTH AND SOUTH SIDES OF ROYAL PALM BOULEVARD, EAST OF NORTH FEDERAL HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2001"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated July, 2001, as being zoned GC (General Commercial District) in part, RM (Multiple Family residential - Medium Density) in part, and RL (Multiple Family Residential- Low Density) in Part; and WHEREAS, at its meeting of January 28, 2002, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning Distdct Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of PRD (Planned Residential) District for the following described property: Parcel I Beginning at a point on the Western boundary of Block 3, of Royal Palm Gardens, on the Eastem boundary of the right-of-way of the Federal Highway at a point 137 feet North of the Southern boundary of said Block 3, Royal Palm Gardens, as measured along the Eastern boundary of said Federal Highway for a point of beginning; thence running in a Southerly direction along the Western boundary of said Block 3, a distance of 137 feet, thence East 145 feet, thence North to the point of intersection with a line extending East from the point of beginning and parallel to the Southern boundary of Block 3 of Royal Palm Gardens, thence West to the point of beginning. Beginning at a point on the West boundary of Block 3 of Royal Palm Gardens and on the East boundary of the right-of-way of the Federal Highway at a point 137 feet North of Southern boundary of Block 3 of Royal Palm Gardens, as measured along the East boundary of said highway, thence in a Southerly direction along the West boundary of Block 3 and East boundary of Federal Highway a distance of 137 feet; thence East 145 feet as a point of beginning; thence East on the Southern boundary of Block 3; Royal Palm Gardens, a distance of 150 feet; thence North a distance of approximately 137 feet; thence West parallel to the Southem boundary of Block 3, Royal Palm Gardens, and to the Northeast corner of lands now owned by E.J. Nitschke a distance of 150 feet; thence South to Point of Beginning as per plat of Royal Palm Gardens, Plat Book 15, Page 44 Public Records of Palm Beach County, Florida. Beginning at a point on the West boundary of Block 3, Royal Palm Gardens and on the East boundary of the right-of-way of the Federal Highway at a point 137 feet North of Southern boundary of Block 3, of Royal Palm Gardens, as measured along the East boundary of said Highway; thence in a Southerly direction along the West boundary of Block 3, and the East boundary of Federal Highway a distance of 137 feet; thence East 295 feet as a point of beginning; thence East on the Southern boundary of Block 3, Royal Palm Gardens a distance of 100 feet; thence North a distance of approximately 137 feet; thence West parallel to the Southern boundary of Block 3, Royal Palm Gardens, and to the Northeast corner of lands now owned by E.J. Nitcschke, a distance of 100 feet; thence South to the point of beginning; as per plat of Royal Palm Gardens, Plat Book 15, page 44, Public Records of Palm Beach County, Florida. Less and except that property conveyed in Special Warranty Deed recorded in Official Records Book 103, Page 231, of the Public Records of Palm Beach County, Florida. Parcel 2 Lots 8, 9 and 25, Block B, Plat No 3 Royal Palm Gardens, according to the map or plat thereof as recorded in Plat Book 21, page 57, Public Records of 2 ORD NO. 07-02 Palm Beach County, Florida. Parcel 3 Lots 10 and 11, Block B, Plat No 3 Royal Palm Gardens, according to the map or plat thereof as recorded in Plat Book 21, page 57, Public Records of Palm Beach County, Florida. Parcel 4, Lot 5, Eastview, according to the map or plat thereof as recorded in Plat Book 23, Page 44, Public Records of Palm Beach County, Florida. Parcel 5 Lots 1, 2, 3, 4, & 5, Block A of Royal Palm Gardens Plat No. 3 according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida; recorded in Plat Book 21, page 57, less the following described property deeded to the State of Florida; from the Southwest corner of Lot 3, Block A of Royal Palm Gardens, Plat No 3 run Eastedy along the South line of said Lot 3 for a distance of 29.00 feet; thence run in a Northwesterly direction along the arc of a curve concave to the Northeast having a radius of 25 feet for a distance of 42.97 feet to a point on the West line of said Lot 3; thence run Southerly along the West line of said Lot 3 for a distance of 29.00 feet to the Southwest corner of said Lot 3. Parcel 6 That part of Lot One in Seemiller's Subdivision of part of Lots 36, 1, 2, and 3, of the Subdivision of Section 9, Township 46 South, Range 43 East, according to the amended Plat of said Seemiller's Subdivision on file in the office of the Clerk of the Circuit Court of Palm Beach County, Florida, in Plat Book 9, Page 72, described as follows: From the Point of intersection of the South line of said Lot One in Seemiller's Subdivision with the East right-of-way line of U.S. Highway 1, which right-of- way line is 50 feet easterly of, measured at right angles to the center line of said Highway as now laid out and in use, run East along the South line of said Lot One of Seemiller's Subdivision a distance of 484.15 feet for a point of beginning; thence from said point of beginning continue East along the South line of said Lot One of Seemiller's Subdivision a distance of 340.32 feet; thence run North on a line at right angles to said South line of said Lot One of 3 ORD NO. 07-02 Seemiller's Subdivision a distance of 239 feet; more or less, to the North line of said lot One of Seemiller's Subdivision; thence run West along the North line of said Lot One of Seemiller's Subdivision a distance of 337.67 feet, thence run South on a line making an angle from East to South 90° 34' 22" with a the North line of said Lot One of Seemiller's Subdivision a distance of 238.89 feet to the point of beginning. Section 2. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. the PASSED AND ADOPTED in regular session on second and final reading on this ~ day of ,200 ATTEST MAYOR City Clerk First Reading Second Reading 4 ORD NO. 07-02 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: January 28, 2002 IV.B. Rezoning From GC (General Commercial) in Part, RM (Multiple Family Residential - Medium Density) in Part, and RL (Multiple Family Residential - Low Density) in Part to PRD (Planned Residential) for Palm Grove Village. GENERAL DATA: Owner ............................. Antonios Mama Rosa, Inc. Agent .............................. Applicant ......................... Location .......................... Property Size .................. Future Land Use Map ..... Current Zoning ............... Proposed Zoning ............ Adjacent Zoning .... North: East: South: West: Existing Land Use .......... Proposed Land Use ........ Water Service ................. Sewer Service ................ Miller Legg and Associates, inc. New Urban/RFC Developers, LLC Located on the North and South Sides of Royal Palm Boulevard, East of North Federal Highway. 4.623 Acres MD (Medium Density Residential 5-12 du/ac) GC (General Commercial) RM (Multiple Family Residential) RL (Multiple Family Residential - Low Density) PRD (Planned Residential) RM (Multiple Family Residential) GC (General Commercial) RM (Multiple Family Residential) RL (Multiple Family Residential - Low Density) RL (Multiple Family Residential- Low Density) GC (General Commercial) GC (General Commercial) Restaurant, single family homes, and landscape nursery. Rezoning From GC, RM, and RL to PRD for the development of Palm Grove Village. Available via connection to an existing 8" water main in Royal Palm Blvd. And Eastview Avenue. Available via connection to an exisbng 10" sewer main in Royal Palm Blvd. And Eastview Avenue. II II ~- ~ VOL VO ~ LRAY~ ' IV.B. The item before the Board is that of making a recommendation to the City Commission on a privately sponsored rezoning from GC (General Commemial), RM (Multiple Family- Medium Density), and RL (Multiple Family- Low Density) to PRD (Planned Residential) for Palm Grove Village, pursuant to LDR Section 2.4.5(D). Pursuant to Section 2.2.2(E)(6), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. The subject property consists of Lots 1 through 5 Block "A" of the Royal Palm Gardens plat #3, Lots 8 through 11 Block "B" of the Royal Palm Gardens plat #3, all of the Royal Palm Gardens plat, Lot 5 of the Eastview plat, and all of the Harry Seemiller plat and contains 4.623 acres. The property is located at the northeast and southeast corner of North Federal Highway and Royal Palm Boulevard, within the North Federal Highway Redevelopment Area. The property at the northeast comer of North Federal Highway and Royal Palm Boulevard was annexed to the City on March 14, 1966. This property contains a 2,363 square foot restaurant (Antonio's Mama Rosa) that was built in 1968. The remainder of the property was annexed to the City on December 13, 1988. This property contains two houses that were built in 1948 and 1950 and a landscape nursery. Since annexation and construction of the restaurant there have been no further development proposals for the subject property. The property will be aggregated for a residential development consisting of 12 multiple family dwelling units fronting along Federal Highway and 34 single family houses to the east. The applicant has submitted a zoning district map change request, which is now before the Board for action. The proposal is to change the zoning designation of the property from GC (General Commercial)[0.76 acres], RM (Multiple Family- Medium Density)II.82 acres], and RL (Multiple Family- Low Density)J2.04 acres] to PRD (Planned Residential). The rezoning application includes a waiver request to the following section of the City's Land Development Regulations: 1. LDR Section 4.4.7(F)(2)(c), which requires a minimum site area of 5 acres for a PRD development project. P & Z Board Staff Report Rezoning from GC, RM, & RL to PRD for Palm Grove Village Page 2 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 the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The proposed single family residential development allowed both in the RL & RM zoning districts is not allowed within the GC (General Commercial) zoning district. The multi-family multiple family is allowed in all three districts GC, RM & RL. The proposed PRD (Planned Residential Development) allows single family and multiple family uses as principal uses per LDR Section 4.4.7(B). The PRD zoning district is consistent with the MD Future Land Use Map designation for the RL & RM parcels. It is noted the petition is accompanied by a Future Land Use Map Amendment from GC to MD for 0.76 acres of the site occupied by the restaurant. Thus, positive findings can be made regarding consistency of the FLUM and zoning contingent upon the rezoning of the property to PRD and the approval of the FLUM amendment. Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. Pursuant to LDR Section 4.4.7(H)(1), the allowed density with the PRD zoning district is based on the density allowed by the Future Land Use Map, which is 5- 12 dwelling units per acre. The applicant has submitted a conceptual plan that requests a total of 46 residential units (9.94 du/ac). The 4.623 acre parcel can have up to 55 dwelling units if built at its maximum density allowed by the MD FLUM designation (12 du/ac). The following concurrency analysis is based on the maximum density of 12 dwelling units per acre: P & Z Board Staff Report Rezoning from GC, RM, & RL to PRD for Palm Grove Village Page 3 Traffic: The trip generation according to Table 10.8-3 "Fair Share Road Impact Fee Schedule", Palm Beach County Traffic Performance Standards Ordinance for multiple family homes is 7 ADT (Average Daily Trips) and single family 10 ADT. Given this trip generation rate the development proposal would generate 550 ADT based on 55 Single family units. The existing uses (2 single family homes and restaurant) generate 214 ADT. Consequently, the total new net trips generated by the property at its maximum allowed density would be 336 new ^DT. Since the most intensive use of the property under the proposed PRD zoning district would generate greater than 200 new ADT, a traffic study would normally be required. However, the proposed residential property is located within the Palm Beach County Residential Exemption area and, therefore, is exempt from having to meet the County's Traffic Performance Standards. Given this a finding of traffic concurrency can be made. Solid Waste: The Solid Waste Authority indicates that it has capacity to serve development in the County at its current LOS of 1.99 pounds per day per capita for the life of the existing landfill, which is anticipated for 2021. The most intensive use of the property (55 single family dwelling units) would generate 109.45 tons per year. The annual solid waste generation by the 2,363 square foot restaurant is 29.42 tons per year and 3.98 tons for the two single family homes for a total of 33.4 tons annually. Consequently, the proposed rezoning will accommodate a potential increase in the solid waste generation by 76.05 tons per year. Water & Sewer: Water and sewer service is currently available to the subject property. The Delray Beach Water Treatment Plant and the South Central County Waste Water Treatment Plant both have adequate capacity to serve the City at build out. An existing 8" water main and 10" sewer main are available along Royal Palm Boulevard. Parks and Recreation: Pursuant to LDR Section 5.3.2 and the North Federal Highway Redevelopment plan, the applicant is responsible for dedicating up to a maximum of 8% of the gross site area for a neighborhood park. Given the gross acreage of the property (4.623 acres), the applicant must dedicate a maximum of 0.37 acres to the City of Delray Beach for a neighborhood park. The dedication of the park is mandated via the North Federal Highway Redevelopment Plan and LDR Section 5.3.2. The applicant has been working with staff and the Community Redevelopment Agency to appropriately locate the park and this will be further defined with the site plan submitted. Based upon the above, a positive finding with respect to concurrency can be made. P & Z Board Staff Report Rezoning from GC, RM, & RL to PRD for Palm Grove Village Page 4 Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted. Future Land Use Element Policy C-1.4: The following pertains to the North Federal Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC railroad fight-of-way to the west, the easterly boundary of the CRA to the east, George Bush Boulevard to the south, and the north City limits to the north. Properties in the corridor that front on Federal Highway pfimarily contain small- scale, strip commercial development· Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, 1999. The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property is listed on the Residential Neighborhood Categorization Map as Revitalization. The North Federal Highway Redevelopment Plan indicates that the commercial properties that front on Federal Highway lack appropriate depth. The result is a development pattern conducive to strip commercial development, which are inconsistent with the redevelopment plan. Consequently, the existing commercial property (0.76 acres) does not contain sufficient area to accommodate the neo-traditional pedestrian oriented commercial development directed by the redevelopment plan. The proposed rezoning will eliminate the commercial development. The applicant has submitted a conceptual plan that provides for multiple family units adjacent to Federal Highway consistent with the neo-traditional design concept. P & Z Board Staff Report Rezoning from GC, RM, & RL to PRD for Palm Grove Village Page 5 Since this Comprehensive Plan policy is furthered by the proposed FLUM amendment vis-a-vis a neo-traditional residential development, a positive finding can be made with respect to fulfilling a demonstrated need. Housing Element Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation pattems shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The proposed redevelopment of the commercial property to residential property will have a positive effect on neighboring residential properties as the impacts such as noise, odors, dust will decrease. Furthermore, the change from commercial zoning will eliminate a commercial property that does not meet the approved design cdteria for the North Federal Highway Redevelopment Area. The specific issues regarding compatibility between the proposed residential and existing residential will be addressed during the site plan review process. .Open Space. and Recreation Element Policy A-2.7: The City shall develop a program to establish small parks in neighborhoods. The program would include identification of vacant or surplus parcels, and strategies to assure that the neighborhood determines the parameters of the park and is responsible for construction and operating costs. Such strategies should rely heavily on existing neighborhood associations as the originating, motivating and organizing forces. As part of this development a neighborhood park set aside will be provided. This in conjunction with potential additional land acquired by the CRA will be consistent with this policy as well as the North Federal Highway Redevelopment Plan. Section 3.2.2 (Standards for Rezoninq Actions): Standards A, B and E are not applicable. The applicable performance standards of Section 3.2.2 are as follows: (c) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial zoning developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The proposed rezoning would eliminate a 0.73 acre commercial property. Therefore, the issue with respect to the concern of a strip commercial development is removed. P & Z Board Staff Report Rezoning from GC, RM, & RL to PRD for Palm Grove Village Page 6 (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following zoning designations and uses border the property: Direction Zoning Uses North GC & RM West GC South GC & RM East RM Retail & Single Family Residential Goodwill Retail Store Warehouse & Single Family Residential Multiple Family Residential (The Estuary) The conceptual plan indicates that the single family (conventionally and zero lot line) homes will be located along the east side of the property with the multiple family component oriented along Federal Highway. As noted above, the adjacent uses to the north, east and south are predominately single family and multiple family uses. That portion of the proposed development adjacent to the commercial properties on the north and south sides will be used for the multiple family units. The proposed single family homes will either be of the same intensity as the adjacent existing single family homes or less than the more intense existing multiple family units (The Estuary) to the east. Compatibility will be achieved as the intensity of use will be similar with the adjacent residential uses. The proposed multiple family component along Federal Highway is compatible with the neo-traditional design criteria envisioned by the North Federal Highway Redevelopment Plan and less intense than adjacent commercial properties. Section 2.4.5(D){5) (Rezoning Findinas): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: am That the zoning had previously been changed, or was originally established, in error; be That there has been a change in circumstances which make the current zoning inappropriate; P & Z Board Staff Report Rezoning from GC, RM, & RL to PRD for Palm Grove Village Page 7 That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant indicated in the rezoning application that the circumstances have changed in the area with respect to approval of The Estuary multiple family residential project. Furthermore, the applicant states: "Requested zoning is of similar intensity as is allowed under Land Use Map as it exists and is proposed to be amended. The density will be less than or equal to surrounding uses." Comment: The basis for which the rezoning is being sought most closely relates to Items "b" and "c". As noted previously, the North Federal Highway Redevelopment Plan indicates that the depth of commercial property could be increased in order to avoid strip commercial development. The rezoning of this property to residential will eliminate this concern. Furthermore, the PRD zoning designation will allow the development of a residential project that includes both multiple and single family residential units. The predominate uses in the area include single family homes to the north and south and multiple family residential units to the east. This urban infill project will be compatible with the adjacent properties and further to goals of the North Federal Highway Redevelopment Plan. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the development proposal. A site plan application for the proposed residential development has not been submitted. As noted in the "Project Description Section" of this report, the area of the property to be rezoned is 4.623 acres. Pursuant to LDR Section 4.4.7(F)(2)(c), a minimum site area of 5 acres is required for the overall development project. The applicant has submitted a waiver request to reduce the required lot area and is addressed below: Waiver Analysis: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, P & Z Board Staff Report Rezoning from GC, RM, & RL to PRD for Palm Grove Village Page 8 (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Given the analysis contained in this report with respect to the compatibility of the project to the surrounding area, a positive finding can be made that reduction will not adversely affect the neighboring area. The subject property is located within an urban redevelopment area and an infill project. The proposed development furthers several goals of the Comprehensive Plan and North Federal Highway Redevelopment plan. Finally, the applicant has expressed the desire to have Royal Palm Boulevard abandoned by the City as this street would then only serve the resident's of Palm Grove Village and The Estuary. The abandonment of the right-of-way appears to provide the minimum 5 acre site. Similar circumstances on other properties would lead to the same conclusion. Based on the above, a positive finding with respect to LDR Section 2.4.7(B)(5), waiver findings can be made. The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority) and HPB (Historic Preservation Board). Community Redevelor~ment Aqencv {C ,RA): The CRA reviewed the rezoning at its meeting of January 10, 2002 and recommended approval subject to dedication of the neighborhood park land. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · La Hacienda · North Palm Trail · Kokomo Key · Seacrest · PROD · City of Gulfstream · Presidents Council P & Z Board Staff Report Rezoning from GC, RM, & RL to PRD for Palm Grove Village Page 9 The rezoning from GC (General Commercial), RM (Multiple Family - Medium Density), and RL (Multiple Family - Low Density) to PRD (Planned Residential) is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The proposal is consistent with the North Federal Highway Redevelopment Plan, as it will provide the desired economic stimulation and investment in the area, and results in the redevelopment of property designated revitalization. Positive findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). A positive finding with respect to the reduction of the site area, LDR Section 2.4.7(B)(5) (Waiver Findings), can be made since the reduction will not adversely affect the surrounding area and it will allow for urban redevelopment of an infill project located within a designated revitalization area. A. Continue with direction. Recommend approval of both the waiver request based on positive findings with respect to LDR Section 2.4.7(B)(5) (Waiver Findings) and the rezoning request from GC, RM, and RL to PRD (Planned Residential) for Palm Grove Village, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5) (Rezoning Findings). Recommend denial both of the waiver request based on failure to make positive findings with respect to LDR Section 2.4.7(B)(5) (Waiver Findings) and the rezoning request from GC, RM, and RL to PRD (Planned Residential) for Palm Grove Village, based upon a failure to make positive findings with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings) that the rezoning does not fulfill one of the reasons for which a rezoning should be sought. By separate motions: Approve a waiver to LDR Section 4.4.7(F)(2)(c), which requires a minimum site area of 5 acres for the overall development project based on positive findings with respect to LDR Section 2.4.7(B)(5). Recommend to the City Commission approval of the rezoning from GC, RM, and RL to PRD (Planned Residential) for Palm Grove Village, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land P & Z Board Staff Report Rezoning from GC, RM, & RL to PRD for Palm Grove Village Page 10 Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attachments: El Location/Zoning Map El Boundary Survey Prepared by: Scott Pape, Senior Planner CF TENNtS COUR TS GU~.f.~ PLUMOSA ELEMENTARY SCHOOL CF O~LRA LOST TOWN OF ULF STREAM ST HNCEN~$ CHURCH WATERWAY NORTH CONDO THE CONDO CITY OF DELRAY BEACH. FL PLANNING & ZONING DEPARTMENT PALM GROVE VILLAGE ZONING DISTRICT MAP AMENDMENT FROM. GC .~neral C-ommerciah TO: PRD (Planned Residential Developme RM tMultiple Family Residential- Medium Density; RL (Mull~ple Family Residential - Low Density) -- ~lG/FA~ ~,45E' ~b° SFSFE'M -- MAP REF LM576 TO: THRU: FROM: SUBdECT: PAUl DORLI/"~"~' "'N(~,~:~-I~TOR OF "L~ ,JEFFREY A. COSTELLO, PRINCIPAI.~~'~rI~~'~* MEETING OF FEBRUARY 19, 2002 AMENDMENT TO LDR SECTION 5.3.1(D)(4)(a) REGARDING APPEALS OF REQUIRED RIGHT-OF-WAY DEDICATIONS TO THE BOARD OF CONSTRUCTION APPEALS. This amendment is being processed to refer an appeal of a right-of-way dedication requirement to the appropriate approving body, the City Commission, rather than the Board of Construction Appeals. The Board of Construction Appeals was created to provide an avenue for relief, when warranted, from provisions of certain building and construction codes. The Board has authority to take action on building code related items (Chapter ? of the Land Development Regulations). Chapter 5 of the Land Development Regulations pertains to subdivisions, for which final action rests with the City Commission. Further, LDR Section 2.4.7(E) (Appeals) states that the appeal of an administrator shall be forwarded to the Board for which such power has been granted, and an appeal of an approving board's action shall be made to the City Commission. Based upon the above, the appeal of an administrator's decision relating to Chapter 5, which does not involve a development board action, would be forwarded to the City Commission. Therefore, the following language change to LDR Section 5.3.1(D)(4)(a)is proposed: a) The reduction is supported by the City Engineer. Nonsupport by the City Engineer may be appealed to the ~cc;d cf Cc,".ct,"..'ct~c,", ~,F.P, cc!= City Commission. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. This amendment is being made for "housekeeping" purposes. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. The Planning and Zoning Board held a public hearing regarding this item at its meeting of January 28, 2002. There was no public testimony regarding the amendment. After discussing the item, the Board voted 7-0 to recommend to the City Commission approval of the proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M). By motion, approve the amendment to LDR Section 5.3.1(D)(4)(a), based upon the findings and recommendation of the Planning and Zoning Board, setting a public hearing date of March 5, 2002. Attachment: Ordinance by Others S :/Plannlng&Zoning/Boards/CityCommission/LD RBoardofConstructionAppeals / ~' d ORDINANCE NO. 09-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING ARTICLE 5.3, "DEDICATION AND IMPACT REQUIREMENTS", SECTION 5.3.1(D)(4), "REDUCTION IN WIDTH", TO REFER AN APPEAL OF A RIGHT- OF-WAY DEDICATION REQUIREMENT TO THE CITY COMMISSION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on January 28, 2002 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 5.3, "Dedication and Impact Requirements", Section 5.3.1(D)(4), "Reduction in Width", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (4) Reduction in Width: A reduction in the required right-of-way width established in Subsection (D)(2), above, may be granted by the body having the approval authority of the associated development application in developments in which new streets are created. For existing streets, reductions in right-of-way width may be granted by the City Engineer upon a favorable recommendation from the Development Management Services Group (DSMG). Reductions in the required right-of-way width may be granted pursuant to the following: (a) The reduction is supported by the City Engineer. Nonsupport by the City Engineer may be appealed to the ~'-'--'~ '-~ r-,,,,o+,.,,.,~,,,, ^ .... ~o City Commission. (b) That requiring full dedication would constitute a hardship in a particular instance and that all required improvements will be provided in a manner which will not endanger public safety and welfare. (c) That acceptable, alternative provisions are made to accommodate features which would otherwise be accommodated within the right-of-way e.g. alternative drainage systems, alternative pedestrian walkways, alternative on-street parking, etc. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. the PASSED AND ADOPTED in regular session on second and final reading on this ~ day of ,200 ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD. NO. 09-02 MEETING OF: JANUARY 28, 2002 AGENDA ITEM: IV.G. AMENDMENT TO LDR SECTION 5.3.1(D)(4)(a) REGARDING APPEALS OF REQUIRED RIGHT-OF-WAY DEDICATIONS TO THE BOARD OF CONSTRUCTION APPEALS. The item before the Board is an amendment to LDR Section 5.3.1(D)(4)(a) regarding appeals of required right-of-way dedications to the Board of Construction Appeals, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. This amendment is being processed to refer an appeal of a right-of-way dedication requirement to the appropriate approving body, the City Commission, rather than the Board of Construction Appeals. LDR Section 5.1.3(D)(4) relates to reductions of right-of-way widths and states the following: (4) Reduction in Width: A reduction in the required fight-of-way width established in Subsection (D)(2), above, may be granted by the body having the approval authority of the associated development application in developments in which new streets are created. For existing streets, reductions in fight-of-way width may be granted by the City Engineer upon a favorable recommendation from the Development Management Services Group (DSMG). Reductions in the required fight-of-way width may be granted pursuant to the following: The reduction is supported by the City Engineer. Nonsupport by the City Engineer may be appealed to the Board of Construction Appeals. That requiring full dedication would constitute a hardship in a particular instance and that all required improvements will be provided in a manner which will not endanger public safety and welfare. That acceptable, alternative provisions are made to accommodate features which would otherwise be accommodated within the fight- of-way e.g. alternative drainage systems, alternative pedestrian walkways, alternative on-street parking, etc. IV.G. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Appeals of Right-of-Way Dedications Page 2 The Board of Construction Appeals was created to provide an avenue for relief, when warranted, from provisions of certain building and construction codes. The Board has authority to take action on building code related items (Chapter 7 of the Land Development Regulations). Chapter 5 of the Land Development Regulations pertains to subdivisions, for which final action rests with the City Commission. Further, LDR Section 2.4.7(E) (Appeals) states that the appeal of an administrator shall be forwarded to the Board for which such power has been granted, and an appeal of an approving board's action shall be made to the City Commission. Based upon the above, the appeal of an administrator's decision relating to Chapter 5, which does not involve a development board action, would be forwarded to the City Commission. Therefore, the following language change to LDR Section 5.3.1(D)(4)(a) is proposed: The reduction is supported by the City Engineer. Nonsupport by the City Engineer may be appealed to the ~,,~,w ,,~ r,,,,,,,~,,,~,~,~,, ~ .... ~" City Commission. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. This amendment is being made for "housekeeping" purposes. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. By motion, recommend to the City Commission approval of the amendment to LDR Section 5.3.1(D)(4)(a), based upon positive findings with LDR Section 2.4.5(M). '[ITY JIF DELRI:IY BEI:I[H CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE $61/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line, 561/243-7091 1993 DATE: February 13, 2002 MEMORANDUM TO: FROM: City Commission __-.---- Brian Shutt, Assistant City Attorney SUBJECT: Amendin.q LDR Section 2.4.4(F)(4) "Liti.qation Preventin,cl Construction" Ordinance No. 10-02 is correcting Ordinance No. 59-01 to make clear the intent of that ordinance. On December 4, 2001 the Commission passed Ordinance No. 59- 01 that provided extensions on development approvals if a lawsuit was filed against a developer, owner or applicant, if the purpose of such lawsuit was to halt construction of the development. The intent of Ordinance No. 59-01 was to also include lawsuits filed against the City, however, reference to the City was inadvertently left out of Ordinance No. 59-01. This Ordinance corrects the scrivener's error. By copy of this memo to David Harden, please place this item on the February 19, 2002 City Commission agenda. Please call if you have any questions. CC: -David Harden, City Manager Barbara Garito, City Clerk Paul Dorling, Director of Planning & Zoning ORDINANCE NO. 10-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.4, "GENERAL PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND DEVFJ.OPMENT APPLICATIONS", SUBSECTION (F), "EXTENSIONS", BY AMENDING PARAGRAPH (4), "LITIGATION PREVENTING CONSTRUCTION", TO PROVIDE FOR EXTENSIONS WHEN LITIGATION IS FILED AGAiNST THE CITY TO PREVENT CONSTRUCTION RELATING TO A DEVELOPMENT APPROVAL; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission adopted Ordinance No. 59-01 on December 4, 2001 providing for the extension of the development approval when litigation is filed against the developer, owner or applicant challenging the granting of a development approval by the City; and WHEREAS, as lawsuits are also filed against the City and not the developer, owner or applicant in an attempt to prevent construction, and the intent of Ordinance No. 59-01 was to also provide for an extension if a lawsuit was filed against the City on a development approval in order to prevent construction. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 2.4, "General Procedures", Section 2.4.4, "General Procedures Pertaimng to Approval of Land Use and Development Applications", Subsection (F), "Extensaons", by Amending Paragraph (4), "Litigation Preventing Construction", to read as follows: Section 2.4.4 General Procedures Pertaining to Approval of Land Use and Development Applications. (F) Extensions: Extensions may be granted to a previously approved application listed under Subsection (E)(2) pursuant to the following: (4) Litigation Preventing Construction: When a lawsuit is filed against the City. a developer, owner or applicant challenging the granting of a development approval by the City as listed under Subsection 2.4.4(E)(2), an extension of the development approval shall be granted without further review. The extension of time shall be effective until the litigation is concluded. Provided, however, in no event shall the extension of time exceed seven 57) years from the initial date of approval of the development application. If the litigation is not resolved within a maximum of seven C'/) years from the initial date of approval, the developer, owner or applicant shall be required to follow Section 2.4.4(F)(1), (2) or (3). The litigation shall be deemed to be concluded after all appeals have been exhausted and a Final Order/Decision from the Court having jurisdiction over the matter has been entered. This subsection does not apply to lawsuits filed by the developer, owner or applicant against some other party, nor does it apply in any way to allow the developer, owner or applicant to extend the 18 month deadline because of financial issues. However, in order to be eligible for an extension of time, the developer, owner or applicant seeking an extension must send written notification and documentation that shows ongoing litigation to the City w~thin 30 days of the service of the suit, .unless the City is a party to the suit. Except that, subsection 2.4.4(F)(4) shall also apply to those development applications that were approved by the City prior to the adoption date of this ordinance, which approval is still valid in that the approval period has not expired, but construction has not commenced as litigation over the approval of the development application has prevented the commencement of construction. In order to qualify under this exception provided for in this paragraph, the developer, owner or applicant must provide the required notification/documentalaon to the City within 30 days of the adoption of this ordinance. ,Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of ,200 ATTEST M A Y O R City Clerk First Reading Second Reading 2 ORD. NO. 10-02