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Agenda Reg 08-06-02City of Delray Beach Regular Commission Meeting Tuesday. August 6. 2002 Regular Meeting 6:00 p.m. Public Heatings 7:00 p.m. Commission Chambers Deltay Beach City Hall 100 NW l~t Avenue Delray Beach, Florida Phone: (561) 243-7000 Fax: (561) 243-3774 RULF.,8 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 w/th the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: 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. Ce Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any offcial 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 appropr/ate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURE~ 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 furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 2. 3. 4. 5. ROT.T. C~T.T.~ INVOCATION. PLEDGE OF ALLEGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: · July 16, 2002 - Regular Meeting PROCLAMATIONS: City of Delray Beach Firefighter Appreciation Week - August 26a - September 2, 2002 Prostate Cancer Awareness Month - September 2002 PRESENTATIONS: Public Arts Task Force - Richard McGloin CONSENT AGENDA: City Manager Recommends Approval. 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 July 18, 2002, RESOLUTION NO. $9-O2/ABANDONMENT OF UTILITY EASEMENT/BLOCK 36: Approve the abandonment of a 16-foot utility easement within Block 36, less the west half (W.1/2) of the 16-foot utility easement lying east of and adjacent to the east line of Lots 16 through 21, located on the north side of West Atlantic Avenue, between N.W. 34 Avenue and N.W. 4~ Avenue. RESOLUTION NO. 66-02: Approve Resolution No. 66-02 abandoning the east- west alley and a portion of the north-south alley within Block 28, Town of Delray Plat, located between N.W. 4~ Avenue and N.W. 5m Avenue. Do ACCEPTANCE OF A RIGHT-OF-WAY DEED/PROSPERI: Approve and accept a right-of-way deed with Mr. and Mrs. Prosperi regarding construction of a warehouse located adjacent to Wallace Drive, just south of Georgia Avenue. FINAL SUBDM$ION PLAT APPROVAL/ATLANTIC GROVE: Approve the subdivision plat for Atlantic Grove, located just north of West Atlantic Avenue, between N.W. 5m Avenue and N.W. 3~ Avenue. 08-06-20O2 Fo H0 J0 L0 N0 O° HAMMOCK RESERVE HOMEOWNERS' ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT; Approve an agreement between the City and Hammock Reserve Homeowners' Association allowing the Dekay Beach Police Depa~m,ent to enforce local and state traffic laws on its property. CITY OF DELRAY BEACH/PALM BEACH COUNTY FUNDING AGREEMENT: Approve an agreement between the City and Palm Beach County in an amount not to exceed $250,000.00 for the Southwest Area Improvements Project. AMERICAN SOCIETY OF COMPOSERS. AUTHORS. AND PUBLISHERS (ASCAP)/LICENSE AGREEMENT: Approve a license agreement between the City and the American Society of Composers, Authors, and Publishers, (ASCAP) for local government protection regarding copyright infringement, when music is played at public venues. 2002 LOCAL LAW ENFORCEMENT BLOCK ~;RANT (!J-EBG); Approve acceptance and the proposed allocation of the 2002 Local Law Enforcement Block Grant in the amount of $172,320.00 with a City match of funds in the amount of $19,145.00 for a total amount of $191,465.00. MODIFICATION TO DEP CONTRACT FOR FUNDING RELATING TO THE YEAR 2002 BEAC, H NOURISHMENT PRO_IECT; Approve a reduction in the Florida Depatunent of Environmental Protection 0DEP) contract #99PB2 in the amount of $120,000.00 for the construction phase of the Beach Nourishment Project. EXTENSION OF OCCUPANCY AGREEMENT/PIOUS SOCIETY: Approve the Pious Society's request to extend their occupancy on City-owned property until October 31, 2002; contingent upon the accessibility of the property to the City and its authorized designees for inspections, required studies, and tests. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FUNDING/RECLAIMED WATER SYSTEM EXPANSION: Authorize funding in the amount o£ $24,000.00 to South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) for preparation of a federal funding request package regarding the Reclaimed Water System Expansion proiect. Funding is available from 441-5181-556-65.95 (SCRWTB Reuse System Expansion). AMENDMENT TO BOARD OF CONSTRUCTION APPEALS RULES: Approve revisions to the Board of Construction Appeals Rules incorporating the recently adopted procedures for quasi-judicial hearings. AMENDMENT TO HISTORIC PRESERVATION BOARD RULES: Approve revisions to the Historic Preservation Board Rules incorporating the recently adopted procedures for quasi-judicial heatings. CODI~ ENFORCEMENT BOARD RULES: Approve revised General Rules of Procedure for the Code Enforcement Board as adopted by that board on May 14, 2002. O8-O6-2O02 R0 RESOLUTION NO. 64-02 / RESOLUTION NO. 65-02: Consider approval of Resolution No. 64-02 and Resolution No. 65-02 authorizing the City to purchase properties for drainage retention located in the 400 block of S.W. 7th Avenue, and Contract for Sale and Purchase between the City and Alan Klasfeld in the mount of $13,500.00 per lot. HOUSING REHABILITATION GRANT\CONTRAI3q' AWARD; Approve cancellation of Housing Rehabilitation grant\contract award to South Florida Construction (44 NW 8~h Avenue) and authorize the Purchasing Division to liquidate the balance of the purchase order. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 15, 2002 through August 2, 2002. AWARD OF BIDS AND CONTRACTS: Purchase award to DGG Taser Company (sole provider) in the amount of $46,663.80 for the purchase of sixty (60) M-26 Advanced Air Tasers for the Police Depaxh,,ent. Funding is available from 115-2112-521-49.90 (Federal Asset Forfeiture Account). Purchase award to Lawmen's and Shooters' Supply, Inc. in the amount of $19,547.22 for the purchase of forty-five (45) Stinger Spike Systems and twenty- five (25) repair kits for newly purchased vehicles under the Police Depaxlment's 'Wake Home Vehicle Program". Funding is awiluble from 115-2112-52149.90 (Federal Asset Forfeiture Account). Contract award to Johnson-Davis, Inc. in the amount of $745,000.00 for the LWDD L-30 Canal Culvert. Funding is available from 334-6120-519-63.90 for $706,000.00 (General Construction Fund/New High School Site/Other Improvements) and 442-5178-536-63.50 for $39,000.00 (Water/Sewer Renewal & Replacement/Water Mains). REGULAR AGENDA: CONDITIONAL USE REOUEST/P3A. J~IN ACADEMY: Consider a request for conditional use approval to allow the establishment of a private school, Paladin Academy within Lake Ida Plaza, located at the southwest comer of Lake Ida Road and Congress Avenue. (Quasi-JuclicialHeating) Bo CONDITIONAL USE REOUEST/JOURDAN'$ BRIDGE CLUB: Consider a request for conditional use approval to allow the establishment of Jourdan's Bridge Club within a 5,000 square feet bay of the Delray Square Phase II Shopping Center, located on the east side of Military Trail, approximately 650 feet north of Atlantic Avenue. ((~uasi-Juc~'cl'al Heading) 08-06-2002 Co Eo Fo G° FINAL SUBDIVISION PLAT APPROVAL/CRUZAN CORNER: Consider approval of the subdivision plat for Cruzan Comer, located just south of N.W. 7th Street, between N.W. 4m Avenue and (abandoned) N.W. 3~a Avenue. ROOTS CULTURAL FESTIVAL: Consider a request to allow the Roots Cultural Festival, Inc. to charge a fee for the use of parking in the lots on the north side of City Hall on August 10, 2002 and August 11, 2002. LICENSE AGREEMENT/BAKA ENTERPRISES. INC: Consider approval of a license agreement with BAKA Enterprises, Inc. for the use of Tennis Center Stadium, Clubhouse, and Community Center from 9:00 a.m. on September 27, 2002 through 6:00 p.m. on September 30, 2002. ARCHITECT/MUNICIPAL GOLF COURSE: Consider negotiations with Ward Northrop to provide architectural improvements at the Municipal Golf Course. authorizing contract services for needed REOUEST TO REDUCE LIENS/MARTHA OSBOLIRNE: Consider a request to reduce liens on a vacant lot acquired by Martha Osboume located in the 100 Block of N.W. 1 l th Avenue. The liens currently total $2,802.00; Ms. Osboume is prepared to pay the remaining lien of $1,552.00, which includes the City's out-of-pocket expenses. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Ratify the appointment of Richard Sheremeta as the Do~rato~n Development Authori(y representative on the Parking Management Advisory Board to fill a two (2) year term ending August 1, 2004. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint three (3) regular members to the Board of Adjustment for a term ending August 31, 2004. Based upon the rotation system, the appointments will be made by Commissioner Perlman (Seat gl), Commissioner Archer (Seat #2), and Commissioner Levinson (Seat #3). APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint five (5) regular members to the Board of Construction Appeals for two-year terms ending August 31, 2004. Based upon the rotation system, the appointments will be made by Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Schmidt (Seat #5), Commissioner Perlman (Seat gl), and Commissioner Archer (Seat #2). APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement Board to fulfill an unexpired term ending January 14, 2004. Based upon the rotation system, the appointment will be made by Commissioner Archer (Seat #2). 08-06-2002 10. Lo 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 for a one (1) year term. Based on the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). PUBLIC HEARINGS: ORDINANCE NO, $$-02 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations to modify the definition and regulations pertaining to substance abuse treatment facilities and amending Section 4.4.6 Medium Density Residential (RM) district by removing residential alcohol and drug treatment facilities as a conditional use. If passed, a second public heating will be scheduled for August 20, 2002. ORDINANCE NO. 25-02: An ordinance adopting a Future Land Use Map Amendment (Small-Scale) from CMR (Commerce) in part and GC (General Commercial) in part to CMR (Commerce) and rezoning from MIC (Mixed Industrial and Commercial) in part and GC (General Commercial) in part to MIC (Mixed Industrial and Commercial) for a 1.80 acre parcel of land located at the northwest comer of West Atlantic Avenue and Interstate-95 known as Depot Square Historic Site (former train station - 80 Depot Avenue). Quasi-/ach'cid (as to zonhag) Pubic Heating CONDITIONAL USE REOUEST: Consider a conditional use request to allow the establishment of a monument and ornamental stone cutting facility for Natural Stone Fabrication, located at the northwest comer of West Atlantic Avenue and Interstate-95 0mown as Depot Square Historic Site). QuaM-Juch'cial Heardt~g Co COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL AI~'TION PLAN (FY 2002 - 2003): Consider approval of the Community Development Block Grant (CDBG) Annual Action Plan required by the Housing & Urban Development (HUD) Depaglii,ent of the United States for utilization of grant funds. ORDINANCE NO. 31-02: An ordinance annexing eleven parcels of land (54.5 acres) located north of Lake Ida Road, between Barwick Road and Military Trail. E0 ORDINANCE NO. 32-02: An ordinance annexing a 34.6 acre parcel, the Winterplace Subdivision (now known as The Colony at Delray Beach), located at the southeast comer of Military Trail and the LWDD L-30 Canal. -6- 0806-2002 11. 12. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOI.LOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. FIRST READINGS: ORDINANCE NO. 35-02: An ordinance mending the Future Land Use Map (small-scale) from County MR-5 (Medium Residential 5-units per acre) to City LD (Low Density Residential 0-5 du/ac) and annexation with initial zoning of R-I-AAA (single Family Residential) for the Koeser Residence, located on the west side of Barwick Road, approximately 260 feet north of the L-31 canal (13341 Barwick Road). If passed, a quasi-judicial (as to zoning) public hearing will be scheduled for August 20, 2002. B0 ORDINANCE NO. 36-02: An ordinance rezoning from R-l-AA (Single Family Residential) to RM (Multiple Family Medium Density Residential) a parcel of land located on the south side of S.E. 52 Street, approximately 160 feet east of S.E. 6th Avenue (Federal Highway). If passed, a quasi-judicial public hearing will be scheduled for August 20, 2002. C0 ORDINANCE NO. 34-02: An ordinance mending Chapter 35, "Employee Policies and Benefits" of the City Code of Ordinances by enacting Section 35.056 "Designation of Personnel as Critical to Security". If passed, a public hearing will be held on August 20, 2002. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission -7- 08-06-2002 JULY 16~ 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 6:02 p.m., Tuesday, July 16, 2002. 1. 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 City Attomey Susan A. Ruby City Clerk Barbara Garito e House. The opening prayer was delivered by Rabbi Suzanne Carter with the Tzedakah e The Pledge of Allegiance to the flag of the United States of America was given. e AGENDA APPROVAL. Mayor Schmidt noted the addition of Item 9.G. Purchase of Properties and Item 9.H. Resolution No. 63-02 to the Regular Agenda by addendum. In addition, Mayor Schmidt noted that the Commission should have copies of ordinances for Items 12.A. & 12.B. which were inadvertently left out of the Agenda packets. The City Attorney stated that there is a change to Item 8.A. Resolution No. 55-02 of the Consent Agenda and noted the addition of condition #4 as listed on Page 5 of the Planning and Zoning Board Staff Report relating to the erection of a gate requiring the permission of the Estuary property owners. Ms. McCarthy moved to approve the Agenda as amended, 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. APPROVAL OF MINUTES: Mr. Perlman moved to approve the Minutes of the Regular Meeting of July 2, 2002, 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. Mrs. Archer moved to approve the Minutes of the Special Meeting of July 9, 2002, seconded by Mr. Levinson. 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. PROCLAMATIONS: None. PRESENTATIONS: 7.A. Hamlet Country Club Donation: Delray Beach Fire Rescue and Delray Beach Police - Perry DonFrancisco Perry DonFrancisco, owner of Boston's Restaurant, stated the Hamlet Country Club hosts an annual charity event during the month of March and was completed with a golf tournament and branch. Mr. Francisco stated this year the Hamlet chose to donate funds to the Delray Beach Police, Delray Beach Fire Department and a portion to the Delray Citizens for Delray Police. Mr. DonFrancisco introduced Mr. Stanley List, President of the Hamlet who presented further details on the generous contributions his community has gifted to the City of Delray Beach. Stanley List, President of the Hamlet, stated $5,000 is being donated to the Delray Beach Public Library, $15,000 to the Police Department, $15,000 to the Fire Department, and $4,000 to the Delray Citizens for Delray Police. Mr. List stated he hopes to do this on a continuing basis every year and raise additional funds. At this point, Mr. DonFrancisco presented Chief Larry Schroeder with a check in the amount of $15,000 and presented Fire Chief Kerry Koen with a check in the amount of $15,000. Chief Koen stated he is delighted that this event has been so successful and thanked all the residents in the Hamlet for their continued support and generous donation. Chief Schroeder also thanked the Hamlet for their generous donation. On behalf of the City Commission, Mayor Schmidt thanked Mr. List and the residents of the Hamlet for their tremendous generosity. 7oCo Distineuished Budget Award Mayor Schmidt presented Joseph Safford, Finance Director, with the Distinguished Budget Award. Mr. Safford came forward to accept the award. -2- 07/16/02 CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 55-02: Approve Resolution No. 55-02 abandoning a portion of Royal Palm Boulevard, located on the east side of north Federal Highway, approximately 3,600 feet south of Gulf Stream Boulevard, in conjunction with Old Palm Grove Development. The caption of Resolution No. 55-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF ROYAL PALM BOULEVARD RIGHT-OF-WAY, LYING EAST OF FEDERAL HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT AND AN INGRESS/EGRESS EASEMENT FOR PUBLIC ACCESS OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 55-02 is on file in the City Clerk's office.) 8.B. RESOLUTION NO. 61-02/VANTAGE CARE RETIREMENT HEALTH SAVINGS PLAN: Approve Resolution No. 61-02 adopting the Vantage Care Retirement Health Savings Plan. The caption of Resolution No. 61-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A RETIREMENT HEALTH SAVINGS PROGRAM; PROVIDING FOR CONFLICTS; SUPERSEDING AND REPEALING PREVIOUS PLANS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 61-02 is on file in the City Clerk's office.) 8.C. RESOLUTION NO. 62-02/ABANDONMENT AND ACCEPTANCE OF UTILITY EASEMENTS/DELRAY LINCOLN MERCURY: Approve Resolution No. 62-02 abandoning a portion of a 12 foot wide water distribution easement lying within tract "A" of Delray Lincoln Mercury Plat No. 2, and acceptance of a 12 foot wide water distribution easement deed located approximately 20 feet to the north. The caption of Resolution No. 62-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND -3- 0~16~2 ABANDONING A PORTION OF A 12 FOOT WATER DISTRIBUTION EASEMENT LYING WITHIN TRACT "A" OF DELRAY LINCOLN MERCURY PLAT NO. 2 (PB 82, PGS 14- 15), AS MORE PARTICULARLY DESCRIBED BY EXHIBIT (The official copy of Resolution No. 62-02 is on file in the City Clerk's office.) 8.D. SERVICE AUTHORIZATION NO. 2/KIMLEY-HORN~ INC.: Approve Service Authorization No. 2 to Kimley-Hom, Inc. for the design of Seacrest Neighborhood Improvements Phase IV in the amount of $111,000.00. Funding is available from 370-3162- 541-65.43 (Lake Ida Road North). 8.E. FINAL SUBDIVISION PLAT APPROVAL/ANTIQUE EXPERIENCE: Approve thc boundary plat for Antique Experience, located on thc southeast comer of S.E. 5th Avenue and East Atlantic Avenue. 8.F. CHANGE ORDER NO. 2/FINAL PAYMENT/GTE BUILDERS, INC.: Approve Change Order No. 2 in the amount of $9,617.94 and final payment in the amount of $65,583.45 to GTE Builders, Inc. for the City Marina Improvements and Sarah Gleason Park Improvements Project. Funding is available from 334-4181-572-63.90 (General Construction Fund/Other Improvements). 8.F. CHANGE ORDER NO. 2/FINAL PAYMENT/ROSSO PAVING & DRAINAGE~ INC.: Approve Change Order No. 2 in the deduct amount of $48,989.85 and final payment in the amount of $35,489.91 to Rosso Paving & Drainage, Inc. for the NW 18th Avenue Improvements Project. Funding is available from 442-5178-536-63.90 for $25,685.70 (Water & Sewer/Other Improvements) and 334-6111-519-46.90 for $23,304.15 (General Construction Fund/Other Improvements). 8oGo THIRD AMENDMENT TO PALM BEACH COUNTY/WEED AND SEED PROGRAM AGREEMENT: Approve Amendment No. 3 to the Interlocal Agreement between the City of Delray Beach and Palm Beach County for the Weed and Seed Program, extending the City's services as fiscal agent until September 30, 2003. 8.H. AMENDMENT TO SOUTH PALM BEACH COUNTY PUBLIC SAFETY COMMUNICATIONS COOPERATIVE/PALM BEACH COUNTY AGREEMENT: Approve Amendment No. 2 to the interlocal agreement between the South Palm Beach County Public Safety Communications Cooperative and Palm Beach County for use of a portion of the County's Tmnked Radio System (SmartZone Controller). 8.1. RCC CONSULTANTS~ INC. AGREEMENT: Approve an agreement between the City and RCC Consultants, Inc. in the amount of $22,299.00 for the development of a licensing package for two (2) additional frequencies on the 800 MHz communications system and consulting services. -4- 07/16/02 8.J. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/ GOODISON PARK ESTATES: Authorize the City to act as the utility permit applicant for the construction of a water main extension within the state right-of-way (south of Linton Boulevard and on the east side of A-l-A) and approve a Hold Harmless Agreement with the developer (L.D.J.B. Development, L.L.C.). 8.K. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve fund subsidies for four (4) eligible applicants/families in the amount of $21,285.00 for 3302 Spanish Wells Drive C, $19,238.00 for 2809 Zorno Way #3-A-2, $21,375.00 for NW 5th Avenue, and $18,226.00 for NW 6th Avenue. This brings the number to 147 homeowners assisted under the Renaissance Program. Funding is available from 118-1924-554-83.01 (SHIP Program). 8oL. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 1, 2002 through July 12, 2002. AWARD OF BIDS AND CONTRACTS: 1_ Contract award to Pioneer Contracting, Inc. in the amount of$116,886.55 for the Delray Shores Enhancements - Udell Lane Project. Funding is available from 334-6111-519-63.89 (Neighborhood Enhancements). 2_ Contract award to Conquest Engineering, Inc. in the amount of $304,534.00 for the Seacrest Neighborhood Improvements Phase III, Water Main Upgrades project. Funding is available from 442-5178-536-65.03 (Seacrest/Del-Ida). 3_ Purchase award to Fisher Scientific Company in the amount of $46,560.00 via the Broward Co-op Bid for replacement fire fighting personal protective clothing. Funding is available from 001-2311-522-52.22, 001-2313- 522.52.22, 001-2315-522.52.22, and 001-2317-522.52.22 (Uniforms/Linen). Purchase award to Chemical Lime Company at an estimated annual cost of $314,241.50 via the City of Boynton Beach Co-op Bid #052-2821-02/KR for bulk quicklime for the City of Delray Beach. Funding is available fi.om 441- 5122-536-51.21 (2002-2003 Budget). Bid award to Signcraft, Inc. in the amount of $18,134.00 for the installation of seventy-one (71) signs for the Wayfinder Signs Phase II project. Funding is available fi.om 334-6111-519-64.90 (General Construction Fund/Other Machinery/Equipment). Mr. Levinson moved to approve the Consent Agenda as amended, 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. -5- 07/16/02 9-- REGULAR AGENDA: 9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/HESSLER PAINT AND DECORATING CENTER: Consider an appeal of a decision of the Site Plan Review and Appearance Board's action denying an awning for Hessler Paint and Decorating Center, located at 4591 West Atlantic Avenue. 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. The City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department Project file #2002-187 into the record. Paul Dorling, Director of Planning and Zoning, stated the subject property is located on the north side of Atlantic Avenue west of Barwick Road immediately south of the Highland Trailer Park. The building was previously occupied by a furniture store and is now occupied by Hessler Paint. The development proposal initially contained a red convex style back-lit storefront awning on the south elevation of the building. The awning is 30 feet in width and will extend five feet from the building. Mr. Dorling stated that the Planning and Zoning staff had concerns with the convex awning which actually extended above the building elevation and this was going to be the location of a sign. The recommendation was for approval with a modification of that awning to a box awning as well as a modification of the bright red that was initially proposed. The applicant provided the box awning and the red color at the Site Plan Review and Appearance Board (SPRAB) Meeting of June 26, 2002. The Board had significant discussion and significant reservations concerning the color red which would not be in compliance with LDR Section 4.6.18 and Section 4.6.7(H)(2)(b) and felt this was "garish" with respect to the color. The applicant is appealing this decision by SPRAB because he feels it is inconsistent with prior approvals of the Board to allow vibrant colors on other awnings within the City and that this is contrary to the weight of the evidence presented at the SPRAB meeting of June 26, 2002. Dan Hessler~ applicant, submitted photos into the record and stated the red that he initially submitted was a very vibrant red and the last color he submitted is more of a brownish red which he feels is equivalent to several other businesses along Atlantic Avenue. The structure was resubmitted based on what SPRAB recommended which was a box style awning. The initial awning was an arched awning that went above the roof line. Mr. Hessler stated the awning has now been brought below the roof line and he feels the biggest concern at this point is the color and not so much the structure itself. Lastly, Mr. Hessler commented that the red that is being submitted is because it is a trademark color. Therefore, he can change the -6- 07/16/02 red from a bright to a brownish red but cannot go from a red to a blue. At this point, the City Clerk swore in the following individual: Don Dolan, 660 West Clearbrook Circle, Delray Beach, expressed support for the applicant and stated he does not feel anyone in Delray Beach would be offended by the color. At this point, Mayor Schmidt asked if either staff or the applicant wish to cross examine Mr. Dolan or each other. No one wished to cross-examine one another At this point, the City Clerk swore in the following individual: Carolyn Zimmerman~ 212 S.W. 2nd Avenue~ Delray Beach~ stated the color red is okay with her and she feels that red is okay. Mayor Schmidt asked whether staff or the applicant would like to make a rebuttal. No one wished to make a rebuttal. Brief discussion followed by the Commission. Mrs. Archer stated that she lives directly across the street in the Sherwood subdivision and commented that she sees it several times a day and does not find the revised awning offensive. Mayor Schmidt concurred with comments expressed by Mrs. Archer. Mr. Perlman stated he does not have a problem with the awning or the color. Mr. Levinson concurred with comments expressed by Mr. Perlman. Mrs. Archer moved the appeal with the revised color, 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 Commission moved to Item 7.B. Ceremonial Grant Cheeks - Representative Anne Gannon. 7,8. Ceremonial Grant Checks - Representative Anne Gannon Anne Gannon, 302 S.E. 2nd Street, Delra¥ Beach, presented the City with a check in the amount of $50,000 for playground equipment at Barwick Park and a check in the amount of $107,250 for tennis courts for the Catherine Strong Center. Ms. Gannon congratulated the City and commented that the City needs to go after more of this money to improve the Parks and Recreation in the City. Mayor Schmidt accepted both checks and thanked Ms. Gannon for her support. -7- 07/16/02 9.B. ITEM REMOVED 9.C. THE FRIENDS OF SANDOWAY HOUSE NATURE CENTER~ INC.: Consider approval of a request from the Friends of Sandoway House Nature Center, Inc. to grant a temporary use permit per LDR Section 2.4.6(H) for the use of the eastern portion of the Ingraham Parking Lot from 5:00 p.m. on November 21, 2002 through noon on November 25, 2002, and use of the balance of the Ingraham Parking Lot and the Sandoway Parking Lot from 5:00 p.m. until midnight on November 23, 2002 to accommodate their annual fund-raiser; contingent on the sponsor providing liability insurance and a hold harmless agreement. Mayor Schmidt declared a conflict of interest with this item because he is on the Board of the Sandoway House. Therefore, Mayor Schmidt stepped down and passed the gavel to Vice-Mayor Perlman. Mr. Levinson moved to approve the temporary use permit for the east end of the Ingraham Parking Lot on November 21, 2002, at 5:00 p.m. through noon on November 25, 2002 at noon and use of the balance of this lot and the Sandoway Lot on November 23, 2002 from 5:00 p.m. until midnight for the Sandoway House fund-raiser contingent on the receipt of the liability insurance certificate and a Hold Harmless Agreement, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Vice-Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.D. ESTABLISHMENT OF PROPOSED MILLAGE RATE: Consider establishing the proposed millage rate for FY 2003. The City Manager stated the proposed millage rate of 8.0 mills includes proposed increases in two areas; an increase of five percent in the Occupational License Tax which was last increased in 1998, and an increase in basic Building Permit Fees of ten percent which have not been increase since 1989. The City Manager stated the total budget increase in the General Fund is $4.3 million, of that $3.2 million is salaries and benefits and of that amount $2.2 million is Police and Fire. The City Manager explained that over two-thirds of the increase of Personnel costs is Police and Fire and part of that does include adding an additional five firefighters' for Fire Station #4. Of that $2.2 million, the City Manager stated half of it comes from two items those being the increased pension costs and the additional benefit given firefighters' in their last contract of the retiree health trust in the amount of $240,000 and as far as other increases in the budget, the City Manager stated the increase in funds going to the CRA is $527,000 and the transfer to the Beautification Trust Fund will ipcrease by $210,000. The transfer to the General Construction Fund is increased by $150,000 and the City Manager stated staff will be refining the budget as the budget Heatings approach in September. For the benefit of the public, Mr. Perlman stated when the millage rate is established it cannot go any higher than 8.0 mills but it can go lower. Overall, Mr. Perlman stated he is pleasantly surprised to see the proposed millage rate the same as last year and that the property values are going to increase at a very healthy pace. Mr. Perlman stated he feels there is a need to create a Public Information position. The City Manager explained he is working with the Assistant City Manager discussing some options. The City Manager stated he recognizes this -8- 07/16/02 is a priority of the Commission and fully expects to make a proposal on both of these issues next month. Mr. Perlman commented about the pension and asked if the Pension Board is looking to mitigate with the volatility of the market or if there is something more conservative the City can do now. Mayor Schmidt stated the Pension Board has been looking at adding some options to put some of the funds into and the Board is very cognizant of volatility of the market and the affect it has on the City. Mayor Schmidt stated the Board is looking at small cap stocks versus large cap. Mayor Schmidt stated this is an area that the Police and Fire Pension Board need to review with the actuaries. The City Manager stated with regard to the General Fund Pension Plan, this increase is almost totally due to return on investment being lower than expected. In the case of Police and Fire, the City Manager stated he believes this is evenly divided between lower than expected returns and salary increases being more than the actuarial assumption. Mr. Levinson stated it is difficult to try and time the market and commented that everyone is having problems. Mr. Peflman inquired about the surplus. The City Manager stated one thing that has affected the surplus is a settlement because it was paid from the surplus and commented that the City will still be around 14-15 percent. Prior to the vote, Ms. McCarthy asked the City Manager how many months for operating costs would he like to have in reserves. In response, the City Manager stated he would like this to be approximately three months. Mr. Levinson moved to establish the proposed millage rate at 8.0 mills, seconded by Mr. Perlman. 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. 0.to APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority to fill an unexpired term ending July 14, 2004. Based on the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). Ms. McCarthy moved to appoint Joseph Bernadel as a regular member to the Delray Beach Housing Authority to fill an unexpired term ending July 14, 2004, 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- 07/16/02 9.F. APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint four (4) members to the Planning and Zoning Board for two (2) year terms ending August 31, 2004. Based upon the rotation system, thc appointments will bc made by Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Schmidt (Seat #5), and Commissioner Perlman (Seat #1). Mr. Levinson moved to appoint Diane Borchardt as a member to the Planning and Zoning Board for a two (2) year term ending August 31, 2004, 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. Ms. McCarthy moved to reappoint Kenneth Peltzie as a member to the Planning and Zoning Board for a two (2) year term ending August 31, 2004, 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. Mayor Schmidt moved to reappoint Jess Sowards as a member to the Planning and Zoning Board for a two (2) year term ending August 31, 2004, 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. Mr. Perlman moved to appoint Jillian Woehlkens as a member to the Planning and Zoning Board for a two (2) year term ending August 31, 2004, 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. 9.G. PURCHASE OF PROPERTIES: Consider approval of contracts to purchase properties located at: 2400 Owens Baker Road and Contract for Sale and Purchase between the City and James W. and E.B. Baker and Carolyn Tubbs in the amount of $149,500.00 2320 Owens Baker Road and a vacant parcel of land and Contract for Sale and Purchase between the City and Anthony E. and Laurel B. Baker in the amounts of $91,000.00 and $41,600.00 2464 Owens Baker Road and Contract for Sale and Purchase between the City and Eugene B. and Barbara M. Baker in the amount of $143,000.00 Mrs. Archer moved to approve these purchases as listed in the City Attorney's memorandum, 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. -10- 07/16/02 9.I-I. RESOLUTION NO. 63-02: Consider approval of Resolution No. 63-02 authorizing the City of Delray Beach to issue Revenue Bonds not to exceed $7,000,000 for the purpose of financing the cost of land acquisition with respect to the Barwick Land Acquisition Project with Bank of America. The caption of Resolution No. 63-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $7,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF REVENUE NOTES, SERIES 2002 (TAXABLE) (THE "NOTES"), OF THE CITY OF DELRAY BEACH, FLORIDA FOR THE PURPOSE OF FINANCING THE ACQUISITION OF CERTAIN LANDS WITHIN THE CITY OF DELRAY BEACH, FLORIDA AND ALL INCIDENTAL AND NECESSARY COSTS RELATING THERETO; DETERMINING THE NEED FOR A NEGOTIATED SALE OF SUCH NOTES TO BANK OF AMERICA, N.A. (THE "BANK"); PROVIDING FOR THE TERMS AND PAYMENT OF SAID NOTES, AND THE RIGHTS, REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SAID NOTES; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF A LINE OF CREDIT AGREEMENT WITH THE BANK; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF SAD BONDS; AND PROVDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 63-02 is on file in the City Clerk's office.) Joseph Safford, Finance Director, stated Resolution No. 63-02 is authorizing the issuance to not exceed $7 million taxable line of credit that shall be executed for the purpose of financing the cost of land acquisition with respect to the Barwick Land Acquisition Project. Mr. Safford stated the City has taken bids from Bank of America and First Union and recommends the award go to Bank of America for a three (3) year tenn. Mr. Safford stated that the proposal is to sell most of the properties located in the Barwick area maintaining some for parks and explained this is a taxable bond because it involves private properties that are going to be sold on the private market. The City Manager stated based on the current LIBOR (London Interbank Offered Rate) the interest rate will be 2.54 percent. Mr. Perlman moved to approve Resolution No. 63-02, 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. -11- 07/16/02 At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 31-02: City initiated voluntary annexation of eleven parcels of land (54.5 acres) located north of Lake Ida Road, between Barwick Road and Military Trail. If passed, a public hearing will be scheduled for August 6, 2002. The caption of Ordinance No. 31-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED SOUTH OF THE L-30 CANAL, BETWEEN BARWICK ROAD AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated the subject properties are currently located in unincorporated Palm Beach County within the City's Planning Area (Future Annexation Area, Area E). The property consists of eleven (11) parcels of land which are currently owned by the City of Delray Beach and are being processed as voluntary annexations. The proposal is to annex the property into the City, and maintain their current County Zoning of AR (Agricultural Residential) and County Future Land Use Designation of MR5 (Medium Residential, 5 units/acre). A Future Land Use Map amendment is being processed separately with Comprehensive Plan Amendment 2002-1 (02-1), in order to establish the initial City zoning of PRD (Planned Residential Development) and PC (Planned Commercial), and City Future Land Use Designations of LD (Low Density, 0-5 units/acre) and GC (General Commercial). At its meeting of May 20, 2002, the Planning and Zoning Board considered the request at a public heating. Alter reviewing the staff report and after discussion, the Board voted 6 to 0 (Randolph absent), to recommend approval. Mrs. Archer commented about the map attached to the Planning and Zoning Staff Report and asked whether or not the section that is located north of the L-31 Canal west of Barwick Road and south of 133 Road South is going to be an enclave. In response, Mr. Dorling -12- 07/16/02 explained the three properties immediately to the west of those properties currently take access through 133 Road South. Furthermore, Mr. Dorling stated the piece that is left in addition to the three parcels are an existing enclave at this time and the City is reducing that existing enclave by three parcels. Mr. Dorling stated it is important to note that these three parcels are underdeveloped properties and that they will be receiving City water and a requirement of receiving City water once they come in for redevelopment would be that they annex into the City. Brief discussion continued between Mrs. Archer and Mr. Dorling. Mr. Perlman moved to approve Ordinance No. 31-02 on FIRST Reading, seconded by Mrs. Archer. 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. 12.B. ORDINANCE NO. 32-02: City initiated voluntary annexation of a 34.6 acre parcel, the Winterplace Subdivision (now known as The Colony at Delray Beach), located at the southeast comer of Military Trail and the LWDD L-30 Canal. If passed, a public heating will be scheduled for August 6, 2002. The caption of Ordinance No. 32-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER OF THE L-30 CANAL AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 32-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated the subject property is the plat of Winterplace subdivision and was recorded in February of 2001. The site is known as The Colony at Delray Beach which contains 151 zero lot line single family homes, situated on 34.6 acres of land. This annexation is being processed as a voluntary annexation subject to a water service agreement which was dated May 8, 2000. The water service agreement contains a clause that states the property owner agrees to annex into the City when the project becomes eligible for annexation. Once these properties are annexed, this parcel will be contiguous and eligible for -13- 07/16/02 annexation. Upon annexation, the development will maintain its current County Zoning of PUD (Planned Unit Development) and County Future Land Use Map Designation of MR-5 (Medium Density - 5 units/acre). A Future Land Use Map is being processed separately with Comprehensive Plan Amendment 2002-1 (02-1), in order to establish the initial City zoning of PRD (Planned Residential Development), and City Future Land Use Designations of LD (Low Density, 0-5 units/acre). At its meeting of May 20, 2002, the Planning and Zoning Board considered the request at a public hearing. After reviewing the staff report and after discussion, the Board voted 6 to 0 (Randolph absent), to recommend approval. Staff recommends approval based upon positive findings with respect to LDR Section 2.4.5(C)(4) in that the annexation is consistent with Furore Land Use Element Objective B-3, and that it complies with Florida Statute Chapter 171.044, as the property is contiguous, reasonably compact, does not create an enclave, and that services will be provided to the subject properties in a timely and efficient manner. Mrs. Archer moved to approve Ordinance No. 32-02 on FIRST Reading, 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. At this point, the time being 6:55 p.m., the Commission took a short break. At this point, the time being 7:00 p.m., the Commission reconvened and moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 24-02 {SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations to add Public Educational Facilities of the School District of Palm Beach County as a principal use in Residential and Community Facilities (CF) zoning districts; Section 4.3.3 adding supplemental regulations for Public Educational Facilities; modifying the definition of Residential Zoning Districts; renaming Educational Facilities and clarifying that private schools and other similar educational facilities are conditional uses in certain residential zoning districts; and adding private schools and other similar educational facilities as a conditional use in the Planned Residential Development (PRD) zoning district. Prior to consideration of passage of this ordinance on Second Reading/Second Public Hearing, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 24-02: 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 4.4.1 -14- 07/16/02 "AGRICULTURE ZONE DISTRICT (A)", 4.4.2 "RURA~L RESIDENTIAL (RR) ZONE DISTRICT", SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-l) DISTRICTS", SECTION 4.4.4 "MOBILE HOME (MH) DISTRICT", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SECTION 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", AND SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", TO ALLOW PUBLIC EDUCATIONAL FACILITIES OF THE SCHOOL DISTRICT OF PALM BEACH COUNTY AS A PRINCIPAL USE PURSUANT TO REGULATIONS SET FORTH IN SECTION 4.3.3(HH); AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-I) DISTRICTS", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SECTION 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", AND SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", TO ALLOW PRIVATE EDUCATIONAL FACILITIES AS A CONDITIONAL USE SUBJECT TO THE RESTRICTIONS SET FORTH IN SECTION 4.3.3(HHH); AMENDING SECTION 4.3.3 (I-IH), "EDUCATIONAL FACILITIES", BY RENAMING THE SUBSECTION TO "PUBLIC EDUCATIONAL FACILITIES OF THE SCHOOL DISTRICT OF PALM BEACH COUNTY" AND ADDING SUPPLEMENTAL REGULATIONS FOR PUBLIC EDUCATIONAL FACILITIES; AMENDING APPENDIX "A", "DEFINITIONS" TO MODIFY THE DEFINITION OF "RESIDENTIAL DISTRICTS"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 24-02 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. Paul Dorling, Director of Planning and Zoning, stated he made a substantial presentation at the first reading of this ordinance and reiterated this for the record. In addition, Mr. Dorling stated he would like to add into the record a response with respect to some concerns voiced at the first reading with respect to compatibility with residential properties. Mr. Dorling stated the site plan approval require positive findings with respect to LDR Section 3.1.1 and Section 2.4.5(F)(5) which states: "In addition to provisions of Chapter Three, the approving -15- 07/16/02 body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values." Mr. Dorling stated there is a chance for further community input at the School Board level particularly with respect to the location of all schools including charter schools. Mayor Schmidt declared the public hearing open. Cari Podesta, representing the Coral Trace Homeowners' Association~ stated at first reading of Ordinance No. 24-02 on July 2, 2002, Henry Iler, expert Land Planner for Coral Trace, pointed out various aspects of Ordinance No. 24-02 which are inconsistent with the Comprehensive Plan. Ms. Podesta stated both the City's LDR's and State law require the City to have the LDR's consistent with the Comprehensive Plan. Ms. Podesta stated that Mr. Iler pointed out the internal inconsistencies within the City's Comprehensive Plan such as the language contained in the Future Land Use Element that permits only residential uses in various residential land use categories and the language in the public school facilities which allows schools as a permitted use within all urban residential land use categories. In conclusion, Ms. Podesta stated the Coral Trace Homeowners' Association is opposed to Ordinance No. 24-02 and urged the Commission to not support it. Gerry. Franciosa~ 939 Eve Streeh Delray Beach~ expressed concern over why the Commission would pass an ordinance which gives the School Board or the Commission the right to place a public school in any residential area in Delray Beach without any public input from City residents. Mr. Franciosa stated that he feels as elected officials that the Commission has the obligation to protect all the residents of the City from unwanted trespass upon their neighborhoods of buildings and structures which are not practical and not wanted. Mr. Franciosa urged the Commission to send this item back to the Planning and Zoning staff for further review and suggested that they add the location of a public school in certain residential areas as a conditional use. Deborah Benneth 137 Seabreeze Avenue~ Delray Beach~ stated she bought an acre of land as an investment to keep Delray as it is and to keep certain things from happening on that land. Mrs. Bennett stated by passing this ordinance she feels this would take away her rights as a property owner and is strongly opposed to this ordinance. Kenneth Carruthers~ 248 West Coral Trace Circle, Delray Beach~ stated both as an officer on the Board of the Homeowners' Association of Coral Trace and as a professional architect, he urged the Commission to vote against Ordinance No. 24-02. Barry Silver, Attorney, 7777 Glades Road, Boca Raton~ stated he feels the main problem with our schools is that wc have rampant run-a-way development because developers have been able to unfairly alter the process and cause municipal and county governments to violate their own Comprehensive Plan. The key to overcrowding is to put a limit on this over development and stop paving over thc open space. Mr. Silver urged the Commission to join with other concerned citizens and environmentalists in order to look at the big picture. Mr. Silver suggested that the Commission check with Village Academy to sec if the -16- 07/16/02 school can be relocated there instead of at Atlantic Avenue and Congress Avenue. Mr. Silver feels the children will be put in harms way at a very busy intersection and stated this is a dangerous and risky proposition. Mr. Silver continued to state that his father founded Temple Sinai and he cannot understand how the school can be compatible with the Temple. Mr. Silver continued to state that by putting the school next to Temple Sinai is not a good mix. Furthermore, Mr. Silver applauds the Commission for wanting more soccer fields but does not feel that soccer fields have to be tied into the school. Jill Denio, 308 Coral Trace Court, Delray Beach, stated the Commission has not listened to the public input and feels the Commission along with the School Board was pushed into purchasing the Tare property. Ms. Denio suggested that the City look into the possibility of selling the land and getting their money back. Ms. Denio commented about the inadequate drainage on the current Seacrest site that was not checked. Ms. Denio is opposed to the relocation of Atlantic High School and urged the Commission to do the right thing. Judy Price, 250 N.E. 16th Streeh Delray Beach~ urged the Commission to vote against Ordinance No. 24-02. Bill Wood~ President of the Delra¥ Beach Chamber of Commerce~ thanked and commended the Commission for looking out for the best interest of the entire community. He stated there have been accusations about the Commission that are both unfair and untrue. Alice Finst~ 707 Place Tavanh Delray Beach, representing the Homeowners' Leauue of Chatelaine Subdivision, stated there appears to be two issues; one issue being to get the Tare property zoned in some fashion so that it fits into the area where it is located and the other issue being what will happen to the rest of the neighborhoods throughout the community. Mrs. Finst expressed concern about the idea that someone can come into her neighborhood and purchase three homes (approximately one acre) and build a school. Mrs. Finst stated the Chatelaine subdivision would like to be exempt fi.om this, they would like to have the conditional use applied to this so that there can be public hearings, and would like a notification process. Michael Weiner~ 6678 Grande Orchid Way, Delray Beach, stated it has been a pleasure to watch this City grow over the last decade and has witnessed each of the Mayors and their Commission deal with controversial topics. For example, Mr. Weiner stated first was the nan'owing of a street and recalls when some businessmen saying it was going to ruin their business and noted it did not ruin their business. Mr. Weiner stated he also recalls a previous Mayor taking a stand with respect to the zoning code and bringing residential zoning to the downtown. Mr. Weiner stated the Commission has now taken a controversial stand and commented that the core value is to bring the City together and that there is a centrally located school. In conclusion, Mr. Weiner strongly supports the ordinance. Rita Ellis~ 512 Andrews Avenue~ Delray Beach~ expressed support for the ordinance and feels that the majority of the people who live in Delray Beach feel it is best for the entire City. Mrs. Ellis stated she received a telemarketing call in opposition of the ordinance and commented that the call was a machine which did not identify the caller. Mrs. Ellis feels the -17- 07/16/02 information given to her over the telephone was inaccurate and she encouraged the Commission to vote in favor of this amendment. Ellen Oliver Patterson~ 5031-C Nesting Way, Delray Beach, stated she has lived in Delray Beach for fifty-four years and has seen many good things happen for the community. However, Ms. Patterson stated she is opposed to Ordinance No. 24-02 and commented that it will allow for every neighborhood in the City of Delray Beach to have any kind of school placed into it. Ms. Patterson stated she feels this will open the door for potential problems and urged the Commission to reconsider. Don Dolan, 660 West Clearbrook Circle, Delray Beach, stated that this is the first Commission Meeting he has attended and although he does not know much about the school issue, he personally feels it is ludicrous to put a school at the intersection of Atlantic Avenue and Congress Avenue. Mr. Dolan stated he sympathizes with the Commission because he feels they have a very hard decision to make. Mr. Dolan continued to state nevertheless whether this ordinance is passed or not, he feels the Commission will pay for it at election time (per Mr. Dolan this is not intended as a threat). There being no one else from the public who wished to address the Commission regarding Ordinance No. 24-02, the public heating was closed. Mayor Schmidt commented that he received a telemarketing call about if this ordinance passes how it is going to decrease property values in the City. For the record, Mayor Schmidt stated that there has not been any testimony or evidence presented in both heatings to support that position. In addition, Mayor Schmidt stated in response to the people talking about having schools dropped in their neighborhoods if this passes, in the Concurrency Agreement that has been adopted by the County, the School Board, and twenty-seven other municipalities, it states that "for elementary schools, special education facilities, and alternative education facilities, proposed school sites shall have direct access to at least a minor collector road. For middle schools, the proposed site shall have direct access to at least a minor collector road. For high schools, the proposed location shall have direct access to at least a major collector road." Mayor Schmidt stated there are a limited number of those roads in the City (none of which are in Chatelaine). Mayor Schmidt stated the idea that a school is going to be deposited in the middle of a neighborhood given the Concurrency Agreement will just not happen. Mr. Levinson stated he received several calls today from residents of the City that the phone call that they received did not include the names or indication of who sent them. Fortunately, Mr. Levinson stated he has "Caller I.D." and for the benefit of the people who do not know he announced that the call was from Ms. Warmack who is running for County Commissioner. Mr. Levinson stated he would be concerned about County Commissioners or State Representatives making decisions on behalf of the School Board or the City. Mr. Levinson stated the next time if someone would like to make a telemarketing call or a call where there is no way to get through to a human being to speak to, it would be appropriate for that individual or group to identify themselves with a phone number for someone who has a question. Mr. Levinson stated the people who called him informed him that the machine has to cycle through its message and unfortunately when they hung up and picked up the phone to make another call -18- 07/16/02 they heard the message continue and continue. Thus, Mr. Levinson stated some of these people were unable to use their phones for 2-3 minutes that the message was playing. Mr. Perlman moved to adopt Ordinance No. 24-02 based upon a positive finding with LDR Section 2.4.5(M)(5) and find that the text amendment is consistent with and furthers the Goals, Objective and Policies of the City Comprehensive Plan, seconded by Mrs. Archer. 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.B. ORDINANCE NO. 25-02: An ordinance amending the Future Land Use Map Amendment (Small-Scale) from CMR (Commerce) in part and GC (General Commercial) in part to CMR (Commerce) and rezoning from MIC (Mixed Industrial and Commercial) in part and GC (General Commercial) in part to MIC (Mixed Industrial and Commercial) for a 1.80 acre parcel of land located at the northwest comer of West Atlantic Avenue and Interstate-95 known as Depot Square Historic Site (former train station - 80 Depot 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 (as to zoning) Public Hearing CONDITIONAL USE REQUEST: Consider a conditional use request to allow the establishment of a monument and ornamental stone cutting facility for Natural Stone Fabrication, located at the northwest comer of West Atlantic Avenue and Interstate-95 (known as Depot Square Historic Site). The City Manager presented Ordinance No. 25-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM CMR (COMMERCE) IN PART AND GC (GENERAL COMMERCIAL) IN PART TO CMR (COMMERCE) ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT AND MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT TO MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE NORTHWEST CORNER OF WEST ATLANTIC AVENUE AND INTERSTATE-95 (FORMER TRAIN STATION DEPOT), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, FEBRUARY, 2002"; -19- 07/16/02 PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 25-02 is on file in the City Clerk's office.) Mayor Schmidt stated the applicant has requested that this item be postponed to a date certain of August 6, 2002. Mr. Levinson moved to postpone Ordinance No. 25-02 to a date certain of August 6, 2002 as well as the Conditional Use Request, 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. 10.C. ORDINANCE NO. 27-02: An ordinance designating the S.E. O'Neal House located at 910 N.E. 2nd Avenue to the local register of Historic Places. 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. 27-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE O~NEAL HOUSE, LOCATED AT 910 N.E. 2ND AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE TO BE LISTED IN THE LOCAL REGISTER OF HISTORIC PLACES; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 2002" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 27-02 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. 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 exparte contacts were noted. -20- 07/16/02 The City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department Project File #2002-211 into the record. Mr. Dorling stated this home was constructed in 1926 and was the home of S.E. O'Neal, one of Delray's boom time settlers. Mr. Dorling stated the house is architecturally unique and is seeking a private designation. If successful, the applicant proposes to save the house and subdivide the property seeking some variances through the Historic Preservation Board. At its meeting of June 19, 2002, the Historic Preservation Board held a public hearing and the voted unanimously (7-0) to recommend approval of this designation. Mayor Schmidt declared the public hearing open and the following residents came forward to address the Commission. Mary Lou Jamison~ Chairperson of the Historic Preservation Board~ stated this is a wonderful structure of Mediterranean-Revival and is delighted to see that this is being considered for listing on thc Local Register of Historic Places and she urged the Commission to approve. John Bennett~ Progressive Residents of Delra¥ (PROD)~ P.O. Box 1301~ Delra,v Beach~ urged the Commission to support Ordinance No. 27-02. There being no one else from the public who wished to give testimony on this item, the public hearing was closed. Ms. McCarthy stated she is very pleased to see that it appears there is a more assertive move between the citizens and the Historic Preservation Board to find these homes that qualify for historic recognition and applauds their endeavors. Ms. McCarthy moved to adopt Ordinance No. 27-02 on Second and FINAL Reading, 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.D. ORDINANCE NO. 28-02: An ordinance amending Ordinance No. 70-89, regarding 615 North Ocean Boulevard, to increase the maximum floor area from 2,400 square feet to 2,650 square feet for the enclosure of a 250 square foot porch. 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. 28-02: -21- 07/16/02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 70-89 BY AMENDING SECTION 2, "REQUIREMENT OF DESIGNATION" TO INCREASE THE MAXIMUM FLOOR AREA FROM 2,400 SQUARE FEET TO 2,650 SQUARE FEET FOR THE DWELLING UNIT WHICH LIES EAST OF STATE ROAD A-1-A (615 N. OCEAN BOULEVARD); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy Ordinance No. 28-02 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 heating which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department Project File #2002-204 into the record. Mr. Dorling stated this ordinance relates to the Fox Fontaine historic designation which contains approximately 2.5 acres of land and consists of Lots 1, 2 and 3 of the Ocean Apple Estates Plat and the south 10' of Lot 3 (lying east of A1A) of the Palm Beach Shore Acres Plat. The properties are located approximately 900' south of George Bush Boulevard between Andrews Avenue and the Atlantic Ocean. Lot 1 is on the east side of Ocean Blvd. (615 N. Ocean Blvd.) while lots 2 and 3 are on the west side of Ocean Blvd. (610 N. Ocean Blvd.) between N. Ocean Blvd. and Andrews Avenue. The lot on the east side of North Ocean Blvd. (Lot 1) contains a modem 2,400 square foot home, which was constructed in 1992. Mr. Dorling stated the existing ordinance limits that house to 2,400 square feet. Therefore, Mr. Dorling stated this request is to change the square footage to allow an additional 250 square feet which will allow the enclosure of an existing front porch. At its meeting of June 19, 2002, the Historic Preservation Board considered this item and unanimously recommended approval (7-0) to increase the square footage of the building from 2,400 square feet to 2,650 square feet. -22- 07/16/02 James Keavne¥~ 2934 S.W. 22nd Circle~ Delray Beach~ architect~ explained that this is a rear porch enclosure with an existing roof and noted that this enclosure would not be seen from the front of the property. There being no one else from the public who wished to address the Commission, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 28-02 on Second and FINAL Reading, 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. At this point, the Commission moved to Item 10.F. Resolution No. 60-02. 10.F. RESOLUTION NO. 60-02: A resolution establishing a budget for the Stormwater Utility System, establishing the rates for FY 2003 Stormwater Management Assessments, and certifying and adopting the Stormwater Assessment Roll. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 60-02: RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITED AREA, OTHER THAN NON- ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND RELEVANT STATUTORY AUTHORITY; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER ASSESSMENT ROLL. (The official copy of Resolution No. 60-02 is on file in the City Clerk's office.) 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 who wished to address the Commission, the public hearing was closed. Mr. Perlman moved to approve Resolution No. 60-02, seconded by Mrs. Archer. 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. -23- 07/16/02 At this point, the Commission moved to Item 10.G. Ordinance No. 26-02. 10.G. ORDINANCE NO. 26-02 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending thc Land Development Regulations Section 3.1.1(B) and Section 2.4.3(A)(9) to add public school concurrency as a required finding and to modify submission requirements. 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. 26-02: 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 3.1, "REQUIRED FINDINGS FOR LAND USE AND LAND DEVELOPMENT APPLICATIONS", SECTION 3.1.1 (B), "CONCURRENCY", TO PROVIDE FOR THE IMPLEMENTATION OF THE PUBLIC SCHOOL CONCURRENCY AMENDMENT; AMENDING ARTICLE 2.4, "GENERAL PROCEDURES", SECTION 2.4.3(A), "STANDARD APPLICATION ITEMS", PROVIDING FOR A COMPLETED SCHOOL CONCURRENCY APPLICATION AS A STANDARD APPLICATION ITEM; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 26-02 is on file in the City Clerk's office.) The City Attorney read the caption of Ordinance No. 26-02. 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 declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 26-02 on Second Reading/Second Public Hearing, 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.H. ORDINANCE NO. 29-02: An ordinance amending Ordinance No. 9-95, which designated the Susan Williams House as a local historic site, to modify the description and address of the property. 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 -24- 07/16/02 The City Manager presented Ordinance No. 29-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 9-95 BY AMENDING THE CAPTION, THE THIRD "WHEREAS" CLAUSE AND SECTION 1 TO CORRECT THE PROPERTY DESCRIPTION AND ADDRESS; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 2002" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 29-02 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. The City Attomey 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 if there is anyone from the public that wishes to speak that has not already been sworn in, to please step forward at this time and be sworn in by the City Clerk. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department Project File # 2002-274 into the record. Mr. Dorling stated this ordinance updates the property description and the address th of the Susan Williams House which now has been moved to 154 N.W. 5 Avenue just south of the Spady Museum. At its meeting of June 19, 2002, the Historic Preservation Board unanimously recommended approval (7-0) of the amendment to Ordinance 9-95. Prior to the vote, Mr. Levinson asked if there is a process in place for the City with regard to moving these houses that would automatically take care of this. In response, Mr. Dorling stated this is a unique situation whereas this house was designated prior to the creation of the West Settlers District. Furthermore, Mr. Dorling stated most of the structures are under the umbrella of overall districts and are not listed this way. -25- 07/16/02 Mrs. Archer moved to adopt Ordinance No. 29-02 on Second and FINAL Reading, seconded by Mr. Levinson. 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. 10.I. ORDINANCE NO. 30-02: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan" of the City Code of Ordinances by amending Sections 35.097(J) and 35.097(L)(2)(B) to comply with the recent Internal Revenue Code requirements and Florida Statutes. 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. 30-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097(J), "MAXIMUM PENSION", REVISING THE LIMITATIONS ON MAXIMUM PENSION BENEFITS TO CONFORM TO SECTION 415 OF THE INTERNAL REVENUE CODE; AMENDING SECTION 35.097(L)(2)(B), "ELIGIBLE RETIREMENT PLAN," PROVIDING ADDITIONAL ELIGIBLE PLANS FOR ROLLOVER; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 30-02 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. Mr. Levinson moved to adopt Ordinance No. 30-02 on Second and FINAL Reading, 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. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items. ll.A. City, Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. -26- 07/16/02 11.B. From the Public. ll.B.1. John Bennett, 137 Seabreeze Avenue, Delray Beach, thanked the Commission for their support of the Downtown Joint Venture for thc annual fireworks display. Mr. Bennett stated he feels that this year the fireworks display was better than cvcr and very uplifting as well. Secondly, Mr. Bennett stated he would like to revisit comments he made at the last meeting about the City Clerk's office because he recalls a conversation he had with Commissioner McCarthy several months ago that occasionally when citizens commend a particular employee for a job well done he would like to know what happens to that. Mr. Bennett commented that in the City Clerk's office case, the City Clerk who represents the department and is personally present at the meetings, can relay the comments to the staff. However, Mr. Bennett stated if there is an employee from the Finance Department or any individual Police Officer is commended, does that employee ever hear about it? Mr. Bennett suggested that the City have a procedure whereby a person is notified if they are commended for a job well done. Although Mr. Bennett feels a pat on the back is good, he stated real money matters and Ms. McCarthy's suggestion was that there is a process whereby this item would get in the individuals Personnel file pending the next performance appraisal so it could be noted at that time. 11.B.2. Gerry Franciosa, 939 Eve Street, Delray Beach~ stated he would like to know where the money is coming from to pay for projects that are moving forward (i.e., $6 million soccer complex and the Atlantic High School relocation project). Mr. Franciosa asked why there is not a Senior Citizen Community Center in the City of Delray when all the surrounding communities have them and the fact that there is an over abundance of senior citizen residents. Mr. Franciosa continued to ask what criteria was used in determining a price of $6.4 million for the Tare Property and asked where the funding is for additional manpower to manage and maintain the city. Mr. Franciosa stated approximately six months ago he presented a proposal to the City Manager for a small park project on a parcel of City right-of-way in Tropic Isle which is adjacent to a City maintained park. Mr. Franciosa read the following written response from the City Manager into the record: "The Parks Maintenance Department is already stretched very thin and frequently has difficulty keeping up with maintenance projects on areas for which they are already responsible. To assume maintenance responsibility for areas you requested would require us to add additional staff to Parks Maintenance which could only be financed by increasing property taxes." Mr. Franciosa stated he feels the residents should be allowed to determine how they want their tax dollars spent especially on the large scale expenditures such as the Atlantic High School Project. Mr. Franciosa urged the Commission to prepare the Atlantic High School Relocation Project for a November referendum so that the residents can decide. At this point, the Commission moved to Item 10.E. Ordinance No. 16-02. 10.E. ORDINANCE NO. 16-02 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2002-01): Consider on first reading an -27- 0~16~2 ordinance adopting Comprehensive Plan Amendment 2002-01 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs. Amendment 2002-01 includes: City initiated Future Land Use Map amendment fi.om County CHO/8 (Commercial High Office with residential d~nsity of 8 units per acre) and MR5 (Medium Residential, 5 units/acre) to City GC (General Commercial) and LD (Low Density, 1-5 du/ac), for eleven parcels located north of Lake Ida Road, between Barwick Road and Military Trail. o City initiated Future Land Use Map amendment from County MR5 (Medium Residential, 5 units/acre) to City LD (Low Density Residential, 1- 5 du/ac) for the Winterplace Subdivision (now known as the Colony at Delray Beach), located at the southeast comer of Military Trail and the LWDD L-30 Canal. ge City initiated Future Land Use Map amendment from MD (Medium Density, 5-12 du~ac) to CC (Commercial Core) for a property located on the east side of Gleason Street, approximately 94 feet south of East Atlantic Avenue. The City Manager presented Ordinance No. 16-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2002-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2002-1 AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 16-02 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. Dan Marfino, Principal Planner, stated this is a City initiated Comprehensive Plan Amendment 02-1 on April 16, 2002. Mr. Marfino stated this amendment involves two City initiated Future Land Use Map amendments, numerous text changes, and table updates. -28- 07/16/02 At its meeting of May 20, 2002, the Planning and Zoning Board held a public hearing regarding the amendment and after discussion the Board unanimously (vote 6-0) recommended the City Commission approve the amendment of first reading and transmit Comprehensive Plan Amendment 02-1 to the Florida Department of Community Affairs. Mr. Marfino briefly summarized each Future Land Use change and each text change. The first map change is a City initiated Future Land Use Map (FLUM) Amendment for eleven City-owned parcels located between Barwick Road and Military Trail south of the L-30 canal. Mr. Marfino stated 54.5 acres of land and the individual parcels currently have a County FLUM designation of CHO/8 (Commercial High Office with residential density of 8 units per acre) for parcel lA and MR5 (Medium Density Residential - 5 units/acre) for the remainder. The second land use change is a City initiated land use map amendment for the Winterplace Development (now known as The Colony at Delray Beach) located on the east side of Military Trail, and south of the L-30 Canal, approximately one mile north of Lake Ida Road. Mr. Marfino stated these FLUM changes are related to the annexation of the same property which will be discussed later this evening and is being processed pursuant to a water service agreement dated March 8, 2000. This action will establish initial City FLUM of LD (Low Density Residential) and zoning of PRD (Planned Residential Development) which are consistent with one another. Per the water service agreement, the development was required to process a Master Plan approval through the City. During this approval, the development as it exists was reviewed for PRD (Planned Residential Development) zone district standards and thus all uses are conforming to PRD standards. The last amendment is a City initiated corrective FLUM amendment for the Gleason Street parcels. The parcel is approximately 0.34 acres in size and is located on the east side of Gleason Street, approximately 100 feet south of Atlantic Avenue. The land use designation is being changed from MD (Medium Density) to CC (Commercial Core) which will be consistent with the underlining zoning of CBD. Mr. Marfino noted that this is a corrective action and there is no development proposal associated with it. Mr. Marflno briefly explained the six text amendments as listed on Page two of the City Commission documentation (Summary of Items in Comp Plan Amendment 02-1). Mr. Marfino stated this is a transmittal public hearing and if the amendment is approved, it will be sent to the Florida Department of Community Affairs (DCA). Upon the review and comments from the State an adoption is scheduled for the September Planning and Zoning Board Meeting and final adoption at the City Commission of October 1, 2002. Staff recommends transmittal of all listed items as contained in the staff report. Mayor Schmidt declared the public hearing open. John Bennett~ speaking on behalf of the Beach Property Owners' Association (BPOA) and Progressive Residents of Delray (PRODS, expressed concern over the proposed revision FLUM Policy C-4.2 and stated the Board's of both organizations continue to believe that the language of this proposal should be "tweaked" to reflect the following: "any future changes in the Downtown Master Plan shall address the needs of development while retaining the village-like community by-the-sea character of the CBD." Mr. Bennett stated this was not an attack on the Downtown Master Plan nor the propriety of acknowledging the Master Plan has -29- 07/16/02 largely completed the task set forth in Policy C-4.2. Mr. Bennett stated it does reflect the strong affection that many people in the town have for the village-like character of the downtown area and the symbolism of"village by-the-sea" that sets Delray Beach apart from the rest of southeast Florida. Mr. Bennett noted for the record that Ordinance No. 16-02 was not amongst the materials for public review as of noon today. Gerry. Franciosa, 939 Eve Street~ Delray Beach~ expressed his concern over the text modification which will eliminate the wording "village-like community by-the-sea" and instead insert "retain the character of Delray Beach". Mr. Franciosa stated last month some Commissioners were critical of PROD and the BPOA for information they disseminated to their members about the modification of Policy C-4.2. Mr. Franciosa stated if the Commission would like to eliminate the fears of these organizations, their members and the general public, he urged the Commission to precisely state their desire to maintain "village-like community by-the-sea" qualities in Delray Beach. Mr. Franciosa stated he agrees there is a need for continued growth and development. However, he believes growth and development needs to be balanced with maintaining the village-like qualities that make Delray Beach special. There being no one else from the public who wished to address the Commission, the public hearing was closed. Mayor Schmidt stated although he disagrees with Mr. Bennett, he feels the language contained in the Objective would override any of the policies that fall under it and be superior to them. Mayor Schmidt suggested the following modification to the proposed language to Policy C-4.2: "Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-l-A, it represents the citizens' vision for the growth and unification of Delray Beach while still retaining the "village like, community by-the-sea" character of the CBD." Mr. Levinson stated he cannot support the change. Mr. Levinson stated he feels this is more than appropriately covered in the Objective and commented that he feels it is wrong and demeans all the effort that everyone else made. Mr. Perlman stated he has spent much of his service on the City Commission Co- Chairing the Downtown Master Plan and stated what was sent out was a lot of misinformation and fear mongering. Mr. Perlman stated this Commission has done more with the Downtown Master Plan to preserve the "village by-the-sea" and commented that this was the entire reason for doing the plan and will be getting design guidelines to further strengthen what the Commission is trying to achieve. Mr. Perlman commented that this is political opportunism for people that have co-opted organizations for their own personal uses and creating misinformation. Therefore, Mr. Perlman stated he supports adding the language that Mayor Schmidt has suggested. Mrs. Archer stated she concurs with comments expressed by Commissioner Levinson and Commissioner Perlman. Mrs. Archer she too does not have a problem with further increasing the understanding that the Commission is indeed supporting a "village by-the-sea" atmosphere and supports the new wording in the policy statement. -30- 07/16/02 Ms. McCarthy stated she too during this process have believed that the "village by-the-sea" has a nice sound to it even though it has a multitude of interpretations. Ms. McCarthy stated she is not adverse to the verbiage being put in there and is not adverse to it not being there because of all the words that are currently there which dictate that when decisions are made (i.e., about how tall a building is, how large a building is, and setbacks) that it has already embraced what the Commission heard at the Charrette Meetings which is the "village by-the- sea" concept for the City of Delray Beach. Ms. McCarthy stated she has no real strong feeling one way or the other as long as the LDR's are adhered to and the things that are in place. Mr. Levinson stated that he feels this will be a terrible precedent to set. Mr. Levinson commented about a telemarketing call with a recorded voice on the phone, no supporting information, no way to communicate, no identification of who this was and stated he feels this is the wrong way to be governing. Mayor Schmidt stated he does not feel that leaving the language out is going to change anything or adding the language he suggested is going to change anything. Mayor Schmidt stated all it is saying is we were directed to write the plan and keep in mind to still retain the "village-like community by-the-sea" character of the CBD. Mayor Schmidt stated the language he is suggesting says okay we wrote the plan, and we took that into account when we wrote it; not suggesting the language that has been proposed binds us that any future amendments must conform to it. Mayor Schmidt stated he feels this will let people in the community know that the Commission has not responded to scare tactics but instead has listened to them which he feels speaks for the majority in this case. Mr. Perlman moved to approve Ordinance No. 16-02 on First Reading/Transmittal Hearing for Comprehensive Plan Amendment 2002-01 with the amended language suggested by Mayor Schmidt, 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. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Commission. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. The City Manager stated he is happy to report that David Junghans, Administrative Services Director/Police Department, was in Delray Community Hospital today and visited Officer Orsino's room and noted he was sitting up in a chair. The City Manager stated Officer Orsino took a turn for the better on Sunday in response to the prayers from many people. Secondly, the City Manager reported that with regard to the League of Cities in June there was lengthy presentation and discussion about the financial status for Adelphia and -31- 07/16/02 this will continue to be monitored. Furthermore, the City Manager stated there will be a seminar held later this month in West Palm Beach regarding this matter. The City Manager stated there is a proposed county-wide petroleum ordinance and commented that the County is adopting a State law so that they would be able to enforce it locally rather than having to rely on the State to enforce it. Furthermore, the City Manager explained this ordinance involves the clean-up of sites that primarily have contamination from underground storage tanks. The City Manager announced that he was reappointed to Chair the Transportation Sub-Committee and commented that he has a listing of all new appointments. Also, the City Manager noted that Carmine Priore, Beverly Smith, and Richard Radcliff were nominated to the Florida League Board of Directors. 13.B. City Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.1. City Commission. Mayor Schmidt Mayor Schmidt stated since there will be discussion regarding the budget at the Workshop Meeting of August 13th, he suggested that each Commissioner schedule a meeting with the City Manager prior to this date. Mayor Schmidt stated he would like to schedule a tentative second Budget Workshop Meeting for August 27, 2002, which was approved by consensus. 13.C.2. Commissioner McCarthy Ms. McCarthy thanked Representative James "Hank" Harper, Jr., who presented the movie "Counting on Democracy" The Untold Story of the Election Debacle (narrated by Ossie Davis and Ruby Dee) in the Crest Theatre building at Old School Square. Ms. McCarthy stated Mr. Harper and his staff brought this movie to the Crest Theatre along with help from Marilyn Alford with Village Academy. Secondly, Ms. McCarthy stated she has repeatedly talked about economic empowerment. Ms. McCarthy stated although most people are pleased that the price of homes are increasing, they are also concerned with peoples salaries that may not be increasing as quickly as the cost of homes. Ms. McCarthy stated Thuy Shutt and Rosalind Murray have brought to her attention a program that is currently being done in another county. Therefore, Ms. McCarthy stated she will be asking for Federal, State, and local assistance to see if this program can become a reality here in Delray Beach. -32- 07/16/02 Ms. McCarthy announced that Dorothy Ellington, Delray Beach Housing Director, lost her mother over the weekend. Lastly, Ms. McCarthy stated that Terry Henes, who worked as an independent contractor through the Parks and Recreation Department as a ballroom dance instructor, was in a serious car accident over the weekend. Ms. McCarthy commented that Ms. Henes is in the Boca Raton Community Hospital and asked that everyone keep her in their prayers. 13.C.3. Commissioner Archer Mrs. Archer commented that the Drug Task Force will be making a recommendation to the Commission very soon. She stated the recommendation will be how the City may want to revise its ordinances in keeping with the new Bill that was passed in Tallahassee with regard to the wording change for drag treatment facilities. Secondly, Mrs. Archer stated she has a great deal of difficulty with accepting the fact that a member of the public would feel slighted at having the City say "no" to augment a City park in a private community and then criticizing the City for not doing that. Mrs. Archer stated she feels this would be inappropriate spending of public fimds and stated she is extremely offended by this particular comment. 13.C.4. Commissioner Levinson Mr. Levinson stated the DDA is having its Budget Workshop Meeting on Wednesday if anyone would like to attend. Mr. Levinson stated he has been made aware by some City staff who he communicates with on a regular basis that there has been some verbal abuse or discourtesy by certain members of the public. Mr. Levinson stated he would like to set up a meeting to discuss this issue with the City Manager and see whether or not it is prevalent and how prevalent it may be in other departments. Mr. Levinson stated he has heard people from the public who chastise the Commission for not giving them information. Mr. Levinson stated he feels as a Commission they have done their best to be fair and honest and commented that he returns telephone calls and emails. He commented that generally when he talks to these people they are very understanding of the facts. Furthermore, Mr. Levinson continued to state that he gives appropriately to each comment and evaluates each one against the other comments he receives. Mr. Levinson stated he is not disseminating this information nor does he believe the rest of the Commission is either. Mr. Levinson stated he is providing complete information and commented that along with Commissioner Archer he takes a personal offense to people from the public who make accusations without any substance to support them as they fail to provide information to the City Attorney when asked for it. Mr. Levinson stated he would feel uncomfortable bringing his children to a meeting and have them listen to adults talk to the Commission the way many of the people in the audience do, or conduct themselves with jeers, cheers, and nasty comments. Mr. Levinson stated someone from the public stated that the Commission "will pay at the polls". Mr. -33- 07/16/02 Levinson commented that he stated approximately 1 ½ years ago his goal was (and still is) to make sure that the Commission prepared the City of Delray for the next 10, 20, 30, 40 or 50 years. Mr. Levinson stated he feels the Commission has done an outstanding job with the high school and if his entire legacy was only that issue, he would feel that his term on this Commission was very well spent. Mr. Levinson stated he is anxious to discuss those issues with people but reiterated that he is not interested in discussing them with people who unfortunately when you tell them the facts continue to tell you that you are not telling the facts, or that you are self-serving, or many other allegations that have been made. 13.C.5. Commissioner Perlman Mr. Perlman stated he is gratified to hear that Officer Orsino is on the mend and thanked the City Manager for contacting him while he was out of town with that information. Mr. Perlman stated he is glad that Officer Orsino is doing better and hopes there is a continued recovery. Secondly, Mr. Perlman commented that the July 4th fireworks were the best ever and commended Marjorie Fen'er for all her efforts. Mr. Perlman stated it was a great event and feels it was a much needed celebration. Mr. Perlman stated he had the opportunity to drive through the mid-west in Ann Arbor, Michigan and commented that they have a really nice downtown. Mr. Perlman stated the parking garages are super attractive and integrate real well. He suggested that the City of Delray Beach contact their City officials to obtain some pictures of the parking garages. Mr. Perlman stated he had the opportunity to have dinner with Scott Maddox, Mayor of Tallahassee and the Immediate Past President of the Florida League of Cities and announced that Mr. Maddox is running for Attorney General. Mr. Perlman commented that Mr. Maddox has visited 405 cities during his term as President of the Florida League of Cities and stated the City of Delray Beach is "cool". Furthermore, Mr. Perlman seconded Mr. Levinson's comments that the Planning and Zoning staff is incredible. There being no further business, Mayor Schmidt declared the meeting adjourned at 8:45 p.m. City Clerk -34- 07/16/02 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on July 16, 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 to the Minutes as set forth above. -35- 07/16/02 WHEREAS, fighdng fires is a hazardous professio~ ~l-i,4~g physical strength, st~nina, extensive training, courage, smd selfless concern fox the welhre of our citizens; and WHEREAS, in ~ddition to their daily service to communities, Fire Fighters throughout the state and across the n~tion have joined the Musculzr Dyst~phy Assochtion (MDA) for the past forty-nine ye~s in the fight against neuromuscular diseases; and ~FHERF_..AS, Florida Fire Fighters collected a record bresldng $1,142,000.00 in over 300 communities with thek 2001 "Fill the Boot" campaign for the Muscul~ Dystrophy Association, sgsin maldng them MDA's laxgest source of fun,ii.g; and WHERE, fi~, the Muscular Dystrophy Association is extremely grateful to the City of Deh. ay Besch Fire Fighten for their support and dedication; and WH~, the funds collected by the City of Delmy Beach Fire Fighters sssist the Muscular Dystrophy Association in providing medical services at local dinics, lmmmer c~np, resesrch gnmts, support groups, and public education seminars at no cost to local children md WHERF..4~, in honor of the efforts of the City of Delrsy B~ch Fire Fighters, the Muscular Dystrophy Associstion is sponsoring City of Delray Beach Fire Fighter Appreciation Week. NOW, THEREFORE, I, David W. Sc-hmldt~ Mayor of the City of Deksy Be~ch, FlO~'ids, Oil beh~J~ of the City Commi*$ion, do hereby pzochim the week of August 26, 2002 through Septembes 2, 2002 ss CITY OF DH, LRAY BF_.ACH FIRE FIGHTER APPRECIATION WEEK in Delmy Beach, Florida and commend the City of Delnsy Beach Fire Fighters for their efforts on behalf of the Muscular Dystrophy Association. All citizens and employees are encouraged to join the Muscula~ Dystrophy Association in this tribute to our Fire Fighters. 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 6* day of August, 2002. DAVID W. SCHMIDT MAYOR MDA TELETHON Honorable Mayor David Schmidt City of Delray Mayor's Office 100 NW 1 st Ave. Delray Beach, FL 33444 Dear Honorable Mayor 8chmidt: I am writing to request your assistance in recognizing the outstanding efforts of the City ofDelray firefighters on behalf of the Muscular Dystrophy Association. The funds collected during their 2001 "Fill the Boot" campaign, combined with the totals from fire departments across the State, brought in a record breaking $1,142,000. Florida firefighters hold the #2 position in state rankings for monies raised for MDA. To show our appreciation to the firefighters in your community, the Muscular Dystrophy Association is sponsoring Firefighter Appreciation Week on August 26 - September 2, 2002. This courageous group of men and women will be recognized not only for their service to our communities, but also for their dedication to area children and adults with muscle disorders. Enclosed you will find a sample proclamation. We would appreciate your presenting the proclamation at a Council meeting during the month of July or August 2002. Please advise me of the date and time that a formal presentation will be made. Thank you in advance for your kind consideration of this request. If you have any questions, I can be reached at (561) 242-5084. ~e_~ngifer L. Witt Program Coordinator JLW:leq CITY CLERK Muscular Dystrophy Association 3222-D Commerce Place / West Palm Beach, FI_ 33407 / Phone 561-242-5084 / Fax 561-471-1514 www. mdausa.org FAX TO: FROM: [] Urgent CITY CLERK'S OFFICE CITY OF DELRAY BEACH '100 N.W. 'l.t Ave Delray Beach FL 33444 Tel (S8t)243-7080 - Fax (5~t)243-3774 DR~YB~CH 1993 2001 DIRECT PHONE LINE (561) 243-7050 OUR FAX 243-3774 TOTAL NUMBER OF PAGES 0ncluding cover sheet) For Review I-Z Please Comment ri Please Reply [] Please Recycle COMMENTS: S~c~y clcrk~flx 99~F~xFo~m SAMPLE PROCLAMATION Whereas, f',:jhting fires is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage, and selfless concern for the welfare of our citizens; and Whereas, in addition to their daily service to communities firefighters throughout the s~te and across the nation have joined the Muscular Dystrophy Association for the past forty-nine years in the fight against neuromuscular diseases; and Whereas, Florida firefighters collected a record breaking $1,142,000 in over 300 communities with their 2001 "Fill the Boot" campaign for MDA, again making them MDA's largest source of funding; and Whereas, the Muscular Dystrophy Association is extremely grateful to the City of Delray firefighters for their support and dedication; and Whereas, the funds collected by the City of Delray/~refighters assist MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families; and Whereas, in honor of the efforts of the City of Delray'firefighters, the Muscular Dystrophy Association is sponsoring City of Delray F~refighter Appreciation Week; and Whereas, it is appropriate for all City of Delray citizens to join the Muscular Dystrophy Association in this tribute to our firefighters. Now, therefore be it resolved that the Mayor and City of Delray~oes hereby proclaim August 26~ through September 2, 2002 City of Delray'Firefighter Appreciation Week And commend the City of Delray'firefighters for their efforts on behalf of the Muscular Dystrophy Association. WHEREAS, in the ye~ 2002, the month of September has been dc~ National Pro~tate Csacer Awareness Month; and WHERE, AS, in the yea~ 2002, approx4m~t~ly 189,100 men in the United States will learn that they have p~ostate csace~, and across the nation prostate cance~ is the most commoll]y diagnosed nonskin cancer in men~ and WHEREAS, appro.~im~tely 30,200 men will lose their lives to this disease in 2002, sad one in six men in the nation are at gsk of developing prostate cancer cb~ring their lifetime; WHEREAS, it i~ known that about 25 percent of prostate cancer occurs in men under the age of 65 during their prime work yea~s, sad at *ny age prostate cancer dewststes fsmih'es through loss of income, paxtnetship, sad support; and WHEREAS, prostate cancer leaves too m~ny ~ts, women, children sad othe~ f~mily members without a m~n they love, sad African American fsmih'es axe disproportionately affected due to African American men having the highest prostate cancer incidence sad morality rotes in the world; sad WIqIgRF. a~, tr.~ur.h suggests that men could reduce their risk of prostate csnce~ mortality if they followed recommended prostate cancer screening guidelines, including ~Y*mirmtion by a health care provider sad increased awareness sad use of early detection practices. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florld~ oi1 behalf' of the City Commissio~l~ do hereby prcu-him September 2002 as PROSTATE CANCER AWARENESS MONTH in Delrey Beach, Florida and urge ~11 men in ou~ community to become aws. re of their own risks of prostate cance~, talk to their health care providers about prostate c~cer, sad, whenever appropriate, get screened for the disease. I further encourage all residents to become involved in the war on pwstate csacex. IN WITNESS WHEREOF, I have hereunto set my hand sad eaused the Official Seal of the City of Dehay Beach, Florida, to be affixed this 6* day of August, 2002. DAVID W. SCHMIDT MAYOR September 2002 Prostate Cancer Awareness Month Response Form USCM is compiling data on local observances of 2002 Prostate Cancer Awareness Month. Please place a check mark beside your city's activities and feel free to provide more detail on an attachment. Thank you! 1) X Issued a proclamation on 2002 Prostate Cancer Awareness Month. 2) Submitted a letter to the editor on 2002 Prostate Cancer Awareness Month. 3) Issued a press release on 2002 Prostate Cancer Awareness Month. 4) Supported a public information campaign on prostate cancer awareness. 5) x Provided prostate cancer awareness and education programs for city employees. 5a) X Provided time off for prostate cancer screening for city employees. (Employee Health Fair - Augctst 8, 2002 6) Provided mayoral leadership on a special project to promote prostate cancer awareness in community. Please give details 7). Supported a coalition to promote prostate cancer awareness. Please specify 8). Supported efforts to educate low-income, uninsured or underinsured men about prostate cancer. Please specify. 9), Initiated or expanded efforts to treat low-income, uninsured or underinsured men diagnosed with prostate cancer. Please specify. 10) Undertook prostate cancer awareness outreach efforts to a specific population group. Please specify. 11) Other, please give details Delray name of person responding Doug Randolph city. Beach. state_EL_ youragency City of Delray Beach - H.R. Dept. phone (561)243-7127 Please return by FAX to: Crystal D. Swann, Director, Health Programs, USCM, 202/887-0652 or by mail to: C. Swann, Dir., Health Programs, USCM, 1620 Eye Street, N.W., 3rd floor, Washington., D.C. 20006 (6/21/02) Richard McGloin 2275 N. Swinton Ave. Delray Beach, Fl. 33444 561 715 - 4193 To: Mayor and City Commission From: Richard McGloin Subject: PUBLIC ARTS TASK FORCE Date: July 31, 2002 This memo is a request to make a presentation to the city commission at the August 6, 2002 commission meeting to suggest the formation of a PUBLIC ARTS TASK FORCE. The purpose of the task force is to identify the methods this city can adopt to incorporate art into future redevelopment projects within this city. The citizens have clearly stated at the Visions 2010 and the downtown master plan charrette that art is an important element in all future development, both private and civic. A task force is needed to research and identify the best methods to: Incorporate art into all development Administer the process Set parameters to be used to select the art Fund this process The task force should consist of at least five (5) members including: chairperson, artist, architect, landscape architect and developer. There are four additional staff persons who have agreed to an advisory role upon approval by the city commission: Glenn Weiss Director of Pineapple Grove Artwalk Nancy Devila City Staff Joan Goldberg PB Cultural Council, Director, Art in Public Places Diane Hervey CRA Staff Meetings would be scheduled a minimum of once per month with a project duration of six (6) months. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~~ AGENDA ITEM - REGULAR MEETING OF AUGUST 6. 2002 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS AUGUST 2, 2002 This is before the City Commission to ratify the actions taken by the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting on July 18, 2002. By a vote of 7 to 0, the SCRWTD Board approved the following: · Authorization to expend 56,000 from repair and replacement funds on an emergency basis for chlorine system parts replacement. · Authorization to expend 53,500 from repair and replacement funds to replace two (2) caustic pumps. · Authorization to expend 59,000 from repair and replacement funds on an emergency basis for "A" plant flow splitter gate. · Authorization to expend $7,600 on an emergency basis from repair and replacement funds to replace two (2) submersible reuse pumps. · Authorization to increase Widell's Sludge Dewatering contract for miscellaneous changes for sludge project and aeration tank access ports (Change Order #2) by 528,334.50 for new total of 51,216,609.50. · Authorization to enter into contract with H & H LSD, Inc. for sludge hauling and disposal for a one (1) year term with option to renew for an additional two (2) years. · Authorization to expend 550,000 from repair and replacement funds repair splitter box channel. · Authorization to expend $80,000 from repair and replacement funds on an emergency basis to repair sanitaire system in south aeration basin "A" plant. · Authorization to establish wastewater user rate to cities for fiscal year 2002/2003. · Authorization for acceptance of 2002/2003 wastewater and reclaim O & M budgets and wastewater repair and replacement expenditures (Sinking Fund). Recommend ratification of the actions approved by the SCRWTD Board on July 18, 2002. S:\Ci~ Clerk\chevelle foider\al~enda rnem~\.SCRWTD Board Actaon of 07.18.0Zdoc BOARD City Council Members of Boynton Beach & Delray Beach SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 ~elephone (561) 272-7061 (561) 734-2577 Fax: (561) 265-2357 E-marl: scrwwtpOix.netcom.com TO: MEMORANDUM DATE: Ms. Chevelle Nubin City Of Delray Beach FROM: Mary Ann Shumilla July 19, 2002 RECEIVED JUL 2 5 2002 CITY CLERK RE: RATIFICATIONS FOR SIGNATURE Attached are Ratifications from the Quarterly Annual Meeting of July 18, 2002 which require signatures. Would you place these on the Agenda for your next Commission meeting. Would you contact me at 272-7061 when the Ratifications are executed. Thank you. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2002, by a vote of 7-0, approve AUTHORIZATION TO EXPEND $6,000. FROM REPAIR & REPLACEMENT FUNDS ON AN EMERGENCY BASIS FOR CHLORINE SYSTEM PARTS REPLA CEMENT. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: ~.,City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2002 WHEREAS, the South Cemral Regional Wastewater Treatment and Disposal Board did on July 18, 2002, by a vote of 7-0, approve AUTHORIZATION TO EXPEND ;3,500. FROM REPAIR & REPLACEMENT FUNDS TO REPLACE TWO (2) CAUSTIC PUMPS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton end the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH Mayor Attest: City Clerk Approved as to form: ~.City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2002, by a vote of 7-0, approve AUTHORIZATION TO EXPEND ;9,000. FROM REPAIR & REPLACEMENT FUNDS ON AN EMERGENCY BASIS FOR "A" PLANT FLOW SPLITTER GATE. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH Mayor Attest: City Clerk Approved as to form: .City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2002, by a vote of 7-0, approve AUTHORIZATION TO EXPEND ;7,600. ON AN EMERGENCY BASIS FROM REPAIR & REPLACEMENT FUNDS TO REPLACE TWO (2) SUBMERSIBLE REUSE PUMPS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: ~.City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2002, by a vote of 7-0, approve AUTHORIZATION TO INCREASE WIDELL 'S SLUDGE DEWA TERING CONTRAC'T FOR MISCELLANEOUS CHANGES FOR SLUDGE PROJECT AND AERATION TANK ACCESS PORTS (CHANGE ORDER #2) BY ;~28,334.50 FOR NEW TOTAL OF ~1,216,609.50. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: ~.~..City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2002, by a vote of 7-0, approve AUTHORIZATION TO ENTER INTO CONTRACT WITH H & H LSD, INC. FOR SLUDGE HAULING AND DISPOSAL FOR A ONE YEAR TERM WITH OPTION TO RENEW FOR AN ADDITIONAL TWO (2) YEARS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF DELRAY BEACH Mayor Attest: City Clerk Approved as to form: ~.=,~. City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2002, by a vote of 7-0, approve AUTHORIZATION TO EXPEND ~50,000. FROM REPAIR & REPLACEMENT FUNDS TO REPAIR SPLITTER BOX CHANNEL. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: ~ ,~City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2002, by a vote of 7-0, approve AUTHORIZATION TO EXPEND ,~80,000. FROM REPAIR & REPLACEMENT FUNDS ON EMERGENCY BASIS TO REPAIR SANITAIRE SYSTEM IN SOUTH AERATION BASIN =A # PLANT. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH Mayor Attest: City Clerk Approved as to form: .City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2002, by a vote of 7-0, approve AUTHORIZATION TO ESTABLISH WASTEWA TER USER RATE TO CITIES FOR FISCAL YEAR 2002/2003 AS FOLLOWS: OPERATIONS & MAINTENANCE RESERVES TOTAL 2002/2003 $o.~?s/~,ooo $o.z$o/z, ooo ~0.?2s/z,000 WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: ~}~, City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2002, by a vote of 7-0, approve AUTHORIZATION FOR ACCEPTANCE OF 2002/2003 WASTEWA TER AND RECLAIM 0 & M BUDGETS AND WASTEWA TER REPAIR AND REPLACEMENT EXPENDITURES (Sinking Fund). WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: ~.City Attorney TO: THRU: FROM: SUBJECT: CITY COMMiSSiON DOCUMENTATION DAVID T~~~~_~.MANAGER__ PAUL DORLING, DIREqT/OR OF PLANNING AND ZONING NGUYEN TRAN, SENIOR PLANNER MEETING OF AUGUST 6, 2002 *CONSENT AGENDA* ABANDONMENT OF ALL OF THE 16-FOOT UTILITY EASEMENT WITHIN BLOCK 36, LESS THE WEST HALF (W. 1/2) OF THE 16-FOOT UTILITY EASEMENT LYING EAST OF AND ADJACENT TO THE EAST LINE OF LOTS 16 THROUGH 21, INCLUSIVE, LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN N.W. 3R° AVENUE AND N.W. 4TM AVENUE BACKGROUND The request involves abandoning all of the 16-foot utility easement within Block 36 of the Revised Plat of Block 36 (PB 5, PG 38), less the west half (W. ½) of the 16-foot utility easement lying east of and adjacent to the east line of Lots 16 through 21, inclusive. At its meeting of May 16, 2000, the City Commission approved the abandonment of the entire alleyway system located in Block 36 (City Resolution #39-00). The majority of this alley has been incorporated into property associated with the Atlantic Grove Project and the current utility easement was retained over the entire alleyway system as part of the abandonment process. This easement abandonment must be approved before the plat of Atlantic Grove can receive final action from the City Commission. The abandonment request was submitted by Atlantic Grove Partnership, LLC, the developer for Atlantic Grove Development. The proposal involves the establishment of a 4.80 acre mixed-use (residential/commercial) development. 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. All utility services have been addressed on the plat of Atlantic Grove. 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 all of the 16-foot utility easement within Block 36 of the Revised Plat of Block 36 (PB 5, PG 38), less the west half (W. ½) of the 16~foot utility easement lying east of and adjacent to the east line of Lots 16 through 21, inclusive, based upon positive findings with respect to LDR Section 2.4.6(P)(5) Attachments: · Abandonment Resolution · Location Map · Reduced Survey S:~boards~tycomn~ss~on\Block 36-e-Aban doc RESOLUTION NO. 39-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ALL OF THE 16-FOOT UTILITY EASEMENT LYING WITHIN BLOCK 36 (REVISED PLAT OF BLOCK 36), TOWN OF DELRAY, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of all of the 16-foot utility easement lying within Block 36 (Revised Plat of Block 36), Town of Delray; 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, pursuan_t 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 DRI.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Statutes, it is following real Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida hereby determined to vacate and abandon all right and interest it holds to the property, more particularly described as follows: AIJ. OF THE 16-FOOT UTILITY EASEMENT LYING WITHIN BLOCK 36, REVISED PLAT OF BLOCK 36, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 38, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THAT PORTION OF THE WEST HALF (W. 1/2) OF THE 16-FOOT UTILITY EASEMENT LYING EAST OF AND ADJACENT TO THE EAST LINE OF LOTS 16 THROUGH 21, INCLUSIVE. Containing 10,569 square feet, more or less. PASSED AND ADOPTED in regular session on this the ,2002. day of ATrEST: MAYOR City Clerk 2 RES. NO. 39-02 I ATTORNEY I ' M'AR'TIN ' LUTHER 'KING ,IR. DRIVE N.W. 2ND ST. N.E. 2NB ST ST -- N W 1ST ST ,~,,E 1ST ST  ~ ~ '~ ~OMMUNI -- z ! ~ · ~ CENTER FIRE ~ _~ , STATION! TENNIS OLD ' : i SOUARE ATLANTIC AVENUE I [ [ 4 ~it[ [. POLICE SOUm I i , I :, i ~ COMPLEX COUNTY , ~ ~ , COURT ~ ~ , ~ ~ HOUSE I 1ST' ST <> S.W 1ST ST. S.E 1ST ST, ~ 'm-~ ~ Z S.W 2ND,. ST S E 2ND ST I N ~ - EASEMENT ABANDONMENT - Ol~ ~ ~RAY BEAOH. FL BLOCK 36, REVISED PLAT OF BLOCK 36 (PB 5, PG 38) PLANNIN~ ~ ZONIN6 DEP~ENT -t511 FIRE STATION NO. I LOT ~3 ~ ~t,, BLOCK 36 LOT ~4, BL[3C~ ,36 ~*~ LOT 17 LOT 15, BLOCK 35 ~ ~ LOT 16, BL3CK 36 ~8'00'"/ ~!~ -- ~ LOT 10, BLOCK 36 LOT 17, BLOCK 36 ~ LOT 22, BLO~ 36 LOT 7 BLOCK 36 LOT 2& BL3CK 36 ~ LOT 6. BLOCK J6 ~ ~' ~ LOT3, BLOCK36 _~ LOT 26, BLOCK 36 ~ ~ LOT 2Z BLOCK J6 ' +~ LOT 2, BLOCK 36 ~~~LOT28, BLOCK36 LOT,.BLOCK 36 ~ ~- I I I ~~o~~--oF= I I I t ~ ,_./ / ,. *~ ~ ~' ' I TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION D~~H~TY MANAGER ,~J~II~DIjc~O~R OF PLANNING AND ZONING RON'HOGG~I~'RD, SENI~~~'- MEETING OF AUGUST 6, 2002 *CONSENT AGENDA* ABANDONMENT OF THE EAST-WEST ALLEY AND A PORTION NORTH-SOUTH ALLEY WITHIN BLOCK 28 - TOWN OF LOCATED BETWEEN NW 4TM AND NW 5TM AVENUES. OF THE DELRAY PLAT, BACKGROUND The request involves abandoning a 16-foot wide alley, approximately 287 feet in length, running east/west and a 16' alley, approximately 99' in length, running north/south in Block 28, Town of Linton (Delray) Plat (Plat Book 1, Page 3). The subject alleyways were dedicated with the recordation of the Plat in 1896. The abandonment request was submitted by Atlantic Grove Partners, LLC, which is developing a mixed-use project on Blocks 28 & 36. The proposed project, known as "Atlantic Grove", will contain 55 townhouse units, 20 condominium units and 47,856 sq. ft. sq. ft. of retail/office/restaurant. The project received site plan approval at the Historic Preservation Board (HPB) meeting of August 15, 2001, and is concurrently seeking plat approval with this abandonment request. Positive findings can be made pursuant to LDR Section 2.4.6(O)(5), in that there is not, nor will there be a need for the use of the right-of-way for any public purpose; the abandonment does not, nor will it prevent access to a lot of record; and, the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. PLANNING AND ZONING BOARD CONSIDERATION At its meeting of May 21, 2001, the Planning and Zoning Board held a public hearing in conjunction with review of the alleyway abandonment. Three members of the public spoke on the issue and were in support of the proposal. After closing the public hearing, the Board unanimously recommended approval of the abandonment on a 7 to 0 vote. RECOMMENDED ACTION By motion, approve the abandonment of the alleys, based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachments: · Abandonment Resolution · P & Z Staff Report of May 21,2001 · Location Map s:\planning & zoning\boards\city commission\block 28 alleyway abandonment.doc RESOLUTION NO. 66-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE ALLEY RIGHT-OF- WAY (ROW) LOCATED IN THE SOUTH HALF OF BLOCK 28, PLAT OF THE TOWN OF LINTON (NOW DELRAY), AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a portion of the Block 28 Alley Right-of-Way (ROW), as more particularly described herein; and WHEREAS, said application 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 De[ray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(d), the Planning and Zoning Board, as Local Planning Agency, fomaally reviewed the matter at a public hearing on May 21, 2001, and voted 7 to 0 to recommend approval of the abandonment, based upon positive findings with respect to I.DR Section 2.4.6(O)(5), 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 !~DR Section 2.4.6(0)(5). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DFJ;RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all right and interest it holds to the following real property for right-of-way purposes more partimalady described as follows: THAT PORTION OF A 16 FOOT AIJ.EY RIGHT-OF-WAY LYING EAST OF AND ADJACENT TO LOT 5, LESS THE NORTH 50 FEET THEREOF AND LOT 6, AND THAT PORTION OF THE 16 FOOT AI J.EY RIGHT-OF-WAY LYING NORTH OF AND ADJACENT TO LOTS 13 THROUGH 16, INCLUSIVE, ALL BEING IN BLOCK 28, TOWN OF LINTON (NOW DRI.RAY BEACH), ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3 (SHEET 2), PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 6, 040 SQUARE FEET MORE OR LESS. PASSED AND ADOPTED in regular session on this the 6~ day of August, 2002. ATTEST: MAYOR City Clerk 2 RES. NO. 66-02 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: May 21, 2001 IV.E. Abandonment of a 16' East/West Alleyway and a Portion of the 16' North/South Alleyway lying within Block 28 (North of 400 Block of West Atlantic Avenue), Located on the North Side of West Atlantic Avenue, Between N.W. 4th and 5th Avenues (Atlantic Grove Development). N W 1ST ST N [ 1ST ~RE NO I ATLANTIC AVENUE o ST GENERAL DATA: Owner .................................. Delray Beach Community Redevelopment Agency Agent ................................... Tim Hemandez, New Urban Atlantic Grove, LLC. Applicant .............................. Atlantic Grove Partners, LLC Location ............................... 16' east/west alleyway and a portion of the 16' north/south alleyway lying within Block 28, Town of Delray Property Size ........................ 0 142 Acre Existing FLUM Designation.. General Commercial Current Zoning ..................... GC (General Commercial) Adjacent Zonings ........North: CF (Community Facilities) & GC East: CF South: GC West: GC Existing Land Use ................ Improved alleyway Proposed Land Use .............Abandonment of alleyway to be incorporated into adjacent properties to accommodate a proposed development project (Atlantic Grove). Water Service ....................... n/a Sewer Service ...................... n/a IV.E. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on abandonment of the east-west alley and a portion of the north-south alley within Block 28, Town of Linton (Delray) for the proposed Atlantic Grove mixed-use project. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. BACKGROUND The subject alleyways were dedicated with the recordation of the Town of Linton (Delray) Plat (Plat Book 1, Page 3), in July of 1896. Both alleys are paved. The east-west alley provides access between NW 4th Avenue and NW 5th Avenue. The north-south alley, which extends from the east-west alley on the south, to NW 1st Street on the north, was abandoned north of the Atlantic Grove project in 1997 at the request of the Greater Mount Olive Missionary Baptist Church. The church subsequently erected a fence to restrict access to the abandoned portion of the alley. ABANDONMENT DESCRIPTION The east-west alley is a 16' x 287.08 rectangular shaped parcel containing approximately 4,593 sq. ft. (0.105 acres). The north-south alley is a 16' x 99.44' rectangular shaped parcel containing approximately 1,591 sq. ft. (0.037 acres). Together, the two alleyways equal 6,184 square feet or 0.142 acres. The abandonment request was submitted by Atlantic Grove Partners, LLC, which was chosen by the Community Redevelopment Agency (CRA) through a Request for Proposal (RFP) process and subsequent contract, to develop a mixed-use project on Blocks 28 & 36. The proposed project, known as "Atlantic Grove", will contain 59 townhouse units and 71,844 sq. ft. of commercial space. The total land area of the project, including the subject alleyways, is 4.79 acres. The applicant has also submitted applications for Conditional Use and Site Plan Approval. A replat of the aggregated parcels and abandoned alleys is also required to unify the Atlantic Grove project. ABANDONMENT ANALYSIS ] Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned (returned) to the adjacent property to the same degree in which it was originally obtained, Le. property dedicated exclusively from a single parcel shaft be returned to that parcel; property dedicated through subdivision shaft be divided at the center line and returned equally to abutting parcels. Mt. Olive Baptist Church, being the fee simple owner of Lots 11 and 12, is entitled to the east eight (8) feet and the north eight (8) feet of the abandonment area adjacent to Planning and Zoning Board Ste~ Report Block 28 Alleyway Abandonm~ Page 2 those parcels. The CRA, being the fee-simple owner of Lots 13-16, Lot 6 and the South 24.72' of Lot 5, is entitled to the remainder of the abandonment area. However, if the applicant closes on the CRA's property prior to the effective date of the abandonment resolution, then the applicant shall be entitled to this abandonment area. Utility Services According to Section Xl (I) of the "Contract For Sale, Purchase And Development Agreement", between the CRA and the Applicant (Buyer): Buyer further acknowledges that Buyer shaft be required to provide, at Buyer's expense, such utility easements or replacement easements for the relocated utilities together with temporary easements to the utilities and facilities on the property conveyed hereunder which temporary easements shaft be terminated on the relocation of said utilities and the City's receipt of the permanent easements thereby as the City and applicable utilities may reasonably require. Buyer shaft be responsible for all costs of relocating and substituting any required utilities. Currently, Florida Public Utilities, Florida Power & Light, Adelphia Cable and BellSouth services have utilities within the subject alleys. City utilities within the alleys include a sanitary sewer main in the east/west alley and a storm sewer in the north-south alley. Letters have been sent to the utility providers to determine the status of existing utilities and the need for replacement easements. Although responses have not yet been received, satisfactory disposition of all utility issues, according to the terms and conditions of the aforementioned contract will be a condition of approval for this abandonment. Since access to the rear of the Atlantic Grove commercial building will be provided through a proposed parking lot and given that the alleyway has already been abandoned to the north, the City's Fire Department has no objection to the abandonment. 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. The intended purpose of the alleys is to provide secondary access to the buildings on adjacent streets. However, since the north-south alley has already been abandoned to the north and the east-west will not be needed for access once construction of the parking lot for the Atlantic Grove project is completed, the intended public use for local traffic circulation is limited at best. The City has no plans to utilize either alleyway for any other public purpose. Planning and Zoning Board Sta~ Report Block 28 Alleyway Abandonm( Page 3 B) That the abandonment does not, nor will not, prevent access to a lot of record. c) The subject abandonment will not prevent access to any parcel, as all affected parcels take primary access from either Atlantic Avenue, NVV 4th Avenue, or NVV 5th Avenue. Access to the rear of Mount Olive church is provided by a replacement utility and access easement on the already abandoned portion of the alley. Access to the rear of the Atlantic Grove project's commercial building will be provided through the proposed parking lot. That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. As per the terms and conditions of the purchase contract, the applicant is responsible to grant replacement easements and/or provide for the relocation of existing utilities. The contract specifically states that the applicant will be responsible for all associated costs of this process. All utilities, currently located in the subject alleys, will be accommodated through replacement easements or relocation so that they will provide the same or better services to the adjacent lots. Since a replat is required to create fee-simple lots for the townhouse units and to aggregate the parcels and the abandoned alleys for the Atlantic Grove project, the disposition of existing utility services will be addressed through the platting process. This is a condition of approval for this abandonment. REVIEW BY OTHERS The development proposal is within the geographical area requiring review by the WARC (West Atlantic Avenue Redevelopment Coalition), the CRA (Community Redevelopment Agency) and the DDA (Downtown Development Authority). A portion of the abandonment area is located within the West Settlers Historic District, which requires review by the HPB (Historic Preservation Board). The WARC reviewed the abandonment request at its meeting of May 2, 2001, and recommended approval. The CRA, reviewed the abandonment request at its meeting of May 10, 2001, and recommended approval. HPB reviewed the abandonment request at its meeting of May 16, 2001, and recommended approval. The DDA reviewed the abandonment request at its meeting of May 16, 2001, and recommended approval. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. Courtesy Notices: Courtesy notices have been provided to the following groups: PROD - Progressive Residents of Delray Planning and Zoning Board Staff Report Block 28 Alleyway Abandonm( Page 4 West Settlers Historic Homeowners Association Delray Merchants Association Chamber of Commerce Presidents Council ASSESSMENT By abandoning this area, the City is helping to promote the redevelopment of West Atlantic Avenue. Since the purpose of the abandonment is to aggregate individual parcels with the vacated area, in order to provide a larger land area for the mixed-use development, the surrounding neighborhood and downtown in general, will benefit from the resulting growth. The abandonment will not prevent access to adjacent lots of record. Required replacement or relocated easements will be dedicated through a replat of the property. 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). RECOMMENDED ACTION By motion, recommend to the City Commission approval of the abandonment of the east-west alley and a portion of the north-south alley, lying within Block 28, Town of Linton (Delray), based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following condition: That a replat of the property, which satisfactorily addresses the disposition of all utilities through the provision of replacement easements or relocation of existing facilities be approved concurrently with the Resolution for Abandonment. Attachments: · Location Map · Abandoned Property Disposition Map · Reduced Survey s:\planning & zoning\boards\p&z board\block28alleyabandonment, doc 9n~A V -HZ ~' 'm 'N-~ 3ova '$,~o~ 8'~'o) ~6-$£ oN Nolinlos]~ ~8) '2NOOmVgV A w Jo ~a ,~.777v o$ii vT~ ,~ ( ~ W 0 d3d ~3S~3 Ax;7IIn ,9~3 ,O Og ~TVM ~VOO 370bOVV~ H i ~ '~ 'N-'70- - ~ 33,~ Vd ~ CITY MARTIN LbTHER KING JR. DRIVE N W. 2ND ST. L~ z ~ ~ ~ ~ ~ , ~ HALL ~ ~ ~ ~ ~ j ~ COMMUNITY - I ~ E ~ , [ i ~ ~ENNIS ~0 STA T/ON[ ~ ~ ATLANTIC AVENUE , ~ COMPLEX COUNTY - " COURT HOUSE << > - I ~ I ,, "';~ Z ST "S.W. 1ST ST. S.w. 1ST ....... ~ ~ORTIO~ OF ~kkfi~Y WII~I~ BkOGK 28,/OW~ OF PLANNING ~ ZONING DEPARTMENT~ - ABANDONMENT AR~ ........ AT~NTIC GROVE PROJECT BOUNDARY FIRE STATION NO. 1 MT. OLIVE 'w' PROPERTY -r- CRA PROPERTY F-- ABANDON ABANDClN TO THE CRA CRA PRe)PER TY ATLANTIC AVENUE ~ ABANDONED PROPERTY DISPOSITION MAP C,T. or OE'RA* 8EAC.. rL PORTION OF ALLEYWAY WITHIN BLOCK 28, TOWN OF DELRAY · PLANNINC &: ZONING DEPARTMENT -- DIGIT~ 8,4SE M,a,P SYST£1d -- MAP REF LM5'I8 [lTV OF DELRrI'F BER[H 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: July 30, 2002 MEMORANDUM TO: City Commission FROM: Brian Shutt, Assistant City Attorney SUBJECT: Acceptance of Right of Way Deed from Mr. & Mrs. Prosperi Mr. & Mrs. Prosperi are constructing a warehouse adjacent to Wallace Drive and just south of Georgia Avenue. Wallace Drive, currently, has 60' of right-of-way width. The City's Comprehensive Plan requires a right-of-way width of 80'. As a condition of the development of this property the applicant was required to deed to the City 10 feet of property adjacent to Wallace Drive in order to provide adequate right-of-way as set forth by the City's Comprehensive Plan. By copy of this memo to David Harden, our office requests that this item be placed on the August 6, 2002 City Commission agenda for acceptance. Please call if you have any questions. Attachment CCi David Harden, City Manager Barbara Garito, City Clerk Randal Krejcarek, City Engineer Ron Hoggard, Senior Planner Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 RIGHT-OF-WAY DEED _T IS INDENTURE made this ~t ~ ,~,, of ~--O ~d~; , 200~_ between 4"°"q~ ~t~-I~'lo ~a ~ ~~ P~~ ~c. ~.~,, ~"~;0 ~ , wit~ mailing address of ~ ~~ ~ ~d ~ ~ ~-~'- ~ as p~y of the first p~ and CItY OF DEL~Y BEACH, FLO~DA, a Florida m~icip~ co~oration with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, ~ p~y of~e second p~. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. WITNESSES: (Name printed or typed) ~me pridted or t~ed) oF  The foregoing instrument ~'--~ , ~..5C-"',~ by person acknowledging). llx,.:.~,, - r,:.,q:. ',:,,:~,,,,,,", 2oos Il PARTY OF THE FIRST PART By: '~.~'~-- "~ '~"-','--'"~' (Name primed or typed) /~,";;' -, ~, By: ,/_~Z~,, ~C4~,.~ ~e printed or ? P. oX ?~P.L...T__ iw~,,acknowledged before me this ,.o day of r-.~---c; ,t -- (name of sig~a~ 6'~ota~, Public - State of Florida Print, Type, or Stamp Commissioned Name of Notary Public ~Personally..Known OR Produced Idemification Type of Identification Produced: STATE OF ~-~v, &'i~ . COUNTY OF '~),,-\ ~,..~-.....~,,.-.~ --~'~_ _xc,-~_, The..~©C/_x~foregoingby person acknowledging). instt~u, ment ~vas acknowledged before me this ~ day of C-~,~, ~c:,.~-'-'c-"'~, (name of Sign Florida 2 Print, Tyl~, or Stamp Commissioned Name of Notary Public ~Personally Known OR Produced Identification Type of Identilic~6n Produced: 3 SKETCH OF DESCRIPTION: DESCRP TION: THE EAST 10 FEET OF LOT 1, PLA TT'S ACRES. AOCORDIVG TO THE PLA T THEREOF AS RECORDED IV PLA T BOOK 21, PAGE 47, PUBLIC RECORDS OF PALM BEACH COUNTY, FL ORE)A. -SOUTH LINE LOT I 10.: N. 90°O0' o~o~z, ~o, oo -/~ l rz~.2 GEORGIA STREET 10.99', tNORTH LIVE LOT 1 LEGEND: THIS IS NOT A SURVEY ~ = CENTERLINE THE EAST LNE OF LOT 1 IS ASSUMED TO BEAR N.24 °,32 '00 "E. EXHIBIT "A " SHEET 1 OF 1 PAUL D. ENC. L~-. SURVEYOR Ai~ ~5708 DA TE: JUNE 5, 2002 O'BRIEN, SUITER · O'BRIEN, INC CERTIFICATE OF AUTHORIZA T/ON i~tLB$5$ SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: PAUL D. ENGLE 2601 NORTH FEDERAL HIGHH/A Y DELRA Y BEACH FLORIDA .~.~485 (561,) 276-4501 (561,) 752-3279 ~'epared by: RETURN: R. Brian Shutt, Esq. Cie., Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 SUBORDINATION OF ENCUMBRANCE TO THE PROPERTY RIGHTS TO THE CITY OF DELRAY BEACH, FLORIDA KNOW ALL MEN BY THESE PRESENTS: That whereas it is required by the City of Delray Beach to provide certain width of right-of-way in accordance with its Comprehensive Plan; and, WHEREAS, a portion of the lands required to be dedicated to the City is subject to a mortgage held by the undersigned; and WHEREAS, on behalf of the City of Delray Beach, a request has been made for the undersigned to subordinate said encumbrance to the property rights of the City of Delray Beach in and to the portion of the premises hereinafter described. NOW THEREFORE, WITNESSETH: That for and in consideration of the mutual promises herein contained and other good and valuable consideration, the undersigned subordinates said encumbrance to the property rights of the City of Delray Beach, Florida, to provide for the dedication of right-of-way of the following described lands, being a portion of the encumbered premises in Palm Beach County, Florida. to wit: See Exhibit "A" Attached hereto insofar as said premises are affected by the following described encumbrance now held by the xmdersigned: NATURE ]ENCUMBRANCE DATE FROM OR AGAINST IN FAVOR OF RECORDED BOOK-PAGE PROVIDED, ALWAYS, NEVERTHELESS, and it is expressly understood and agreed that this ins trument subordinates said encumbrance insofar as same affects the rights and privileges of the Ci':y of Delray Beach in its use of the land specifically above described for right-of-way and that nothing herein contained shall in any way alter, affect, impair, minimize, or diminish the effect of said encumbrance or the remedies at law or in equity for recovering thereunder, or against the parties charged thereby, the full amount of all sums seemed by and/or under the same. It is further understood and agreed that in the event said above described premises are abandoned by the City of Delray Beach and cease to be used for right-of-way that in such event the subordinate of said encumbrance shall terminate in and to such portion abandoned and no longer used as ~:~resaid, and the encumbrance shall become of the same status with reference to such abandoned portion as if the subordination had never been made. IN WITNESS WHEREOF, the said holder of the encumbrance has duly executed this instrument this (~ -~day of ~ ti ~ E: ,20 _0~.. Signed, sealed and delivered in the presence of: (2, wimesses required by Florida Law) WI.TNESS #1: ' (name printed or typed) (name printed or typed) MORTGAGEE: The foregoing instrument was acknowledged before me this ~ day of ...W-u,/~ I~ ,200~_ by/Ix P,-i~.F,.;- ~ -r ~___/l.A~0o~rl'-~(t~name of officer or agent, title of u. to_To tO tCA-'T'~6t .... (name of corporatmn acknowledging), a officer or agent) of ~-..x:~C:T- hZ.. · · (state or place of incorpora~nt~Xorporation, on behalf of the corporation. He/She is _~rsonally known to me or has produced ,-/~ ~~ ~ M__ (type of identification) as identification. ~X, Signature of Notary t'ublic SKETCH OF DESCRIPTION.. DESCRIPTION: THE EAST 10 FEET OF LOT 1, PLA TT'S ACRES, ACCORDIVG TO THE PLA T THEREOF AS REC~ IV PLAT BOOK 21, PAGE 47, PUBLIC RECORDS OF PALM BEACH COUNTY, FL ORD A . SOUTH LINE LOT 1 N.90"OODO'~.. _.~ GEORGIA STREET .NORTH LIVE LOT I N.90"OO'OO"E 10.99'. LEGEtVD: THIS IS NOT A SURVEY ~ = CENTERLIVE THE EAST LIVE OF LOT 1 IS ASSUMED TO BEAR N.24 ~J2 '00 "E. EXHIBIT ",4" SHEET I OF I PAUL D EYGLE SURVE',,'OR AND . ~5708 DA TH: JUNE 5, 2002 O'BRIEN, SUITER & O'BRIEN, INC CERTIFICATE OF AUTHORIZATION i~tLBJ5J SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: PAUL D. ENGLE 2601 NORTH FEDERAL HIGHWAY DELRA Y BEACH FLORIDA 33483 (561.) 276-4501 (561.) 732-,5279 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~~~ AGENDA ITEM - REGULAR MEETING OF AUGUST 6; 2002 FINAL pLAT APPROVAL/ATLANTIC GROVE PLAT AUGUST 2, 2002 This is before the Commission to approve the final subdivision pht for Atlantic Grove. The property is located just north of West Atlantic Avenue, between N.W. 52 Avenue and N.W. 3e Avenue. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final subdivision pht for Atlantic Grove. S:\City Clerk\chevelle folder\ag~.nda memo~\Final Pht. AflanncGrove.08.06.02 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: PROJECT: ACTION: David T. Harden William A. Grieve, P.E. J,c~ July 30, 2002 Atlantic Grove Subdivision Plat Approval The attached agenda request is for Commission approval of the subdivision plat for Atlantic Grove. Also attached is a location map and reduced cop~h of the plat. The property is located just north of W Atlantic Avenue, between NW 5" Avenue and NW 3rd Avenue. Conditional Use approval was granted by City Commission on 7/24/01, followed by site plan approval on 8/15/01, by the Historic Preservation Board and approval of the final plat by the Planning and Zoning Board on May 21, 2002. Please place this agenda request on the August 6, 2002 Commission Agenda. enc cc TAC file file: s:lengadmin/taclantique experience/plat agenda memo 08-06-2002 Printed: 7/31/2002 ATLANTIC 'ST 3T 'nm- r~.E iST S AVENUE £ E 2~.~D ST Cll Y of DELRAY BEACH ATLANTIC AVENUE ENVIRONMENTAL 8EFtVI~E8 DEPAm'MENT ATLANTIC GROVE 2002-200 3f'IN3A ¥ ~ '/d'N £1TY OF OELFIFlY IlEAl:It CITY ATTORNEY'S OFFICE 1993 POLICE LEGAL ADVISOR :500 W ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/'243-7823 · FACSIMI'LE 561/243-7815 To: From: POLICE LEGAL ADVISOR MEMORANDUM Mr. David Harden, City Manager Catherine M. Kozol, //~,.,~ Police Legal Advisor Date: July 22, 2002, Re: Traffic Enforcement Agreement Hammock Reserve Homeowner's Association Attached for your review and insertion on the Consent Agenda are three originals of the Hammock Reserve Homeowner's Association Traffic Enforcement Agreement. The Agreement will allow the Police Department to enforce state and local traffic laws on the private roads of Hammock Reserve. The Department feels that allowing enforcement of state and local traffic laws will enhance our presence in the area and have a more direct impact on crime in that area. The Association will pay $1.00 per month to cover the costs of enforcement and will add the City as an additional insured on the liability insurance policy for $100,000.00. A copy of the Certificate of Insurance is attached. If this agreement meets with your approval, please place this on the Consent Agenda at the next Commission Meeting. When all the agreements have been signed, I would appreciate it if you would return one original to me for forwarding to the Homeowner's Association. Thank you for your courtesy and attention. Ath/encs. cc: Susan Ruby, City Attorney RECEIVED CiTY CLERK HAMMOCK RESERVE HOMEOWNERS ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT WHEREAS, the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") through its Police Department, wishes to make its Community Policing efforts in HAMMOCK RESERVE as effective as possible; and WHEREAS, the HAMMOCK RESERVE HOMEOWNERS ASSOCIATION (hereinafter referred to as "ASSOCIATION") is desirous of the enforcement of state and municipal traffic laws on its property; and WHEREAS, both the CITY and the ASSOCIATION feels that such enforcement will make the Community Policing effort a more positive influence on the community; and WHEREAS, F.S. 316.006(2),(b),(1),(2) allows for such enforcement on private roads pursuant to a wdtten agreement approved by the CITY Commission which provides for. reimbursement for actual costs of traffic control and enforcement liability insurance and indemnification and other terms as are mutually agreeable by the parties. Now, therefore, for the mutual consideration, covenants, and matters set forth herein, as of the date set forth below, the parties hereto do hereby agree as follows: 1. The CITY does hereby agree to enforce all state and municipal traffic laws on all private roads owned by the ASSOCIATION. week. The enforcement of the traffic laws will occur 24 hours, 7 days a 3. The ASSOCIATION shall hereby pay to the CITY $1.00 per month to cover the actual costs of the traffic control and enforcement incurred by the 4. The ASSOCIATION shall defend, indemnify and hold harmless the CITY, its agents, officers, officials and employees from any and all claims, suits, causes of actions or any claims whatsoever made arising from any and all acts of traffic control and traffic enforcement that occur on the ASSOCIATION'S property following the date of this agreement. Nothing herein shall be deemed a waiver of the privileges and immunities granted to the CITY under F.S. 768.28. This indemnification shall survive the cancellation of this agreement. 5. The ASSOCIATION shall provide liability insurance to cover the indemnification in the amount of $100,000 and name the CITY as an additional insured. 6. This agreement shall take effect upon execution and approval by the Delray Beach City Commission and the HAMMOCK RESERVE HOMEOWNERS ASSOCIATION and shall continue in full force and effect until rescinded by either party. Under no circumstances may this agreement be renewed, amended, or extended except in writing. 7. Either party may cancel their participation in this agreement upon delivery of 30 days written notice to the other party. Cancellation will be at the direction of the subscribing party. 8. In any action brought to enforce any provision of this agreement, the prevailing party shall be entitled to the relief sought plus all costs incurred and reasonable attomeys' fees. 9. The ASSOCIATION, by signing below, affirms that they have read and understand this agreement and that they have been given the opportunity to have the attorney of their choice review this agreement. This agreement made and entered into on this~ day of July, 2002. City of Delray Beach, Flodda By: City of Delray Beach By Mayor David Schmidt ATTEST: Hammock Reserve Homeowners City Clerk Approved as to form and legal sufficiency c ? Fro .n%: Mary C~andler At: R V Johnson Insurance FaxlD: 771-287-4439 To' Julian ACORD. CERTIFICATE OF LIABILITY INSURANCE Date' 7/10/02 09:01 AM Page 2of2 I OP ID MC I DATE (MWOD;YY) HA.-~O- 1I 0'7/10/02 PRODUCER R.V. ~ohnson Agencff, Inc. (DB) 222 U.S. Hwff #1, Ste.#20q Te~uest& FL 33469 Phone: 561-745-8894 Fax:561-T45-8871 I~URED COVERAGES H~mnookReserve HOA, Inc. % Lan Mgm~ 5295 ~0wn Center l%o&d Boca Raton FL 33486 , THIS CERTFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE ~RE~ South~n ~n~s Instance ~SURER~ ~URER C ~SURERD ~SURER E THE POLICIES OF INSURANCE LISTED BELOWHAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY pERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT 0R OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTNN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PND CLAIMS. LTR TYPE OF IMSURANCE pOLICY NUMBER DATE ~MM/DD,'YY) DATE IMM,~D/YYI UMIT~ O~mRAI. U~DILJTY EACH OCCURRENCE $ 1,000,000 A · CO~RC~C~.~U*aUTY 20615419--02 04/09/02 04/09/03 P~--'(*W~) $ 100,000 · CGL Plus ]lgndt ,E~_&*av~u~ 1; 1,000,000 C~e~.*~GATE 1; 2, 000, 000 OEN~ ~3GREGATE UMIT Nr'PUES PER ~OOUC?$- COMP/OP AGG !; 2 , OOO f 000 AUI~MO~ILE UABILJTY COMBINED SNGLE LIMIT A ~r~AuTo 20615419-02 04/09/02 04/09/03 (Eaa£c~) 1; 1, 000,000 ALL OWNED AUTOS BODLY INJURY $CHED~.ED AUTOS (Per pe~on) · VARED AUTO9 BOOLY ~JUR~ $ · NON-OWNeD AUTOS (pet' PROPERTY DAMAGE (Per AUTO ONLY- AGG EXDEEE UABIUTY EACH OCCURRENCE I OCCUR ~'] C~ MADE AGGREGATE $ RETENTION $ wc EMPLOYERS' LL4~IUTY E~. E~H ACClDEHT S E4. ~EASE - EA EMPLOYEE EL D~ - POUCY UMT 0114R Not £0= tZ~C~t: ~OA - 2'/3 s~ngZe £,'-;~1r It--s. Ce=~,.t£teate hoZcle~ ~s n=m~d addit/onal insured tn regard to general 1iabiltt~ onZ~. CERTIFICATE HOLDER 1 1~ I Ai)DrrlONAL MIUI~D: MUR~R I/FT'~R:* CANCELLATION CITY016 CIT/' OF DEZ~AY ~ 100 ~ 1ST AVElqQ'~ DELI:U~Y BF, AC'~ ~ 33444 I ACORD 2S-S (7197) ~) ACORD CORPORATION 1988 CITY OF DELRrI',' BErI[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's D~rect L~ne' 561/243-7091 1993 DATE: July 25, 2002 MEMORANDUM TO: FROM: City Commission ~ Brian Shutt, Assistant City Attorney SUBJECT: Agreement with Palm Beach County on S.W. Area Project The attached agreement provides that Palm Beach County shall provide funding to the City for the Southwest Area Improvement Project in an amount not to exceed $250,000.00. The Southwest Area Improvement Project involves improvements to S.W. 15th Avenue, S.W. 13th Avenue, N.W. 14th Avenue, N.W. 13th Avenue and N.W. 15th Avenue. The City shall initially pay for the costs of this project and then seek reimbursement from Palm Beach County. By copy of this memo to David Harden, our office requests that this item be placed on the August 6, 2002 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk Randal Krejcarek, City Engineer Department of £ngineering and Public Works PO Box 21220 West Palm Beach, FL 33416-1229 (561) 684-4000 wwwco palm-beach fl us Palm Beach County Board of County Commissioners Warren H Newell, Chairman Carol A Roberts. Vice Chair Karen T Marcus Mary McCarty Burr Aaronson Tony Mastlom Addte L Greene County Administrator Robert Wetsman 'An Equal Opportuntry AfJ~rmat~ve Action Employer' July 8, 2002 City Of Delray Beach Attn: Randall Krejcarek, City Engineer 100 N.W. First Avenue Delray Beach, Florida 33444 Dear Mr. Krejcarek: Included with this letter are two original agreements with Palm Beach County that will provide funding from the County for the Southwest Area Improvement Project up to $250,000.00. Would you please have the agreements executed by the City and return them to me at the address below. I will have them executed by the County and return one original agreement. If you have any questions during this process, you can contact me at 684-4018 and I will be happy to answer your questions. Sincerely, Speci~il Projects Coordinator Engineering and Public Works P.O. Box 21229 West Palm Beach, Florida 33416-1229 ~(~ pnnted on recycled paper INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH FOR THE SOUTHWEST AREA IMPROVEMENT PROJECT THIS INTERLOCAL AGREEMENT entered into this __ day of , 2002, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the CITY OF DELRAY BEACH, a municipal corporation of the STATE OF FLORIDA, hereinafter, the "CITY". WHEREAS, the CITY is undertaking construction improvements in the Southwest Area within the CITY's limits hereinafter referred to as "SOUTHWEST AREA IMPROVEMENT PROJECT"; and WHEREAS, the SOUTHWEST AREA IMPROVEMENT PROJECT consists of design, survey, paving and drainage improvements to S.W 15th Ave from S.W. 3'~ St. toS.W. 2"d St, S.W 13th Ave. from S.W. 3rd St. to W. Atlantic Ave., N.W. 14th Ave. from W. Atlantic Ave. to N.W. 3rd St., N.W. 13th Ave from W. Atlantic Ave. to N.W. 2nd St., N W. 15th Ave. at N.W. 3~ St., within the CITY limits; and WHEREAS, the COUNTY wishes to contribute to this Project in an amount not to exceed $250,000.00; and WHEREAS, it is in the best interest of the public health, safety and welfare that the SOUTHWEST AREA IMPROVEMENT PROJECT be completed; and WHEREAS, the CITY and COUNTY are authorized to enter into this Agreement pursuant to Section 163.01, Florida Statutes, which permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other governmental entities on a basis of mutual advantage. , NOW, THEREFORE, in consideration of the mutual benefits to be derived from the SOUTHWEST AREA IMPROVEMENT PROJECT and for other good and valuable consideration, the parties agree to the following: Section 1. Recitals: The above recitations are true and correct and are incorporated herein and made a pad hereof by this reference. Section 2. The CITY shall be responsible for the initial funding and construction of the SOUTHWEST AREA IMPROVEMENT PROJECT including design, contract :' 'preparation, bidding, award, contract administration, and inspection pursuant to all applicable state and local laws and regulations. Section 3: The CITY shall obtain or provide all labor and materials necessary for the construction of the SOUTHWEST AREA IMPROVEMENT PROJECT Section 4: The CITY shall be solely responsible for obtaining and complying with . all necessary permits, approvals, and authorizations required for the construction of the ;SOUTHWEST AREA IMPROVEMENT PROJECT from any federal, state, regional, ii COUNTY or CITY agency. Section 5: The CITY shall provide initial funding to accomplish the SOUTHWEST i AREA IMPROVEMENT PROJECT and be responsible for all costs exceeding the funding I provided by the COUNTY as addressed below in Section 6. Those costs incurred by the CITY subsequent to the date of said Project initiation are eligible for reimbursement by the COUNTY pursuant to the terms and conditions hereof. Section 6: Invoicing and Reimbursement: The CITY shall be reimbursed by the COUNTY in an amount not to exceed $250,000.00 towards the construction costs under this Agreement only after it has expended its own funds and the portion of the construction for which it is seeking reimbursement for has been completed, inspected and certified by the CITY's Representative. The County Engineer shall have the right, but not the obligation, to inspect and approve the construction. The CITY shall submit proof of payment to the COUNTY's contract monitor or his designee in a form deemed satisfactory by the COUNTY. CITY overhead shall not be included in costs to be reimbursed by the COUNTY. In no event shall the COUNTY have any obligation to any other entity or person and the COUNTY's obligation to the CITY shall not exceed $250,000.00 ~ A Contract Payment Request Form and a Contractual Services Purchases Schedule Form, attached hereto and incorporated herein as Exhibit "A", which are required for each and every reimbursement requested by the CITY. Said information shall hst each invoice payable by the CITY and shall include the vendor invoice number; invoice date; and the amount payable by the CITY. The CITY shall attach a copy of each vendor invoice paid by the CITY along with a copy of the respective check and shall make reference thereof to the applicable item listed on the Contractual Services Purchases Schedule Form. Fudher, The Program Administrator and the Program Financial Officer for the CITY shall 2 cedify the total funds payable by the CITY on the Project and shall also cedify that each vendor invoice listed on the Contractual Services Purchases Schedule Form was paid by the CITY as indicated. Invoices received from the CITY will be reviewed and approved by the COUNTY indicating that the expenditures have been made in conformity with the requirements of this Agreement. Thereafter, they will be sent to the COUNTY's Finance Depadment for final approval and payment. Unless the term of this Agreement is extended, the CITY shall submit all invoices for final payment by September 1, 2003. The COUNTY shall have no obligations for any costs incurred after the above-referenced date. Section 7: The CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in performing the SOUTHWEST AREA IMPROVEMENT PROJECT for at least three (3) years after its completion The COUNTY shall have access to all books, records, and documents as required in this Section for the purpose of inspection or audit dudng normal business hours. Section 8. Effective Date: The effective date of this Agreement shall be the date of full execution by both parties. Section 9. Compliance with Codes and Laws: Each party agrees to abide by all applicable laws, orders, rules and regulations. Section 10. Liability: The parties to the Agreement shall not be deemed to assume any liability for the negligent or wrongful acts, or omissions of the other party. Nothing contained herein shall be construed as a waiver by either party, of the liability limits established in Section 768.28, Florida Statutes Section 11. Indemnity' In the event a claim or lawsuit is brought against the COUNTY, its officers, employees, servants, or agents relating to the SOUTHWEST AREA IMPROVEMENT PROJECT with regard to responsibilities of the CITY, the CITY agrees without waiver of limitation as provided for in Section 768.28, Florida Statutes, and, to the extend permitted by law, to indemnify and hold harmless the COUNTY, its officers, employees, servants or agents from and against any claims, losses, demands, damages, liabilities or causes of action of whatsoever kind or nature that the COUNTY, its officers, employees, servants or agents may or could sustain as a result of or emanating out of the II, terms and conditions contained in this Agreement relating to any part of the SOUTHWEST AREA IMPROVEMENT PROJECT that is the responsibility of the CITY. Section 12. Notice of Complaints or Suits: Each pady will promptly notify the other of any citizen compliant, claim, suit, or cause of action threatened or commenced against it which arises out of or relates, in any manner, to the performance of this Agreement. Section 13. Annual Appropriation' Each pady's performance and obligation under this Agreement is contingent upon an annual budgetary appropriation by its respective governing body for the purposes hereunder. The COUNTY and the CITY agree to budget and appropriate funds if available. Section 14. Repayment The CITY shall repay the COUNTY for all unauthorized, illegal or unlawful expenditures of revenues, including those discovered after the expiration or termination of this Agreement, to the extent permitted by law. Funds which are to be repaid to the COUNTY are to be repaid by delivering to the COUNTY a cedified check for the total amount due and payable to COUNTY, and delivering it to the COUNTY's contract monitor within ten (10) days of the COUNTY's demand Nothing contained herein shall act as a limitation of the COUNTY's right to be repaid, as a waiver of any rights of the COUNTY's, or preclude the COUNTY from pursuing any other remedy which may be available to it under law or equity. Section 15. Independent Contractor: The CITY recognizes that it is an independent contractor and not an agent or servant of COUNTY. No person employed by any party to this Agreement, shall in connection performance Agreement with the of this or any services or functions contemplated hereunder, at any time, be considered the employee of the other party, nor shall an employee claim any right in or entitlement to any pension, worker's compensation benefit, unemployment compensation, civil service, or other employee rights or privileges granted by operation of law or otherwise, except through and against the entity by whom they are employed. Section 16. Equal Opportunity: The COUNTY and CITY agree that no person shall on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement The 4 'CITY will ensure that all contracts let for the SOUTHWEST AREA IMPROVEMENT PROJECT pursuant to the terms of this Agreement will contain similar non-discrimination and equal opportunity clause. Section 17. Breach of Opportunity to Cure: The parties expressly covenant and agree that in the event either pady is in default of its obligations under this Agreement, the party not in default shall provide to the defaulting pady thidy (30) days written notice exercising any of its rights. Section 18. Enforcement Costs: Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to the Agreement. Section '!9. Notice. All notices required to be given under this Agreement shall be in writing, and deemed sufficient to each party when sent by Unites States Mail, postage prepaid, to the following: As to the COUNTY: With a copy to: As to the CITY: Palm Beach County Engineering and Public Works Attn: Edwin A. Jack, P.E. Deputy County Engineer 160 Australian Avenue, Suite 501 West Palm Beach, Florida 33416 Marlene Romano Everitt Assistant County Attorney 301 N. Olive Avenue, 6th Floor West Palm Beach, FL 33401 City of Delray Beach Attn: Randall Krejcarek, City Engineer 100 N.W. First Avenue Delray Beach, Florida 33444 Section 20. Modification and Amendments' Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the s~me formality and equality of dignity herewith. Section 21. Public Entities Statement. As provided in F S. 287 132-133, by entering into this Agreement or performing any work in furtherance hereof, the CITY certifies that its affiliates, suppliers, sub-contractors, and consultants who perform work hereunder, have not been placed on the convicted vendor list maintained by the State of 'Florida Department of Management Services within 36 months immediately preceding the date hereof. This notice is required by F S. 287 133(a). Section 22. County as Additional Insured. The CITY shall require each contractor engaged by the CITY for work associated with this Agreement to maintain: a. Workers' Compensation coverage in accordance with Flodda Statutes, and; b. Commercial General Liability coverage, including vehicle coverage, in combined single limits of not less than ONE MILLION DOLLARS ($1,000,000). The County shall be included in the coverage as an additional insured. c. A payment and performance bond for the total amount of the improvements in accordance with Florida Statute 255.05. Section 23. Remedies' This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 24. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as matter of judicial constraint, be construed more severely against one of the parties than the other. Section 25. Severability' In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 26. Entirety of Agreement: This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or ag~'eements, either written or oral, relating to this Agreement. Section 27. Captions: The captions and section designations herein set forth are for c(~nvenience only and shall have no substantive meaning. Section 28. Filing: This Agreement shall be filed with the Clerk of Courts for Palm Beach County. IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective on the date first written above. CITY Of DELRAY BEACH PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: By:. ATTEST: Mayor Chair ATTEST: DOROTHY H. WILKEN, CLERK By:. City Clerk By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By:. Assistant City Attorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attorney Date: Date: APPROVED AS TO TERMS AND CONDITIONS By:. Date: ~ tViANAQE~ 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 £1TY I:IF DELR IY BEgI£H CiTY ATTORNEY'S OFFICE '1993 DATE: June 28,2002 MEMORANDUM Writer's Direct Line' 561/243-7091 TO: FROM: David Harden, City Maaager Brian Shutt, Assistant City Attorney SUBJECT: License Aqreement with ASCAP The attached agreement is a form agreement developed by ASCAP (American Society of Composers, Authors and Publishers) and IMLA (International Municipal Lawyers Association). This agreement was developed to provide local governments protection, regarding copyright infringement, when music is played at public venues. ASCAP contacted our office and indicated that they were contacting all local governments and requesting the local government enter into the attached agreement. The attached agreement is for a one year period, but, is automatically renewed unless one party provides their intent not to renew. The agreement provides that a City of our size would pay an annual license fee of $500.00 to ASCAP for the use of any copyrighted music, in which they control. It is my understanding that there list of music is very extensive. There is also a provision in which a fee based upon the percentage of gross revenue would be due to ASCAP for special events, however this provision only applies when the gross revenues exceed $25,000.00. I have been informed that the Cities of West Palm Beach and Lake Worth have already adopted this agreement and most of the other municipalities of Palm Beach County have been or are in the process of being contacted by ASCAP. Please give me your thoughts on this matter. Attachment cc: Bob Barcinski, Asst. City Manager ADMINISTRATIVE SERVICES MEMORANDUM - TO: FROM: SUBJECT: DATE: David T. Harden, City Manager obertA. Barcinski, Assistant City Manager ASCAP License Agreement july 11, 2002 RECEIVED JIJL 1 2 2002 City MANAGER I have reviewed the attached proposed agreement and also discussed it with Mr. Joe Ferrer. Attached also is some additional information we got off of the Internet. I recommend we enter into this agreement and pay the basic $500 fee. This will cover the City for use of the ASCAP musical reportorial by the City or others for such activities and events as music played by dance instructors, music play at our concert in park services, piped in music at the Golf Course, events were music is played and sponsored by non-profit groups such as at Art and Jazz, Delray Affair, Cinco de Mayo, 4t~ of July music with fireworks, etc. I do not think we will ever get involved with the special event fee when gross revenues exceed $25,000. The only time it might apply is when there is a concert in the Tennis Stadium where ticket sales exceed this amount. However, we can protect ourselves by requiring the event promoter to have the required licenses. RAB/tas Cc: Joe Weldon Brian Shutt File u'sweeney/asmemos Doc Memo to DTH re ASCAP License Agreement £1TY OF DELIII:IY BEI:I[H DELRAY BEACH Ail-America City RECEIVED JUL 1 1 2002 CITY MANAGER 100N.W. lstAVENUE DELRAYBEACH, FLORIDA 33444 561/243-7000 1993 MEMORANDUM 2001 TO: FROM: David Harden City Manager Joe Weldon Director of Parks and Recreation SUBJECT: License Agreement with ASCAP DATE: July 10, 2002 Since I was unfamiliar with the ASCAP agreement, I talked to Brian Shutt and have the following comments. The Parks and Recreation Department utilizes various groups that provide musical entertainment throughout the year. This past year our Concert in the Park Series contracted with the Boca Brass, Carlos Manuel Santana, the Klezmer Company, the Florida Mandolin Orchestra, Bob Hoose and His Orchestra and the South Florida Brass. The music ranged from big band, classical, traditional Jewish music, dixieland, New Orleans jazz, rock and roll, the blues, Frank Sinatra, etc. Additionally, we hire disc jockeys in the Out of School Program and for special events, such as Dad and Daughter Date Night, who play a variety of music. I don't know if the groups with whom we contract provide the type of license you are contemplating with ASCAP. The license provides that we would pay an annual fee to ASCAP for the use of any copyrighted music they control. How much do they control? And are there any other licensing groups? J Weldon Director of Parks and Recreation cc: Brian Shutt Assistant City Attorney Ref:dhascap ~,,~ocyc/~P~er THE EFFORT ALWAYS MATTERS LICENSE AGREEMENT - LOCAL GOVERNMENTAL ENTITIES A ~'~~ r e e --me ~! between American Society of Composers, Authors and Publishers ("SOCIETY"), located at 2690 Cumberland Parkway, Suite'490 Atlanta, GA 30339-3913 and {Please Indicate Legal Entity.} ("LICENSEE"), located at 200 NW 1st Avenue, De[ray Beach, FL 33444 as follows: 1. Grant and Term of License (a) ASCAP grants and LICENSEE accepts a license to perform publicly on the "Premises" and at "Events" and "Functions," and not elsewhere or otherwise, non-dramatic renditions of the separate musical compositions in the "ASCAP repertory." The performances licensed under this Agreement may be by means of "Live Entertainment" or "Mechanical Music". For purposes of this Agreement, (i) "LICENSEE" shall include the named entity and any of its constituent bodies, departments, agencies or leagues. (ii) "Mechanical Music" means music which is performed at the Premises by means other than by live musicians who are performing at the Prenfises, including, but not limited to (A) compact disc, attdio record or audio tape players (but not including "jukeboxes"), (B) videotape, videodisc or DVD players; (C) the reception and conm~unication at the premises of radio or television transmissions which originate outside the Premises; and which are not exempt under the Copyright Law; or (D) a music-on-hold telephone system operated by LICENSEE at the Premises. (iii) "Live Entertainment" means music that is performed at the Premises by musicians, singers or other performers. (iv) "Premises" means buildings, hospitals, airports, zoos, museums, athletic facilities, and recreational facilities, including, but not lLmited to, community centers, parks, swimming pools, and skating rinks owned or operated by LICENSEE and any site which has been engaged by LICENSEE for use by LICENSEE. (v) "ASCAP repertory" means all copyrighted musical compositions written or published by ASCAP members or members of affiliated foreign performing rights societies, including compositions written or published during the term of this Agreement and of which ASCAP has the fight to license non-dramatic public performances. (vi) "Events" and "Functions" means any activity conducted, sponsored, or presented by or under the auspices of LICENSEE. Except as set forth in paragraph 2.(d) below, "Events" and "Functions" shall include, but are not limited to, aerobics and exercise classes, athletic events, dances and other social events, concerts, festivals, arts and crafts fairs, and parades held under the auspices of or sponsored or promoted by LICENSEE on the Premises. (vii) "Special Events" means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the "Gross Revenue" of such Special Event exceeds $25,000 (as defined in paragraph 4.(d) below). (b) This Agreement shall be for an initial term of one year, commencing06~01~2002, which shall be considered the effective date of this Agreement, and continuing thereafter for additional terms of one year each. Either party may give notice of termination to the other no later than thirty (30) days prior to the end of the initial or any renewal term. If such notice is given, the agreement shall terminate on the last day of the term in which notice is given. 2. Limitations On License (a) This license is not assignable or transferable by operation of law or otherwise. This license does not authorize LICENSEE to grant to others any right to perform publicly in any manner any of the musical compositions licensed under this agreement, nor does it authorize any public performances at any of the Premises in any manner except as expressly herein provided. (b) This license does not authorize (i) the broadcasting, telecasting or transmission or retransmission by wire, Interact, website or otherwise, of renditions of musical compositions in ASCAP's repertory to persons outside of the Premises, other than by means of a music-on-hold telephone system operated by LICENSEE at the Premises; and (ii) performances by means of background music (such as Muzak) or other services c~elivered to the Premises. Nothing in this paragraph shall be deemed to limit LICENSEE's right to transmit renditions of musical compositions in the ASCAP repertory to those who attend Events or Functions on the Premises by means of teleconferencing, videoconferencing or similar technology. (c). This license is limited to non-dramatic performances, and does not authorize any dramatic performances. For purposes of this agreement, a dramatic performance shall include, but not be limited to, the following: (i) performance of a "dramatico~musical work" (as hereinafter defined) in its entirety; (ii) performance of one or more musical compositions from a "dramatico-musical work (as hereinafter defined) accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work from which the music is taken; (iii) performance of one or more musical compositions as part of a story or plot, whether accompanied or unaccompanied by dialogue, pantomime, dance, stage action, or visual representation; (iv) performance of a concert version of a "dramatico-musical work" (as hereinafter defined). The term "dramatico-musical work" as used in this Agreement, shall include, but not be limited to, a musical comedy, opera, play with music, revue, or ballet. (d) This license does not authorize performances: (i) at any convention, exposition, trade show, conference, congress, industrial show or similar activity presented by LICENSEE or on the Premises unless it is presented or sponsored solely by and under the auspices of LICENSEE, is presented entirely on LICENSEE'S Premises. and is not open to the general public; (ii) (iii) (iv) (v) (vi) by or at colleges and universities; at any professional sports event or game played on the Premises; at any permanently situated theme or amusement park owned or operated by LICENSEE; by any symphony or community orchestra; by means of a coin operated phonorecord player (jukebox) for which a license is otherwise available from the Jukebox License Office. 3. License Fee (a) In consideration of the license granted herein, LICENSEE agrees to pay ASCAP a license fee which includes the total of the "Base License Fee" and any applicable "Special Events License Fees", all of which shall be calculated in accordance with the Kate Schedule attached to and made part of this Agreement. For purposes of this Agreement, (i) "Base License Fee" means the annual fee due in accordance with Schedule A of the Rate Schedule and based on LICENSEE's population as established in the most recent published U.S. Census data. It does not include any fees due for Special Events. (ii) "Special Events License Fees" mean the amount due in accordance with Schedule B of the Rate Schedule when Special Events are presented by or on behalf of LICENSEE. It does not include any Base License Fees due. (iff) LICENSEES who are legally organized as state municipal and/or county leagues or state associations of municipal and/or county attorneys shall be required to pay only the fee under Schedule C of the Rate Schedule. Such leagues or associations are not subject to Schedule A or Schedule B of the Rate Schedule. Fees paid by such leagues or associations do not cover performances of the municipality, county or other local government entity represented by the league or association. Schedule C fees are not applicable to municipal, county or other local government entities. (b) Unless otherwise limited by law, LICENSEE shall pay a finance charge of 1.5% per month from the due date, or the maximum amount permitted by law, whichever is less, on any required payment that it is not made within thirty days of its due date. Reports and Payments (a) Upon the execution of this Agreement, LICENSEE shah submit: (i) a report stating LICENSEE's population based on the most recent published U.S. Census data. The population set forth in the report shall be used to calculate the Base License Fee under this Agreement; and (ii) a report containing the information set forth in paragraph 4.(d) below for all Special Events that were presented between the effective date of this Agreement and the execution of this Agreement. (b) The Base License Fee for the frrst year of this Agreement and any license fees due for Special Events that were presented between the effective date of this Agreement and the execution of this Agreement shall be payable upon the execution of this Agreement. (c) Base License Fees for subsequent years shall be due and payable within 30 days of the renewal date of this Agreement and shall be accompanied by a statement confirming whether any Special Events were presented during the previous calendar year. (d) Ninety days after the conclusion of each Special Event, LICENSEE shall submit to ASCAP payment for such Special Event and a report in printed or computer readable form stating: (i) the date presented; (ii) the name of the attraction(s) appearing; (iii) the "Gross Revenue" of the event. "Gross Revenue" means all monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Event. If there are no monies from the sale of tickets, "Gross Revenue" shall mean contributions from sponsors or other payments received by LICENSEE for each Special Event; (iv) the license fee due for each Special Event. (e) If LICENSEE presents, sponsors or promotes a Special Event that is reportable under Rate Schedule B with another person or entity licensed under an ASCAP License Agreement, LICENSEE shall indicate the name, address, phone number and ASCAP account number of the other person(s) or entity(ies) and the party responsible for payment for such Special E~ent. If the other party is not licensed by ASCAP, LICENSEE shall pay the license fee due hereunder, notwithstanding any agreement to the contrary between LICENSEE and the other party. (f) LICENSEE agrees to furnish to ASCAP, where available, copies of all programs of musical works performed, which are prepared for distribution to the audience or for the use or information of LICENSEE or any department thereof. The programs shall include all encores to the extent possible. LICENSEE shall be under no obligation to furnish programs when they have not been otherwise prepared. (g) ASCAP shall have the fight to examine LICENSEE'S books and records at LICENSEE's place of business during normal business hours to such extent as may be necessary to verify the reports required by paragraph 4.(d) above. ASCAP shall have the right to adjust LICENSEE's Base License Fee based upon the most recently available revised population figures and Population Estimates Program provided by the U.S. Census Department. Breach or Default Upon any breach or default by LICENSEE of any term or condition herein contained, ASCAP may terminate this license by giving LICENSEE thirty days notice to cure such breach or default, and in the event that such breach or default has not been cured within said thirty days, this license shall terminate on the expiration of such thirty-day period without further notice from ASCAP. In the event of such termination, ASCAP shall refund on a pro-rata basis to LICENSEE any unearned license fees paid in advance. Interference in Operations ASCAP shall have the right to terminate this license upon thirty days written notice if there is any major interference with, or substantial increase in the cost of, ASCAP's operations as the result of any law in the state, territory, dependency, possession or political subdivision in which LICENSEE is located which is applicable to the licensing of performing rights. In the event of such termination, ASCAP shall refund to LICENSEE on a pro-rata basis any unearned license fees paid in advance. Non-Discrimination LICENSEE recognizes that ASCAP must license all similarly situated users on a non-discriminatory basis. LICENSEE agrees that any modifications to this Agreement by ASCAP, which are required by local, state or federal law for other municipalities, counties and other governmental entities shall not constitute discrimination between similarly situated users. Examples of such modifications are statements of equal employment opportunity or nondiscrimination on the basis of race, creed, color, sex or national origin. 8. Notices ASCAP or LICENSEE may give any notice required by this Agreement by sending it by certified Un/ted States Mail, by generally recognized same-day or overnight delivery service or by electronic transmission (i.e., Mailgram, facsimile or similar transmission) to the appropriate person/office as listed herein. Each party agrees to notify the other of any change in contact information, such as change of address, change of person/office responsible, etc. within 30 days of such change. IN WITNESS WHEREOF, this Agreement has been duly executed by SOCIETY and LICENSEE, this day of , 20 AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS By. L~CENSEE By. (Fill in capacity in which signed: (a) If corporation, state corporate office held; (b) If pannersh~p, write word "partner" under signature of mgning parmer, (c) If individual owner, write "individual owner" under signature.) 2001 - 2002 ASCAP REPORT FORlVl FOR LOCAL GOVERNMENTAL ENTITLES Account No.: Licensee: Report Completed By:. Title: Date Completed: Email Address: Telephone No.: Fax No.: Web Site Address: CERTIFICATE: I hereby certify that the data reported below is true and correct as of this ~ day of ,200 .... SCHEDULE A - BASE LICENSE FEE (Due upon execution of Agreement and within 30 days of the Agreement's renewer dat~) REPORT YEAR' POPULATION: BASE LICENSE FEE: $ (Per current U.S. Census Data) (Please refer to Rate Schedule) SCHEDUL] B - SPECIAL EVENTS* (Report and payment due 90 days, ~er the conclusion of each special evens) EVENT PERFORMER(S) OR GROSS REVENUE" % IS A PROGRAM IF THE EVENT IS CO-SPONSORED DATE GROUP(S) OF EVENT APPLIED EVENT OF MUSICAL (MM/DD/YY) APPEARING (MUST EXCEED TO GROSS FEE WORK3 Please idenufy the Co-sponsor name, [fMore than I $2S,000) REVENUE ATTACHED address, phone'number and Event Per Day, ASCAP account number Please Report as Yes or No Separate En~ Name: Address: x .01 $ Phone No.: A¢,'ount No.: Name: Address: x .01 $ Phone No.: Account No.: Name: Address x .01 $ Phone No.: Account No.: Name: Address: x .01 $ Phone No: Account No.: *"Special Events" means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of bruited duration presented by LICENSEE for which the "Gross Revenue" of such Specml Event exceeds $25,000. **"Gross Revenue" means all monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Event. If there are no momes from the sale of tickets, "Gross Revenue" shall mean contributions from sponsors or other payments received by LICENEE for each Special Event. SCHEDULE C - STATE MUNICIPAL AND/OR COUNTY LEAGUES OR STATE ASSOCIATIONS OF ATTORNEYS REPORT YEAR. ANNUAL LICENSE FEE: $250.00 (Due within $0 days of renewal date.) Total Fees Reported From An}' or All of Schedules A, B or C: $ ASCAP, 2690 Cumberland Parkway, Suite 490, Atlanta, GA 30339-3913 800.$05.4052 770.805.3475 Email: muni¢ipal_llcensingC~ascap.com 2001-2002 RATE SCHEDULE FOR LOCAL GOVERNMENTS SCHEDULE A Base License Fee POPULATION BASE LICENSE FEE 1 50,000 .......... $ 250 50,001 75,000 .......... 500 75,001 - 100,000 .......... 600 100,001 - 125,000 .......... 860 125,001 - 150,000 .......... 1,000 150,001 - 200,000 .......... 1,300 200,001 250,000 .......... 1,600 250,001 300,000 .......... 1,900 300,001 350,000 .......... 2,200. 351,001 400,000 .......... 2,500 400,001 - 450,000 .......... 2,800 450,001 - 500,000 .......... 3,100 500,001 - p~s .......... 3,800, plus $500 for each 100,000 of population above 500,000 to a maximum ~e of $50,000 SCHEDULE B Special Events The rate for Special Events shall be 1% of Gross Revenue. "Special Events" means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the "Gross Revenue" of such Special Event exceeds $25,000. "Gross Revenue" means all monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Event. If there are no monies from the sale of tickets, "Gross Revenue" shall mean contributions from sponsors or other payments received by LICENSEE for each Special Event. SCHEDULE C State Municipal and/or County Leagues or State Associations of Attorneys The annual license fee for LICENSEES who are legally organized as state municipal and/or county leagues or state associations of mtmicipal and/or county attorneys shall be $250. License Fee for Year 2003 and Thereafter For each calendar year commencing 2003, all dollar figures set forth in Schedules A, B and C above (except for $500 add-on for populations of 500,001 or more) shall be the license fee for the preceding calendar year, adjusted in accordance with the increase in the Consumer Price Index - All Urban Consumers (CPI-U) between the preceding October and the next preceding October. Any additional license fees due resulting from the CPI adjustment shall be payable upon billing by ASCAP. ASCAP, 2690 Cumberland Parkway, Suite 490, Atlanta, GA 30339-3913 1.800.505.4052 770.805.3,~75 (Fax) Emaih m unicipal_licensing~ascap.corn The ASCAP License Agreement For Local Governments Page 1 of 3 ASCAP Licensing The ASCAP License Agreement For Local Governments ...Developed in Cooperation with the International Municipal Lawyers Association ASCAP and the International Municipal Lawyers Association are pleased to announce a new and economical way for local governments to ensure they are in compliance with copyright laws regarding the use of music! On behalf of its members and all local governments in the United States, IMLA joined in negotiations with ASCAP to provide a simple, comprehensive and cost-effective way for local governments to receive a license to use music. Have you ever thought about the number of things your government uses music for? How about festivals, concerts, arts & craft fairs, parades, First Night and New Year's Celebrations, fireworks, carnivals, music-on-hold, swimming pools, community center dances, aerobics classes,.., and the list goes on and on. Until now most communities had to negotiate licenses for each event or use. Now ASCAP offers a simple license agreement that will provide coverage for almost all non-dramatic performances presented on both government owned property and at functions and events hosted by the government. You can obtain all the necessary information you need right here: · Click here to send email to municipal licensing@ascap.com or call ASCAP at 800-505-4052 to have an ASCAP representative contact you. · Click here for a copy of the ASCAP License Agreement for Local Government Entities. http://www.ascap.com/licensing/imla.html 7/8/02 The ASCAP License Agreement For Local Governments Page 2 of 3 Please fill in the information required on the first and last pages of the agreement, sign and return along with the report form and payment to ASCAP at 2690 Cumberland Parkway, Suite 490, Atlanta, Georgia 30339 If you download the License Agreement, you must also click below to download: o a copy of the Rate Schedule o a copy of the Reporting Form. · Click here for a copy of the brochure describing this Agreement and your copyright obligations. ASCAP represents every kind of music. ASCAP's repertory includes pop, rock, alternative, country, R&B, rap, hip-hop, Latin, film music, television music, folk, roots, blues, jazz, reggae, gospel, contemporary Christian, new age, theater, cabaret, dance, electronic, symphonic, chamber, choral, band, concert, educational and children's music -- the entire musical spectrum. ASCAP is home to the greatest names in American music, past and present, as well as thousands of writers in the earlier stages of their careers. ASCAP members include Irving Berlin, Stevie Wonder, Bruce Springsteen, Leonard Bernstein, Madonna, Wynton Marsalis, Stephen Sondheim, Dr. Dre, Erykah Badu, Michael W. Smith, Duke Ellington, Rodgers and Hammerstein, Garth Brooks, Tiro Puente, the Dixie Chicks, Dave Matthews, Destiny's Child, Henry Mancini -- just to name a few. Among the works in the ASCAP repertory are: "Appalachian Spring," "Purple Haze," "1 Get A Kick Out of You," "Ain't No Mountain High Enough," "How Do I Live," "Fire and Rain," "Oh Happy Day," "Bills, Bills, Bills," "1 Swear," "A Night in Tunisia," "Moon River," "Doo Wop (That Thing)," "Just the Way You Are," "1 Shot the Sheriff," "My Girl," "Hello Dolly," "Jailhouse Rock," "Chattahoochie," "Like A Rock," "Like A Virgin," "Slide," and "Born in the U.S.A." ACT NOW! As part of the introduction of the Agreement, for those who accept and return the license agreement by June 30, 2002, ASCAP has agreed to waive any claims for copyright infringement, on behalf of its members for unauthorized non-dramatic public performances of music in the ASCAP repertory for public performances that occurred prior to the effective date of the License Agreement. However, if your local government has any outstanding account balances under existing or prior license agreements with ASCAP for the period before the effective date of the new License Agreement, the balance must be brought current before it can enter the License Agreement. http://www.ascap.com/licensing/imla.html 7/8/02 ' " A,bout ASCAP Licensing Page 1 of 3 ASCAP Licensing ABOUT ASCAP LICENSING ASCAP LICENSING (What ASCAP Licenses, What ASCAP Does Not License) Frequently Asked Questions Common Licensing Terms Licensing Resources Contact ASCAP Licensing GENERAL LICENSING (Nightclubs, Concerts, Hotels, Businesses, etc.) Frequently Asked Questions List of ASCAP General Licenses Local Government License Agreement EZ ASCAP Concert Reporting System _General Licensing Report Forms INTERNET LICENSING _Frequently Asked Questions _lnternet License Agreement RADIO LICENSING Frequently Asked Questions Radio Licensing Annual Reports Radio License Forms ASCAP PARIS Software RAVES TELEVISION LICENSING Frequently Asked Questions CABLE/SATELLITE LICENSING CUSTOMER BENEFITS ASCAP Since 1914 the Leader in Music Licensing ASCAP licenses the right to perform songs and musical works created and owned by songwriters, composers, lyricists and music publishers who are ASCAP members and members of foreign performing rights organizations who are represented by ASCAP in the United States. It is impossible for individual composers and pubhshers to monitor the hundreds of thousands of businesses that use music. It would be equally d~ff~cult, time consuming and expensive for business owners to locate and negotiate with all the owners of the music that might be used. There is a simple, fast and reasonably priced alternative. Through ASCAP, in one simple transaction, businesses can obtain the right to perform the m~lhons of songs created or owned by more than 135,000 of America's and hundreds of thousands of the world's best songwriters, composers, lyricists and publishers. Founded in 1914, and still owned by and managed for its wnter and publisher members, ASCAP grants businesses the permission they need to perform music publicly. The money collected is distributed, after deducbng operating costs (currently less than 16%), directly to ASCAP members and to affiliated foreign performing rights orgamzat~ons for their members. Music is a vital part of the total service businesses offer to customers. ASCAP's licensees recognize that using music benefits their businesses because music, hke other amenities or products, pays off in heightened customer satisfaction, increased profits, and ~mproved employee morale and productivity. If you are using music now, or are thinking about using music in the future, click here for more information on the ASCAP repertory http ://www.ascap.com/licensing/about.html 7/8/02 About ASCAP Licensing Page 2 of 3 Business Services Restaurant, Bar, Grill Services Retail Financial Travel Music Pro Insurance Tens of thousands of businesses find the ASCAP license the most convenient and economical way to gain access to the bulk of America's finest music. ASCAP's customers include major television networks, local television and, radio stations, cable and satellite networks and systems, public broadcasters, internet web sites, colleges and universities, night clubs, taverns and restaurants, background music services, fitness and health clubs, private clubs, hotels, conventions and trade shows, concert presenters, dance halls, shopping centers and malls, theme and amusement parks, airlines, skating rinks, retail stores, and music users in a wide variety of other industries. There are over one hundred different ASCAP rate schedules covering almost all businesses that perform music. See the complete list of ASCAP license types on this website. The fees for similar businesses with the same type of usage are the same, but the fees vary among the different industries. For example, a local radio station will pay a lower fee than a television network; a neighborhood tavern pays much less than a Las Vegas hotel. WHAT ASCAP LICENSES WHAT ASCAP DOES NOT LICENSE · You drive to work with the radio on, listening to music carefully chosen by a radio station to keep you tuned in for the ads it sells; · Theme music identifies your favorite television program and background music stimulates your reaction to car chases and love scenes, medical emergencies and family reconciliations; · The music tempo is used to influence your buying decisions at the supermarket, clothing or other store; · At a nightclub, music creates that party atmosphere; · Music on hold makes the time you are on hold pass more quickly and pleasantly; · Have you ever been at a restaurant and wondered why it ASCAP does not license "dramatic" rights, sometimes called "grand" rights. ASCAP members who write musical plays, operas or ballet scores deal directly with those who want to perform their works "dramatically." The ASCAP license does authorize non- dramatic performances of songs from dramatic productions. For example, our bar/nightclub license authorizes a piano-bar performance of an individual song from a Broadway show. ASCAP does not license the right to record music on a CD or tape or as part of a multi-media or an audio-visual work such as a motion picture, video or television program. Those rights, known in the music industry as mechanical and synchronization(or "synch") rights, are licensed by writers or publishers. http ://www.ascap.com/licensing/about.html 7/8/02 About ASCAP Licensing Page 3 of 3 later realize it was because you thought everyone could overhear your conversation? Music surrounds you, creating the privacy you desire. Music sets the mood and helps emphasize a corporation's message at company events on or off premises such as management conferences, sales meetings and training seminars. Imagine a company picnic, holiday or retirement party without music. Those are all public performances. Business owners recognize that because music so strongly affects people, it can also help make their business successful. And, like other products, music is not free. ASCAP does not license the right to print copies of musical works, nor does it license rights to make adaptations or arrangements. ASCAP does not license rights for recording artists, musicians, singers or record labels. However, artists or musicians who are songwriters can become ASCAP members. ASCAP licenses the performance rights for the music of ASCAP members. Whenever music is performed publicly the songwriter and music publisher, who created and own that music, have the right to grant or deny permission to use their property and to receive compensation for that use. 3oin ASCAP I Ab_out ASCAP I Contact I Site Guide I ASCAPLatino HOME I ACE I NEWS I MEMBER SERVICES I INSIDE MUSIC I Musx¢ LICENSING I LEGISLATION I YOUR CAREER Copyright and Terms of Use I Privacy Policy I http:~/_ww_w.ascap.c~om I info~ascap.com Reproduction or use of editorial or pictorial content in any manner is strictly prohibited without express written permission from ASCAP, © 2002 ASCAP http ://www.ascap.com/licensing/about.html 7/8/02 ASCAP Licensing: Frequently Asked Questions Page 1 of 4 ASCAP Licensing Frequently Asked Questions About Licensing ABOUT LICENSING ... RADIO ... ~TE_L._EVISI_ON ... GENERAL BUSINESSES ... INT_ERNET QUESTIONS ABOUT LICENSING 1. Why should I pay for playing music in public? We often use the expression "they're playing my song," not always remembering that while we may have emotionally adopted the song, it still legally belongs to the songwriter who created it, and the music publisher who markets it. When you use other people's property, you need to ask permission. 2. What is a public performance? A public performance is one that occurs either in a public place or any place where people gather (other than a small circle of a family or its social acquaintances.) A public performance is also one that is transmitted to the public; for example, radio or television broadcasts, music-on-hold, cable television, and by the internet. Generally, those who publicly perform music obtain permission from the owner of the music or his representative. However, there are a few limited exceptions, (called "exemptions") to this rule. Permission is not required http://www.ascap.com/licensing/licensingfaq.html 7/8/02 ASCAP Licensing: Frequently Asked Questions Page 2 of 4 for music played or sung as part of a worship service unless that service is transmitted beyond where it takes place (for example, a radio or television broadcast). Performances as part of face to face teaching activity at a non-profit educational institutions are also exempt. We recommend that you contact your Ioca_! ASC_A?__representa~t_!ve_ who can discuss your needs and how ASCAP can help you. 3. What Does the ASCAP License Do? o ASCAP gives you a license to entertain your customers, guests and employees with the world's largest musical repertory. One of the greatest advantages of the ASCAP license is that it give you the right to perform ANY or ALL of the millions of the musical works in our repertory. Whether your music is live, broadcast, transmitted or played via CD's or videos, your ASCAP license covers your performances. And with one license fee, ASCAP saves you the time, expense, and burden of contacting thousands of copyright owners. I bought the record or sheet music. Why do I need permission to perform the music? Copyright owners enjoy a number of different rights including performance rights, print rights and recording rights. Rental or purchase of sheet music or the purchase of a record does not authorize its public performance. I want to record or videotape a song or record. Do I need permission, and how do I obtain it? If you want to make copies of, or re-record an existing record, tape or CD, you will probably need the permission of both the music publisher and the record label. A music publisher owns the song (that is, the words and music) and a record company owns the "sound recording" (that is, what you hear .. the artist singing, the musicians playing, the entire production). If you plan to hire your own musicians and singers and create an odginal recording of a copyrighted song, then you need the permission of only the http ://www.ascap.corn/licensing/licensingfaq.html 7/8/02 ' A,SCAP Licensing: Frequently Asked Questions Page 3 of 4 music publisher. ASCAP does not license recording rights. Recording rights for most publishers are represented by the Harry Fox Agency: Harry Fox Agency, Inc. 711 Third Avenue New York, N.Y. 10017 Tel: (212) 370-5330 Fax: (212) 953-2384 http;llwww._nm_pa_.~prglhfa,h~ml The name and address of the record company should appear on the record label. The Recording Industry Association of America, a trade organization for record labels, can provide you with more information on the rights of record labels. Recording Industry Association of America (RIAA) 1020 19th St. NW, Suite 200 Washington, D.C. 20036 Tel: (202) 775-0101 Fax: (202) 775-7253 h ttp_://ww~_._ri a~ ._co m 6. Where does the money go? o Quite simply, to our members. All the fees we collect are distributed as royalties, after deducting operating expenses (currently less than 16%). What songs are in the ASCAP repertory and Who Are Your Members? Check out ACE_(ASCAP Clearance Expr_ess), ASCAP's searchable database of performed works, along with writer, publisher and recording artist information. TOP http://www, ascap.com/licensing/licensingfaq.html 7/8/02 ASCAP Licensing: Common Licensing Terms Defined Page 1 of 4 ASCAP Licensing Common Music Licensing Terms ADI ADI or Area of Dominant Influence is the geographic area or market reached by a radio or television station. It is used by advertisers and rating companies to determine the potential audience of a station. Blanket License "Blanket license" is a license which allows the music user to perform any or all of the 4 million musical works in ASCAP's repertory as much or as little as they like. Licensees pay an annual fee for the license. The blanket license saves music users the paperwork, trouble and expense of finding and negotiating licenses with all of the copyright owners of the works that might be used during a year and helps prevent the user from even inadvertently infringing on the copyrights of ASCAP's members and the many foreign writers whose music is licensed by ASCAP in the U.S.. [see also Per Progra~ License] Dramatic or Grand Rights or Dramatic Performances ASCAP members do not grant ASCAP the right to license dramatic performances of their works. While the line between dramatic and non dramatic is not clear and depends on the http ://www.ascap.com/licensing/termsdefined.html 7/8/02 ASCAP Licensing: Common Licensing Terms Defined Page 2 of 4 · facts, a dramatic performance usually involves using the work to tell a story or as part of a story or plot. Dramatic performances, among others, include: (i) performance of an entire "dramatico-musical work." For example a performance of the musical play Oklahoma would be a dramatic_ performance. (ii) performance of one or more musical compositions from a "dramatico-musical work" accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work from which the music is taken. For example a performance of "People Will Say We're In Love" from Oklahoma with costumes, sets or props or dialogue from the show would be dramatic. (iii) performance of one or more musical compositions as part of a story or plot, whether accompanied or unaccompanied by dialogue, pantomime, dance, stage action or visual representation. For example, incorporating a performance of "lf l Loved You" into a story or plot would be a dramatic performance of the song. (iv) performance of a concert version of a "dramatico- musical work." For example, a performance of all the songs in Oklahoma even without costumes or sets would be a dramatic performances. The term "dramatico-musical work" includes, but is not limited to, a musical comedy, oratorio, choral work, opera, play with music, revue or ballet. ASCAP has the right to license "non-dramatic" public performances of its members' works -- for example, recordings broadcast on radio, songs or background music performed as part of a movie or other television program, or live or recorded performances in a bar or restaurant. Dramatic and grand rights are licensed by the composer or the publisher of the work. Mechanical Rights A mechanical right is the right to record and distribute (without visual images) a song on a phonorecord for private use. Mechanical rights or a mechanical license must be obtained in order to lawfully make and distribute records, CD's and tapes. Recording rights for most music publishers can be obtained http://www.ascap.corn/licensing/termsdefined.html 7/8/02 ASCAP Licensing: Common Licensing Terms Defined Page 3 of 4 · from The Harry Fox Agency 205 East 42nd Street New York, New York 10017 212-370-5330 http :l/www. n m pa.org/hfa, htm l Music Publisher A music publisher works with songwriters to market and promote songs, resulting in exposure of songs to the public and generating income. Music publishers "pitch" songs to record labels, movie and television producers and others who use music, then license the right to use the song and collect fees for the usage. Those fees are then split with the songwriter. Per Program License A "per program" license is similar to the hl_a__nket !_!_c_ en~ in that it authorizes a radio or television broadcaster to use all the works in the ASCAP repertory. However, the license is designed to cover use of ASCAP music in a specific radio or television programs, requiring that the user keep track of all music used. Also, the user must be certain to obtain rights for all the music used in programs not covered by the license. Public Performance or Performance Rights A public performance is one that occurs "in a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered." A public performance also occurs when the performance is _tra___n_smitted by means of any device or process (for example, via broadcast, telephone wire, or other means) to the public. In order to perform a copyrighted work publicly, the user must obtain performance rights from the copyright owner or his representative. Record Label A record label (or record company) makes, distributes and markets sound recordings (CD's, tapes, etc.) Record labels obtain from musLc publi_s_hers the right to record and distribute songs and in turn pay license fees for the recordings. Retransmission http ://www.ascap.com/licensing/termsdefined.html 7/8/02 ASCAP Licensing: Common Licensing Terms Defined Page 4 of 4 A transmission of a performance is one that is sent by any device or process (for example, radio, TV, cable, satellite, telephone) and received in a different place. ^ retransmission is a further transmission of that performance to yet another place. Sound Recording A sound recording refers to the copyright in a recording as distinguished from the copyright in a song. The copyright in the song encompasses the words and music and is owned by the songwriter or music publisher. The sound recording is the result of recording music, words or other sounds onto a tape, record, CD, etc. The copyright encompasses what you hear: the artist singing, the musicians playing, the entire production). The sound recording copyright is owned by the record label. The copyright in the musical work itself is owned by the music publisher, which grants the record label a "me~b_a__nical'~ license to record and distribute the song as part of the record. Synchronization or "Synch" Rights A synchronization or "synch" right involves the use of a recording of musical work in audio-visual form: for example as part of a motion picture, television program, commercial announcement, music video or other videotape. Often, the music is "synchronized" or recorded in timed relation with the visual images. Synchronization rights are licensed by the music publisher to the producer of the movie or program. Join ASCAP ] About ASCAP_ I Contac_t I Site Guide [ ASCAPLatino HOME I ACE I NEWS I MEMBER SERVICES I INSIDE MUSIC I MUSIC LICENSING I LEGISLATION I YOUR CAREER Copyright and Terms of Use I Privacy Policy I h~p://www_.as_cap.com I info~ascap.com Reproduction or use of editorial or pictorial content in any manner is strictly prohibited without express written permission from ASCAP. © 2002 ASCAP http ://www. ascap.com/licensing/termsdefined.html 7/8/02 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~,"~/l AGENDA ITEM # ~ - REGULAR MEETING OF AUGUST 6. 2002 2002 LOCAL LAW ENFORCEMENT BLOCK GRANT .O_,LEBG) DATE: AUGUST 2, 2002 This is before the Commission to approve the acceptance of the 2002 Local Law Enforcement Block Grant (LLEBG) award of $172,320.00, with a City match funds of $19,145.00 for a total of $191,465.00. The Commission is also requested to approve the proposed allocation of funds as follows: Police Overtime Volunteer Program Equipment (Shields, AED's, Stop Sticks) Training $100,000 $25,000 $57,000 $8,000 Recommend acceptance of the 2002 Local Law Enforcement Block Grant in the total mount of $191,465.00, which includes the City's match grant of $19,145.00, and approval of the proposed allocation. S:\City Clerk\chevelle folder\agenda memos\2002 Local Law Enforcement Block Grant.08.06.02 Delray Beach Police Department 300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 Joseph L. Schroeder Chief of Police MEMORANDUM DELRAY BEACH Ali-America City 1993 2001 TO: FROM: David T. Harden City Manager *b\ David Jungh~ Ad ministrative-Senh'~ Director DATE: July 22, 2002 SUBJECT: AGENDA REQUEST Enclosed please find our Agenda Request for the annual BJA Block Grant. It is a requirement of the Block Grant that our proposed allocation of the Grant funding be placed in a public forum for review by local government and the general public. Over the last five years of this grant we have used the City Commission Meetings to meet this requirement. The other conditions of the Grant, a meeting to determine the Grant allocation and a review of the proposed spending by a designated committee, have been completed. A copy of the minutes of the committee meeting is enclosed. The total amount of this year's Block Grant is $172,320.00, with a match from the City of $19,145.00. On July 18th, you and Chief Schroeder discussed the use of Federal Asset Forfeiture Funds to support the match requirement. You will note that the Agenda Request reflects this decision. Should you have any questions or require additional information, please call or e- mail me, and I will provide the necessary information. DJ/ Enclosure Serving with P.R. LD.E. Professionalism, Respect, Integrity, Diversity and Excellence Wednesday, June 26, 2002 at 2:30 p.m. PRESENT: Delray Beach Police Department Chief Joseph L. Schroeder, Attorney Cathy Kozol, Administrative Services Director David Junghans; State Attorney's Office, Attorney Jonathan Wasserman; Village Foundation, Mr. Chuck Ridley, and Banyan Creek Elementary School, Principal William Fay The purpose of the meeting was to discuss the disbursement of the Block Grant monies. The dollar figure for the Block Grant is based on Part I crimes which occurred three-years ago in 1999. The estimated dollar figure is $172,320 with a 10% match bom the City. However, for planning purposes the Delray Beach Police Department will be requesting $190,000. The requirements of the Grant meetings are 1.) To accept the grant, 2.) Review the spending process, 3.) Hold a public forum by means of Commission meeting and 4.) To identif~ six purpose areas the expenditures must fall into. The proposed expenditures will be as follows: Overtime - $100,000: Overtime is the most used program to allow for special events such as Holiday Task Force, C.A.T.C.H. program and our ongoing West Atlantic Avenue Task Force. The Holiday Task Force begins the Friday after Thanksgiving and runs through December 31~t. As a result of this program, there has been only one crime in four years. The CATCH program works in conjunction with the Juvenile Probation offices to allow their officers to come into our City, working with our officers to facilitate the arrest of juvenile violators. The West Atlantic Avenue Task Force (WAATF) is a special team used to maintain street level drug enforcement throughout the City. Volunteer Program - $25,000: The Police Department currently has six to eight hundred volunteers who are not paid, but provide an invaluable service to the Department. The department wishes to compensate them through annual luncheons, maintenance of their fleet of vehicles, and maintenance of the volunteer marine patrol boat. Training Program - $8,000: Last year the Police Department brought in the Dale Carnegie Program of Leadership Management for all supervisors to attend. This year we have forecast the cost of training, however, a specific one has not yet been identified. Equipment - $57,000: Last year the City approved the take-home car plan. Although the cost of the vehicle has been budgeted additional equipment is needed for each vehicle brought online to the fleet. The items maintained in each vehicle includes but is not limited to car alarm, protective masks, radio mits, stop sticks, and police shields. CONCLUSION: Chief Schroeder called for a vote of agreement for the proposed Grant expenditure, Mr. Chuck Ridley agreed and Mr. William Fay second the motion. There were no oppositions and a unanimous agreement was voted for the expenditure of the funds. Meeting adjourned at 3:00 p.m. /rmh TO: FROM: SUBJECT: PAUL DORLIN~TOR OF PLANNING AND ZONING MEETING OF AUGUST 6, 2002 ***CONSENT AGENDA *** APPROVAL OF MODIFICATIONS TO D.E.P. CONTRACT NO. 99PB2, FOR FUNDING RELATED TO THE YEAR 2002 BEACH NOURISHMENT PROJECT The action requested of City Commission is that of approving modifications to D.E.P. Contract No. 99PB2 between the City and the Florida Department of Environmental Protection (D.E.P.) for the state's cost sharing of the Beach Nourishment Project. The current D.E.P. Contract 99PB2 was approved by City Commission on January 18, 2000 and represents a project agreement between the State and the City of Delray Beach for state cost sharing not to exceed $1,373,274. The contract was subsequently amended in March, 2001 to accommodate an increased reimbursement rate for certain tasks. The contract period runs from its execution date to August 1,2003 and covers the state's share of sand placement and related tasks through the year 2002. The proposed modifications reflect a reduction of $120,000 in the amount allocated for the construction phase of the project. The construction phase total was far less than expected as a result of the very competitive bid. The remaining money allocated for the construction phase is more than enough to cover the state's full reimbursement obligation under the contract. Further, all of the funds currently encumbered under the current contract need to be expended before the end of the contract period (August 1, 2003) and the remaining contract funds provide adequate funding to accommodate all planned tasks associated with the project. The $120,000 will be utilized by the county for a larger countywide project involving high resolution aerial pictures of the near shore reef system. These photos will be utilized by the City and other municipalities for further project planning. The modifications have been reviewed and approved as to legal sufficiency and form by the City Attorney. By motion, approve the modifications to D.E.P. Contract # 99PB2 between the City of Delray Beach and the Florida Department of Environmental Protection (D.E.P.), for the state's cost sharing of the 2002 Beach Nourishment Project. Attachments: Contract #99PB2 Proposed modifications S:~adv~beach\contractmod299PB2 DEP Contract No. 99PB2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF BEACHES AND COASTAL SYSTEMS FLORIDA BEACH EROSION CONTROL PROGRAM Project Agreement T~IS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and the Cify of Delray Beach (hereinafter referred to as the "LOCAL SPONSOR") for the project described herein. WHEREAS, the DEPARTMENT, pursuant to Chapter 161, Florida Statutes, provides financial assistance to eligible local governments for beach erosion control activities under the Florida Beach Erosion Control Program; and WHEREAS, the LOCAL SPONSOR has the capabilities of performing the tasks associated with the beach erosion control project as described herein. NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows: 1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the Delray Beach Nourishment Project, (hereafter referred to as the PROJECT), as defined as Exhibit "A", the Scope of Work, and the LOCAL SPONSOR does hereby agree to perform such sea-vices upon the terms and conditions set forth in this Agreement and all attachments and exhibits named herein which are attached hereto and incorporated by reference. 2. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. Any and all equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. 3. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. 4. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and future requisite authorizations and environmental permits. The PROJECT consists of the nourishment of approximately 2.7 miles of Atlantic shoreline between DNR reference monuments R-175 and R-189, in Palm Beach County. The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT item, as specified below. Written authorization to initiate each item must be obtained from the DEPARTMENT prior to the initiation of said item. 5. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are: Task ~ Eliqible PROJECT Items ESTIMATED PROJECT COSTS Federal State Local Total Design $71,820 $27,840 $27,840 $127,500 Construction $3,118,204 $1,208,699 $1,208,699 $5,535,602 Monitorinc $352,780 $136,735 $136,735 S626,250 TOTAL $3,542,804 $1,373,274 $1,373,274 $6,289,352 6. The DEPARTMENT has determined that 100% of the PROJECT length is eligible for state cost sharing. Therefore, the DEPARTMENT's financial obligation shall not exceed the sum of $1,373,274 for this PROJECT or up to 50.00% of the non-federal PROJECT cost for the specific eligible PROJECT items listed above, whichever is less. The DEPARTMENT_ and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in the above eligible PROJECT items listing are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any Page 1 of 22 DEP Contract No. 99PB2 costs for the specific eligible PROJECT items, which exceed the estimated PROJECT costs for that item shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated PROJECT costs shall be provided through amendments to this Agreement. 7. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. Funding for this PROJECT is subject to the release of funds appropriated to the DEPARTMENT for fiscal years 1998- 1999 and 1999-2000. The DEPARTMENT will not release funds for payment until such time as all requisite authorizations and e~vironmental permits, including those required pursuant to Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. 8. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as identified in Exhibit "B", for beach use throughout the life of the PROJECT, defined as eight (8) years. If at any time the LOCAL SPONSOR fails to maintain the subject beach access sites and public parking for use by the general public on an equal basis, the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT associated with any beach access site where maintenance is discontinued. Additionally, the LOCAL SPONSOR agrees to maintain public beach access signs that are clearly visible from the highway for the life of the PROJECT. 9. This section intentionally blank. 10. As consideration for the eligible work performed by the LOCAL SPONSOR, not cost shared by the Federal 9overnment, under the terms of this Agreement, the DEPARTMENT shall pay the LOCAL SPONSOR as specified herein. For satisfactory performance, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis for contractual services rendered. The LOCAL SPONSOR will submit a request for reimbursement of funds on such forms as attached hereto in Exhibit "C", not more frequently than monthly. These forms shall be certified as accurate by the LOCAL SPONSOR'S Project Administrator and the LOCAL SPONSOR'S Project Financial Officer and submitted to the DEPARTMENT as a payment request. The DEPARTMENT'S Project Manager has 30 days after receipt of the billing to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approvin9 the billin9 for payment. Upon approval of the payment request the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR less ten (10) percent which shall be retained on account. The cumulative amount retained for each eligible PROJECT item shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement and the applicable Scope of Work for said item. All reimbursement requests shall be submitted in sufficient detail for a proper pre-audit and post-audit review. Reimbursement requests for payment to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the LOCAL SPONSOR. Travel expenses and per diem must be documented by a State of Florida Travel Voucher with appropriate receipts. Ail requests for reimbursement of travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. 11. Pursuant to Section 215.422, Florida Statutes, for work not cost shared by the Federal government, the DEPARTMENT'S Project Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the services for payment; the DEPARTMENT must submit a request for payment to the Florida Department of Banking and Finance within twenty (20) days; and the Department of Banking and Finance is given fifteen (15) days to issue a warrant. Days are calculated from the latter date the invoice is received or services received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices which have to be returned to a LOCAL SPONSOR for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida Department of Banking and Finance who may be contacted if a LOCAL SPONSOR is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1-800-848-3792. 12. In accordance with Section 215.422, Florida Statutes, the DEPARTMENT shall pay the LOCAL SPONSOR, interest at a rate as established by Section 55.03(1), Florida Page 2 of 22 DEP Contract No. 99PB2 Statutes on the unpaid balance, if a warrant in payment of an invoice is not issued within forty (40) days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless a LOCAL SPONSOR requests payment. The interest rate established pursuant to Section 55.03(1), by Comptroller's Memorandum No. 3 (1997-98) dated December 3, 1997, has been set at 10% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1997 for which the term of this Agreement is in effect can be obtained by calling the Department of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the DEPARTMENT'S Contracts Section at 850/922-5942 13. The LOCAL SPONSOR shall submit to the DEPARTMENT quarterly progress and financial reports for the duration of this Agreement. Reports shall be submitted on such forms as attached hereto in Exhibit "D" no later than January 15, April 15, July 15, and October 15, of each year in which the project is underway. Progress reports shall describe the work performed since the last report and the percent completion of the task. Financial reports shall be consistent with progress reports. 14. Upon completion of the PROJECT, the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion, attached hereto as Exhibit "E". A final PROJECT certification inspection will be made by the DEPARTMENT within 60 days after the PROJECT is certified, complete by the LOCAL SPONSOR. 15. This Agreement shall begin on the last date executed and end on August 1, 2003. Pursuant to Section 161.101 (15), Florida Statutes, work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor beginning on or after July 1, 1998, shall be eligible for cost sharing by the DEPARTMENT. 16. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 287, Florida Statutes, which is expressly made a part of this Agreement and is incorporated herein by reference as if fully set forth. The DEPARTMENT shall review and approve in writing all proposed subcontracts prior to the execution of the subcontract by the LOCAL SPONSOR and subcontractor. 17. The LOCAL SPONSOR shall have in place quality assurance procedures that insure that proper quality control measures are incorporated into all work performed under the terms of this Agreement. 18. The provisions of Chapter 62B-36, Florida Administrative Code, entitled Florida Beach Erosion Control Assistance Program, are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. 19. The DEPARTMENT's Project Manager is Jacqueline Thompson, or her successor. 20. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 21. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEPARTMENT shall provide ten (10) calendar days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving ninety (90) calendar days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in Paragraph 22. 22. Any and all notices shall be delivered to the parties at the following addresses: Page 3 of 22 DEP Contract No. 99PB2 Paul Dorling 100 Northwest 1s~ Avenue Delray, Florida 33444 (561) 243-7321 DEPARTMENT Jacqueline Thompson Department of Environmental Protection Office of Beaches and Coastal Systems 3900 Commonwealth Blvd., MS 300 Tallahassee, Florida 32399-3000 (850) 487-1262, ext. 195 23. Pursuant to Section 216.2815, Florida Statutes, all records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records are under general law. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LOCAL SPONSOR in conjunction with this Agreement. 24. In accordance with Section 216.349, Florida Statutes (financial review of grants and aids appropriations), the LOCAL SPONSOR shall provide to the DEPARTMENT an audit of this Agreement in accordance with the rules of the Auditor General promulgated pursuant to Section ~!.45, Florida Statutes. The DEPARTMENT reserves the right to recover costs for failure to comply with Section 216.349, Florida Statutes. Copies of the required audit, shall be sent to each of the following within thirteen (13) months after completion of the LOCAL SPONSOR's fiscal year in which the Agreement was completed. Jacqueline Thompson Department of Environmental Protection 3900 Commonwealth Blvd., MS 310 Tallahassee, Florida 32399-3000 Audit Director Department of Environmental Protection 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Audit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, FL 32302 To ensure compliance with Section 216.349, Florida Statutes, Chapter 10.600, Rules of the Auditor General is provided as Exhibit "F". Although this document is provided as an attachment to this Agreement, the LOCAL SPONSOR acknowledges that this rule is subject to periodic revision by the Auditor General, and as such, the LOCAL SPONSOR agrees to comply with the effective version of the rule at the time of satisfying the audit requirements of this Agreement. 25. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch or a state agency. 26. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for three years following Agreement completion. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Page 4 of 22 DEP Contract No. 99PB2 27. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 28. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 29. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 30. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 31. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 32. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. 33. This Agreement is an exclusive contract for services and may not be assigned in whole or in part without the written approval of the DEPARTMENT. 34. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Project Manager. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPA3~TMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 35. The LOCAL SPONSOR warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida Law, and that such self-insurance offers protection applicable to the LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of their employment with the LOCAL SPONSOR. 36. The purchase of non-expendable equipment costing $500 or more is not authorized under the terms and conditions of this Agreement. 37. The DEPAR~MENT may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, time, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the LOCAL SPONSOR's cost or time shall require an appropriate adjustment and modification (formal amendment) to this Agreement. 38. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, Page 5 of 22 DEP Contract No. 99PB2 contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 39. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. CITY OF DELRAY pEACH D ..~~/r V~gnee* By: DEPARTMENT OF ENVIRONMENTAL PROTECTION Sec~eRa~y or designee Date: //~/~ ~n~a~t Man~?'-~~ APPROVED AS TO FORM AND LEGALITY: ~Ep Attorney *If someone other than the Mayor signs the project agreement, a resolution, statement or other documentation authorizing that person to sign the agreement on behalf of the City must accompany the agreement. Page 6 of 22 DEP Contract No. 99PB2 DEP Contract No. 99PB2 Amendment No. 1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF BEACHES AND COASTAL SYSTEMS FLORIDA BEACH EROSION CONTROL PROGR3AM Project Agreement ~endment THiS AGREEMENT as entered into the twenty-first day of January, 2000, De,ween the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred %0 as "DEPARTMENT") and City of Delray (hereinafter referred to as the "LOCAL SPONS©R", hereby amended as follows: --Paragraph(s). 5, 6, ~,, 8, 19, 22, and 24, are hereby revised to read as follows: 5. The DEPARTMENT and the LOCAL SPONSOR agree ~nat %he es%mma5ea costs of 5ne PROJECT are: I TaskI % Eligible PROJECT Items i 1.0 I Des!gn and Perm!t~lng ESTIMATED PROJECT Federal I State I i.i t Deszgn I $71,8201 S27,840 ! !'2 I C-7!i5 I i 2.0 Construction ! $3,118,204 ! $1,134,714 I 3.0 I Monizor~ng t $352,780 I $!36,735 J I TOTAL J $3,542,804 I $1,373,274 Local $2i,840 S0 I $73,985 $ig,182 £1,134,714 ~136,725 $!,3!7,4-1 Tm5ai S!27,500 1 $92, !£~ ~ S626, ' =' S6,233,5*P ' 6. The DEPARTMENT's financial obligauion shall not exceec ~ne sum of £i,Z73,274 %hms PROJECT or up ~o 50 percen~ of uhe non-federal PROJECT cQs5 for ~ne speclfis elicirie PROJECT iuems !.!, 2, and 3, and 80.3 percent for ltem 1.2, whichever -= less. The DEPARTMENT and the LOC~ SPONSOR agree that any and all acmlvi%ies associ5mec wimn PROJECT that are no5 shown in the above eligible PROJECT i~ems !msting are Cna responsibility of ~he LOCAL SPONSOR and are no5 a part of thzs Agreement. The LOCAL SPONSOR agrees 5hat any costs for ~he specific e!%g!ble PROJECT ~zems w ...... = estimated PROJECT cosus for 5hat item shall be uhe responsibility of the LOC/-~ SPONSOR. mo .... cat_ohs to the esulmated PROJECT costs shall be provided 5hrough amenctmenu. 5kis Agreement. 7. The State of Florida's performance and obligation to pay under uhzs Agreement contingent upon an annual appropriation by the Legislature. Funding for this PROJECT subject 5o the release of funds appropriazed to uhe DEPARTMENT for the fLssal__v=a and 1999-00. The DEPORTMENT will not release funds for paymen5 unui! such 51me as all reuuisite, authorizazions and environmental permits, including those _ec~ ~'-~ pursuanu Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. 8. The LOCAL SPONSOR agrees =o maintain 5he pub!~c beach access s~5es aha DuDllc ~ = -~=~= in "Funding E!ig~-%~' a~zauned nere%c parking spaces, as =~_n ..... d Attachment "B" zncorporated herein Dy reference, for Peach use uhroughou5 5he ~== of nne PROJECT, ~==~ =~ ._m_ LOCAL SPONSOR fazis to ma~ntamn -~e =u~=-- .... n~ as 8 years i= at any ~ = 5he access sz5es and DuD!lc parkzng for use by Lne cenerai Duo!mc on an equal oasis SPONSOR agrees to rezmburse the DEPARTMENT all funds provzded Dy %ne DEPARTMENT ...... s~on==nu~. Acdau~onalll-, -~= wm%n any beach a~=~s size where mainuenance is ~ .... =~ _ SPONSOR agrees zo mazntamn pub=_c beach access signs unau are s=early vLSLble iron highway for the life of the PROJECT. 19. The DEPARTMENT's Project Manager for all tecnnmca! mau5ers ~£ Jacuuelzne Thompson and the Deparnment's Contract Manager for all a~T~inzsuranzve mann=z= _s TucKer, or znelr successor, r.m! me,tars shall De cirected ~o mhe approprLaLe Derson£ acuion or dispositmon. D--_~D Proj_-u=~ AGreement_ No. 99PB2, Amendmen5 No. i, Pace 22. Any and all notices shall be delivered to the parties at the following addresses: LOCAL SPONSOR Paul Dorling 100 Northwest 1~= Avenue Delray, Florida 33444 (561) 243-7321 DEPARTMENT C. Tony Tucker, Contract Manager Department of Environmental Protection Office of Beaches and Coastal Systems 3900 Commonwealth Blvd., MS 300 Ta!lahassee, Florida 32399-3000 (850) 487-1262, ext. 192 24. In addition to the requirements of Paragraph 23 of 5his Agreement, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment "F", Special Audit Requirements, atsached hereto and incorporated herein by reference. Exhibit "l" summarizes the funding sources supporting %he Agreement for purposes of assisting the LOCAL SPONSOR in comp!y~nu with the requlrements of Attachmen5 "F". A revised copy of ~ibit "1" must be provided to the LOCAL SPONSOR for each amendment which authorizes a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit "1", the LOCAL SPONSOR shall notify the DEPARTMENT's Contract Manager to re_quest a copy of the updated info-~mation. --All references to E)~ibit(s) A, B, C, D, and E are hereby deleted in their entirety and replaced with Attachment(s) A, B, C, D and E, respectively, whmch are attached hereto and incorporated herein by reference. --Exhibits A, B, C, D, E, and F, respectively, are hereby deleted from ~he Agreement. --Attachraents A, B, C, D, E, and F are hereby added to the Agreement. in all other respects, the Agreement of wb. ich this is an Amendment, and attachments relative thereto, shall remain in full force and e~fect. R~V~INDER OF THIS PAGE iNT~TiONALLY LEFT BLANK DEP Project Agreement No. 99PB2, Amendment No. !, Page 2 of 3 IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed, the day and year last written below. CITY OF DELRAY BEACH Mayor or Designee* Date: ~/~/ ,,, DEPARTMENT OF ENVIRONMENTAL PROTECTION By: SeCretary or designee Date: ~ZX/~ / .D~P Colntr~ct Manager APPROVED AS TO FORM AND LEGALITY: ' DEP Atto.~n'ey *If someone other than ~he Mayor signs the project agreement, a resolution, statcment or other docuraentation auuhorizing that person to sign the .agreement on behalf of the Counuy must accompany the agreement. List of Attachments/E%~2bits included as part of this Amendment: Specify Letter/ Type Number Description (include number of pages) Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Scope of Work (2 pages) - Funding Eligibility (1 page) Payment Re_cruest Forms (2 pages) Progress and Financial Reporting Forms (2 pages) Project Completion Certification (1 page) Special Audit Requirements (5 pages) REM3.iNDER OF PAGE INTENTIONALLY LEFT BLANK DEP ProDecu Agreement No. 99PB2, Amendment No. !, Page 3 of 3 DEP Agreement No. 99PB2 Amendment No. 2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF BEACHES AND COASTAL SYSTEMS FLORIDA BEACH EROSION CONTROL PROGRAM Project Agreement Amendment THIS AGREEMENT as entered into the 21st day of January, 2000, and amended on the 23rd day of March, 2001 between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and CITY OF DELRAY (hereinafter referred to as the "LOCAL SPONSOR") is hereby amended as follows: --Paragraph(s) 5, 6, and 13 are hereby revised to read as follows: 5. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are: Task # Eligible PROJECT Items ESTIMATED PROJECT COSTS Federal State Local Total 1.0 Design and Permitting 1.1 Design . $71,820 $27,840 $27,840 $127,500 1.2 C-7115 $0 $73,985 $18,182 $92,167 Subtotal $71,820 $101,825 $46,022 $219,667 2.0 Construction $2,788,403 $1,014,714 $1,014,714 $4,817,831 3.0 Monitoring $352,780 $136,735 $136,735 $626,250 TOTAL 3,213,003 $1,253,274 $1,197,471 $5,663,748 6. The DEPARTMENT's financial obligation shall not exceed the sum of $1,253,274 for this PROJECT or up to 50 percent of the non-federal PROJECT cost for the specific eligible PROJECT items 1.1, 2.0, and 3.0, and 80.3 percent for item 1.2, whichever is less. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in the above eligible PROJECT items listing are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible PROJECT items which exceed the estimated PROJECT costs for that item shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated PROJECT costs shall be provided through amendments to this Agreement. 13. The LOCAL SPONSOR shall submit to the DEPARTMENT quarterly progress reports, financial reports, and updates to project schedules, for the duration of this Agreement. Reports shall be submitted on such forms as attached hereto in Attachment "D-I", "Quarterly Progress Report" and "Quarterly Financial Report", no later than January 15, April 15, July 15, and October 15, of each year in which the project is underway. Progress reports shall describe the work performed since the last report and the percent completion of the task. Financial reports shall be consistent with progress reports. --Paragraph No. 40 is hereby added to the agreement as follows: 40. If a force majeure occurs which causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this PROJECT Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally and shall, within seven (7) calendar days, notify the DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the LOCAL SPONSOR's intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, time for performance under this PROJECT Agreement may be extended, at the discretion of the DEPARTMENT, for a period of time equal to the delay resulting from the force majeure. Such agreement shall be confirmed by letter from the DEPARTMENT accepting, or if necessary, modifying the DEP Project Agreement No. 99PB2, Amendment No. 2, Page 1 of 2 extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary governmental or third party approvals, governmental restraint, and any other cause, whether of the kind specifically enumerated herein or otherwise, which is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued under this PROJECT Agreement. Failure to perform by the LOCAL SPONSOR's consultant(s) or subcontractor(s) shall not constitute a force majeure event. --Ail references to Attachments C, D and F are hereby deleted from the Agreement and replaced with references to Attachments C-I, D-1 and F-1 respectively. --Attachments C, D and F are hereby deleted from this Agreement and replaced with Attachments C-I, D-1 and F-1 respectively, which are attached hereto and made a part hereof. In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed, the day and year last written below. CITY OF DELRAY BEACH DEPARTMENT OF ENVIRONMENTAL PROTECTION By: By: Mayor* Date: Date: Secretary or designee AP~~ LEGALITY: *If someone other than the Mayor signs the project agreement, a resolution, statement or other documentation authorizing that person to sign the agreement on behalf of the City must accompany the agreement. List of Attachments/Exhibits included as part of this Amendment: Specify Letter/ Type Number Description (include number of pages) Attachment C-1 Attachment D-1 Attachment F-1 Payment Request Forms (2 pages) Progress and Financial Reporting Forms (2 pages) Special Audit Requirements (4 pages) DEP Project Agreement No. 99PB2, Amendment No. 2, Page 2 of 2 £1T¥ DF DELRri¥ BErI£H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: Writer's Direct L~ne' 561/243-7091 MEMORANDUM July 30, 2002 City Commission David T. Harden, City Manager Susan A. Ruby, City Attorney Request for Extension of Occupancy until October 31,2002 The Pious Society has requested an extension of the Occupancy Agreement until October 31,2002. I recommend that you approve the extension request subject to the ability of the City and its authorized designees to come on to the property to inspect and to perform whatever studies or tests that may be required or authorized by the City. Please place this extension request subject to the above stipulation on the August 6, 2002 consent agenda for City Commission approval. CC: Barbara Garito, City Clerk Carl Cascio, Esq. Robed W. Federspiel, Esq. MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ A~;ENDA ITEM - REGULAR MEETINg; OF AUGUST 6. 2002 $CRWTDB/CONSULTING CONTRACT DATE: AUGUST, 2002 This is before the City Commission to approve a consulting contract for the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) to Hazen & Sawyer in the amount of $24,000.00 for preparation of a federal funding request package for the proposed Reclaimed Water System expansion at the Water Treatment Plant. The total amount of the contract is $48,000.00. The City of Boynton Beach and the City of Delray Beach are both paying an equal share of $24,000.00. Funding is awilable from 441-5181-536-63.95 for $24,000.00 (SCRWTDB Reuse System Expansion). Recommend approval of the consulting contract with Hazen & Sawyer for preparation of a federal funding request package for the proposed Reclaimed Water System expansion at the Water Treatment Plant. S:\City Clerk\chevelle folder\agenda memo~\SCRWTDB. Hazen & Sawyer.08.06.02 E~&ibi~ "A" AUTHORIZATION TO FUND HAZEN & SAWYER!S TASK ORDER FOR CONSULTING SERVICF.,S NEEDED TO PREPARE A FEDERAL FUNDING REQUEST PACKAGE ANDTO ASSIST THE BOARD IN MONITORING FUNDING PURSUIT. ~ $48,000. WILL BE DIVIDED EQUALLY FROM BOYNTON AND DELRAY BEACH UTILITW_,S DEPARTMENT FUNDS IN THE AMOUNT OF $24,000. CITY OF DELRrI¥ BErlCH CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Wnter's Direct Line 561/243-7091 1993 DATE: July 30, 2002 MEMORANDUM TO: FROM: City Commission Brian Shutt, Assistant City Attorney SUBJECT: Rules of the Board of Construction Appeals Attached please find the revised rules for the Board of Construction Appeals that were adopted at their July 17, 2002 regular meeting. The rules were modified to incorporate the procedures for quasi-judicial hearings that were previously adopted by the Commission. By copy of this memo to David Harden, our office requests that this item be placed on the August 6, 2002 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk Karen Schell, Executive Asst./Board Liaison RULES OF THE CITY OF DELRAY BEACH BOARD OF CONSTRUCTION APPEALS ARTICLE I: GENERAL GOVERNING RULES: The Board of Construction Appeals (hereinafter referred to as the Board) shall be gov- erned by Article 2.2 of the Land Development Regulations of the City of Detray Beach, as amended, and the Rules of Procedure set forth herein, as adopted by the Board and approved by the City Commission. ARTICLE II: SPECIAL GOVERNING RULES: The Board shall also be governed by Article 2.4 of the Land Development Regulations of the City of Delray Beach Code of Ordinances, as amended, and the Rules of Procedure set forth herein, as adopted by the Board and approved by the City Commission. ARTICLE III: OFFICERS~ COMMITTEES: 1. The Board shall elect a Chair, Vice Chair and 2nd Vice Chair annually in the month of September, for a term of one (1) year pursuant to Section 2.2.1(D) of the Land Development Regulations of the City of Delray Beach Code of Ordinances, as amended. 2. The Chair (or in his/her absence the Vice Chair or 2nd Vice Chair) shall preside at all meetings and hearings of the Board and decide all points of order and procedure. The Chair shall appoint any committees which may be found necessary. 3. The Board Clerk shall be designated by the City Manager. The Board Clerk shall take and transcribe the minutes of each meeting of the Board and assume all ministerial duties. ARTICLE IV: 1. MEETINGS: The Board shall meet every first Wednesday of March, June, September and December at 5:00 p.m. if there is business to be considered before the board, unless there is cause to hold an interim meeting pursuant to the requirements as set forth in Section 2.2.1(E) of the Land Development Regulations of the City of Delray Beach Code of Ordinances, as amended. 2. SPECIAL MEETINGS: A special meeting may be called by the Chair subject to compliance with the statutory notice provisions. 3. QUORUM: A quorum shall consist of five (5) voting members of the Board for all actions. No action of the Board shall be taken on any matter except upon the concurring vote of not less than five (5) voting members of the Board pursuant to Section 2.2.5(C) of the Land Development Regulations of the City of Delray Beach Code of Ordinances, as amended. 4. REPRESENTATION; PERSONAL INTEREST: No member of the Board shall appear before the Board or represent before the Board a person in any matter pending before the Board. No member of the Board shall hear or vote upon an appeal or motion for re-heating in which he/she is directly or indirectly affected in any financial way. Whenever a member of the Board has a personal, private or professional interest in any matter which comes before the Board, that member shall, within fifteen (15) days after the vote occurs, file the proper form with the recording secretary of the Board pursuant to the provisions of Chapter 112, Florida Statutes. 5. CONDUCT OF MEETINGS: All meetings shall be open to the public. The Chair may administer oaths or require the attendance of witnesses, and shall administer oaths when hearing appeals. The order of business at meetings shall be as follows: a.) b.) c.) d.) Roll Call Approval of minutes of previous meetings Reports of committees Unfinished business 2 the Land amended. 2. e.) Hearing of Appeals f.) New Business 6. ADJOURNED MEETINGS: The Board may adjourn a regular meeting if all business cannot be disposed of on the day set, and no further public notice shall be necessary for such a meeting if the time and place of its resumption are stated at the time of adjournment and are not changed prior to its resumption. ARTICLE V: ABSENCES: A Board member's absence fi.om three (3) consecutive meetings shall constitute an automatic resignation from the Board by such member. Each Board member shall be responsible for notifying the recording secretary as promptly as possible of any anticipated absence from a Board meeting. Except for automatic resignation from the Board, a Board member may resign by filing a written statement of resignation with the Board Clerk. Vacancies on the Board shall be filled pursuant to Section 2.2.1 (F) of the Land Development Regulations of the City of Delray Beach Code of Ordinances, as amended. ARTICLE VI: RIGHTS~ POWERS~ PRIVILEGES AND DUTIES: 1. APPEALS: Shall be taken within a reasonable period of time, not to exceed ten (10) days of the action being appealed pursuant to thc terms of Sections 2.2.5(D) and 2.4.7(E) of Development Regulations of the City of Delray Beach Code of Ordinances, as STAY OF PROCEEDINGS: Shall conform to Section 2.4.7(E) of the Land Development Regulations of the City of Delray Beach Code of Ordinances, as amended. 3. DECISIONS: Shall be made pursuant to Section 2.2.5(D) of the Land Development Regulations of the City of Delray Beach Code of Ordinances, as mnended. 4. PUBLIC NOTICE: Notice of the Hearing of the appeal shall be given in accordance with Section 2.4.2(A) of the Land Development Regulations of the City of Delray Beach Code of Ordinances and Florida Statutes. 5. AMENDMENT: An appeal may be amended at any time or from time to time prior to or during the Heating of the appeal, provided that the amendment does not materially alter the appeal as published in the public notice so as to make the public notice of the appeal misleading, or that the amendment does not request a greater variance from the terms existing ordinances than that requested by the appeal. In the event the amendment makes an appeal misleading or requests a greater variance, as determined by the Chair of the Board; an amended public notice shall be given. The applicant shall pay any and all additional fees necessary for the re-publication of the public notice. 6. DISMISSAL: An applicant may voluntarily dismiss his or her appeal at any time prior to the commencement of a roll call vote to decide such appeal, and such dismissal shall be without prejudice. A voluntary dismissal shall be in writing and filed with the Board Clerk, unless announced at the public hearing. ARTICLE VII: HEARING AND RE-HEARING: 1. Appeals shall be heard in the order of their filing; amended appeals shall have priority according to the date of the amendment and public notice. 2. At the hearing, the applicant or any other interested parties, in accordance with Section 2.4.2(B) of the Land Development Regulations of the City of Delray Beach Code of Ordinances, as amended, may appear on his own behalf or be represented by a designated agent or attorney. If the applicant does not appear on his own behalf at the hearing, he shall file with 4 the Board Clerk, prior to the public hearing, a statement, made under oath, authorizing such other person or persons to represent him at the hearing. 3. Procedures for Quasi-Judicial Hearings. (A) Definitions: Applicant - the owner of record or his or her authorized agent. Citizen Participants - those members of the general public, other than the City, the Applicant, or other Party to the proceeding, who attend a quasi-judicial public hearing for the purpose of being heard on a particular application. Ex Parte - communications, oral or written, between members serving on the board or commission and the public, other than those made on the record at the hearing. Party - the owner of property located within 500 feet of the property that is the subject of the application and who meets the additional requirements set forth in Section (B)(2) below. Quasi-Judicial Proceedings - proceedings where existing policies and regulations are applied to a specific property. Examples are site specific rezonings, conditional use approvals, site plan approvals, waivers and variances, plat approvals, certificates of appropriateness, historic designations, but not land use amendments or amendments to the comprehensive plan and not generally, amendments to the Land Development Regulations. Relevant Evidence - evidence that either strengthens or weakens the application by supporting or disapproving factual assertions related to the application. (B) General Processing for Heatings (1) File/Inspection. (a) Establishing the File. The Building Department shall establish a project file. All written communications shall be sent to the Building Department. The project file will be maintained in the Building Department. (b) Contents of the File. The project file will contain all written communications that are sent to the Building Department prior to the heating. The project file will include, but not be limited to, all Staff reports, pertinent sections of the Code of Ordinances, Land Development Regulations, Comprehensive Plan, or State Statute, whichever is applicable. The file will contain resumes of staff or curricula vitae, drawings, documents and all other pertinent documents. (c) Supplementation of the File. The Board clerk will supplement the project file with all documents submitted at the hearing. (2) (3) (d) File for Inspection. The project file will be made available upon request for public inspection. (e) File Placed into the Record. The Building Depm'tment Staff member making the presentation shall place the project file into the record at the hearing. Party Status (a) Party Status - Written Requests; Timeframe. In order to obtain status as a Party, the owner of property located within 500 feet of the subject property must make a written request, meeting the requirements of (B)(2)(b) below, which is received by the Building Department three or more business days prior to the hearing. (b) Contents of Request. The written request shall outline the effect of the application on the owner's property. To obtain Party status, the owner must describe the effect of the application on owner's property that is different from the effect on the public as a whole. The City Attorney's Office will advise as to whether sufficient facts have been alleged to achieve Party status and shall notify the person requesting Party status of the City Attorney's Office opinion as to the adequacy of the request. Ultimate decisions as to Party status shall be made by the Board. The decision to confer Party status at the hearing betbre the Board shall not be seen as a waiver of the City's right to contest the standing of any Party in court. Time Limits (a) Staff Time Limits. The City Staff shall have up to 20 minutes (including the presentation of witnesses and expert witnesses) to present the city's case. (b) Applicant Time Limits. The Applicant shall have up to 20 minutes (including the presentation of witnesses and expert witnesses) to present the Applicants case. (c) Party Time Limits. A Party may have up to 20 minutes (including the presentation of witnesses and expert witnesses). (d) Citizen Participants in General. Citizen participants not represented by a representative speaker shall have three (3) minutes to speak. (e) Participants with a Representative. Speakers representing a group of six (6) or more interested citizens in attendance at the meeting shall have six (6) minutes to speak, as long as those being represented identify themselves and yield their time to the representative at the meeting. (c) (f) Representing an Organization. Speakers representing an organization that is comprised of interested citizens shall have six (6) minutes to speak. (g) Extension of Time by the Board. The Board may, at their discretion, extend the time for presentations. Conduct of the Hearing. (1) Sweating in of Witnesses. All Witnesses, Parties, the Applicant, Citizen Participants and their representatives and City Staff who plan to speak at the hearing shall collectively be sworn at the beginning of the hearing by the Chair, Vice-Chair, 2na Vice-Chair, or the Board clerk. (2) Disclosure of Ex Parte Communications. The Board shall disclose any ex parte communications and disclose whether any member physically inspected the property. To the extent possible, the Board member shall identify with whom the communication took place, summarize the substance of the communication, and the date of the site visit, if any. The Board members shall give the Board clerk any written ex parte communications they have received that are not already included in the project file. (3) Presentation of the Case. (a) The City Staff shall present its case. (b) The Applicant shall present its case. (c) Parties may present their case. (d) Citizen participants or their representatives may speak for or against the application. (e) The opportunity to cross-examination will occur after the presentation of a witness, and the manner and the conduct of cross- examination shall be as provided in these rules. (f) The City Staff, the Applicant, and Parties may have two minutes each for rebuttal (g) The Board may ask questions at any time during the proceeding. (h) The Board will commence deliberations and render a decision. (4) Basis of Decision. All decisions shall be based on the evidence presented at the hearing on the case, which shall include the minutes, the entire project file, testimony presented, and other evidence presented. Strict rules of evidence shall not apply, but evidence must be relevant to the issues before the Board. (D) Cross-examination. (1) Persons to be Cross-Examined. The City Staff, the Applicant, Parties, their respective witnesses and Citizen Participants are subject to cross- examination as set forth herein. (2) Cross-Examination Guidelines. (a) Citizen Participants are subject to cross-examination by the Board Chair only. In the event of an absence of the Board Chair, the term Board Chair shall be deemed to include the person authorized to run the meeting in their absence. If the Staff, the Applicant, or Parties desire to have the Board Chair cross examine a Citizen Participant, they shall, whenever possible, present written cross-examination questions to the Board Chair prior to the commencement of the cross-examination. The Board Chair shall first ask the cross-examination questions submitted by Staff, then the Applicant, and finally the Parties based on who submitted a request and became a Party first. The Staff, Applicant, and any Parties' cross- examination through the Board Chair is limited to two (2) minutes per Citizen Participant. (b) Only the City Staff, the Applicant, or a Party may cross-examine non-Citizen Participant witnesses. (c) Cross-examination by City Staff, the Applicant, or a Party shall be limited to two (2) minutes per witness each. (d) The Board is not limited to two (2) minmes and may ask questions of anyone who testifies at any time during the proceedings. (3) Relevancy. All relevant evidence shall be accepted. (4) Scope. The scope of the cross-examination shall be limited to the facts alleged by the person testifying in relation to the application. (5) Good Faith Questions. The cross-examination shall not be designed to merely harass, intimidate, or embarrass the person testifying. (6) Power to Halt Cross Examination. The Board Chair shall determine whether the question and evidence is relevant and the proper scope of cross- examination. In the absence of the Board Chair, the term Board Chair shall be deemed to include the person authorized to run the meeting in their absence. The Board Chair may defer to the City Attorney (or Assistant City Attorney) to determine the relevancy of the question and the evidence and the proper scope of the cross-examination. The person conducting the cross-examination may be stopped from pursuing a line of questioning, if the questioning is on an issue that is not relevant, the scope of proper cross examination is exceeded, or the cross- 8 examination is conducted in a manner that is designed to harass, intimidate, or embarrass the person being cross-examined. If a person conducting the cross- examination continues to pursue improper lines of questioning~ the Board Chair may halt the cross-examination. 4. RE-HEARING: An applicant may file a written motion for a re-hearing of any decision rendered by the Board. The motion shall be filed with the Chief Building Official within ten (10) days of the date the decision is rendered. The concurring vote of five (5) members of the Board shall be necessary to grant a motion for re-hearing. The motion for re- hearing may be based upon the following grounds: a.) Newly discovered evidence which by due diligence could not have been discovered in time to present at the public hearing. b.) Fraud, misrepresentation or other misconduct of any person who submitted evidence to the Board. c.) Mistake, inadvertence, surprise or excusable neglect. d.) The Board overlooked or misapprehended any material points of law or fact. If the Board grants a motion for re-hearing, public notice of the hearing shall be given at the cost of the applicant. ARTICLE VIII: AMENDMENTSI EFFECTIVE DATE: 1. The Rules of Procedure may be amended by the affirmative vote of a majority of five (5) members present at any meeting or special meeting at which a quorum is present. The proposed amendment must be presented or submitted to the Board membership at least one (1) week prior to such meeting. 2. These Rules of Procedure shall be reviewed by the Board at least once every two years at any regular or special meeting. Recommendations for proposed amendments to these Rules of Procedure shall be presented to the Board in writing. 9 3. These Rules shall become effective following their approval by the City Commission. These Rules of Procedure were adopted by the Board of Consmmtion Appeals on the 17th day of July ,2002. // Chair Board of Construction Appeals Approved by the City Commission on the __ ATTEST: By: City Clerk day of .,200_. CITY OF DELRAY BEACH, FLORIDA By: Mayor, David Schmidt 10 £1TY DF DELRflY BEACH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: July 29, 2002 Writer's Direct Line' 561/243-7091 MEMORANDUM TO: FROM: City Commi~.,n ~ Brian Shutt, Assistant City Attorney SUBJECT: Rules of the Historic Preservation Board Attached please find the revised rules for the Historic Preservation Board that were adopted at their July 17, 2002 regular meeting. The rules were modified to incorporate the procedures for quasi-judicial hearings that were previously adopted by the Commission. By copy of this memo to David Harden, our office requests that this item be placed on the August 6, 2002 City Commission agenda. Please call if you have any questions. Attachment CC; David Harden, City Manager Barbara Garito, City Clerk Wendy Shay, Historic Preservation Planner RULES AND REGULATIONS OF THE CITY OF DELRAY BEACH HISTORIC PRESERVATION BOARD ARTICLE I Section 1. Authority. The Historic Preservation Board (hereinafter referred to as the Board) shall be governed by Section 2.2.6 of the Land Development Regulations, of the Code of Ordinances of the City of Delray Beach, and the rules and regulations as set forth herein, when adopted by the Board and approved by the City Commission. Section 2. Composition. The Board is to consist of seven (7) members appointed by the City Commission. Section 3. Organization. (A) The Board shall elect a Chair, Vice-Chair and a 2nd Vice-Chair from among its membership each September. They will serve in this office for one calendar year, but for no more than two (2) consecutive calendar years. The Chair will preside over the Board and will have the right to vote. In the absence of the Chair, the Vice-Chair will preside. In the absence of both, the 2nd Vice-Chair shall preside over the meeting. The Chair shall appoint all committees that may be required. (B) The Historic Preservation Planner shall conduct all correspondence of the Board; maintain a file of the minutes of all meetings, indicating therein the substance of the meeting, record attendance, the vote of each member upon each question, or if absent or failing to vote because of a conflict of interest, indicate such fact; maintain records of Certificates of Appropriateness and Appeals for a Variance and other official actions. (C) A Board Clerk shall be provided by the City Manager from among the City staff and shall take and transcribe the minutes of each meeting of the Board. Section 4. Absences. A Board member absent at three (3) consecutive regular meetings shall constitute an automatic resignation from the Board by such member. Each board member shall be responsible for notifying the Board Clerk or the Chair as promptly as possible of any anticipated absence from a Board meeting. In addition to automatic resignation from the Board, a Board member may resign by filing a written statement of resignation with the Chair of the Board. Furtherrnore, any member may be removed, with or without cause, by a majority vote of the City Commission. Replacement membership will be made by the City Commission in accordance with the provisions of Section 2.2.1 (F) of the Land Development Regulations. ARTICLE II Section 1. Meetings. (A) Meetings shall be divided into three (3) categories: regular, special and workshop. (B) The Board shall conduct a regular meeting each calendar month. This meeting shall be held in the evening hours (after 5:00 p.m.) on the first and third Wednesday of each month, unless there is no cause to hold such meeting, or that date falls on a holiday as designated by the City of Delray Beach. The Board, by a majority vote of the Board present and voting, may change the day and time for its regular meeting as long as no Board member would be subject to automatic removal by the change. (C) A special meeting may be called by the Chair or Vice-Chair or by petition signed by not less than four members of the Board. A special meeting may be called subject to notification of the members in sufficient time so they may make arrangements to attend. (D) Workshop meetings shall be held as needed and may be called by the Chair or Vice-Chair. (E) Public hearings are to be conducted in accordance with all statutory provisions. Public heatings are required by reason of the filing of an appeal for a variance to the City Code or for purposes of determining a historic district or historic site. The public hearing may be held at a regular or special meeting. Section 2. Quorum. A Quorum shall consist of four (4) members of the Board in order to conduct any of the meetings listed in Article II, Section 1. Section 3. Personal Conflict of Interest. Neither members of the Board, the Historic Preservation Planner, Board Clerk, or a member of the City supportive staff shall appear or represent before the Board a person or persons in any matter pending before the Board. No member of the Board shall hear or vote upon a matter before the Board in which he or she is directly or indirectly affected financially. Whenever a member of the Board has a personal, private, or professional interest in any matter which is before the Board, that member shall disclose said conflict of interest before discussion and vote, shall refrain from voting and shall file the proper form setting forth such conflict with the Board Clerk pursuant to the provisions of Chapter 112, Florida Statutes. If the departure of a member is required for this reason and said departure no longer provides for a quorum, then the item before the Board shall be continued and voted upon at the next regular or special meeting. Section 4. Conduct of Meetings. All meetings shall be open to the public. In the event a witness or witnesses are required to give testimony under oath, such oath shall be administered by the Chair, Vice-Chair, 2nd Vice- Chair or Board Clerk. Section 5. Order of Business. (A) The order of business at regular or special meetings shall be as folloxvs: (a) Roll call (b) review and approval of minutes of previous meeting(s), as primed or changed by deletion or substitution (c) approval of agenda (d) hearing of Certificate(s) of Appropriateness and decision thereon (e) reports of Commit-tees and special reports (f') unfinished business (g) new business (h) adjournment. The Chair may, at his or her discretion, change the order of business. (B) The order of business for public hearings, that are not quasi-judicial hearings, is as follows: (a) Roll call (b) purpose of public hearing (c) comments from the public or wimesses, pro or con (d) close of public hearing (e) comments by members of the Board (f) vote on item before the Board. (C) Certificates of Appropriateness, Variances or other site specific actions taken by the Board will be held in accordance with these rules governing quasi-judicial hearings. The Chair may establish appropriate time limits for all arguments, but such time limits shall be equal for both sides. Witnesses may be called and factual evidence and exhibits may be submitted. Section 6. Requirements. The requirements of Section 4.5.1(J) of the Land Development Regulations shall be met prior to the Board granting a variance from existing ordinances. Requirements for the designation of a historic district or site, shall be met by fulfilling the provisions of Section 4.5.1 4 of the Land Development Regulations. Public hearings will be held when required by City ordinance. Section 7. Decisions. Voting, at all meetings, shall be by roll call vote. Roll call shall be on a rotating basis. The voting of each member shall be "yes" (in favor of the motion), "no" (opposed to the motion), or "abstain" in the event of a conflict of interest. A Certificate of' Appropriateness shall only be denied if four voting Board members vote to deny it. All other matters voted upon the Board shall pass if a majority of the Board, that is present and voting, votes in favor of the item or action requested. Section 8. Appeals of Decisions. Appeals of decisions of the Board may be made at the appropriate time and in the appropriate manner to the City Commission as set forth in the ordinances of the City of Delray Beach. Appeals from the granting or denying of a variance shall be made to Circuit Court. Section 9. Rules of Procedure. Robert's Rules, latest edition, shall govern all questions of parlian~entary procedures not specifically provided for herein. Section 10. Procedures for Quasi-Judicial Hearings. (A) Definitions: Applicant - the owner of record or his or her authorized agent. Citizen Participants - those members of the general public, other than the City, the Applicant, or other Party to the proceeding, who attend a quasi-judicial public hearing fbr the purpose of being heard on a particular application. Ex Parte - communications, oral or written, between members serving on the board or commission and the public, other than those made on the record at the hearing. 5 Party - the owner of property located within 500 feet of the property that is the subject of the application and who meets the additional requirements set forth in Section (B)(2) below. Quasi-Judicial Proceedings - proceedings where existing policies and regulations are applied to a specific property. Examples are site specific rezonings, conditional use approvals, site plan approvals, waivers and variances, plat approvals, certificates of' appropriateness, historic designations, but not land use amendments or amendments to the comprehensive plan and not generally, amendments to the Land Development Regulations. Relevant Evidence - evidence that either strengthens or weakens the application by supporting or disapproving factual assertions related to the application. (B) General Processing for Hearings (1) File/Inspection. (a) Establishing the File. The Planning and Zoning Department shall establish a project file. All written communications shall be sent to the Planning and Zoning Department. The project file will be maintained in the Planning and Zoning Department. (b) Contents of the File. The project file will contain all written communications that are sent to the Planning and Zoning Department prior to the hearing. The project file will include, but not be limited to, all Staff reports, pertinent sections of the Code of Ordinances, Land Development Regulations, Comprehensive Plan and State Statutes, whichever is applicable. The file will contain resumes of staff or curricula vitae, drawings, documents and all other pertinent documents. (c) Supplementation of the File. The Board clerk will supplement the project file with all documents submitted at the hearing. (d) File for Inspection. The project file will be made available upon request for public inspection. (e) File Placed into the Record. The Planning and Zoning Staff member making the presentation shall place the project file into the record at the hearing. (2) Party Status (a) Party Status - Written Requests; Timeframe. In order to obtain status as a Party, the owner of property located within 500 feet of the subject property must make a written request, meeting the requirements of (B)(2)(b) below, which is received by the Planning and Zoning Department three or more business days prior to the hearing. (c) (b) Contents of Request. The written request shall outline the effect of the application on the owner's property. To obtain Party status, the owner must describe the effect of the application on owner's property that is different from the effect on the public as a whole. The City Attomey's Office will advise as to whether sufficient facts have been alleged to achieve Party status and shall notify the person requesting Party status of the City Attorney's Office opinion as to the adequacy of the request. Ultimate decisions as to Party status shall be made by the City Commission or the Board. The decision to confer Party status at the heating before the City Commission or a Board shall not be seen as a waiver of the City's right to contest the standing of any Party in court. (3) Time Limits (a) Staff Time Limits. The City Staff shall have up to 20 minutes (including the presentation of witnesses and expert witnesses) to present the city's case. (b) Applicant Time Limits. The Applicant shall have up to 20 minutes (including the presentation of witnesses and expert witnesses) to present the Applicants case. (c) Party Time Limits. A Party may have up to 20 minutes (including the presentation of witnesses and expert witnesses). (d) Citizen Participants in General. Citizen participants not represented by a representative speaker shall have three (3) minutes to speak. (e) Participants with a Representative. Speakers representing a group of six (6) or more interested citizens in attendance at the meeting shall have six (6) minutes to speak, as long as those being represented identify themselves and yield their time to the representative at the meeting. (f) Representing an Organization. Speakers representing an organization that is comprised of interested citizens shall have six (6) minutes to speak. (g) Extension of Time by the Commission or Board. The Board may, at their discretion, extend the time for presentations. Conduct of the Heating. (1) Swearing in of Witnesses. All Witnesses, Parties, the Applicant, Citizen Participants and their representatives and City Staff who plan to speak at the hearing shall collectively be sworn at the beginning of the hearing by the Chair, Vice-Chair, 2nd Vice-Chair, or the Board clerk. 7 (D) (2) Disclosure of Ex Parte Communications. The Board shall disclose any ex parte communications and disclose whether any member physically inspected the property. To the extent possible, the Board member shall identify with whom the communication took place, summarize the substance of the communication, and the date of the site visit, if any. The Board members shall give the Board clerk any written ex parte communications they have received that are not already included in the project file. (3) Presentation of the Case. (a) The City Staff shall present its case. (b) The Applicant shall present its case. (c) Parties may present their case. (d) Citizen participants or their representatives may speak for or against the application. (e) The opportunity to cross-examination presentation of a witness, and the manner and examination shall be as provided in these rules. will occur after the the conduct of cross- (f) The City Staff, the Applicant, and Parties may have two minutes each for rebuttal (g) The Board may ask questions at any time during the proceeding. (h) The Board will commence deliberations and render a decision. (4) Basis of Decision. All decisions shall be based on the evidence presented at the hearing on the case, which shall include the minutes, the entire project file, testimony presented, and other evidence presented. Strict rules of evidence shall not apply, but evidence must be relevant to the issues before the Board. Cross-examination. (1) Persons to be Cross-Examined. The City Staff, the Applicant, Parties, their respective witnesses and Citizen Participants are subject to cross- examination as set forth herein. (2) Cross-Examination Guidelines. (a) Citizen Participants are subject to cross-examination by the Board Chair only. In the event of an absence of the Board Chair, the term Board Chair shall be deemed to include the person authorized to run the meeting in their absence. If the Staff, the Applicant, or Parties desire to have the Board Chair cross examine a Citizen Participant, they shall, whenever possible, present written cross-examination questions to the Board Chair prior to the commencement of the cross-examination. The Board Chair shall first ask the cross-examination questions submitted by Staff, then the Applicant, and finally the Parties based on who submitted a request and became a Party first. The Staff, Applicant, and an), Parties' cross- examination through the Board Chair is limited to two (2) minutes per Citizen Participant. (b) Only the City Staff, the Applicant, or a Party may cross-examine non-Citizen Participant witnesses. (c) Cross-examination by City Staff, the Applicant, or a Party shall be limited to two (2) minutes per witness each. (d) The Board is not limited to two (2) minutes and may ask questions of anyone who testifies at any time during the proceedings. (3) Relevancy. All relevant evidence shall be accepted. (4) Scope. The scope of the cross-examination shall be limited to the facts alleged by the person testifying in relation to the application. (5) Good Faith Questions. The cross-examination shall not be designed to merely harass, intimidate, or embarrass the person testifying. (6) Power to Halt Cross Examination. The Board Chair shall determine whether the question and evidence is relevant and the proper scope of cross- examination. In the absence of the Board Chair, the term Board Chair shall be deemed to include the person authorized to run the meeting in their absence. The Board Chair may defer to the City Attorney (or Assistant City Attorney) to determine the relevancy of the question and the evidence and the proper scope of the cross-examination. The person conducting the cross-examination may be stopped from pursuing a line of questioning, if the questioning is on an issue that is not relevant, the scope of proper cross examination is exceeded, or the cross- examination is conducted in a manner that is designed to harass, intimidate, or embarrass the person being cross-examined. If a person conducting the cross- examination continues to pursue improper lines of questioning, the Board Chair may halt the cross-examination. ARTICLE III Section 1. Amendments. These rules and regulations may be amended by a concurring vote of four (4) members of the Board with subsequent approval by the City Commission, provided that the proposed 9 amendment(s) has been presented to the Board at least five (5) working days prior to the voting thereupon. Section 2. Review. These roles shall be reviewed by the Board not less than every two (2) years. Recommendations for proposed amendments shall be made in writing and reviewed for approval or disapproval of the legality, by the City Attorney's office prior to sdbmission to the Board. Section 3. Effective Date. These roles and regulations, and any amendments thereto, shall become effective following their approval by the City Commission. Section 4. Conflict. In the event these roles and regulations, now or in the future, present a conflict with any of the Code of Ordinances of the City of Delray Beach, then those Code of Ordinances, then if effect, shall prevail. These roles and regulations of the City of Delray Beach, Historic Preservation Board were adopted by the Board on the 17~K day of '~ ~\ ] ,2002. a~hair, I-I/r~oric Preservation Board Passed and approved by the City Commission in regular session this ~ day of ,2002. ATTEST: By: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Mayor, David Schmidt 10 MelTIO To: From: Date: Re: David Harden, City Manager Lula Butler, Community Improvement Director July 31,2002 GENERAL RULES OF PROCEDURE OF THE CODE ENFORCEMENT BOARD ITEM BEFORE THE COMMISSION: City Commission consideration to approve the attached General Rules of Procedure of the Code Enforcement Board. BACKGROUND: Article IX of the Code Enforcement Board's General Rules requires that the Board review their rules every two years. After review on May 14, 2002, the Board adopted the attached general rules, which are the same as last year's rules. City Ordinance 37.21 requires that the Board's rules be approved by the City Commission. RECOMMENDATION: Staff is recommending that the City Commission approve the attached rules. LB:mh GENERAL RULES OF PROCEDURE OF THE CODE ENFORCEMENT BOARD CITY OF DELRAY BEACH, FLORIDA Article I: General. The Code Enforcement Board (hereinafter referred to as "the Board") shall be governed by Chapter 37 of the Code of Ordinances of the City of Delray Beach, Florida, (hereinafter referred to as "the City"), Chapter 162 of the Florida Statutes and the General Rules of Procedure set forth herein, as adopted by the Board and approved by the City Commission of the City. Article I1: Officers. 1. The Board shall elect a Chairperson and a Vice-Chairperson annually in the month of January at a regularly scheduled hearing from among its members by a majority vote of its members present and voting at the time of election. 2. The Chairperson, or in the absence of the Chairperson, the Vice-Chairperson, shall preside at all proceedings of the Board and shall rule on all points of order and procedure. If both the Chairperson and the Vice-Chairperson are absent at a particular hearing, the members present at that hearing shall, by majority vote, elect a member to preside at that hearing only. 3. The Board Clerk, appointed by the City Manager, shall administer oaths, record proceedings of the Board, keep minutes of proceedings, take roll calls, record votes of the Board and carry out related duties pertaining to preparation, posting, and distribution of agendas, distribution of materials to Board members and preparation of Board Orders for signature. The Board Clerk's designee shall assume the aforementioned duties in the absence of the Board Clerk. Article II1: Hearings, Quorum, Order of Business, Conflicts. 1. The Board shall conduct a hearing on the second Tuesday and on the fourth Tuesday of each month, except during the months of November and December, at 1:30 p.m. at City Hall in the City, unless there is no cause to hold such hearing or if a particular hearing coincides with a Holiday as designated by the City. Annually in November and December, the Board shall conduct a hearing only on the second Tuesday. 2. Upon request of the Code Enforcement Officer, or at such other times as may be necessary, the Chairperson of the Board may call hearings of the Board. Hearings may also be called by written notice signed by at least three members of the Board. 3. A quorum is required to conduct a hearing. A quorum shall consist of four (4) or more members of the Board. All findings and orders of the Board require a vote of a majority of its members present and voting, except that at least four (4) members of the Board must vote. 4. All hearings shall be open to the public. The Board Clerk shall administer oaths to all persons testifying before the Board. 5. The order of business at hearings shall be: a) b) c) d) e) f) g) h) i) Call hearing to order. Call roll of members. Dismiss or postpone cases. Administer oath. Call cases of respondents in attendance in order that they signed the attendance sheet and then call remaining cases in order as listed on the agenda. Discuss unfinished business. Discuss new business. Approve minutes from prior hearing. Adjourn hearing. The Chairperson may change the aforementioned order of business after a motion to change the order is passed by a majority vote of those members attending the hearing. 6. If all business cannot be finished, the Board may adjourn unfinished items to a future time and future date certain. Notice of the future time and future date shall be given to the respondents affected by the adjournment. 7. Conflicts: A Board member shall not abstain from voting unless the member has a conflict of interest pursuant to the requirements of Florida Statutes, Chapter 112, Section 112.3143(4)(a). Article IV. Absences, Removal from Office. If any regular member fails to attend two (2) of three (3) successive hearings without cause and without prior approval of the Chairperson, that member's office shall be deemed vacant, and the City Commission shall promptly fill such vacancy. Board members may be suspended or removed for cause according to the procedures for removal as set forth in the Code of Ordinances of the City. Article V. Parliamentary Procedure. Roberts Rules of Order shall be the final authority concerning questions of parliamentary procedures. Article VI. Hearing Procedures. 1. The Board shall be governed by the following rules: a) Hearings shall be informal and need not be conducted according to technical rules of evidence. Hearings shall be conducted in accordance with accepted parliamentary procedures relative to motions, votes and decisions. Fundamental due process shall be observed and shall govern all hearings. b) All relevant evidence shall be admitted if, in the opinion of the Board, it is the type of evidence upon which a reasonable and responsible person would normally rely in the conduct of business affairs, regardless of the existence of any common law or statutory rule which might make such evidence inadmissible over objections in civil actions. The Chairperson of the Board may exclude irrelevant or repetitious evidence. c) Should a Board member request additional information not included in the supporting materials provided for a particular case on an agenda, the request shall be directed to the Chairperson. The Chairperson shall request that the Board members present vote as to whether the requested materials are necessary to render a decision in the particular case. If the Board by a majority vote of those members present determines that the requested additional materials are necessary, the case shall be postponed to a future date and time certain to allow the Board Clerk to locate the requested information. d) Hearsay evidence may be accepted for the purpose of supplementing or explaining direct evidence, but such hearsay evidence shall not in and of itself be considered sufficient to support a finding or decision, unless the evidence would be admissible over objections in a civil action. e) Each party to the hearing shall have the right to call and examine witnesses, introduce and examine evidence, introduce exhibits, cross-examine opposing witnesses, impeach witnesses, and rebut evidence. The respondent has the right to retain an attomey for representation at a hearing. All testimony before the Board shall be under oath and shall be recorded. The respondent or the City may cause the proceedings to be recorded by a certified court reporter or by a certified recording instrument. g) If the City prevails in prosecuting a case before the Board, it shall be entitled to recover all costs incurred in prosecuting the case before the Board. 2. Proceedings relating to hearings shall be in the following order: a) Prosecution by Code Enforcement Administrator or his/her designee. b) Defense by respondent. c) Questions of Code Enforcement Administrator or his/her designee from Board member(s) recognized by Chairperson. d) Questions to respondent by Board Member(s) recognized by Chairperson. e) Rebuttal by respondent, if any. f) Rebuttal by Code Enforcement Administrator or his/her designee, if any. g) Disposition of case by Board. Article VII. Powers of the Board. The Board shall have the powers to adopt rules for the conduct of its hearings not otherwise in conflict with Chapter 37 of the Code of Ordinances of the City, and Chapter 162 Florida Statutes, to subpoena alleged violators and witnesses to its hearings, to subpoena evidence, to take testimony under oath, and to issue orders having the force of law commanding whatever steps are necessary to effect compliance. The City, the Board, or the respondent may request that witnesses and records, including surveys, plats, and other materials, and other evidence be subpoenaed to any formal hearing. The Chairperson shall provide the Board Clerk with sufficient signed and blank witness subpoenas to be provided to a respondent for the purpose of subpoenaing witnesses, records, and other evidence. The respondent shall pay to the City a fee of $22.00 for each subpoena issued. Article VIII. Appeals, Reconsiderations, and Board Orders. 1. Appeals: Every Board Order shall be final subject to the right of the aggrieved party, including, without limitation, the City or the respondent, to appeal to the Circuit Court of the Fifteenth Judicial Circuit of Florida in and for Palm Beach County, Florida. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Board. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. 2. Fine Reduction, Time Extension and Reconsideration: A respondent or petitioner may request that the Board extend or reconsider an order or a fine amount. Any such request must be documented on a form approved by the Board and available from the Board Clerk. However, such request shall not be construed to extend or in any way alter any deadline for any party to file an appeal of a previously executed Board Order with the Circuit Court. 3. Enforcement Orders: Every Board Order shall be in writing, shall include findings of fact and conclusions of law, shall be signed by the Chairperson or Vice-Chairperson, and shall be filed in the office of the Board Clerk. A copy of the signed order shall be served as specified in Chapter 162 of the Florida Statutes. The Board shall, in every proceeding, reach a decision without unreasonable or unnecessary delay and shall, in all instances, reach a decision within twenty (20) calendar days from the date of the hearing at which the case was heard. Article IX. Adoption; Amendments; Required Review; Effective Date. These general rules or subsequent amendments: 1. Shall be adopted by the Board by a majority vote of members present and voting at the time of adoption. 2. May be amended by the Board by a majority of members present and voting at the time of adoption of the amendment, however, said amendments will require approval of the City Commission. 3. Shall be reviewed by the Board every two years. o Commission. Shall become effective upon approval by the City effective on the Were adopted by the Board on t~s 14th day of May 2002. (~h&irp~o~ode Enforcement Boaro Were approved by the City Commission and became day of ,200__. ATTEST: City of Delray Beach, Florida City Clerk Jay Alperin DDS, Mayor Approved as to Form: City Attorney U cebrules CITY (IF DELRflY BEACH CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct L~ne 561/243~7091 1993 DATE: July 24, 2002 MEMORANDUM TO: FROM: City Commission David Hard~n, City. M.~anager Brian Shutt, Assistant City Attorney SUBJECT: Resolutions 64-02 and 65-02 (Acquisition of Klasfeld Property) Resolutions No. 64-02 and 65-02 authorizes the City to purchase two lots located in the 400 block of S.W. 7th Avenue from Alan Klasfeld for the purchase price of $13,500.00 per lot. The purpose of the acquisition is to provide drainage retention in this area. Incorporated within the resolutions are the terms and conditions of the contract for sale and purchase. The contracts provide for the closings to occur by October 15, 2002. The City will pay all of the expenses of the closings, except for documentary stamps and prorations. Please place this item on the August 6, 2002 City Commission agenda. Please call if you have any questions. Attachments Barbara Garito, City Clerk Randal Krejcarek, City Engineer RESOLUTION NO. 64-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, DESCRIBED SUB OF SECTION 20-46-43, NORTH 50 FEET OF THE SOUTH 200 FEET OF THE EAST 140 FEET OF THE WEST 305 FEET OF THE NORTH Vz OF LOT t LOCATED ON SW 7TH AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN ALAN KASFELD AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire the vacant property described as Sub of Section 20-46-43, North 50 feet of the South 200 feet of the East 140 feet of the West 305 feet of the North V2 of' Lot 1 located on S.W. 7th Avenue, for drainage retention purposes; and WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of Delray Beach Florida4 and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for thei purpose described above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY' BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of De[ray Beach, Florida, as Buyer, hereby agrees to purchase from Alan Klasfeld, as Seller, land for drainage retention purposes for the purchase price of Thirteen Thousand Five Hundred Dollars ($13,500.00), and other good and valuable consideration; said parcel being more particularly described as follows: Sub of Section 20-46-43, North 50 feet of the South 200 feet of the East 140 feet of the West 305 feet of the North ½ of Lot 1, according to the plat thereof on file in the office of the Clerk of Circuit Court in and for Palm Beach County, Florida. Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein. PASSED AND ADOPTED in regular session on the ~ day of .,2002. ATTEST: MAYOR City Clerk S W 2ND ST S w 3RD SI. S W 3RD Cl. m · ~ 4TH ST. AUBURN CIRCLE NORTH ~ -- ~ HAITIAN 0 CA THOLIC ===" - S W 6TH ST. AUBURI~ DR WA TER z z : TREATMENT ~ ~ -r PLANT 133 m AUBURN ClR, $. S W. 7TH ST. i S W 7TH ST. T CARVER ESTATES ~ ~ ~ S w aTH ST. S.W. 7TH CT. SW 8T~ CT SW 8TH ST RESOLUTION 64-02 CITY OF DI:'LRAY BEACH, FL SUB. OF SECTION 20-46-43 PLANNING ---- DIGITAL ~SE' MAP SYSTEM -- II CONTRACT FOR SALE AND PURCHASE ALAN KLASFELD TRUST, ("Seller"), of Boca Raton, Florida, and CITY OF DELRAY BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that the Buyer shall buy the following real property ("Real Property") upon the following terms and conditions: I. DESCRIPTION: Sub of Section 20-46-43, North 50 feet of the South 200 feet of the East 140 feet of the West 305 feet of the North ½ of Lot 1, according to the plat thereof on file in the office of the Clerk of Circuit Court in and for Palm Beach County, Florida. II. PURCHASE PRICE ................ $13,500.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before August 7, 2002 the offer will, at Buyer's option, be withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title insurance commitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before October 15, 2002 unless extended by other provisions of the Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ½ feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance m the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s) If the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as tt then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey' Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. Ingress and Egress: Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. Liens: Seller shall fumish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for hereto, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcon- tractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a clmm for damages have been paid or will be paid at closing. F. Place of Closing' Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5 00 p.m. of the next business day. -2- H. Documents for Closine: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. I. Expenses: Documentary stamps on the deed shall be paid by Seller. J. Prorations: credits: 'Faxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be reqmred by prorations. Prorations wdl be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits wtll be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax w~th due allowance made for maximum allowable discount,homestead and other exempttons. If closing occurs at a date when the current year's milage ts not fixed, and current year's assessments ~s available, taxes will be prorated based upon such assessment and the prior year's mllage If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the pames, fading which, request will be made to the County Property Appraiser for an informal assessment taktng into constderation avmlable exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. K. Special Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effecttve Date) are to be pard by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantmlly completed as of Effecuve Date. such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. Inspection, Repair and Maintenance: Seller warrants that, as often (10) days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are tn WORKING CONDITION. Buyer may, at Buyer's expense, having inspections made of those items by an appropriately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between the effective date and the clostng, Seller shall maintain property including but not hmited to the lawn and shrubbery, in the conditton herein warranted, ordinary wear and tear excepted. Buyer shall be permmed access for inspection of property prior to closing in order to confirm compliance with this standard M. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoratton shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of' the restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s) -3- N. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to depostt them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and condmons of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilmes under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court hawng jurisdiction of the d~spute. Upon notifying all pames concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a hcensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1997), as amended. Any stat between Buyer and Seller where Agent is made a party, because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs recurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of ~tems subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. O Failure of Performance: If Buyer fails to perform this Contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of thru Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. P Agreement Not Recordable; Persons Bound; Notice. Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shall bind and enure to the benefit of the parties and their successors m interest. Whenever the context permits, s~ngular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as ffg~ven by or to that party. Q. Conveyance: Seller shall convey the property by way of Warranty Deed subject to an easement for any utilities that may exist and lie on the property. R. Other Agreements: No prior or present agreements or representations shall be binding upon Buyer or Seller unless ~ncluded m this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. S. Warranties' Seller warrants that there are no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been &sclosed to Buyer. BUYER: City of Delray Beach By: Mayor, David Schmidt Print Name: ATTEST: By: City Clerk ITNESSES: I _ (Please Type or Print Name) -4- Approved as to Form: By: City Attorney (Please Type or Print Name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~ day of , 2002 by who is personally known to me or who has produced .(type of identification) as identification. Signature of Notary Public- State of Florida -5- RESOLUTION NO. 65-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLOR. DA, DESCRIBED SUB OF SECTION 20-46-43, NORTH 50 FEET OF THE SOUTH 150 FEET OF THE EAST 140 FEET OF THE WEST 305 FEET OF THE NORTH ½ OF LOT 1 LOCATED ON SW 7TM AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN ALgaN KASFELD AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire the vacant property described as Sub of Section 20-46-43, North 50 feet of the South 150 feet of the East 140 feet of the West 305 feet of the North t/,_ of'. Lot 1 located on S.W. 7th Avenue, for drainage retention purposes; and WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of:~ Delray Beach Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose described above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby a~ees to purchase from Alan Klasfeld, as Seller, land for drainage retention purposes for the purchase price of Thirteen Thousand Five Hundred Dollars ($13,500.00), and other good and valuable consideration; said parcel being more particularly described as follows: Sub of Section 20-46-43, North 50 feet of the South 150 feet of the East 140 feet of the West 305 feet of the North ½ of Lot 1, according to the plat thereof on file in the office of the Clerk of Circuit Court in and for Palm Beach County, Florida. Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein. PASSED AND ADOPTED in regular session on the ~ day of ,2002. ATTEST: MAYOR C~ty Clerk S.W ST. S W 3RD CT AUBURN CIRCLE NORTH AUBURN CIR. $. HAITIAN CA THOLIC CHURCH 3RD 41~ __j sw 6TH J~ S.W 7TH ST ST. WA TER t-REA TMEN 7 PLAN T S W. 7TH ST sl CARVER ESTATES s W. 7TH CT S.W 8TH r s ~v J ,BT~~i I I I ~~ J Is w 8TH ST. CITY OF DELRAY BEACH, FL PLANNING & ZONING OEPARTMENT ---- ~I~II'AL ~4S~m MAP SYS~'EM -- RESOLUTION 65-02 SUB. OF SECTION 20-46-43 CONTRACT FOR SALE AND PURCHASE ALAN KLASFELD TRUST, ("Seller"), of Boca Raton, Florida, and CITY OF DELRAY BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that the Buyer shall buy the following real property ("Real Property") upon the following terms and conditions: I. DESCRIPTION: Sub of Section 20-46-43, North 50 feet of the South 150 feet of the East 140 feet of the West 305 feet of the North ½ of Lot 1, according to the plat thereof on file in the office of the Clerk of Circuit Court in and for Palm Beach County, Florida. II. PURCHASE PRICE ................ $13,500.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before August 7, 2002 the offer will, at Buyer's option, be withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title insurance commitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before October 15, 2002 unless extended by other provisions of the Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on ~the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ½ feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days t'rom receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. Ingress and Egress: Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtmn such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form ora Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, clmms of lien or potential lienors known to Seller and further attesting that there have been no improvements or repmrs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcon- tractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Closing' Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p m. of the next business day. -2- H Documents for Closing: Seller shall furmsh deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. Expenses: Documentary stamps on the deed shall be paid by Seller J. Prorations~ credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount,homestead and other exemptions. If closing occurs at a date when the current year's mflage is not fixed, and current year's assessments is avadable, taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking ~nto consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. K. Special Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. lnspection~ Repair and Maintenance: Seller warrants that, as often (10) days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, coohng, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, having inspections made of those items by an appropriately Florida license person dealing in the construcnon, repair or maintenance of those items and shall report in writing to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Honda licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing Seller will, upon reasonable notice, provide utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspectton of property prior to closing in order to confirm compliance with this standard. M. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement w~th restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of cancehng the agreement and receiving return of depostt(s). -3- N. Escrow' Any escrow agent ("Agent") receiwng funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance w/th terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance if in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1997), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as coult costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for mlsdelivery to Buyer or Seller of items subject to this escrow, unless such mlsdelivery is due to willful breach of contract or gross negligence of Agent. O. Failure of Performance: If Buyer fads to perform this Contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution ofth~s Contract and m full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than ~hflure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specffic performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting fi.om Seller's breach. P. Affreement Not Recordable; Persons Bound; Notice: Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shall bind and enure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as ~f given by or to that party. Q. Conveyance: Seller shall convey the property by way of Warranty Deed subject to an easement for any utilities that may exist and he on the property. R. Other Agreements: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by lt. S. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. BUYER: City of Delray Beach By: Mayor, David Schmidt SELLER: Print Name: ,~/~ ~ ~,'~ ATTEST: By: City Clerk WITNESSES: . .. (Please Type or Print Name) -4- Approved as to Form: By: City Attorney (Please Type or Print Name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this __ day of ., 2002 by who is personally known to me or who has produced .(type of identification) as identification. Signature of Notary Public- State of Florida -5- MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: David Harden, City Manager Lula Butler, Community Improvement Director Kendra W. Graham, Community Development Administrator July 26, 2002 Delray Beach Housing Rehabilitation Program - Cancellation of Grant Award ITEM BEFORE THE COMMISSION City Commission authorization and approval to cancel a Housing Rehabilitation grant bid award to South Florida Construction. BACKGROUND On August 21, 2002, City Commission approved award of a housing rehabilitation grant to the lowest responsive bidder, South Florida Construction, in the amount of $21,483.00 for the substantial rehabilitation of 44 NW 8th Avenue. In accordance with the Community Development Division's Housing Rehabilitation program policies and procedures, contract documents were executed between the owner, Christine Wilson, and the contractor, South Florida Construction, and a "forgiveable" lien was recorded as a covenant to the property to remain in effect for 10 years. The Notice to Proceed was issued January 23, 2002. By letter dated April 1, 2002, the owner notified the City that she wished all rehabilitation work to be discontinued due to "severe medical problems" and the impact the repairs had to her health. She was also "stressed" about the lien in the form of a forgivable grant being placed upon her property. After several meeting, the Housing Rehabilitation Specialist was unsuccessful in his attempts to allay Ms. Wilson's concerns. The owner was notified via letter that the contractor had been ordered to cease all rehabilitation work on her property and all liens or other encumbrances would be removed from her property. The contractor was paid $3,190 for work akeady completed on the project. RECOMMENDATION Staff is recommending City Commission approval to cancel the Housing Rehabilitation grant award to South Florida Construction and authorize the Purchasing Division to liquidate the balance of the purchase order for this project. [ITY OF DELRI:I¥ BEI:I[H 1993 2001 April 23, 2002 130 N.W. ~st aVENUE DELRAY BEACH ~LORIDA 33444 561/243-7000 Christine Wilson 44 NW 8~ Avenue Delray Beach, Florida 33~,4~. Application for Participation Affoi:dable Housing Rehabilitation Program Dear Ms. Wilson: This letter is confirmation of your desire to withdraw from participation in the City sponsored Housing Rehabilitation Program. It is my understanding that your action is based on your health and the impact the repairs have to your health. South Florida Construction has stopped work, and the City of Delray Beach will pay for his work in place. This letter also confirms to you that there are no liens or any other encumbrances on your property under this Rehabilitation contract. Please keep us in mind if, in the futuri you may need some housing assistance. Think you. Smcerely ~_ ~ EF:,DRT A~_WAYS ~ATTERS MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~.~ AGENDA ITEM '~-h - REGULAR MEETING OF AUGUST 6, 2002 REPORT OF APPEAl.ABLE LAND DEVELOPMENT BOARD Af~;TION$ AUGUST 2, 2002 Attached is the Report of Appealable Land Use Items for the period July 15, 2002 through August 2, 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. S:\City Clerk\chevelle folder\agenda memtn\aIyagmenx08.06.02 TO: THRU: FROM: SUBJECT: DAV/i~ T. HARDEN, CITY MANAGER PA~L DORLING, (,D,J~RECTOR OF PLANNING AND ZONING ASMIN ALLEN, PLANNER MEETING OF AUGUST 6, 2002 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS JULY 15, 2002 THRU AUGUST 2, 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 July 15, 2002 through August 2, 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. No appealable items were considered by the Planning and Zoning Board. The following items will be forwarded to the City Commission for action. Recommended approval (7 to 0), of a Future Land Use Map amendment from County MR-5 (Medium Residential 5-units per acre) to City LD (Low Density Residential 0-5 du/ac) and annexation with initial zoning of R-l-AAA (Single Family Residential) for the Koeser Residence, located on the west side of Barwick Road, approximately 260 feet north of the L-31 Canal (13341 Barwick Road). Recommended approval (7 to 0), of a conditional use request to allow the establishment of a private school, Paladin Academy within Lake Ida Plaza, located at the southwest corner of Lake Ida Road and Congress Avenue. Concurrently, the City Commission Documentation Appealable Items Meeting of August 6, 2002 Page 2 Board recommended approval of a related waiver to reduce the outside play area from 7,500 square feet to 5, 500 square feet and a hedge from 6' to 2' in height along the south perimeter of the outdoor play area. Recommended approval (7 to 0), of a conditional use request to allow the establishment of a recreational use to be known as Jourdan's Bridge Club, within the Delray Square II Shopping Center, located on the east side of Military Trail, approximately 650 feet north of West Atlantic Avenue. Recommended approval (6 to 0, Pike stepped down), of a rezoning request from R-l-AA (Single Family Residential) to RM (Medium Density Residential) for a parcel of land to be known as 5th Street Townhomes, located on the south side of SE 5th Street, approximately 160 feet east of SE 6th Avenue (northbound Federal Highway) - 622 SE 5th Street. · Recommended approval (7 to 0), of an amendment to the Land Development Regulations regarding substance abuse treatment facilities. A. Approved (4 to 0, Dabney-Battle, Stewart and DeCapito absent), a master sign program for Store Tech, a multi-tenant industrial building within the Delray Park of Commerce, located at the northeast corner of Lake Ida Road and Congress Avenue (1225 NW 17th Avenue). B. Approved (4 to 0), a Class I site plan modification associated with the installation of a new fa(;;ade for Delray Plaza, an existing shopping center, located on the east side of South Federal Highway, approximately 600 feet north of Fladelrs Way (2275 S. Federal Highway). C. Approved (4 to 0), a Class I site plan modification associated with the replacement of a screen enclosure with glass windows for a unit within the Delray Beach Racquet Club, located on the west side of Jaeger Drive, between Dotterel Road and Egret Circle (955 Dotterel Road). D. Approved (4 to 0), a Class I site plan modification associated with changes to the building elevations for Hargrove, an existing commercial building located on the east side of Pineapple Grove Way, south of NE 2nd Street (155 & 157 Pineapple Grove Way). Approved (7 to 0), a request for a Certificate of Appropriateness for an ad valorem tax exemption for improvements to a contributing residence located at 105 NE 7th Street. City Commission Documentation Appealable Items Meeting of August 6, 2002 Page 3 2. Approved (6 to 0, Sloan stepped down), a request for a Certificate of Appropriateness associated with changing the color of the awnings at Hammock, located on the west side of SE 7~h Avenue, south of SE 1st Street (106 SE 7th Avenue). By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - August 6, 2002 GULF STREAM BLVD L-30 CANAL II r ............ ,"- ~ t -____r---~ I I ~-- ~ L___ ATLANTIC ~ r I L LOWSON BOULEVARD LINTON BOULEVARD -- ,',, -~---..~..__~.~ N W 2ND ST $ W 2ND ST SW LINTON I iI I ! ! I S.P.R.A.B. A. STORE TECH B. DELRAY PLAZA C. DELRA¥ BEACH RACQUET CLUB D. HARGROVE BUILDING H.P.B. I. 105 NE 7TH STREET 2. SLOAN HAMMOCK CITY LIMITS ,/' %/ ONE MILE GRAPHIC SCALE CITY OF DELRAY BEACH. FL PLANNING & ZONING DEPARTMENT 20O2 -. DIGITAL BASE MAP SYSTEM.. MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS BIDS AND CONTRACTS DATE: AUGUST 2, 2002 This is before the City Commission to approve the award of the following bids: Purchase award to DGG Taser Company (sole provider) in the mount of $46,663.80 for the purchase of sixty (60) M-26 Advanced Air Tasers for the Police Department. Funding is available from 115-2112-521-49.90 (Federal Asset Forfeiture Account). Purchase award to Lawmen's and Shooters' Supply, Inc. in the amount of $19,547.22 for the purchase of forty-five (45) Stinger Spike Systems and twenty-five (25) repair kits for newly purchased vehicles under the Police Department's 'Wake Home Vehicle Program". Funding is available from 115-2112-521-49.90 (Federal Asset Forfeiture Account). Contract award to Johnson-Davis, Inc. in the amount of $745,000.00 for the LWDD L-30 Canal Culvert. Funding is available from 334-6120-519-63.90 for $706,000.00 (General Construction Fund/New High School Site/Other Improvements) and 442-5178-536-63.50 for $39,000.00 (Water/Sewer Renewal & Replacement/Water Mains). Recommend approval of the above bids and purchases. S:\City Clerk\chevelle folder\agenda memo\Bid Memo.08.06.02 Delray Beach Police Department 300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 Joseph L. Schroeder Chief of Police DELRAY BEACH Ail-America City 1993 2001 MEMORANDUM TO: FROM: David T. Harden ~ City Manager c'~ David Junghan~S'"'w"~ ~ ' Administrative ServiOe.~ Director DATE: July 22, 2002 SUBJECT: AGENDA REQUEST Enclosed please find our Agenda Request for the purchase of sixty (60) M-26 Advanced Air Tasers, the supporting equipment and supplies. There is currently no requisition is the system for the purchase of these items. These items are sole source to the DGG Taser Company of Jacksonville, Flodda. A copy of their estimate is enclosed with the Agenda Request. Should you have any questions or require additional information, please call or e- mail me and I will provide the necessary information. DJ/ Enclosure Serving with P.R. LD.E. Professionalism, Respect, Integrity, Diversity and Excellence From Russel Stender 9047818194 To: Fred Parker Date 7/18/2002 ~me 11 27 52 AM Page 2 of 2 DGG TASER 1o034 PLANK LANE JACKSONVILLE, FL 32220 904-781-8184 FAX 904-781-8194 DGGTASER~AOL. COM Estimate Date Estimate # 7/18/2002 132 Name / Address Delray Beach Police Department Fred Parker 300 West Atlantic Ave Delray Beach, FL 33444 Project Item Description Qty Rate Total M-26 Advanced Air Taser W/LASER, 60 499.00 29,940.00 DATAPORT, HIGH CAP NIMH BATTERIES, SMART RAPID CHARGER, 2ND CARTRIDGE CLIP. X351-M26 HIGH RIDE CROSS DRAW WITH 70 89.00 6,230.00 BUILT IN CARTRIDGE HOLDER IN ADV PLUS NYLON 60TO BE RIGHT AND 10 TO BE LEFTHANDED SINGLE 15FT ... 15ft single air cartridge FOR 240 15.97 3,832.80 TRAINING SINGLE 21FT ... 21 ft single air cartridge FOR FIELD 360 17.85 6,426.00 USE I FREIGHT Shipping & Handling 235.00 235.00 THANK YOU FOR YOUR BUSINESS Subtotal $46,663.80 Sales Tax $0.00 Total $46,663.80 Delray Beach Police Department 300 West Atlantic Avenue · Delray Beach, Flonda 33444-3695 (561) 243-7888 Fax (561) 243-7816 Joseph L. Schroeder Chief of Police DELRAY BEACH Ail-America City 1993 2001 MEMORANDUM TO: FROM: DATE: David T. Harden. City Manager/~ David Jungha s~ - Administrative S~s July 22, 2002 Director SUBJECT: AGENDA REQUEST Enclosed please find our Agenda Request for the purchase of forty-five (45) Stinger Spike Systems and twenty-four (24) repair kits. The systems and repair kits are for the newly purchased Take Home vehicles, supervisor vehicles and to make up any shortages of the systems for current fleet vehicles. The Department requested, and received three quotes, Law Enforcement Supply, Special Products Group (a no bid) and Lawmen's and Shooters'. Lawmen's and Shooters' was the Iow bid. Should you have any questions or require additional information, please call or e- mail me, and I will provide the necessary information. DJ/ Enclosure Serving with P.R. LD.E. Professionalism, Respect, Integrity, Diversity and Excellence .% LAW ENFORCEMENT SUPPLY CO. INC. 1814 BECK AVE. PANAMA CITY, FLORIDA 32405 1-800-637-6307 CITY OF DELP~AY BEACH POLICE DEPT 300 W. ATLANTIC AVENUE DELRAY BEACH FL 33444 Attn: DAVID JTJNGHANS DATE OF QUOTE:07/01/2002 * QUOTE * * NO. AB0909 * *************** THIS QUOTE IS VALID FOR 30 DAYS UNLESS AN EXTENSION IS AUTHORIZED. PLEASE FIND OUR QUOTE AS FO!,I~)WS q O~OO FORTY FIVE) MODEL 90210 TROOPER STINGER SPIKE SYSTEMS .... @ $449.00 EACH TWENTY FOUR) MODEL 90026 SERIES 2000 SPIKE REPL. KIT ..... @ $10.25 EACH **ALL PRICES ARE DELIVERED. NO ADDITIONAL FREIGHT ON THE QUANTITIES LISTED. ARE ~ EQUAL BELOW IS A PARTIAL LIST OF PHONE Ek"rENSIONS DAVID #120, GEORGE %110, BILL #113, J/I~Y ~121, FAYE #111, KIFLE #112 WWW.LAWSUPPLY.COM THANK YOU FOR YOUR CONTINUING BUSINESS THIS QUOTE IS AUTHORIZED BY~--~~. .~-~~~ KYLE- ~ I~]~N I -,:1 '4OE~:E! ED IO In[` ,~7/¢7/2002 22:57 9846710635 Tim ~alcavecchia PAGE 81 Quote Sheet Person asking for QUOte: DAvi~ .3't~ uffhs~ ORDER ~LES~N: ~1 ~ IN PERSON C~#Stale/zip C,O,D ~ PAYMENT IN ADVANCE Confirming RO. To Be Maltg~:l', Y~ NO Ordered P~)ducl Code No. De~erlptton Coot Unit Extended COSt F,O,B, Speck31 Not~: SALES TAX EXCISE TAX Factory Veto APPLICABLE APPLICABLE SubTotal Sales Tax SubTotal ShlppCng TOTAL City Of Delray Beach Department of Environmental Services M E M 0 R A N D TO: FROM: DATE: SUBJECT: David T. Harden City Manager Victor Majtenyi'~ Assistant Construction Manager August 1, 2002 LWDD L-33 Canal Box Culvert (Project # 2002-003) Commission Agenda Item, Construction Contract Award U M www.delrayesd.com Attached is an Agenda Request for City Commission to approve an award of contract to Johnson-Davis, Inc. for the LWDD L-33 Canal Box Culvert project in the amount of $745,000.00, base bid only. The project consists of constructing approximately 700 L.F. of 10 f. x 12 f. precast concrete box culvert and 2 endwalls within the Lake Worth Drainage District L-33 Canal, the excavation and dressing of approximately 330 L.F. of existing canal, and the excavation of a by-pass canal. Also within the project scope, the demolition of existing wooden docks, aerial utility crossing, concrete bridge, and wing walls The bid also included add-alternates items for constructing 330 L.F. of concrete box culvert in lieu of excavating and dressing the existing western section of canal to Coral Trace Boulevard, should this be required under the LWDD permit. The City opened bids for this project on Thursday, August 01, 2002, with the lowest responsive bid from Johnson-Davis, Inc. in the amount of $745,000.00 for base bid items, plus $318,000.00 for add-alternate bid items. Johnson-Davis, Inc. has successfully completed projects for the City and their references prove favorable. Funding is provided as follows: Account # Description Contract Amount 334-6120-519-63.90 * Gen. Construction Fund/New High School $706,000.00 Site/Other Improvements 442-5178-536-63.50 Water & Sewer Renewal and Replacement/ $39,000.00 Water Mains Total $745,000.00 * after budget transfer Attached is a map showing the project location and bid tabulation. enc cc' Richard Hasko, P.E., Director of ESD Randal Krejcarek, C~ Engineer Rafael Ballestero, Dep. Dir of Construction, ESD City Clerks Office Agenda File 08-06-02 Project File 2002-003 (A) $:~EngAdminV=rojects~OO2~2OO2-OO3tCONSTRCTIAgnd Memo. culvert J-D 08 06.02 doc (~ . S. ~ AGENDA REQUEST Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda Agenda Item No.~ Date: Au,qust 2, 2002 When: Au,qust 6, 2002 Description of item (who, what, where, how much): Commission approval for contract award to Johnson-Davis, Inc. for the LWDD L-33 Canal Box Culvert project (PIN 2002-003), for base bid in the amount of $745,000.00. The proiect consists of constructinq 700 LF of precast box culvert within the Lake Worth Draina.qe District L-33 Canal, the excavation of 300 LF of existin.q canal, and the excavation of a by-pass canal. Account # Description Contract Amount 334-6120-519-63.90 * Gen. Construction Fund/New High $706,000.00 School Site/Other Improvements Water & Sewer Renewal and ReplacementJ Water Mains 442-5178-536-63.50 $39,000.00 Total $745,000.00 * after budget transfer ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of contract to Johnson-Davis, Inc. for the base bid in the amount of :~745,000.000. Department head signature <~?~- ov Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (r~,q.uired on all items involving expenditure of funds): ~..~ Funding available: ~O ~ Funding alternative's-~- (if applicable) //r ~.Account No. & Description~ ~Accountaalance ~Z.~'~2-3 -~3~..~'-~--~ ~ ~ .-~/5' ~.~ ~~-~ City Manager Review: Approved for agenda: Hold Until: YES/NO Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:~ngAdrnin~Projects~2OO2~2OO2-OO3~CONSTRCT~Agnd Req. culvert J-D 08. 06.02 doc 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 Victor Majtenyi Assistant Construction Manager August 1, 2002 LWDD L-33 Canal Box Culvert (ProJect # 2002-003) Commission Agenda Item, Construction Contract Award www.delrayesd.com Attached is an Agenda Request for City Commission to approve an award of contract to Johnson-Davis, Inc. for the LWDD L-33 Canal Box Culvert project in the amount of $745,000.00, base bid only. The project consists of constructing approximately 700 L.F. of 10 ft. x 12 ft. precast concrete box culvert and 2 endwalls within the Lake Worth Drainage District L-33 Canal, the excavation and dressing of approximately 330 L.F. of existing canal, and the excavation of a by-pass canal. Also within the project scope, the demolition of existing wooden docks, aerial utility crossing, concrete bridge, and wing walls. The bid also included add-alternates items for constructing 330 L.F. of concrete box culvert in lieu of excavating and dressing the existing western section of canal to Coral Trace Boulevard, should th~s be required under the LWDD permit. The City opened bids for this project on Thursday, August 01, 2002, with the lowest responsive bid from Johnson-Davis, Inc. in the amount of $745,000.00 for base bid items, plus $318,000.00 for add-alternate bid items. Johnson-Davis, Inc. has successfully completed projects for the City and their references prove favorable. Funding is provided as follows: Account # Description Contract Amount 334-6120-519-63.90' Gen. Construction Fund/New High School $706,000.00 Site/Other Improvements 442-5178-536-63.50 Water & Sewer Renewal and Replacement/ $39,000.00 Water Mains Total $745,000.00 * after budget transfer Attached is a map showing the project location and bid tabulation. enc cc: Richard Hasko, P.E., Director of ESD Randal Krejcarek, City Engineer Rafael Ballestero, Dep. Dir. of Construction, ESD City Clerks Office Agenda File 08-06-02 Project File 2002-003 (A) %,$.% C:~3ocuments and Settings~hardeMLocal Settings~ Temporary Intemet FilestOLK114~Agnd Memo. culvert. J-D 08.06 02. doc cO. 0~0000000000~ 0~0~0000 I :~ ooooooooooooooooooooooooo ~~ oooooooooo o * ............ ~ ..... i ,'~' §~~§~§§~OO~o o§~§§~~ooooooo~~oooo ~'~ o~ ooooooooo~oooooooooodo~o ~ oooooooooo o o ~'~::" ooooooooooooooooooooooooo,:i: oooooooooo o ~;~"" .... ooooooooooooooooooooooooo/~, oooooooooo TO: THRU: FROM: SUBJECT: DAVID ~¢,~E~ MANAGER. PAUL DORLING, DIREGJ~OR OF PLANNING AND ZONING SCOTT D. PAPE, SENIOR PLANNER ~ ~.,--~ ! ~ MEETING OF AUGUST 6, 2002 CONDITIONAL USE REQUEST TO ESTABLISH A PRIVATE SCHOOL FOR PALADIN ACADEMY LOCATED AT THE SOUTHWEST CORNER OF CONGRESS AVENUE AND LAKE IDA ROAD (LAKE IDA PLAZA). The subject property involves Lake Ida Plaza which was annexed into the City in 1988 via Ordinance 125-88. The property is located at the southwest corner of Congress Avenue and Lake Ida Road and contains 8 acres. The property was zoned GC (General Commercial) until it was rezoned to PC (Planned Commercial) with the Citywide rezoning associated with the approval of the Land Development Regulations in 1990. At its meeting of September 23, 1997, the City Commission approved a Conditional Use to establish a day care center in three of the bays located south of the former Winn Dixie building, and the associated non-impacting site plan modification (Class I) was approved administratively. At its meeting of June 18, 2002, the City Commission approved a Land Development Regulation text amendment to allow Private schools and other similar educational facilities as a conditional use in the PC zoning district. At its meeting of July 15, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request and no one from the public spoke. After discussing the proposal, the Board unanimously voted to recommend approval of the private school. The recommendation for approval included a waiver from the minimum outdoor play area requirement and conditions as follows: 1. That a site plan modification application be submitted for the improvements associated with the conditional use. 2. That the maximum enrollment of the school can not exceed 100 students. 3. That a photometric plan be submitted with the site plan modification that demonstrates compliance with the City's illumination standards. 4. That a maximum of 25 students are allowed in the outdoor play area at a time. (This restriction was volunteered by the applicant and incorporated by the Board). By motion: Waiver: Approve a waiver to LDR Section 4.3.3(HHH)(3), to reduce the minimum outdoor play area from 7,500 square feet to 5,500 square feet and the hedge from 6' to 2' along the south perimeter of the outdoor play, subject to the condition that a maximum of 25 students may be allowed within the play area at any one time and based on positive findings with respect to LDR Section 2.4.7(B)(5). Conditional Use: Approve the Conditional Use request for a Private School for Paladin Academy based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the Goals, Objectives and Policies of the Comprehensive Plan, subject to the following conditions: 1. That a site plan modification application be submitted for the improvements associated with the conditional use. 2. That the maximum enrollment of the school can not exceed 100 students. 3. That a photometric plan be submitted with the site plan modification that demonstrates compliance with the City's illumination standards. 4. That no more than 25 students are allowed in the outdoor play area at one time. Attachment: P&Z Staff Report and Documentation of July 15, 2002 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: July 15, 2002 IV.B. Conditional Use Request to Allow the Establishment of a Private School, known as the Paladin Academy Within Lake Ida Plaza. GENERAL DATA: Owner ......................................... MDN Lake Ida, Inc. Applicant ..................................... Nobel Learning Communities, Inc. Agent .......................................... Weiner & Aronson, P.A. Location ...................................... Southwest Corner of Lake Ida Road and Congress Avenue. Property Size .............................. 8.35 Acres Future La'nd Use Map ............. GC (General Commercial) Current Zoning ............................ PC (Planned Commercial), Adjacent Zoning ................ North: PRD (Planned Residential East: South: West: Existing Land Use ...................... Proposed Land Use .................... Water Service ............................. Sewer Service ............................. Development) & CF (Community Facilities) PCC (Planned Commerce Center) RM-8 (Multiple Family Residential- Medium Density) RM-8 (Multiple Family Residential- Medium Density) Vacant Conditional Use request to allow the establishment of a private school (Paladin Academy) within Lake Ida Plaza. Existing on site. Existing on site. IV.B. The action before the Board is making a recommendation to the City Commission on a Conditional Use request to allow Private schools and other similar educational facilities for Paladin Academy in the PC (Planned Commercial) zoning district, .pursuant to LDR Section 2.4.5(E). Pursuant to Section 2.2.2(E)(6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to establishing a conditional use on any property within the City. The subject property involves Lake Ida Plaza which was annexed into the City in 1988 via Ordinance 125-88. The property is located at the southwest corner of Congress Avenue and Lake Ida Road and contains 8 acres. The property was zoned GC (General Commercial) until it was rezoned to PC (Planned Commercial) with the Citywide rezonings associated with the approval of the Land Development Regulations in 1990. At its meeting of September 23, 1997, the City Commission approved a Conditional Use to establish a day care center in three of the bays located south of the former Winn Dixie building, and the associated non-impacting site plan modification (Class I) was approved administratively. At its meeting of June 18, 2002, the City Commission approved a Land Development Regulation text amendment to allow Private schools and other similar educational facilities as a conditional use in the PC zoning district. A conditional use application has been submitted for a Private school and is now before the Board for action. The conditional use request to establish a private school is associated with the conversion of existing commercial tenant spaces along the north side of the plaza and includes the following: Conversion of 6,153 square feet of commercial tenant space to a school facility; Installation of a 5,500 square feet of outdoor play area, which includes an optional half-court basketball facility; and, > Installation of a drop-off area along the east side of the school. The school will have a capacity of 100 children and a maximum of 12 employees. The hours of operation will be 8:00 a.m. to 5:00 p.m. Monday through Friday. The school will provide transportation to and from the school for elementary and middle school Planning & Zoning Staff Report Conditional Use to Allow a Private schools and other similar education facilities Page 2 students, a drop-off area for those not utilizing organized transportation, and parking for high school aged students. The conditional use application includes a waiver to the following requirement: Land Development Regulation (LDR) Section 4.3.3(HHH)(3), which requires a minimum area of 75 square feet of outdoor play area per student. 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. Pursuant to LDR Section 4.4.12(D)(3), private schools and other similar educational facilities are allowed as a conditional use within the PC zoning district. The proposed PC zoning district is consistent with the current FLUM designation of GC (General Commercial). Thus, positive findings can be made regarding consistency with the FLUM and zoning designations. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposed conversion of the existing commercial tenant space to a private school does not affect the previous findings of concurrency for this property since concurrency is based on the use of the property as a shopping center. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Planning & Zoning Staff Report Conditional Use to Allow a Private schools and other similar education facilities Page 3 A review of the objectives and policies of the adopted Comprehensive Plan was conducted. There are several objectives and policies that address education within the City, which generally apply to public education. However, there are no applicable objectives and policies that are relevant to the proposed Conditional Use. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The following zoning designations and uses border the property: Direction Zoning Uses North CF & PRD Residential and vacant land South & West RM-8 Residential East PCC Vacant The proposed development is located within the existing Lake Ida Shopping Center. The proposed use will be located within the northern portion of this center. There have been no known conflicts between the existing shopping center and adjacent properties. The northern portion of the property will be reconfigured to provide outdoor recreation facilities. This area will be landscaped. There will be no anticipated conflict created by this area and adjacent properties. The Rainberry Lakes recreation facilities are located on the north side of Lake Ida Road, therefore the school's facilities will be located approximately 400' from the nearest residences within this development. With respect to the Water's Edge apartment complex on the west side of the property, the nearest apartment building is located approximately 250' from the proposed playground and is separated by landscaping and open space area. Based on the above, a positive finding can be made that the proposed conditional use will not have a detrimental affect on the neighborhood or hinder development of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: If the Conditional Use is approved, pursuant to LDR Section 2.4.5(E)(4) a site plan submittal complying with the Land Development Regulations will be required. Along with the Conditional Use request, a sketch plan has been submitted and reviewed by staff. The following issues affect the site design and will need to be addressed during the site plan review process: Planning & Zoning Staff Report Conditional Use to Allow a Private schools and other similar education facilities Page 4 Liqhtinq: The conceptual plan does not include a photometric plan. Therefore, staff was unable to determine compliance with the City's illumination standards. The lighting of the parking area is of principal concern with respect to compatibility with the adjacent residential neighborhoods. The lighting of this parking area must be shielded in order to eliminate spillage onto the adjacent properties. A condition of approval is attached that the applicant shall submit a photometric plan that demonstrates compliance with LDR Section 4.6.8. Parkinq: Pursuant to Land Development Regulation (LDR) Section 4.6.9(C)(3)(e), the parking required for the shopping center is 4 spaces per 1,000 square feet of gross floor area. The existing 79,776 square foot shopping center includes the outdoor dining area for the restaurant along Congress Avenue, which requires a total of 324 parking spaces. The applicant proposes to restripe parking spaces on the east side of the shopping center in order to accommodate the loss of parking spaces due to the installation of the outdoor play area and drop-off area. The restriping of the existing parking area will result in the provision of 325 parking spaces within the center. Compliance with LDR requirements with respect to these modified parking areas will be addressed with the site plan modification. Indoor Floor Area: Per LDR Section 4.3.3(HHH), private schools shall contain a minimum floor area of 35 square feet per child, exclusive of space devoted to bathrooms, halls, kitchen, offices, and storage. Given the proposed student capacity (100 students), the school must provide a minimum of 3,500 square feet of class space. The proposed school exceeds this requirement as 3,995 square feet of class room space is provided. Loading Area: Per LDR Section 4.3.3(HHH)(2), a pickup and drop-off area for children shall be provided in a convenient area adjacent to the building and shall provide clear ingress and egress to the building. A minimum of a 100' dedicated drop-off/pick-up lane shall be provided. A drop-off area has been provided on the east side of the school that is approximately 120' in length and contains a by-pass lane that could also be used as an additional stacking area. Outdoor Play Area: Per LDR Section 4.3.3(HHH)(3), there shall be a minimum area of 75 square feet of outdoor play area per student. The play area shall be located on the same lot as the principal use and shall not be located in the front yard setback. The play area shall be surrounded by a 6'-high opaque fence or chain link fence with a 6'-high hedge. Outdoor play areas shall meet the minimum setbacks in the PC zoning district per LDR Section 4.3.4(K). Relief from this requirement shall only be granted by the City Commission through the waiver process [Section 2.4.7(B)]. The proposed outdoor play area located Planning & Zoning Staff Report Conditional Use to Allow a Private schools and other s~milar education facilities Page 5 along north side of the property consists of 5,500 square feet and includes a partial basketball court. Given this area, the maximum enrollment of the school could not exceed 73 students. The outdoor play is enclosed with a 6'-high chain link fence and will have a 6'-high hedge along the north side (along Lake Ida Road) and a 2'-hedge along the south side. The applicant has submitted a request to waive the minimum outdoor play area requirement and hedge height. 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, (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. The applicant has provided the following justification for the proposed waiver: "1. The primary focus of Paladin Academy is to educate students with learning disabilities and is not focused on recreational activities. Parents wi//send their children to this school primarily for educational purposes; 2. Paladin Academy offers alternative recreational activities such as periodic field trips and will make weekly trips to the city park on Lake/da Road, which is only about one mile away; and, 3. Additionally, all students wi//not be outside in the open space at one time. There will be staggered recreational periods throughout the day enabling sufficient open space for each student when such student is in the outdoor play area.' With respect to the hedge, the applicant indicates that the hedge will be reduced on the interior facing side to 24" in height to allow for supervision of the play area from the school side. As noted above, the proposed 5,500 square foot outdoor play area would accommodate a student population of 73 students. As noted previously, the school will have an attendance capacity of up to 100 students. With the operation of the play areas in shifts the minimum standard of 75 square feet per child at any given time will be maintained. The proposed square footage would meet this standard up to a maximum of 73 students at any one time. Further, the recreational component will be supplemented with outside recreational opportunities. Given these factors a waiver in the case could be supported. With respect to the hedge height, the waiver is supported in that the impact will be to the interior of the center and safety concerns dictate visibility to the play area from the school. The 6'-high hedge must be maintained along the north, east and west sides of the outdoor play area, as these sides are visible from the Planning & Zoning Staff Report Conditional Use to Allow a Private schools and other similar education facilities Page 6 public right-of-way. The waiver will not affect the delivery of public services, and will not create an unsafe situation with respect to public safety. Similar circumstances on other properties would lead to the same conclusion. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver Findings can be made. Transport Vehicles: Per LDR Section 4.3.3(HHH)(4), for pdvate schools that utilize transport vehicles, an area must be designated for the parking/storage of these vehicles and that these areas be screened when visible from a public right-of-way or residentially zoned property. The applicant has indicated that two vans will be used to transport students and that they will be parked along the west side of the plaza. These spaces will not be visible from Lake Ida Road and will be buffered from Waters Edge Apartments by the Lake Ida Plaza perimeter landscaping which consists of Mahogany trees, Black Olive trees. Further, a Cocoplum hedge exists on the Waters Edge side of the perimeter fence which provides adequate visual screening. Student Capacity: Pursuant to LDR Section 4.3.3(HHH)(6), private school facilities shall be limited to a maximum of 100 students when located in the PC zoning district and is attached as a condition of approval. Perimeter Landscapinq: Perimeter landscaping along the west side of the shopping center consists of established live oak trees. The Waters Edge Apartments provides a substantial landscape buffer along the east side of its development that consists of existing Slash Pine trees underplanted with Wax Myrtle and Fire Bush. The existing mature landscaping provides a substantial screening that buffers the shopping center from the adjacent apartment complex. The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or HPB (Historic Preservation Board). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: President's Council Chamber of Commerce PROD Planning & Zoning Staff Report Conditional Use to Allow a Private schools and other similar education facilities 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. The proposed Conditional Use to allow a Private School will allow for more diverse educational options within the City of Delray Beach. Positive findings can be made with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the Goals, Objectives, and Policies of the Comprehensive Plan and Section 2.4.7(B)(5) Waiver Findings. Therefore the proposed Conditional Use can be recommended for approval based on the findings outlined in this report. ! I A. Continue with direction. Recommend approval of the Conditional Use request for a Private School for Paladin Academy based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and Section 2.4.7(B)(5) (Waiver Findings) of the Land Development Regulations, and the Goals, Objectives and Policies of the Comprehensive Plan subject to conditions. Recommend denial of the Conditional Use request to for a Pdvate School for Paladin Academy based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and Section 2.4.7(B)(5) (Waiver Findings) of the Land Development Regulations. By separate motions: Recommend to the City Commission approval of a waiver to LDR Section 4.3.3(HHH)(3), to reduce the minimum outdoor play area from 7,500 square feet to 5,500 square feet and the hedge from 6' to 2' along the south perimeter of the outdoor play, subject to the condition that a maximum of 73 students may be allowed within the play area at any one time and based on positive findings with respect to LDR Section 2.4.7(B)(5). Recommend to the City Commission approval of the Conditional Use request for a Private School for Paladin Academy based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the Goals, Objectives and Policies of the Comprehensive Plan, subject to the following conditions: Planning & Zoning Staff Report Conditional Use to Allow a Private schools and other similar education facilities Page 8 That a site plan modification application must be submitted for the improvements associated with the conditional use. That the maximum of enrollment of the school can not exceed 100 students. That a photometric plan be submitted with the site plan modification that demonstrates compliance with the City's illumination standards. Attachments: [] Conceptual Plan [] Location Map Report prepared by: Scott Pape, Senior Planner 4;4 J I .J E} .o.%..~%%,.-.%..~%.o o",'. %' ':DNI N~1S30 SI,NP TO: THRU: FROM: SUBJECT: DAVID T. HARDENyC~o~A~, PAUL DORLING, DIRECTOR OF PLANNt, NG AND ZONING MICHELLE E. HOYLAND, SENIOR PLANNER ~ '~~~ MEETING OF AUGUST 6, 2002 CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH JOURDAN'S BRIDGE CLUB WITHIN A 5:000 SQ. FT. BAY OF THE DELRAY SQUARE PHASE II SHOPPING CENTER WHICH IS LOCATED ON THE EAST SIDE OF MILITARY TRAIL, APPROXIMATELY 650 FEET NORTH OF ATLANTIC AVENUE. The conditional use request is to establish Jourdan's Bridge Club within the Delray Square II Shopping Plaza. The use falls within the category of Clubs and Lodges; social, fraternal, and recreational, and requires conditional use approval pursuant to LDR Section 4.4.12(D)(1) [ref. LDR Section 4.4.9(D)(5) of the GC (General Commercial) zoning district]. The business will occupy 5,000 sq.ft, within one bay at the east end of the shopping center, immediately to the north of the South Palm Beach County Jewish Federation. Business hours will be 10:00 am to 4:00 pm daily and between the hours of 7:30 pm to 10:30 pm Monday through Thursday for tournament play. There will be 3 full time employees and 3 part time employees. The maximum capacity of the facility will be 238 people (232 players and 6 employees). The plans indicate that there will be 58 tables accommodating 4 players per table, restrooms, a kitchen area and an employee podium. The existing 10,000 sq. ft. bay which was formerly occupied by a bakery will be divided into two 5,000 sq. ft. bays, requiring interior improvements. Additional background and analysis is found in the attached Planning and Zoning Board Staff Report. At a public hearing held on July 15, 2002, the Planning and Zoning Board considered the Conditional Use request. There was no public testimony regarding the Conditional Use request. However, the applicant indicated that the hours of operation originally noted in the application and Planning and Zoning Board staff report were inaccurate and the request was amended. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend approval of the Conditional Use request to establish Jourdan's Bridge Club, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. By motion, approve the Conditional Use request to establish a recreational bridge club to be known as Jourdan's Bridge Club, within the Delray Square II Shopping Plaza, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings for Conditional Use), of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the maximum capacity and hours of operation contained herein. · P&Z Staff Report and Documentation of July 15, 2002. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: July 15, 2002 IV.C. Conditional Use Request to Allow the Establishment of a Recreational Bridge Club to be Known as Jourdan's Bridge Club Within the Delray Square II Shopping Center. GENERAL DATA: Owner/Applicant .......................... Charles C. Moosa Agent .......................................... n/a Location ...................................... East Side of Military Trail, Approximately 650 Feet North of West Atlantic Avenue. Property Size ..................... : ........ 3.96 Acres Future Land Use Map ................GC (General Commercial),- Current Zoning ............................ PC (Planned Commercial) Adjacent Zoning ................ North: R-I-A (Single Family East: South: West: Existing Land Use ...................... Proposed Land Use .................... Water Service ............................. Sewer Service ............................. Residential) & GC (General Commercial) & A (Agriculture) POC (Planned Office Center) PC (Planned Commercial) GC (General Commercial) & CG SE (County Use, General Commercial - Special Exception) Retail bakery Conditional Use request to allow the establishment of a bridge club. Existing on site. Existing on site. II EXTRA CLOSET ,,~ ~ ............ K~Bi~,~ WEST ATLANTIC AV~ ' I' · ~g ~ :: i · .............................. · ~ IV.C. The action before the Board is that of making a recommendation to the City Commission on a Conditional Use request to establish a bridge club to be know as the Jourdan's Bridge Club, within a 5,000 sq. ft. bay of the Delray Square Phase II Shopping Center, pursuant to LDR Section 2.4.5(E). The subject property is located on the east side of Military Trail, approximately 650 feet north of Atlantic Avenue, at the east end of the Delray Square Phase II Shopping Center. The subject property consists of Tract lA, lB, 3 & 4 of Delray Square, contains 3.96 acres, and is zoned PC (Planned Commercial). This property has an extensive land use history which dates back to 1976, at which time a Water Service Agreement was approved between the City of Delray Beach and Delray Square Associates, Ltd., for the City to provide water service to the Delray Square shopping center. Phase I of Delray Square (Publix, Movie Theatre) was constructed in 1976. Phase II (Zayre/Ames) was constructed in 1987, with the east portion of the shopping center (Phar-Mor) being constructed in 1989. On October 24, 1989, the subject property was annexed into the City of Delray Beach with a zoning designation of GC (General Commercial). With the Citywide rezoning of 1990, the Delray Square shopping center was rezoned to PC (Planned Commercial). There have been site plan modifications processed for Delray Square which include minor additions and alterations to the shopping center. At its April 15, 1992 meeting the Site Plan Review and Appearance Board (SPRAB) approved a non-impacting site plan modification for Engleman's Kosher Foods to allow the installation of a walk-in cooler and dumpster enclosure associated with the establishment of a new retail bakery. On October 1, 1992 a non-impacting site plan modification was administratively approved by the Planning and Zoning Department to allow the addition of a boiler room and relocation of a compressor pad for the bakery. Three different retail bakeries have occupied the subject bay since 1992. On June 4, 1996 the City Commission approved a conditional use request to establish a community center/social club for the South Palm Beach County Jewish Federation. The 51,700 sq. ft. facility was previously occupied by the Phar-Mor Store within the bay immediately to the south of the proposed bridge club. The South Palm Beach County Jewish Federation is still in operation. Planning and Zoning Board Staff ' ,port Jourdan's Bridge Club - Conditio~,ol Use Approval Page 2 The subject bay is currently vacant and contains 10,000 sq.ft., which will be subdivided into two 5,000 sq.ft, bays. The Jourdan's bridge club will occupy one 5,000 sq. ft. bay. The bay was most recently occupied by South County Bakery, a wholesale and retail bakery which vacated the site in 2002. On June 7, 2002, a Conditional Use request was submitted to establish a recreational bridge club within the subject bay of the Delray Square (Phase II) shopping center and is now before the Board for action. The request is to establish a bridge club for Jourdan's Bridge Club. The use falls within the category of Clubs and Lodges; social, fraternal, and recreational, and requires conditional use approval pursuant to LDR Section 4.4.12(D)(1) [ref. LDR Section 4.4.9(D)(5) of the GC (General Commercial) zoning district]. The business will occupy 5,000 sq.ft, within one bay at the east end of the shopping center, immediately to the north of the South Palm Beach County Jewish Federation. Business hours will be 10:00 am to 4:00 pm daily and occasionally between the hours of 5:30 pm to 8:30 pm for tournament play. There will be 3 full time employees and 3 part time employees. The maximum capacity of the facility will be 238 people (232 players and 6 employees). The plans indicate that there will be 58 tables accommodating 4 players per table, restrooms, a kitchen area and an employee podium. The existing 10,000 sq. ft. bay which was formedy occupied by a bakery will be divided into two 5,000 sq. ft. bays, requiring intedor improvements. 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 following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). The subject property has a Future Land Use Map designation of GC (General Commercial) and a PC (Planned Commercial) zoning designation. The PC zoning designation is consistent with the GC FLUM designation. Within the PC zoning district, the conditional uses of the GC zoning district are applicable. Pursuant to LDR Section 4.4.12(13) [ref. Section4.4.9(D)(5)], within the PC zoning district, clubs and lodges; social, fraternal and recreational, are allowed as a Conditional Use. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map. Planning and Zoning Board Staff ,port Jourdan's Bridge Club - Conditio~,.,~ Use Approval Page 3 CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposal is to occupy half of a vacant bay within an existing shopping center. Adequate water and sewer services, as well as drainage retention areas, were provided with development of the shopping center and are existing on-site. The proposed use will not have an impact on the City's ability to provide adequate levels of service (i.e. water, sewer, drainage, solid waste, and parks and recreation facilities). With respect to traffic concurrency, a traffic study was submitted projecting that the conversion of 5,000 sq.ft, bakery to a bridge club will have a net reduction in trip generation of 242 trips per day compared to the previous retail use. Based upon the above, a positive finding can be made with respect to concurrency. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives or policies were found. SECTION 2.4.5{E) REQUIRED FINDINGS: {Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; Nor that it will hinder development or redevelopment of nearby properties. As the proposed use will occupy a portion of a vacant bay which is internal to the Delray Square Shopping Center, there will be no impacts on adjacent properties. The proposed use will not hinder development or redevelopment of nearby properties. While the shopping center currently has a large vacancy rate (64%), the use may help to attract other businesses into the center, which has had difficulty attracting tenants to occupy the large number of vacant bays. Planning and Zoning Board Staff, .port Jourdan's Bridge Club - Conditiol,.., Use Approval Page 4 COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. Floor Plan With the Conditional Use request, a floodsketch plan was submitted and reviewed by staff. The floor plan indicates that 58 tables accommodating 4 persons each are proposed. Additionally, a kitchen, podium and restrooms are to be located in the center of the reom. The proposed kitchen contains a refrigerator, stove and sink. The applicant has indicated that snacks and refreshments will be served to the players. LDR Section 4.6.9 {Pa,r, kinq): Pursuant to LDR Section 4.6.9(C)(3)(e), shopping centers with 25,000 sq. ft. to 400,000 sq. ft. of gross leasable floor area, irrespective of uses, must provide 4 parking spaces per 1,000 square feet. However, this proposal was also reviewed with regard to the distribution of spaces on the site based on LDR Section 4.6.9(C)(5)(d), which states that clubs and lodges shall provide 1 parking space for every four seats or 1 space for every 50 sq. ft. of total floor area, whichever is greater. The proposed bridge club will accommodate 232 seats which would require 58 parking spaces and the total 5,000 sq. ft. of floor area would require 100 parking spaces. Therefore, being the greater, 100 parking spaces are required with this type of use. The Delray Square (Phase II) shopping center contains approximately 1,100 parking spaces with approximately 350 spaces in the general vicinity of the subject bay. It is noted that the South Palm Beach County Jewish Federation Club is located immediately adjacent to the proposed bridge club. In addition, the movie theatres of Delray Square Phase I are in close proximity which have a high evening demand. However, it was identified with the conditional use approval for the Jewish Federation Club that the facility would operate primarily during the evening hours, when a majority of the tenants will be closed. The bridge club holds hours primarily during the daytime. Therefore, there will be a sufficient number of parking spaces in the immediate area to accommodate the daytime demands of the proposed facility as well as the adjacent retail uses within the shopping plaza. Based upon the above, there is an adequate number of parking spaces to accommodate the recreational bridge club as well as other tenants. The demand on parking should be similar to the previous retail use. The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Planning and Zoning Board Staff ,port Jourdan's Bridge Club - Condition,.., Use Approval Page 5 Public Notice: Formal public notice has been provided to property owners within a 500-foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: Highland Trailer Park Sunset Pines Sherwood Forest Progressive Residents of Delray (PROD) Presidents Council Lee's Crossing Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed Conditional Use request involves the establishment of a recreational bddge club for Jourdan's Bridge Club, within the Delray Square II Shopping Plaza. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. There is adequate parking in the vicinity of this bay to accommodate parking demands of this facility as well as adjacent businesses. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed use with surrounding properties. Continue with direction. Recommend approval of the request for Conditional Use request for the establishment of a recreational bridge club for Jourdan's Bridge Club, within the Delray Square II Shopping Plaza, based upon positive findings with respect to Section 2.4.5(E)(5) (Required Findings for Conditional Use) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan. Recommend denial of the Conditional Use request for the establishment of a recreational bridge club for Jourdan's Bridge Club, within the Delray Square II Shopping Plaza, based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Required Findings for Conditional Use), that the proposed use will hinder development of nearby properties. Planning and Zoning Board Star' ,port Jourdan's Bridge Club - Conditior,-~ Use Approval Page 6 I' I! Recommend approval of the Conditional Use request to establish a recreational bridge club for Jourdan's Bridge Club, within the Delray Square II Shopping Plaza, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings for Conditional Use), of the Land Development Regulations, and the policies of the Comprehensive Plan. Attachments: · Location Map · Survey · Unit Floor Plan Report Prepared by: Michelle Hoyland, Senior Planner MILITARY TRAIL ~ To Atlantic Ave~ outl~ I GDE MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # "~ ~ - REGULAR MEETING OF AUGUST 6. 2002 FINAL PLAT APPROVAL/CRUZAN CORNER PLAT AUGUST 2, 2002 This is before the Commission to approve the final subdivision plat for Cmzan Comer. The property is located just south of N.W. 7m Street, between N.W. 4t~ Avenue and (abandoned) N.W. 3~a Avenue. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final subdivision plat for Cruzan Comer. S:\City Clerk\chevelle folder\agenda memos\Final Plat. CmzanCorner.08.06.02 TO: THRU: FROM: SUBJECT: CITY COMMiS$1ONDOGUMENTATION "~'"~" , .......................... I DAVID T. HAI~,~ M~R i, MEETING OF AUGUST 6, 2002 ~..~"~ APPROVAL OF A COMBINED PRELIMINARY/FINALPLAT FOR A 0.98 ACRE FEE SIMPLE SINGLE-FAMILY DETACHED SUBDIVISION KNOWN AS CRUZAN CORNER, LOCATED AT THE SOUTHEAST CORNER OF NW 4TM AVENUE AND NW 7TM STREET. This plat is being processed pursuant to LDR Section 2.4.5(K), Minor Subdivisions. The proposed plat consists of three (3) fee-simple single-family detached lots, with all parcels fronting and taking access from either NW 4TM Avenue or NW 7TM Street. Lots will range in frontage from 85-feet to approximately 120-feet, and in total lot area from 11,847 square feet to 19,306 square feet. The plat includes an 8' utility easement along the south side of all three lots. The subject property is currently platted as Lots 1, 2, 3, 4, & 5, Block 4-A, of the Plat of Lake View Heights (Plat Book 4, Page 67), and the west half the abandoned NW 3RD Avenue right- of-way (City Resolution #27-69). The proposal will reduce the total number of lots from 5 to 3, with all newly created lots meeting the development criteria of the R-l-AA (Single Family Residential) Zone District, in which they are located. As this is Minor Subdivision (3 lots or less), prior consideration by the Planning and Zoning Board is not required. In addition, site plan approval is not required for infill single family homes. A finding with respect to Public School Concurrency is not required of this development, as it was in process prior to the June 27, 2002, cut off date, and is considered vested. By motion, approve the preliminary plat for Cruzan Corner and certify the final plat based upon positive findings with respect to Section 3.1.1, Section 3.2.3 and Objectives and Policies of the Comprehensive Plan. S:t P&Z~boards~citycommission~Cruzan-CCdoc.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: PROJECT: ACTION: David T. Harden William A. Grieve, P.E. July 30, 2002 Cruzan Corner Subdivision Plat Approval The attached agenda request is for Commission approval of the subdivision plat for Cruzan Corner. Also attached is a location map and reduced copy of the plat. The property is located just south of NW 7th Street, between NW 4th Avenue and (abandoned) NW 3rd Avenue. The Cruzan Corner plat is a replat of Lots 1,2,3,4 & 5 of Lake View Heights and 1/2 of the abandoned N.W. 3rd Avenue. Zoning approval and a site plan were not required for this project. Since it is a minor plat, approval from the Planning and Zoning Board was not required. Please place this agenda request on the August 6, 2002 Commission Agenda. enc cc TAC file file: s:/engadmin/tac/Cruzan Corner/plat agenda memo 08-06-2002 Printed: 7/31/2002 <~"---'iN'£' ~ ST. ~'~ I ,,ii , ,~l ~ ~/~/,x '~ ~ ..... ~-- L ..... 4 ....... ' _~ ~%----~r~ J / ,'" ~ i .... -~ WO~-~E- ~ ~ ~Z~ "'- ___~_~ ..... ~ ~¢-~ .... ~~-~--~! ~2 ...... ' ' J .... ~--~ i~~, .,.L .~ ', .... ........... ~' % LAKE IDA ROAD ~ ~ C~ ~ DELRAY BEACH CRUZAN CORNER DA~:7/31/02 E~~ ~~ ~~~ LOCA~ ON MAP :RUZAN-CORNE ~~A~~Y~~~ 2~2-200 1 OF 1 [IT¥ gE[fll:tY gEI:IEH DELRAY BEACH NI-AmedcaCity 1993 2001 100 N W. 1st AVENUE TO; FROM: David T. Harden City Manager Robert A. Barcinski ~ Assistant City Manager' ' DELRAY BEACH, FLORIDA 33444 561/243-7000 DATE: July 31, 2002 SUBJECT: Agenda Item% City Cultural Festival Commission Meetin~ August 6, 2002 Roots ACTION City Commission is requested to consider a request from the Roots Cultural Festival, Inc. to allow them to charge a parking fee for the use of the City Hall parking lots on August loth and llth. BACKGROUND Commission previously approved the use of City Hall parking lots for the Roots Festival weekend on August 10t~ and 11t~. Mr. Stevens per the attached letter is requesting permission to charge for parking at the City Hall lots as a fund-raiser for the MAD DADS Youth Drill Teams. The charge will be $5.00 for the day. Due to activities scheduled in the Community Center on the l0th and 11th we would not be able to use the parking lot in front of the Community Center; however, all the parking spaces in the lots on the north side of City Hall can be utilized. RECOMMENDATION Staff recommends consideration of the request to allow the Roots Cultural Festival, Inc. to charge for the use of parking in the lots on the north side of City Hall on August 10th and 11m. RAB/tas Cc: Joe Weldon Scott Aronson File:u:sweeney/events Doc: roots cultural festival parking lots 2002 THE EFFORT ALWAYS MATTERS July 30, 2002 OOT$ CULTURAl. F'E TiVAL. lNG. A Celebration of Unih/and Culture Mr. Robert Barcinski Assistant City Manager ! 00 N.~V'. I ~ Avenue Delray Beach, FL 33444 Dear Mr. Barcinski: On behalf of the Roots Cultural Festival, I would like to request that the City Hall parking lot be blocked off all day August 10 and ! 1, 2002 for exclusive use by Roots. This will be used for parking. Representatives of Roots and MAD DADS Youth Drill Team will be charging a parking fee with all proceeds going to the MAD DADS Youth Drill Teams. ~/e are hereby requesting City Commission approval. If you have any questions, please call me at (561) 274-0365. Thank you for your consideration. Sincerely, Tommy Stevens Executive Director TS:cp Refirootsprkg RO, Box 2654 Delray Beach, FL. 33447 · tlTY DELRAY BEACH AII-AmedcaCity 1993 2001 ~00 N W. ~st AVENUE DELRAY BEACH, FLORIDA 33444 TO: FROM: David T. Harden City Manager ~, obert A. Barcinski Assistant City Manager DATE: SUBJECT: July 31, 2002 Agenda Item~~ City Commission Meetin~ A~reement for Use of Tennis Center August 6~ 2002 License ACTION City Commission is requested to approve a license agreement between the City and BAKA Enterprises, Inc. for the use of the Tennis Stadium, Clubhouse and Community Center for a boxing event proposed to be held in the stadium on September 28, 2002 from 6:00 p.m. until 11:00 p.m. BA CKGR 0 UND Attached is a proposed license agreement between the City and BAKA Enterprise, Inc. for the use of the Tennis Center site and Stadium for a proposed boxing event to be held on September 28th. Per terms of the agreement BAKA would have use of the stadium, clubhouse, and Community Center gym and locker rooms from 9:00 a.m. September 27th through 6:00 p.m. September 30th. BAKA Enterprise, Inc. will be responsible for managing the event, promotion, advertising, set up of the boxing ring, ticket sales, and concessions. Payment will be made to the City for all overtime costs for City and Tennis Center staff, site rental and facility fees and clean up and other costs as outlined on the attached estimates of income and revenue. All fees are required to be paid to the City seventy-two (72) hours prior to the event. The City is requested to provide staff assistance for security and traffic control, barricading, preparing and installing signage for parking and event signage; as well as, provide for an on site electrician. Our staff will be responsible for floor set up, trash removal, and overall site supervision. 561/243-7000 Prmtod on Recycled Pat>or THE EFFORT ALWAYS MATTERS Subject. Agenda Item City Commission Meeting August 6, 2002 License Agreement for Use of Tennis Center Page #2 BAKA Enterprise, Inc. held a similar event at our site on May 25, 2002. The net profit to the City for that event was $5,095. Estimated net profit for this event is $9,250. This is an additional event for the Tennis Stadium. RECOMMENDATION Staff recommends approval of the proposed license agreement with BAKA Enterprise, Inc. for a boxing event to be held at the Tennis Stadium on September 28, 2002. RAB/tas Cc: Joe Weldon Brahm Dubin File:u:sweeney/events Doc: BAKA Boxing 092802 LICENSE AGREEMENT THIS AGREEMENT made this __ day of , 200_ by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter referred to as "City") and BAKA ENTERPRISES, LLC., (hereinafter referred to as "Licensee"). WITNESSETH: WHEREAS, City owns and controls certain land upon which is located the Delray Beach Municipal Tennis Center, and hereinafter called "Tennis Center"; and WHEREAS, this Event is sanctioned by the State of Florida Athletic Commission; and WHEREAS, City has determined that it is in the public interest to enter into an agreemen~ with Licensee for the event at the Tennis Center. NOW, THEREFORE, it is mutually agreed as follows: 1. License/Term. (a) Licensee has presented to the City that it would like to use the Tennis Stadium and accessways thereto (Tennis Center) for the sole purpose of presenting the event known as " "(hereinafter referred to as the Event). (b) The License shall be for the exclusive use of the Tennis Center from 4:00 p.m. on September 27, 2002 until 12:01 p.m. on September 29, 2002 for the event beginning on September 28, 2002 at 6:00 p.m. and ending on September 28, 2002 at 11:00 p.m. Licensee shall be allowed to set up on September 27, 2002 after 9:00 a.m. and shall remove all equipment and vacate the premises by September 30, 2002 at 6:00 p.m Licensee shall have the exclusive use of the City of Delray Beach Community Center Gymnasium, located at 50 N.W. 14 Avenue, Delray Beach, FL, on September 28 from 8:00 a.m. until 11:00 p.m. at which time Licensee shall remove all equipment and vacate the premises. (c) In the event that Licensee is unable to hold the Event on the date provided above due to inclement weather, the City and Licensee shall then mutually agree on another date for the Event. 2. Purpose. The parties agree that Licensee shall promote and produce the Event in a manner which complies with community standards and appears to the interest of the general public, and use its best efforts to promote this Event at the Tennis Center. Licensee, at its sole cost and expense, shall provide management and personnel experienced in the promotion and production of the Event and for the purpose of supervising and directing Licensee's obligations under this agreement. 3. Licensee's Rights for the Event. Licensee shall have authority, subject to the provisions and limitations set forth in this agreement, to enter into contracts or agreements to put on the Event. All such contracts shall be negotiated and executed by Licensee in its name and shall not be contracts and obligations of City. All contracts entered into by Licensee shall specifically contain language which provides that City is not a party to such agreement and is not obligated in any mariner by any of the terms therein. The Licensee's rights are subject to the rights and limitations and obligations that currently exist between the City and Coca-Cola of Florida 4. Facilities and Services Provided by Cit~. Unless otherwise herein specified, City shall be responsible for, or agrees to provide, the following facilities and production assistance in connection with the conduct of and staging of the Event: (a) use of a stadium court; (b) television tower and platform and all necessary electricity to provide power to the tower and platform throughout the Event; (c) a public address system; (d) parking for boxholders, players, sponsors, ticketholders, press, staff, and volunteers. (Licensee to implement, manage and staff parking, including reserved areas); (e) all electrical, water and sewer utilities and one on-site electrician (all costs and expenses are Licensee's responsibility) for the duration of the Event (hook-ups not included); (0 adequate space for and operation of concessions, retail booths, etc. (Licensee shall place and operate the concessions and retain all revenues from its concessions and retail booths); (g) restroom facilities and supplies; (h) the use of areas for celebrities, press, press interview, volunteers, officials, ticket office, and VIP hospitality and the use of locker rooms, as mutually agreed. Areas should include tables, chairs, furniture and air conditioning, as tnutually agreed; (i) on and off-site directional signage; 9. (J) (k) (I) (m) (n) (o) (q) all necessary permits; mutually agreed upon marketing support of the Event; access to utilities to include but not be limited to water/sewer, electric/lighting; reasonable use of the locker room at the Community Center; reasonable use of the gymnasium at the Community Center; maintenance personnel to maintain and clean the restrooms as well as garbage pickup during and post event (Licensee shall be responsible for cost of personnel); personnel to assist with issues involving the Tennis Center during the Event (Licensee shall be responsible for cost of personnel); garbage dumpsters (Licensee shall be responsible for cost ofdumpsters). 5. Staging and Production of the Event. The organization, staging, and conduct of the Event will Licensee, which responsibilities shall include the following: (a) (b) (c) (d) (e) (0 (g) (h) (i) be the responsibility of the handling ticket and box office sales; Obtaining an Event Director, all personnel involved in the Event, and the Event participants; Administering the entire Event; Setting up each Event on-site and handling all activities of the Event, including set up and tear down of the boxing ring, and lighting and sound systems; Soliciting sponsorship sales and television rights sales for the Event; Handling promotions, advertising, sales, public relations, and program production for the Event; Liaising with the charity beneficiaries selected by Licensee for the Event; Licensee is responsible for the cost of covering courts as set forth in Paragraph 7 if V1P tents are to be set up or if needed to cover courts used for contents; Licensee shall pay for all expenses relating to phone usage by Licensee, including, but not limited to, hook-up, dial tone, and usage charges; (J) Licensee shall handle and be responsible for all security measures concerning the Event, including but not limited to, the box office and ticket sales. 6. Ticketmaster. (a) City, or its designee, shall permit the use of the box office services on September 28, 2002 from 9:00 a.m. until 11:00 p.m. and one (1) Ticketmaster ticketing machine. The City has entered into an exclusive agreement with Ticketmaster-Florida, Inc. which provides that all tickets must be purchased through Ticketmaster. Furthermore, notlfing in this Agreement shall be contrary to any provision in the agreement between the City and Ticketmaster-Florida, if it is determined by a court of competent jurisdiction that any provision of this Agreement is contrary to any provision of the agreement between the City and Ticketmaster-Florida, then the provisions found in the agreement between the City and Ticketmaster-Florida shall govern. (b) In full payment for the ticket services, Licensee agrees to City imposing a three percent (3.0%) charge against ticket proceeds where such proceeds are generated through credit card sales and five cents ($.05) per ticket for ticket stock. Licensee agrees to the City collecting a facility charge as set forth in Exlfibit "A" per ticket sold for the Event. City acknowledges that no other amounts will be charged to Licensee (other than payment of state sales tax) for ticketing for the Event. (e) City shall pay one hundred percent (100%) of all amounts due to Licensee within 48 hours after the City receives a check from Ticketmaster-Florida, Inc. If Licensee fails to hold the Event as scheduled, Licensee shall be responsible to Ticketmaster-Florida, Inc. for all refunds incurred as a result of the cancellation or rescheduling, up to the face amount of the ticket price per ticket purchased and refunded plus any additional credit card fees that may be imposed. 7. Installation of Flooring. The CITY shall provide, at Licensee's option, up to 10,000 square feet of temporary flooring for the Event. Licensee shall be responsible for paying all costs up to and not to exceed three thousand five hundred dollars (US$3,500), plus sales tax, for installation of the 10,000 square feet of flooring. The City shall be responsible for the actual installation of the floor. If more than 10,000 square feet of flooring is required by Licensee, then Licensee shall pay all costs involved in obtaining such additional flooring and for all costs of installation of' the additional flooring and shall be responsible for having the flooring installed. 4 Licensee shall be liable for damage to the courts if such court covering is in place and if the courts are damaged by persons or events that Licensee has a duty to control. 8. Independent Contractor Status. It is understood between the parties that the relationship of City and Licensee is that of an independent contractor. Licensee shall have no authority to employ any person as an employee or agent on behalf of' the City for any purpose. Neither Licensee or any person engaging in any work relating to Licensee's fights and obligations set forth herein at the request of or with the consent (whether actual or implied) of Licensee shall be deemed an employee or agent of' City, nor shall any such person represent himself'to others as an employee or agent of City. Should any person indicate to Licensee or any employee or agent of Licensee, by written or oral communication to Licensee, that the person believes Li/:ensee or an employee or agent of' Licensee to be an employee or agent of City, Licensee shall use its best efforts to correct or cause its employee or agent to correct that belief. 9. Compliance with Licensing Requirements. Licensee, prior to commencement of any activities pursuant to the provisions of this agreement, shall comply with applicable federal, state, county and City requirements, laws, rules and regulations and all licensing requirements and receive all necessary permissions, permits, approvals and licenses which are required to perform the activities of producer and promoter as set forth herein I0. Compliance with Laws. Licensee agrees to comply with all applicable federal, state, county, and local laws and regulations regarding non-discrimination and specifically agrees not to discriminate against any person on the basis of color, race, religion, age, creed, sex, national origin or disability. 11. Concession Rights. The Licensee has the sole and exclusive fight to sell or give away food and beverages and any and all other consumables, and to control the concessions referred to above and to approve the sale or give away of the above. Licensee shall not have the fight and shall not offer for sale or g/ye away any items reserved to Coca-Cola of Florida by Agreement with the City, nor shall this license confer any fights to revenues for public or private parking, except, as provided for in Paragraph 4(d). Licensee, its agents or assigns, shall have the limited right to engage in concessions with regard to merchandise. All concessions must be approved 48 hours in advance of scheduled Event by the City or its designee The City reserves the right to reject the sale of any and all concessions 48 hours before the Event. However, in no event shall the sale of any facsimile of any weapon, silly string, poppers or any similar item be allowed. (This provision may also be enforced by the City Police Department). In addition, Licensee may provide temporary structures at its own expense, for the sale of concession items provided that the size, construction and location of such temporary structures shall not impede the normal and safe flow o_f vehicular and pedestrian.traffic and shall comply with all applicable laws and regulations. In providing the merchandise concession service, Licensee or any person, firm or corporation with whom a contract for such purpose (hereinafter referred as "Concessionaire") shall comply with the following provisions provided, however, that Licensee shall remain ultimately responsible to City for all obligations required of the Concessionaire: (a) Concessionaire shall, prior to commencing any activities, obtain any and all permits and licenses that may be required in connection with the operation of this concession. (b) Concessionaire shall not sell or give away or otherwise dispose of any commodity which in the opinion of the City shall cause undue litter. (c) All food, confections, beverages and refreshments, etc. sold or kept for sale shall be first class and quality, wholesome and pure, and in accordance with Department of Health requirements and shall conform to all federal, state, county and municipal laws, ordinances, rules and regulations in all respects. (d) Concessionaire may, at its expense, furnish additional equipment and fixtures to be utilized in the concession. Concessionaire shall submit plans and sped- fieations concerning fixtures and equipment to City for approval at least one week prior to installation of any items. For the purpose of this agreement, "fixture" shall be defined as anything annexed or affixed to a building or structure or which appears to be so affixed or annexed, regardless of whether it is capable of being removed. (e) The Concessionaire shall provide all maintenance, repair and service required on all equipment used on the concession. (f) Concessionaire shall keep all fixtures, equipment and personal property, whether owned by Concessionaire or City, in a clean and sanitary condition and shall cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so by City. All state .health laws and state health department regulations must be strictly complied with. Ail janitorial services necessary in concession area shall be provided by Concessionaire at Concessionaire's expense. (g) Concessionaire agrees to dispose of all refuse and garbage, in compliance with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to keep outside container areas cleaned at all times. (h) If the concession is operated by a person, firm or corporation other than Licensee, such person, firm or corporation shall at all times maintain workers' compensation insurance coverage for all employees which it employs within the areas and facilities covered by this Agreement, together with the policy or policies of public liability and products liability insurance and provides limits of at least One Million ($1,000,000.00) Dollars for combined single limit coverage; and provide fire legal liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide that they will not be canceled or amended without at least ten (10) days written notice to the Risk Manager of City and shall name City, and its designee, its officers, agents and employees as additional insureds. 12. Event Personnel and Equipment. Licensee shall provide all personnel needed for the Event, including, but not limited to, ticket sellers, ticket takers, ushers, sound technicians and stage hands. Licensee shall be responsible for the installation or removal of any additional staging or sound and/or lighting which is to be utilized for the Event or any other equipment of any type or nature which is needed for the Event. Licensee shall designate a management representative in a timely manner who will coordinate the Event with the City and its designee. Licensee shall be responsible for the cost of all chair rentals that may be required and the cost of all staging, lighting and sound equipment, except as otherwise stated in this Agreement.. Licensee shall be responsible for the cost of all repairs needed to the tennis center when repairs are not the result of normal wear and tear. Licensee and the City's designee shall perform a "walk through" before and at, er the Event. 13. .Police~ Security and Emeroency Personnel. Licensee agrees to make arrangements with the City Police Department and City's designee to provide for City police personnel which the City determines, in its sole discretion, is necessary for the Event. Liceusee shall pay the officers at a rate to be determined by the City based on an analysis of the number of officers available to work the event, the number of officers required by the event and other factors within the sole discretion of the City. Licensee shall, at least thirty (30) days prior to the Event, consult with the Chief of Police or his designee and the City's designee to determine the proper scheduling of security for the Event and the rate that will be applicable for the Event. Also, Licensee shall contact the City Fire Department and the City's designee to make arrangements for Emergency Medical Service personnel to be present at the Event at Licensee's expense. 14. City's Right to Control Premises. City or its designee at all times reserves the right to eject or caused to be ejected from the premises any person or persons violating (or to keep persons from violating) any of the rules or regulations of the Tennis Center or any city, county, state or federal laws, and neither the City, its designee nor of any its officers, agents or employees shall be liable in any manner to Licensee or its officers, agents or employees for any damages which may be sustained by Licensee through the exercise of this right by City or its designee. 7 15. Parking, Sil~na~e and Traffic Control. The City shall provide parking spaces on City owned or controlled property for the Event which the City in its sole discretion determines it can make available without adversely impacting other public parking needs. Licensee shall be responsible for obtaining all additional parking that may be necessary to provide sufficient parking for the Event, including such additional parking as may be necessary in the opinion of the City, in order to ensure adequate parking is provided for the Event. City has a right to parking revenue as determined by Paragraph 4(d), if collected. Licensee may provide onsite signage upon the prior approval of the City, which approval shall not be unreasonably withheld. City shall provide traffic control, barricades and signs, as it deems necessary, in its sole discretion, and Licensee shall pay for the entire cost of providing such traffic control, however, this amount shall not exceed $1500.00. 16. .Insurance. Licensee shall obtain insurance at its own cost and expense of the type, nature, and amount and pursuant to the terms which are set forth on Exhibit "B" which is attached hereto and incorporated herein by reference. The City and its designee shall be named additional insureds on all insurance certificates. 17. Ril~ht to Enter. City and its designee and authorized agents and employees shall have the right to enter upon the subject premises at any and all reasonable times for the purpose of inspection and observation of Licensee's operation to assure that requirements of this agreement are upheld and that no violations of the rules, statutes, ordinances or regulations have occurred or are occurring. Said inspections may be made by persons identified to Licensee as City employees or City designees authorized for such inspection or may be made by independent contractors engaged by City or its designee. Nothing contained herein shall be deemed a waiver of Licensee's obligation to hold the Event as provided in this Agreement. 18. Conclusion of Performance. All performances shall end no later than 11:00 P.M. unless otherwise approved by the City, or its designee. 19. Alterations. Licensee shall not make any alterations, additions or improvements to the Tennis Center or any part thereof without the prior approval of City or its designee. 20. Notice of Defects. Licensee shall report safety deficiencies or any defects it notices on the premises immediately to City's Pdsk Manager and the City's designee and shall cooperate fully with City and its designee in the investigation of accidents incurring on the subject premises. 21. Indemnification. Licensee does hereby release and agree to indemnify, defend, save, and hold harmless the City, its designees, officers, agents and employees from and against all claims, actions, causes of action, demand, judgments, costs, expenses, and all damages of every kind in nature incurred by or on behalf of any corporation, person, or governmental authority, whatsoever predicated upon injury or death of any person or loss over damaged property of whatsoever ownership, or copyright infringement arising out of or connected with, directly or indirectly, Licensee's operation pursuant to the terms of this agreement, whether or not the incident giving rise to the injury, death, loss or damage occurs within or without the premises. 22. Release. Licensee acknowledges and agrees that City, its designee, officers, agents and employees assume no responsibility whatsoever for any property placed in the premises pr'ovided for herein and City, its designee, officers, agents and employees are expressly released and discharged from any and all liability for any loss, injury, damage, theft, vandalism or other wrongful acts or acts of any kind or nature resulting in damage or loss to persons or property which may sustained by Licensee's use of the premises. Licensee further expressly waives any and all claims for compensation for any and all loss or damages sustained by reason of any defects, deficiencies, or impairment of the electrical or sound equipment, water supply, equipment or wires furnished for the premises or by reason of any loss or impairment of light, current, or water supply which may occur from time to time for any cause, or by reason of any loss or damage sustained by Licensee resulting from fire, water, hurricane, tornado, civil commotion, riot, theft or other acts of God, and Licensee hereby expressly waives all right, claims and demands and forever releases and discharges City, its designee, officers, agents and employees from any and all demands, claims, actions and causes of actions arising from any of the causes aforesaid. 23. Taxes. Licensee shall pay any and all taxes levied on the property by reason of Licensee's use thereof pursuant to the provisions of this Agreement and on any personal property and improvements belonging to License located on the premises and all applicable sales, use, rental and other taxes which may be levied against its operation. 24. License~ Fees. (a) Licensee shall pay to City for the rights and privileges granted herein Three Thousand Five Hundred Dollars ($3,500.00) plus state sales tax and all taxes as referenced above for the use of the Tennis Center for the Event. One-half of the payment is due upon Licensee signing this Agreement and the balance is due seventy-two (72) hours before the date and time of the scheduled Event. All payments shall be in the form of a cashiers check. These fees are in addition to any other fees or reimbursements of whatever nature required or provided under this Agreement. The license fees paid by Licensee to City shall be forfeited if the Event is cancelled by Licensee. The City shall reimburse the Licensee the deposited money in the instance where the City might cancel the Agreement prior to the date of the Event. If Licensee fails to pay the required amount within the stated time period, the City may, at its sole discretion, terminate this Agreement or reduce the funds due Licensee from the Ticketmaster sales in the same amount due the City. (b) Licensee shall pay to the City the costs as referred to in Sections 4(e), (o), (p), (q), 7 and 15. These costs shall not to exceed Seven Thousand Seven Hundred and Fil~y Dollars ($7,750.00). Licensee shall pay these costs to the City at least 72 hours prior to the start of the Event. If Licensee fails to pay the required amount within the stated time period, the City may, at its sole discretion, terminate this Agreement or reduce the funds due Licensee from the Ticketmaster sales in the same amount due the City. (c) Licensee shall pay for all police and fire personnel provided by the City for the Event. The City shall provide an estimate of the cost to Licensee and Licensee shall pay one half of the estimated cost to the City at least 72 hours prior to the start of the Event. Licensee shall pay the remaining half of the estimated cost to the City within 48 hours of the conclusion of the Event. Within 5 business days of receiving the final bill from the City for such services Licensee shall pay any remaining balance to the City or the City shall refund any amount that was paid over the final cost. If Licensee fails to pay the required amount within the stated time period, the City may, at its sole discretion, terminate this Agreement or reduce the funds due Licensee from the Ticketmaster sales in the same amount due the City. (d) Licensee shall pay the facility charge as provided in Paragraph 6(b) and set forth in Exhibit "A", within 48 hours of the conclusion of the Event. If Licensee fails to pay the required amount within the stated time period, the City may, at its sole discretion, terminate this Agreement or reduce the funds due Licensee from the Ticketmaster sales in the same amount due the City. 25. Tennis Center Capacity and Complimentary Tickets, Licensee shall not admit to the Tennis Center a larger number of persons than the approved capacity it will safely accommodate. City shall receive thirty (30) admission tickets at no charge. The location of the tlfirty (30) ticketed seats shall be mutually agreed upon and the tickets shall be received by the City prior to the public sale date. 26. Advertising Revenue. Licensee shall be entitled to retain all advertising and sponsorship revenues generated by advertisers or sponsors of the Event promoted by Liceusee at the Tennis Center; provided~ however that the City and its designee, jointly with Licensee, shall have the right to approve all advertising and its location. 27. Failure to Pay. Other than the payments referred to in Paragraph 24 which are to be paid as provided in Paragraph 24, if Licensee neglects to make any other payments to City within ten (I0) business days after the day on which the payment is due and owing, Licensee shall pay to Cit); for such privilege, an additional charge of Twenty-Five ($25.00) Dollars per day for each day's delay in payment, retroactive to and beginning with the first day of the delinquency or the City may assess interest at 12% wlfichever is greater. City's right to assess the penalties for payment made later than the day upon which payment is due and to keep all deposits in the event of cancellation, shall be in addition to its right to terminate the license and its rights to seek all other damages and compensation as permitted by law, upon written notice. 28. Accountiug and Right to Audit. Licensee shall provide a complete accounting of all revenues that the City has rights to receive a portion of, in conjunction with the Event, in accordance with generally accepted accounting principals, when payment is tendered to the City. City shall have the right to audit and review Licensee's financial records as they relate to or pertain to the Event. 29. Waiver of Breach. Neither the waiver by City or its designee of any breach of the Agreement, condition or provision of tiffs Agreement or the failure of City or its designee to seek redress for violation of or to insist upon strict performance of, any agreement, condition or provision, shall be considered a waiver of the Agreement, condition or provision, or any subsequent breacA~ of axLT A~, condition or provision. No prqvision of this Agreement may be waived except by written agreement signed by the City and Licensee. 30. Deposit. Licensee shall deposit with the City some form ?f security acceptable to the City, in its sole discretion, to cover the cost of refunding tickets for Events. The security shall be a certified or cashi~'s- check payabl~ to City or a bond executed~ by a surety or sureties approved by City, naming City as principal and City as obligee, or other security acceptable to l! the City. The security shall be conditioned upon the faithful performance by Licensee of all of the terms of this Agreement and may also be used to refund ticket sales for the event which did not occur, and such portion as may be due shall be returned to Licensee at the termination of this Agreement, so long as Licensee was not responsible for damages to the Tennis Center, normal wear and tear excepted. Such security shall be due 30 days prior to the start of the Event. 31. Controlling Law. This agreement shall be deemed to be made and shall be in accordance with the laws of the State of Florida which will be controlling in any dispute that arises pursuant to this Agreement. 32. En. tire Agreement. This Agreement constitutes the entire agreement between City and Licensee and may not be altered, amended, or modified except by an instrument in writing sigi~ed by the parties to the agreement with all the same formalities as this agreement. 33. Force Maieure~ Strikes and Unavoidable Causes. City shall not be responsible for its failure to make the premises available or to provide the facilities and services described herein, where such performance is rendered impossible and impractical due to strikes, walk-outs, acts of God, inability to obtain labor, materials or services, government restriction (other than City), enemy action, civil commotion, fire, unavoidable casualty, utility disruptions or blackouts, or similar causes or any other causes beyond the control of City. 34. Sublicense and Assignment. Licensee shall not sublicense the subject premises or any part thereof or allow the same to be used or occupied by any person or for any other use than that herein specified, nor assign said Agreement nor transfer, assign or in any manner convey any of the rights or privileges herein granted without the written consent of City. Neither this Agreement nor the rights herein granted shall be assignable or transferable by any process or proceeding in any court, or by attachment, execution, proceedings, insolvency, or bankruptcy either voluntary or involuntary or receivership proceedings. 35. Notice. Any notice or communication under this agreement shall be in writing and may be given by registered or certified mail. If' given by registered or certified mail, the notice or communication shall be deemed to have been given and received when deposited in the United States Mail, properly addressed, with postage prepaid. If given otherwise, than by registered or certified mail, it should be deemed to have been given when delivered to and received by the party to whom it is addressed. The notices and communication shall be given to the particular parties at the following addresses: City: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Licensee: BAKA Enterprises, LLC _ 4815 Busch Blvd. Suite 201-E Tampa, FL 33617 Either party may at any time by giving ten (10) days written notice designate any other person or entity or any other address in substitution of the foregoing to which the notice or communication shall be given. 36. City's Name/Lo~,o The City shall have its name/logo included in all print, radio, and television advertising created by Licensee to promote the Event. 37. Subtitles and Captions. Paragraph headings are for reference purposes only and in the event that such paragraph headings conflict with any of the substantive paragraphs of this Agreement, the paragraph headings shall be disregarded. 38. City's Designee. For the purpose of this Agreement, the City's designee shall be JCD Sports Group, Inc. or its designee, unless the City notifies Licensee to the contrary. 39. This Agreement is not effective until signed by the City Manager. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officials on the day and year first above written. ATTEST: By: City Clerk Approved as to Form: By: City Attorney WITNESSES: (Name printed or typed) CITY OF DELRAY BEACH, FLORIDA By: David Harden, City Manager LICENSEE By:, (Name printed or typed) Fein No. (Name printed or typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me tiffs day of ,200__, by ., as (name of oflqcer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped EXHIBIT "A" Facility Charge (Ticketmaster) Charge per ticket as follows: Ticket Price Charge $10 & under $ .50 $11 - $15 $1.00 $16 & over $1.50 15 EXHIBIT B Initials INSURANCE REQUIREMENTS OF TIlE CITY OF DELRAY BEACII FOR AGREEMENT WITH BAICA ENTERPRISES~ LLC. BAKA ENTERPRISES LLC. CBEL") shall not commence operations under the terms of this Agreement until certification or proof of' insurance, detailing terms and provisions of coverage, has been received and approved by the City of Delray Beach Risk Manager. If you lmve any questions call (561) 243-7150. The following insurance coverage shall be required. Worker's Co~npensation Insurance covering all employees and providing benefits as required by Florida Statute 440 and including Employers Liability coverage, regardless of the size of your firm. BEL further agrees to be responsible for .employment, control and conduct of its employees and for any injury sustained by such employees in the course and scope of their employment. Comprehensive cmnmercial general liability insurance to include coverage for premises and operations, independent coutractors, broad form contractual liability, personal injury, and if ite~ns are sold, products and/or liquor liability, in connection with the contractual relationship and activities being done under this agreement. The policy will be endorsed Io include the City of Delray Beach and it's designees named as additional insureds. The insurance will be written on an occurrence basis with the linfits of liability not less than $2,000,000.00 cmnbined single limit per occurrence, and as an annual aggregate, covering bodily injury, property datnage and personal injury. Co Motor Vehicle Liability Insurance covering all vehicles associated with BEL operations to include all owned, non-owned and hired vehicles. The coverage will be written on au occurrence basis with lilnits of liability not less than $1,000,000.00 combined single limit per each occurrence. The certification or proof of insurance must contain a provision for notification to the City thirty (30) days in advance of any material change in coverage, non- renewal or cancellation. BEL shall furnish to the City, Certificate(s) of Insurance evidencing insurance required by the provisions set forth above, thirty (30) days prior to the holding of the event. If so requested by the City, certified copies of insurance policies will be provided by BEL. If any of the above coverages expire during the term of this ag}cement, BEL will provide a renewal certificate at least ten (10) days prior to expiration. Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. I't Avenue, Delray Beach, Florida 33444. DELRA¥ BEACH NI-AmedcaCity 1993 2001 TO: RER£H 100 N~W 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 MEMORANDUM David T. Harden City Manager FROM: 1~ Robert A. Barcinski Assistant City Manager DATE: SUBJECT: August 1, 2002 A~enda Item~ City Commission Meeting August 6~ 2002 Selection Golf Course Architect ACTION City Commission is requested to authorize staff to proceed with contract negotiations with Ward Northrup to provide architectural services for improvements needed at the Municipal Golf Course. BACKGROUND Staff has been concerned for sometime about the condition of the greens and the irrigation system at the Municipal Golf Course. We felt that the services of a golf course architect were needed to review the condition of the greens and irrigation system and make alternative recommendations concerning repair/replacement options. In addition, we are required by agreement with the Lake Worth Drainage District to remove a portion of the first tee and portion of the employee parking lot that are within the district right of way. The scope of work to be performed by the firm selected will be to review conditions of greens and the irrigation system, prepare alternative recommendations, prepare cost estimates, prepare the design, prepare and review bid specifications and provide construction management services. Per the attached memorandum from Rich Olson a request for proposals was advertised and three firms submitted proposals and were interviewed and rated by the review team. If staff's recommendation is approved, we will proceed to negotiate a contract which would be brought back to Commission for approval. We would need to be in a position to bid the work by December in order to secure contractors to complete the renovation next summer. Proceeding with the construction work will be contingent on funding availability. Pnnted on Recycled Paper THE EFFORT ALWAYS MATTERS To: From: PUBLIC WORKS MEMORANDUM Robert Barcinski, Assistant City Manager Rich Olson, Interim Deputy Director Public Works~]nff~ Date: September 26, 2002 Re.' Request for Qualification for Architectural Service for the Delray Beach Municipal Golf Course Greens (RFQ#2002-28) A request for qualification for architectural services for the Delray Beach Municipal Golf Course Green (RFQ# 2002-28) was advertised on June 4, 2002. On July 10, 2002 the City received three (3) proposals. The golf course architect will be responsible for providing architectural service, which consists of renovation of all greens, relocation of the first tee and the employee parking lot. The architect will review the existing irrigation system and make recommendations for improvement, which will allow the City to decrease the total hours we irrigate the golf course. The architect will prepare construction documents and aid in the bidding and negotiation process with the selected bidder. Finally the architect will oversee the construction of the improvements. A review committee and evaluation committee were established consisting of Sharon Painter, Marybeth Birskj, Tom Gynn, Tom Arendt, and myself. The committee members reviewed the proposals individually and conducted interviews with each of the firms submitting proposals between July 15th and 18th. Firms were evaluated per the request for qualification based on the following criteria on a scale of 1 to 5, with 5 being the .highest grade. Experience and Qualifications 15% Experience of Staff (onsite performance) Approach to Project Availability to keep Schedule References 20% 30% 30% 5% The final group ranking of the firms was as follows: Ward Northrup Sanford Golf Design Litten/Viola J.V. Golf Course Designers 23.6 20.55 19.55 A summary of the evaluation form is attached. All three (3) of the firms who submitted proposals are capable of performing the work. All are located in Palm Beach County. -An overall summary of a consensus view of each firm is as follows: Ward Northrup Mr. Northrop has over 40 years of golf course design experience. He is a sole practitioner and would be the primary point of contact during the design and construction. Mr. Northrop was the Delray Beach Municipal Golf Course superintendent a number of years ago. Mr. Northrup has been involved over the years with several improvement projects at the course. He had the greatest knowledge of the course. He was familiar with the irrigation problem we are experiencing and many of the issues. Similar projects he has been involved in include: Southwinds Golf Course, Boca Raton, West Palm Beach County Club, West Palm Beach, The County Club of Naples, Naples, Florida, San Carlos Golf Club, Ft. Myers, Florida, to name a few. Several members of the review committee had worked with Mr. Northup in the past and were happy with his performance. Sanford Golf Design The principal of the firm is Mr. John Sandord who has over 20 years of land planning and golf course design experience. His firm is located in Jupiter and presently employs seven (7) people. Notable courses he has designed or redesigned include: The Links at Maddison Green, Royal Palm Beach, Florida, Atlantis Golf Club, Atlantis, Florida, Breaker West Country Club, Royal Palm Beach, and Walmen Golf Club, Kameula, Hawaii. Accompanying Mr. Sanford was Mr. Mike Pignato, who is an irrigation contractor and would be a member of the design team. All members of the review committee were impressed with his approach to the project. Mr. Sanford has several projects in the design stages at this time, which are scheduled for construction during the same time as ours. The committee questions if he would be able to devote the time to our project. Litten/Viola J.V. Golf Course Designers This firm consists of two (2) principals Lorrie Viola the president who resides in Boynton Beach and Karl Litten. Ms. Viola would be the project manager on our project. Mr. Litten had previously done some minor redesign work at the municipal course in the early 90's. The committee had concerns when they asked her how often she would be on the job site and she said once every two weeks, while the other firms interviewed said weekly. Notable courses that the firm has been involved in include: Aberdeen Golf and Country Club, Boynton Beach, Florida, Granada Golf Course, Coral Gables, Florida, Boca Woods, Boca Raton, Florida, The Polo Club, Boca Raton, Florida, Wycliff Golf and Country Club, Lake Worth, Florida. Experience Experience Approach Availability References Total and of Staff- to Project To keep Score Qualifications onsite Schedule performance Ward 24 x .15 19 x .20 25 x .30 25 x .30 24 x .05 23.6 ~.Northrup 3.6 3.8 7.5 7.5 1.2 Sanford 21 x .15 24 x .20 20 x .30 18 x .30 24 x .05 20.55 3.15 4.8 6.0 5.4 1.2 L.V. Golf 17 x .15 20 x .20 17 x .30 21 x .30 24 x .05 19.15 2.55 4.0 5.1 6.3 1.2 memo/rfc2002-28 doc Merllo To: Fron~ Date: Re: David Harden, City Manager Lula Butler, Community Improvement Director July 31,2002 Request for Release of Lien ITEM BEFORE THE COMMISSION: City Commission consideration of a request from Martha Osborne to reduce liens recorded against property she owns in the 100 block of Northwest Eleventh Avenue. BACKGROUND: Ms. Osborne acquired a vacant lot in April 1997 by purchasing a tax deed from Palm Beach County. The City had previously filed liens against the property for demohbon of an unsafe structure and a nuisance abatement, both of which occurred in 1991. As of today, the total amount due, including interest, is $2802. Ms. Osborne is requesbng consideration to reduce the liens. The City's out of pocket cost is approximately $1552. RECOMMENDATION: Staff is recommending that the City Commission consider the request to accept payment of out of pocket costs. LB:mh Martha Osborne 134 SW 9th Ave #2 Delray Beach, Fla. 33444 Mrs. L. Butler City of Delray Beach Ref: Property West/Rear of 106 NW 1 lth Mrs. Butler you met with me last year in reference to a bill I received on the piece of property stated above. The bill consists of accumulated interest, demolition of a building and clean up. Per our conversation you were going to present it to the board to see if they could assist me in any way. Could you please inform me if there is any thing I can do to lower the bill other than paying the bill in full. You may leave a message with my mother Shirley Quince during the day at 276-0191 or after 5:00 at 274-4246. Or at the above address by mail. RECEIVED APR 0 5 2002 COMM. IMP. ADMIN, [lTV JIF I]ELIII:IV BEI:I[H DELRAY BEACH 10q3 Ms. Martha Osborne 106 Northwest Eleventh Avenue Dekay Beach, Florida 33444 100 N W 1st AVENUE August 8, 2001 OELRAY BEACH. FLORIDA 33444 561,'243-7000 Dear Ms. Osborne: In the last few days, we have received several ~nquiries concerning property you own on Northwest Eleventh Avenue. I did some further research on the matters brought up by the person at your residence to whom I spoke on August 7, 2001. The person I spoke to smd you were not available at the time. 1. Billing statements on the property were not received by you until recently. We determined that you acquired the property, in question, in April 1997 by purchasing a Tax Deed from Palm Beach County Because the City does not maintain ownership records, we only recently learned of your acquisition. All property ownership records are maintained by Palm Beach County, not the City. When we determined that the ownership of subject property changed from Willie Quince to you, we reported the change to the Finance Department so that bilhng records could be adjusted. 2. The building on the property formerly owned by Mr. Quince was demolished two days too early. Our records indicated that a Notice of Demolition was mailed to Mr. Quince in early September 1991 advising that the structure would be demolished "on or soon after" September 18, 1991. In fact, the structure was demolished on October 30 or October 31, 1991, some 43 or 44 days after the earliest date that demolition could have occurred. Mr. Quince was aware of the demolition. In fact, there ~s a notation in our files that he was in our office with the Unsafe Nouces and that he intended to repair the structure. Since the plans he submitted for repatr were not acceptable, he then asked for a payment schedule to pay offthe demolition costs. As noted above, Palm Beach County records indxcate that you acquired Mr. Quince's former property in April 1997 for $1380 via a Tax Deed. Tax Deeds are issued on properties for which property taxes remain unpaid. Conveyances to private parties via tax deeds do not cancel municipal hens. When you bought the Tax Deed, unforUmately, you also became responsible for municipal liens filed against the property. There have been many other cases where parUes acquire properties via Tax Deeds only to learn later about municipal liens. If you have any further questions on this matter, please call 243-7219 so my secretary can arrange a meeting. In any event, I hope this material is helpful to you and answers your questions. Code Enforcement Administrator F~nted o~ Recycled Pa~er THE EFFORT ALWAYS MATTERS Martha Osborne Northwest Eleventh Avenue Building Demolished 10-29-91 1991 Vendor Cost Administrative Cost Interest Balance Nuisance Abatement 1991 Vendor Cost Administrative Cost Recording Interest Balance Grand Total $1,344.00 134.40 933.70 $2,412.10 $ 208.00 15.00 2.35 125.50 $35O.85 $2r762,95 Note: policy - tax deed purchase MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM # ~[ ~ REGULAR MEETING OF AUGUST 6, 2002 RATIFICATION OF APPOINTMENT TO THE PARKING DATE: MANAGEMENT ADVISORY BOARD AUGUST 2, 2002 The term for Frank Wheat, representative for the Downtown Development Authority expired on August 1, 2002. Mr. Wheat is not eligible for reappointment. Please see the attached letter from Marjorie Ferrer, Downtown Coordinator, whereas Mr. Richard Sherementa was unanimously appointed to serve as the Downtown Development Authority liaison to the Parking Management Advisory Board for a two year term ending August 1, 2004. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA) as well as all public parking areas located along State Road AIA within the corporate limits of the City. Recommend City Commission approve and ratify the appointment of Mr. Sheremeta, representative for the Downtown Development Authority for a two year term ending August 1, 2004. Board commission memo PM_AB 08-06-02 ~37/__/ 56127,S~555 I',B CHAMt~ER COMMEP-CE PAGE DOWNTOWN DEVELOPMENT AUTH( RITY City Of Delray Bea.~h, Florida July 18. 2002 Mr. David T. Harden, City Manager City of Delray Beach 100 N.W. 1~ Avenue Delray Beach, FL 3~..~.~ Dear Mr. Harden: This is to advise that the Downtown Development Autho'ity at its Board meeting of July 17, 2002 unanimously appointed Richard Sheremeta- to serve as the Downtown3 Development Authority liaison to the Parking Manageme~t Advisory Board. Sincerely, MARJORIE FERRER Downtown Coordinator CC; City Clerk Robert Barcinski Scott Aronson DDA Board /sk 64-A S.E. Fifth Avenue, Defray Beach, Florida 33483 · (56J) 278-0424 · Fax (561) 278-0555 A Florida Main Street Comm~nity www. delraybeachviJlagebythese,,~.com MEMORANDUM TO. FRO1V~ SUBJECT: MAYOR AND CITY ODMMISSIONERS CITY MANAGER~ AGENDA ITEM C~ -REGULAR MEETING OF AUGUST 6, 2002 APPOIN'12vlENTS TO THE BOARD OF ADJUSTMENT DATE: August 2, 2002 The terms for JayLittle and Stanley Warshaw will expire on August 31, 2002. Mr. Little has completed one full term; Mr. Warshaw has fulfilled an unexpired term. Both are eligible and would like to be considered for reappointmem. Jillian Woehlkens was appointed to the Plarming and Zoning Board creating a vacancy for a two year term ending August 31, 2004. Mr. Samuel Resnick and Mr. Gary Rosen are both alternates and would like to be considered as a reg-hr member. To qualify for appointment, a person shall be either a residem of or own property in the city, md/or own a business within the city. The following have submitted applications for consideration: George Brewer Michael Eisenrod JayLittle Suzanne Page Samuel Resnick Ben Ricker GaryRosen Stanley Warshaw (also applying for Board of Consmacfion Appeals) (term ending on Board of Construction Appeals 08/31/02 - not eligible for reappointment) (incumbent) (also applying for Board of Construction Appeals and Code Enforcement) (currently an alternate - appointed 04/16/02) (currently an altemate- appointed 02/05/02) (incumbent) A check for code violatiom and/or municipal liem was conducted. Voter registration verification was completed and all are registered with the exception of Mr. George Brewer due to him not responding to an address correction notice. Based on the rotation system, the appointments will be made by Commissioner Perlman (Seat # 1), Commissioner Archer (Seat # 2) and Commissioner Lemon (Seat # 3). Recommend appointment of three (3) regular members to the Board of Adjustment for a term ending August 31, 2004. 0~. 17,'02 ~ON 1~:3~ FAX 581 CITY OF DEL~Y BEACH BOARD MEMBER APPLICATION 2~1 · ~RD IVI~MB~R &PPI. I¢~TION 1993 2001 5. Home Phone: Bu~ess Phone: ~M~ Ad~: C~ Ph~ 8. ~ ~ ~iB'~o~d,~ F~l'ou ~ ~y s~ or have ~i~,~ed:/~le~:~ d~ ~ / ~ t Nora: ~ application viii r~r~dn on tl~ i~ Ge Cit~ Cl~rk's Offi~ fm· p~~r]L/~ submined. It will be the zppllcsn~'s zespo~n'bili~ m ~s~ that · c~m'~st sppli~/io~'~"on file. JUN CITY 'CLERK BOARD MEMBER APPLICATION 1~J3 ~. s~, A~¢,,: ' sm~ zip Co~ ' 3. L~I l~,e, idenc~: ~ S~e ~p Code .i . - , ............... 9. Ed~u~d q~fic~6ous~ ............ ~ ~~~ - ~,_ _ I1. G~ve y~pr~ent, os ~st ~cca~ ~,cr, ~ ~Si~OG~ L ,~ il. , ~°te:~ ~s~ph~on w~ z~ on ~e m ~e O~ O~k ~'Office'f~ t p~ of 2 y~s from ~e di{~ h'm'as ' DELIL~Y B ,F.A,C ~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 Please type or print thc followir~ in£onnation: Home Ad&ess: ,. State Zip Code 3. Legal~esidence: City __ State Zi]? Code 4. Principal Business Ad,ess: City State~ Zip Code 5, Home Phone: 6. Are you a regis~'ffxed voter? X/~ - so where · you re 'stet d? 4.WhatBoard(s/a~e you interested in serving~ Please list in order of preference: 8. List all City Boards on which you are currently serving or have previously served: (Please include dates) 11. Give your pres. ent, °t most recent employe~, and position: ~eby ~~t~ the above s~a~emcnts ar~d'u~,~d ! ~gt'ee ~d understand that~y misst~teme~ ~m. ate~l fa~ ~e~i~l~li~tion m~y c~use forfeiture upon my pm of'~ny ~ppoinurgent !.may receive. ~'fimitted. It ~ be the applicant'sresponsibility to ensure that a curre, nt aJ~l~licafion is on file, GITY GLERK .- ' ' '" " ' FL ' :-. '-."-- -- -: '- '::::J .... BoCA ~o~ so,~. R"~°"' · Economist planner- -' - ' .... , ".:':.: . ... . .- .... piannin~ ' ---:- -: -' GomPmhens~ve - ' : , . "" planning - '. -Strategic ,'-' .. -- ' - "Grant Writing ..... ~. ':..,', ., - , . . :.-, .:, ., , ,.. ,'., ,~.,'-~ " ' ' West ' "' ·-co,Sut:T^"~ ' .... "' ..... "' '~' '"' ':' '" matiO arid ' . ..... - ' · ; - ~nte na~ Dome. . .~: :' .":- Oi=' ",. -',-.:,.. · -'. " .~. ~'. . -.:-: ::,....' .'. ' ':-.: ':':.~::-'-. :' :'.. ':'? ""-:' :'..: ':."'. :' ! ';':':-r " ":-."::: ': .... '' '· ACADEMIC CREDENTIALS :'~':*''' -"'-'-':,*~ ..... ... *:- - -' ,., '"':-,: ',:.,--, :' --' . .,:: P.h.D., Economics, Unive~sity of IllinoiS, '-: .';.', ::- }':':;- :.-' . -- , ::,. ~ - : *-'"- ' -;'";.'-' ;. "-" -, .':~:, '" ' - :'" : ": :i .- '-:',: i-;:{ .':~'-'~."-:.i-;-: :-' :':':',:~ :'' ':'":', .:'.. '::. '~ ':"' "'"; :':.~ " " " : ,- n mem"cO:O-:-:-'CS' ' ..... * ....... "* ****,~. - . *'"* , . : - -: :"...., . - ,. . - -. . : .~,.:... .,::,. :,.* :,-" ; '~ ..-.- Monet, aryTheory~.~:.- ..,: --~ . ..... .... -..: :.......,, ...... ~ . .. , ' -*'. :~':.-IntemationalEconomics -'::'-*" .... *'' * ' .... :'* ' ........ ' :~i ': corp a e .'. , :-'. :.. orate Fin nc , ....; ,. .-., 'l. nvestments. Analysis',. _ _ ..... ,- ,._~ '- , :-, .,, ...:'. ,.'---, ...... . ·, - -":. - . ....: Dissertation ". TIUe:' .~lnflati0n, ExChange .-Rates, '-and Foreign 'Direct" ' ' ": '".'. '" Investment" .:.·'; ... _, - *' ' .,.-- ..-- '< -.'-'----', :-, .... ': ,:~ . -. .* ,. .-, ...~ ,. , ,.' - - .: . · . .- :'. . · .., : . ..-',:' . -~ '.. ~ - . , ;. ,.-' _ uoctorm Testing ~mms: ;: :.-., -.. Economet ics ,- ~ · ' Monetary Theory "' . .:. : . r : .: .- · ,., -. ,: - . ~ : - :.,'.,, :-, ..:' :. .: ~ , .. -..,:-- - ,.. '.'..',_ ~ ' .. ,-~.~ · ' ' Master Of Science, Economics, Unlveril~'0f illinois , .. Microec0nomic -r~,,, ,,, . . '- . .. ~;--.-'. , _ .--' ..~o., -. : . -,, , . --- , - · .. .. ':.-,/.-! ". ,- ' MacroeconomicTheory . -,-,. ". .-- ,.. .... ..,..: - . -: - . · .; · .: : ' , ,, ~ · . . '' .' _ '- . .. . . . ~. ' ce BUsiness Admi ist ,tion; Uni Sity Alabam'a ' ' ' ~" ' : Bachelor of $clen n r ver of -- -" .... . ..: ;'-:' -...., -. . .. - _..:.-. ';'?-. ',.. . : · "-' ,-, uo~,a~*er---'"",~ ~,.==. u=n"'"~"~n- Minor ' ': : '-- ..... .- - ,~ . -...; .. ., . . .' ...-:~ .... · .-'.::..-:.. ... - '. : American Instit~s of Certified Pliqners {AICp) - # 85013; 7 yea.m e~eri~nce ...' . . as Economist Planner with the City of 'Boca Retch '(5 'years iequired) and 6- . dy pdo passi g .... ,,. ' '- . : month~ intensive stu r to n a national exam .' ~ . :.. .,:~:. ~- --~ Gold Coast'sChool'of Real Estate-:63 hours inter{$ive cl~'ssmor~ ~tudyi'40 rn) " . -: . ;.· ,... -. hodrs intensive field study (Real Estate Pr0gm .... ... :: -::' - '~ :,: ;-' ' - ' '" ' .... :' ' ' '""" : '"' '"~':"""'": " ";'i::' dy'i ' ' G t P al'sob i; i"C: z ~4. ho rs in't~ e:'ci~, 0 " ' old Coas rofession co : u nsi~} ssr om stu · ·study (Mortgage Broker Program) '. ,,:': --.:'-' ':-"" ~" ~'.- .. .. · ." ,~ 15 hours intensive f'~ld .- : . :. ~: ~ - ,~ '.' .. - ., -.:.- .. .. . ..,:,..,-. .... , ._-~_: ., .=..,:::. · ..... . .- ::..:.: ..... :'~. "Real Estate Fast Track -- 54 'hours Intensive classroom study; 54 'hours ':- ..;:-:;--- ..~ ,' :... -.~, . . ':, .,.,! ~, ". .~ · '.,. ,. · intensive field study. :~., ._ . -,.:.-. - . --. , ':.-. - -- .' . - , _.. , .. . -,. : .... : . . ., -.. :. _ -- .-.:.., .:.' -:';....,_,.:. ',. .- :-.:'..:,.::',. .. :,:.:. :.. '' :,:,:. "' ' .'.',: ;;-:"- -Flea I E s t~te" usfl n g I~aSt;~;-~. 3:0 'ho~rs i:nte~$iV;" ~la~.sr."O0~ :~ u dyi :3o.· .hera. r $ "'-- .. · ' :-. . :.-: Intensive field study .'.i ~.: :..L"-.. "-·'.'..¢:-:..;-,:.-.:. :::'j.-:.:,: ::..:'..-:-' .::. .':... -.. - ..'" ',:".' Real ' E~tate.-. Commercial .' Transactions,,. -':.-'.-' In,vestment: - Analysis_ ,-. 0f.,. '~he ... '" .,"' :.:.,.,~.'::...._ :'.' :: :": Commercial Transaction - 4 hours .- .'~ -, --..' '.: 2' :..';:'" .:'.- · :.' :' ."'::':.':': ",' .... ',-::-..:-:-. .'-:.: "'~' "' ' ' "'~" "; -'" "%"'~: ' -": '' :' 'K"" " :- ~' ''~ -- :' ,·--. .... .. '..''-.''- .."..-.'. ' ,- · ,- ...: . : ~'.' .. ._- .'... '-...-.,- .' ....' · . .... .' . . .... ': _-'.:..."- ...... , CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 Please t3~e or p=int the following infon~tion: 1. L~st 2, Home Address: 3. Legal Residence: 4. Pz/ncipal Business Address: N~ne City ~ City State State State .{ M.I. [ Zip Code _ Zip Code Zip Code 6. Are you a re~stered voter? If so, wh~e =e you =e~stered? ~ 7. ~at B~d(s) ~e you mt~ested ~ se~,mg? Pl~se ~st ~ order of ~eference: ' . ~st ~ Ci~' Bo~ds on w~h you ~e ~endy se~g or have pr~'iously s~ed: ~lease ~lude ~tes) 9. Educational qualifications: : 10. list}ny zela~ed professionil certifications and licenses which you hold: 11. Gh~ yompresent, oz most ~:ecent employer, and osition.. ..~ 12. Descgbe [xp~ences, s~s o~ ~owle~e~ qu~ you to s~e on ~s bo~d: &l~ase amcha bfiefres~e) ~ - - I - ' ~ i I hereby certify that all the above statements are tree, and I agree ~nd understan8 that any misstatement 6f material facts con~licatio~ forfeiture upon my part of any appointment I may receive. SI~'NA'~'[IRE, ~ DATE -- Note: This application will remain on file in the City Clerk's Office for a period of ~~~}e it was submitted. It will be the applicant's ~esponsibility to ensure that a current application is on file. MAR CITY CLERK Samuel Resnick 2835 SW 13th Street Defray Beach, Fl. 33445 Phg 561.330.8419 Resume of Samuel Resaick 1. Education a) Graduated from City College of New York in Aug. 1949 with a Bachelor of Civil Enginering Degree. b) Completed various courses in Building Code Administration and code analysis. Theses courses were given by Building Officials and Code Administrators, International. (BOCA) 2. Licensing a) Retired professional engineering liceases- Florida, Connecticut, New York, New Jersey, and Vermont. b) Retired registered architectural licenses- Florida, Connecticut, New York, Mass., Vermont, Delaware, Penn~lvania, and the National Council ", Architectural Review Board. c) Certified as Chief Building Official by State of Connecticut in 1979. 3. Organizations a) Was member of State of Connecticut Codes and Standords Committee from 1982 to .June 1987. b) Adjunct Assistant Professor in Civil En~neering Technology at Norwalk State Technical College. c) Member of the construction panel of The American Arbitration Association. d) Member of the Palm Beach County Board of Education oversight committee on school construction from 1995 to 1996. 4. Experience a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwallq Ct. See attached letter. b) August 1986 to Oct. 1991- Private practice as Architect-Engineer. c) March 1978 to August 1986- Director of Code Enforcement and Chief Building Official. d) June 1957 to March 1978- Private practice as Architect-Engineer. e) From 1939 to 1957- (except for two years in U.S. Navy and three years in en~nering school) worked for various architectural and engineerin[ firm~. OFFICE OF THE MAYOR FRANK J, ESPOSITO, MAYOR 1. 'Analyzed the operation 'a~sist~d the Dire=tot interpretations. February 21, 1995 To ~hom It May Concern= This letter is by-way of introduction to a ~ fine architect-engineer from Norwalk, Connecticut, Samuel Resnick. Sam retired from ~he City in 1986 &fter S year~ of ~v~e as the Director of the department cE Code Enforcement. In 1991 he was hired back to the Code Enforcement off[ce as a consultant for 3 1/2 years. (october 1, 1991 1:o March- 1~ -1995~-) -- During this "t[~, Sala's '-'duties, in addil~ton - 1:o ~ing ~9- consultant, were as follows: of the Department of Code Enforcement and of Code ' Enforcement in Building Code 2. City Coordinator for the American'with Disability Act (ADA). Surveyed all city buildings, including schools, for oo~pliance with ADA. -Also, prepared the Transition Plans Sharing methods and costs to comply with 3. Mayor's Liaison Ho the Norwalk S~hool Building Co~mittee wherein alt' committee meetings were attended. 4. C[tF representative for the construction of the Concert Hall at Hall and repair of water damage at Rowayton School. B. Code an~ cost analysis of ~arious s~hool alterations and addition work. · Sam ~s l~censed in Connect~t, ~New York and Florida as a registered architect, and ~n Cor~necti~ut, New York, New Jersey and Florida as professional field and the citY. · Sam has been an asset to Norwalk. We are sorry to see him leave but.we wi?h him well ~n his new ho~e state of Florida. It is with pride that I gLve this letter of recommendation to a nan Of Sam's caliber.' any organization with who~ he becomes associated. - HAYOR. He will be an asset to POST OFFICE BOX $1~- 125 EAST AVENUE NORWALK, CT 0685~S12S · TELEPHONE 203~l~i4-T'/0't March 21,2002 Karin Schell City Clerk's Office City of Delray Beach 100 NW 1st Ave. Delray Beach, FI.33444 Dear Ms. Schell Samuel Resnick 2835 SWl3th Street Delray Beach, Fl. 33445 Ph# 561.330.8419 As per our phone conversation of to-day, I am submitting this letter. When I retired and moved to South Florida in 1995, I volunteered to the City of Delray Beach for any commission or committee that could use my background. Unfortunately, I was not living in the city proper and could not serve. I have recently moved to Pines of Delray West, at the above address,- ~ which is in the city proper. I am again requesting to be considered for any commission or committee. Enclosed please find my resume and. a letter from the Mayor of Norwalk, Ct. Hoping to hear from your office. NI-America Cily BOARD Ml=MB£R APPLICATION 1993 2001 2. Home Ad&ess: z~' City . state zipt~'-~'Code 3.' I,e~ ~esidencc: ' ~ ' ' ' ~ .... / u ~"~" State 2ip Code- ~. Pr~dpfl BusineSs Ad,es's: '" ~ S~te Zip Code ~ S. Home Phone: B~ess Phon~ E-M~ Ad&ess: C~ Phone: F~: 6. Arc you a re~t~c~ v~ter? ' If so, where ~e you te~ste~d~ 7. ~t~o~d(s) ~re you ~t~ested ~ s~P Pl~sc ~t in order ofprefer~ce: 10. ~st any ~ehted p~ofes~on~ c~cadons' and hcenses w~ / ' - I ~/-~ ~ '/ ' ' ' I gczcb~ ce~ ~at alVthe abov~ s~tcmcn~ ~e' ~ ~nd I ~ee ~d unde~d '~at ~y~smte~nt of material fac~ ~6~,~ ~ - RECEIVED ,, 7 Note: This a?p~icatioa will x'~raa~ on ~, in ~~b~c, fo~ a p~od of 2 y~, ~om ~c date it was RTW COM,,V ' ,vc. MANJ~E~ ~NARS ~ BY AM~ICAN MAN~GE~TI' ~ 1987-~ ~T~ I~SZD]~. ]~w, ~sk I~nagers was o~zed ~ p~vi~ for ~~es w~ ~ r~ of l~ght ~fa~ur~g. ~ ~tlve for ~ ~y~s ~a~ ~s ~ fill ~ r~k ~g~ ~t =e~~t for ~es ~ size ~ld ~lly pr~lu~ ~ f~ ~g a risk ~g~. COLE ASSOCZATES SYNDZCATZ B.D. COL~, INID. ~¢ F. RZCK~ * ASSOCIATES Ft. Lnuckrclale, Fl. DECID~EI~,1971 Ben F. l~/cker & Associates c~e=ated u a caemerc£al general Col~, Ohio JA~A~Y 1977' -October, 1982 1978 -1- P.O. SOX 83.2041 * DELRAY I=;.ACH, FLORIDA ,~3483 · (,905) 794.7735 · FAX ('J~R RTW HoLlywood, FL, IM.rch, lg76-.,7~nua=y ~977 Ccmultant to c~mercial banks, larqe retail risks in the fields of risk ~anagement, qe~eral insurance self insure prc~rams. Norke~ with insurance &qercles :in ~ fields of sal~s m~tivatton, validsticn requirements for ~e~ sales people and sger~y ingot. PICKER Cocoa Beach. Florida June 1953-t~arch 1976 Starkea in ~eneral insurance sales. ~ecam Presidsnt o! the company resl~nSlble for a~ministration a~d sales. ~qe~y volme inc=easecl in this per£ot f~,.., $132,000 per yea= to over per year. RTW ,vc. Founding President of A~erican Protective I,t~e Insurance Co. ~ave valuable knowledge /n the field of agency acqu/sit/c~. 2. Me~be~ of the Flor~la Associat~on of Independent Insurance ~ent~. Served c~ the Agency ~na~t C~,,,~ttee for 4 years. 3. C~ter President of Central B~vard Indepep~knt Aqent8 Assoc. Taught 9e~eral ~usurance at both High School and Junior College level. CIVIC & SERVICE ~IV~T/ES. Cocoa Beach Cha~er of ~~e ~l~t s vim Pmsi~nt ~ ~h ~r of ~~e ~d of Dl~~ for 6 ye~s. P~si~t for ~e ~ar. Brevard County Planning & Zoning Board for 4 years Sertam Club l~i~ated a~ c~e of Florida's Five O~tsta~bxj ¥o~g Nan Febru~, 1951 - June ~953 BOX 83.2041 · DELRAY BEACH. FLORIDA 33483 * (305) ?94.7735 · FAX (30~cS6~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 Please type or prim the following information: 1. Last Name: Rosen 2. Home Ad&ess: 817 NW Second Avenue 3. Legal Residence: Principal Business Ad&ess: 1515 N. Federal Hwy. Suite 300 Ns/Tie Gary City Delray Beach City City Boca Raton State State State M.I. Zip Code 33444 Zip Code Zap Code 33432 5. Home Phone: 330-0099 Business Phone: 266-9669 E-Mail Ad&ess: ICell Phone: garyrosen@att, ne~ 251 -1 065 Fax: 266-9166 6. AreyouareDsteredvoter? Ifso, where ~eyoure~stered? Delra¥ Beach~ FL 7. WhatBoard(s) are ~uhat~ested~se~mg?Please~stin orderofpre~rence: Planning& Zoning, Board bf Adjustment, ~omm. Redevelopment, Housing Aut~ List all City Boards on which you are currently sen-hag or have previously sen, ed: (Please include dates) City of Boca Raton Zoning Board Of Adjustment - 10 Years 9. Educafionflqu~ficafions: State Universit~ of NY - AA Ohio State University 10. ~stanyrelatedpro~ssionalce~ficafionsand~ce~sesw~chyouhold: Florida Real Estate & .Mortgage Broker Licens 11. Giveyom ~esent, or mostrecentemployer, andposition: Ta¥Ior ~arketing Group - President 12. ~es~e exp~en~s, skills or ~owled~ ~ch flu~ yo~to..sy~ on this board~ ~lea~ amch~ bpef resum~ Ten xears cz service as a ~emDer and cnalrman of ~ne ~oca Raton Zoning Board of Adjustment, Real Estate Developer, Consultant, Builder. I hereby Note: This appliclrd'on statements are true, and I agree and understand that any misstatement of material facts cause forfeiture upon my part of any appohatment I may receive. _~ ., Nov. 12, 2001 DATE will remain on file in the City Clerk's Office fora period of 2 lS on subdued. It ~ be ~e app~cant's responsib~ty to ensue ~at a c~ent appU~uon ' me. CITY CLERK CITY HALL * 201 WEST PALM;:: l ;O PARK ROAD * BOCA RATON, FLORIDA 33432-3795 * PHONE: (561) 393-7700 (FOR HEARING IMPAIRED)TDD: (561) 367-7046 SUNOOM: (561) 922-7700 August 20, 2001 Mr. Gary Ros n 1027 Pepper Ridge Terrace Boca Raton FL 33486 We want to thank you very much for your service as a member of the Zoning Board of Adjustment over the past ten years. Because of your dedication, Boca Raton is abetter place for all of us. In recognition of your service, please find enclosed our Certificate of Appreciation. We wish you success in your future endeavors. I jr enclosure GARY ROSEN T~rr&c~ Boc~ Raton FL 33486 November 12, 2001 City OfD~lray B~ach 100 NW 1~ Avenu~ Delray Beach, Florida Re: Advisory Boards & Committees I have recently moved to Delray Beach having been a resident of Boca Raton for the past fifteen years. While residing in Boca Raton I served as a Member and Chairman of the Zoning Board of Adjustment for a period often years. I now have an interest in serving as a member of an Advisory Board or Committee for the City Of Delray Beach. Since 19791 have acquired and developed real estate in South Florida, acted as a consultant for various national and regional development firms, and have served as President of the Florida Atlantic Builders Association representing more than one thousand builder and associate members. My preference would be ~ position with Planning & Zoning, Board of Adjustment, Community Redevelopment Agency or Housing Authority. I can be reached by mail at 817 NW 2nd Avenue, Delray Beach telephone at 251-1065 or via fax at 266-9166. Your consideration on my behalf is appreciated. ( q ~9!:~ ~1® BOARD MEMBER APPLICATION 2001 J 7. ~%at Bo~~ you ~t~ted ~ s~ P~e ~st ~ ~ orifice: ~st ~ OB' B~& ~ ~c[)'ou ~e ~' s~g ~ ~ve ~ous~' s~ed: ~l~se ~clude ~te Educational quztiGcations: 10. List any related professio_._nal certi0cations and licenses which you bold: 11. Give your present, or most recent employer, and position: I hereby cenif), that all the shove statements are tree, and I agree and understand thai any misstatement of material facts Note: This application will remain on file in the Cit), Clerk's Office for a period of 2 ~ ~t~m ~!~ ~le~it was submiixed. It will be the applicant's tesponsib~ to e~sm'c that a ~t applica~fi~§ · 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-mall: ~.warshaw@,att.net .;: ,~ONSULTANT: 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.S. Department of Commerce, Gaithersburg MD 20899 Senior Policy Advisor for Standards and Technolo~ (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 Eleclrotechnical 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 Department leading to the harmonization of standards globally and the mutual recognition of conformity assessment measures. Designed and implemented bilateral standards negotiating activities 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 r ~. 3'. Wars~a~ j~e 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 Un/ted States National Committee Executive Committee to the International Eiectrotechnical 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. inmcsts in relaU~! international organizations, such as the International Elec~roteclmical 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. iht..~'ests in related international ~reaty organizations, such as the United Nations and the Organization for International Legal Metrology. Director, Center for Consumer Product Technology (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. American Standard, Inc. (1964-1975) P.O. Box 2003 New Brunswick, New Jersey 08903 C~eneral Manager, Development and Engineering Responsible for all product and process development and engineering activities of thc 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 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM #C~ REGULAR MEETING OF AUGUST 6, 2002 APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS DATE: AUGUST 2, 2002 The terms for the following persons on the Board of Construction Appeals will expire on August 31, 2002: Michael Eisenrod James A. Griffis Tim Onnen Chris Ryan Leonard Sheppard (real estate) (general contractor) (electrician) (aJc contractor) (engineer) Mr. Eisenrod and Mr. Sheppard have both served two (2) full consecutive terms and are not eligible for reappointment. Mr. Griffis, Mr. Onnen and Mr. Ryan have served one (1) complete term; all are eligible for reappointment and would like to be considered. The term is for two (2) years ending August 31, 2004. To qualify for appointment, a person shall have actual previous experience in their respective trade or profession deemed sufficient by the Commission. Residency is not required. A person need not own/operate a business in Dekay Beach. The following applicants would like to be considered for appointment. Please see "Exhibit A". A check for code violations and/or municipal liens was conducted. None were found. Voter's registration verification was completed and all are registered with the exception of Mr. George Brewer due to him not responding to an address correction notice. Based on the rotation system, the appoiritments will be made by Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Schmidt (Seat #5), Commissioner Perlman (Seat #1) and Commissioner Archer (Seat #2). Recommend appointment of five (5) regular members to the Board of Construction Appeals for two year terms ending August 31, 2004. BOARD OF CONSTRUCTION APPEALS EXHIBIT A Architect Jose Aguila George Brewer (also applying for Board of Adjustment) General Contractor James Griffis (incumbent) Electrician Tim Onnen (incumbent) Real Estate Suzanne Page (also applying for Board of Adjustment and Code Enforcemem) Samuel Resnick (currently serving as an alternate on Board of Adjustment) Constmetion~rEnvironmentalist Norman Rosenblatt A/C Contractor Chris Ryan (incumbent) P,O~ERT G. CURPIE PRP, TIIERSHIP PHOIE I10. : 561 243 81P_4 (~ l~' '0'.' .~o'~ 14 11 1-'.~ ~1 ~ ~?71 ~I~' CI.£~. ]'u,n, CITY OF DELRAY BEACH BOARD MEMBER APPLICATION z.~ Code Zip Zip C~e !1. Give four presenL o, mos, tec~,.t ~ploy~, and ~_om~o.m I JOS~'- N. AGUILA~ A.I.A.~ NCARB Home 800 SW First Court Boynton Beach, Florida 33426 (561) 737-8894 _ AR 0015349 Off~ce 134 NE 1st Avenue Delray Beach, Florida 33444 (561) 276-4951 QUADFICA TIONS EDUCATION CERTIFICATIONS MEMBERSHIPS WORK EXPERIENCE PAST BOARD MEMBERSHIP Registered architect with over twenty years of architectural and construction related experience ranging from residential to large scale commercial and governmental projects, with proven abilities in produ~ion, project management and construction administration in both public and private sector. Bachelor of Architecture Florida A&M University, 1988 Bachelor of Science in Architectural Studies Florida A&M University, 1981 Florida Registered Architect Member American Institute of Architects National Council of Architectural Registration Boards June '99 - Present, Project Manager/Architect, Robert G. Cuttle Partnership, Inc. March '98 - June '99, Senior Construction Manager, O'Connor & Taylor, Inc., General Contractors. September '93 - March '98, Construction Manager/Architect, City of Delrey Beach. March '83 - September '93 Currle Schneider Associates AIA, PA. Delray Beach, 'Florida. Associate, Project Manager. Boynton Beach Building Board of Adjustment and Appeals Boynton Beach Planning and Zoning Board Boynton Beach Downtown Review Board Boynton Beach City CommissionerNice Mayor Boynton Beach Community Redevelopment Agency Palm Beach County Municipal League Treasure Coast Regional Planning Council Boynton Beach Planning and Development Board 05/18/2002 15:15 S51"2_7'2_3722 ~ AR~..-;HITE:CTUF~E P~E 81 06. 17.'02 ~40N 1~':3~ FAX Sill ~43 :~??d I;IT¥ CLERK . . CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 - 20Ol -2. Nonce Addte,,: ..... z.o+ ~.,v qTzt ~.~. ....... ch. ~~_~:,,, .-- .... ,~: 3. ~ R~d~: ~ ~te ~ Code 4. ~~ ~,~.. ad~: ' ~ ......... ~ ~ ~. i0. ~t .n)' zcJarcd pzofcm,~oni~C~cm~s ~d bcen~m w~ you hol& ~~ ~~ SXGN.i~ ~ l~lote: TJ~ al:q>hcntion ~ temagn on ~1¢ in thc City' Clerk's Of~:e for · period of 2 years ~om the date it ~,'ms submitted. It ~ be the applictnt's rcsponsJh[li~ m ensvre t~t a ~utten! apptic~tion is o,~ fi]e. 06/I?/0~ ~ON 15:3~ F~ ~61 243 ~774 EIT~ CLF~K ~ 002 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION PJe. e ~2e or p~im the followi~ infom~cion: 5.' Home Ph~: ~ess'~: ~ A~ess: 7. ~t Bo~d(Q ~ you ~t~s[ed ~ se~ Pl~e ~ ~ ~ o~prefem~ce: ...... a~. ................ 8. ~st ~ OB' Bo~ m ~ch 1'~ ~ ~m s~'~ ~ h~e ~s~, s~'ed: ~l~se ~u~ ~te0 10. ~I ~ ~te~ profes~o~ ~ons ~ hcen~ w~ch you 11. G~e yo~ pretmh ~ m~ %~t ~pl~'~, ~ ~n, Note: This npplicntion will tem~n ~n file in the City Cle. tk's Office fox a l:~.dod of 2 yesrs flora the date h vas s'~mit,,ed. It will be the mpplicsn~s rcspomibilitT to ensue thlt m :arrcnt spplicsti~n is o~ fie. RECEIVED JUN tit 2002 CiTY CLERK JAMES A. GRIFFIS APT. 9-G EDUCATION: Bachelor of Science (Civil Engineering) 1986-1991 Semi-retired. Owner's representative for the development, leasing and management of two office buildings in Boca Raton. 1981 - 1986 President and Chief Executive Officer of a real estate company in Houston, Texas. This company developed, leased and managed real estate in downtown Houston. The properties were owned by the company and consisted of over three million square feet of office space, a 250-room hotel and various tracts of property in Texas. 1971- 1981 Vice President of Turner Construction Company and President of Turner Development Corporation, a wholly owned subsidiary. Turner Development Corporation developed, leased, and/or sold office buildings and condominiums throughout the United States. We took the projects from site selection, the selection of architects, financing and construction. In the case of condominiums, we set up the home owners association and ran that association until the property was turned over to the owners. 1971 - 1981 Vice President and Director of Arthur Rubloff & Company in Chicago. This company was a full line real estate company that developed property but also had an extensive brokerage and management operation that managed many office buildings and thousands of apartments. I have personally developed condominiums in the Chicago area and have lived in a condominium since 1978. We bought Unit 9-G in The Barrton in 1972. Member Board of Directors of The Barrton 1987 - 1990 Treasurer 1988 President 1989 - 1990 09/18/00 M0N 14:1¢ ;.~ Se[ 243 37?4 BOARD MEMBER APPLICATION Please Wpe or prlzlt the £ollowi~g Information: -I.' 'Last hame;: N me 946 ~ ~ge ~ve ~Z~ ~a~ ~ 33483 3. Leg~ KeSiden~ .... C[~ " ' Sta~ ~ip Cod~ ~~ ~e 4. P~cip~ B~css A~ess: City ...... ~t~ Zip ~de 220 N.E. ~st S~t ~ay ~ ~ 33~ 3. ,, -6. ~t Bo~d(s) ~ you ~mst~ Board of Co~t~Cto~ "'7. IJst ~1 Cit~'Bo~s on ~cb you ~e c~y se~lng or hi~e pmvious¥ ~: ~l~ue mclu~'~ces) .... ~t ~ - ~v ~ch C~e ~o~t ~ ........ ~Zray ~ach Rt~ ~elo~t ~. ~8~,t~on~[ ~u,lm~ti&~: .............. ~.A. ~ee, ~.. 01~ ~lleqe, ~Q~ield. ~Sota ...... 9. Lbt ~ny r~I~te~ pmf~s)on,) c~mi{ons ~4 )i~nSe~ ~hi~ you hO18: ..... ~ster ~l~riCi~ & Ce~ ~ fi~ ~ectri~ ~~or I.C.B.O. [ O. Oivc yo~ pre~en~ or mo~ recent cmp]o~r, ~4 poS~O~: ~esiden~, ~er 1 ~. D~n%: expcri~nce~Skills or ~oJl~ ~ch q~li~ you ~ se~e on mis b~': (Pl~e a~h ~cf~e) Ce~ifi~ Elec~ Co~o~ .............. ~ ~ereby ~e~/fy tha':"'all t~e ~bov~ s~te~en~ ~ true, an~'I ague and understand t~.~ any misstatement of material fa~ contained in this application may cause fo~ei:ure upon my pa~ of any a~ ointment Z may receive. Note: This ~pplic~tion ~ remain on Erie in' ~e City Cle:k's O~ce for a period of 2 years from the"dat¢ it was submitted. It will b: :h~ applicant's tcspormibility to ensu~ that ~ ~t~rcnt aFplicar2on is on file. DELRAY BEACH CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 .2001 Please type or print the following information: Home Address:, Ci 3. Legalc~Residence: City _ State zi? Code 4. Principal Business Ad&ess: City State~ Zip Code 5." Home?ho~e: .. ~in~s~.Phog¢:. ~ E-Mail Address: Cell Phone: Fax: 6. A~e you a regis~red voter? ~ ~'~-~ where a~ste~d~~ c~:54.What Board(s~..a.re you_interested in serving? Please list in order of preference: 8. List dl City Boards on which you ~ze currently serving or h~ve previouSly served: ~lease include d~tes) 9. Educational qualifications: 0 IJist my feb, ted pro£essional certifications md licenses which you ~hol.~: 11. Give your ,resent, or most recent emplovei, and position: . ' e ' ~on may cause foffd~e upon my N will remain on file in the City Clerk's O.ffi~l;~.i~/~'gears from the date it was be the applicant's responsibility tO ensure that a,~U~, currint~ 2~licati°n iSsz~ca.~o~mc^no~On file. . sUZANNE PAGE · GooDS~'EIN REALTY, Boca Raton, FL, Real Estate'Sales ASsociate- License #'SL-0702472 ~' ':'.*~ '- Mortgage Broker L License # MB-0200228 - ' -' 'FAIRFIELD UNIVERSITY, Fairfield, cT .. --'* Area Coordinator and ~sistant ProfesSor of Finance UNIVERSITYOF BR!DGEPORTi Bridgeport,iCT _-.- 'As$i~ant P~'ofe~0r of Econ0~hics and Finance' PAGE CONSULTING, Delray Beach, FL'-* ~ President & CEO :.- .. -' .~ ,. - .Consulting Firm -' Domestic and International American Institute of Certified Planners -. # 85613 · CITY OF BOCA R~TON, Boca Raton, FL _. Economist Planner - Comprehensive Planning~ ~- .-. *' _*' Strategic Planning ~ - -. '.. . Grant Writing ... ' ' "CONSULTANT, West Hartford, CT.' Intemational and Domestic Finance UNIVERSITY OF .HARTFORD, Hartford, CT Visiting A~istant Pro~essor of Finance ACADEMIC CREDENTIALS Dissertation- ~ Title:- *. Ph.D., Economics,. University: of =,.,.,. =,,,.=="";'om"*d'"' ~' ~ - = : Moneta~ Theo~ -- ;-.-¢ International Economics Corporate Finance . _ .' Inve~ments ~.aw=~S.- - -~'lnfiati0n,_' ~¢hange' Rate~, and Foreign .-Doctoral Testing Fields: Econometrics -- Moneta~ Theo~ ..... Master of Science, Economics, Univemi~ Of II is Microomnomic Thoo~ Macroeconomic ~eo~ ' Bachelor of Science Bu~ine~ Admini~tr~tion~ Univer~i ~ro~pae0 En~in,orin~ ~inor American Institute of Certified Plan, ners (AICP) - # 85613; 7 years experience as Economist Planner with the C~ of Bom i~ton (5 'years required) and 6 months intensive study prior to passing a national exam * '- -~ ·. · .Gold Coast School of Real Estate- 63 hours intensive classroom .~tudYi 40 hodrs intensive field study (Real Estate Program) --- - -~' - ....~ , Gold Coast Professional School, -Inc. - 24 hours intensi~e"ciassroom study;''~ 15 hours intensive field study (Mortgage Broker Program) _ '~' ' ' Real Estate Fast Tr=ck --54 ho~,,s intensi~,e ClasSroom st~Jdy; .54 'hours - intensive field study, - -* ...... ' ~. - - -Real Estate Usting Masters - 30' hours intensiv'e'~la~sr0o~ '~tudy; 30 hours intensive field study · .%.~* '~- ' Real Estate~ Com~eroim Transaction8 Investment Anal~is Of the . Commercial Transaction - 4 hours .... .~' -: _ _ _: · ~ ~ ,. ,' ~. -'..~..:_ '' ' '' *[' : ' ~* 2 * _ i'"% · · * o d, ~.~.t.ac,~ CITY OF DELRAY BEACH llll ,O~,D MEMBER APPLICATION 1993 2001 Pleise type or print the followL~ iflfotmation: 2. Home Address: [ City 3. Legal Residence: City State FI, State M. I. Zip Code_ Zip Code 4. Principal Business Address: City State Zip Code H o~'~'"~bv~'ae~me'~ ~-; [Business Phone: 5. 7. _~%.t B}gd(s) ~e you ~,~ested ~ s~g? Pl~se 8. ~!~ ~ Cig' Bo~ds on w~h you ~: ~n~)' sen-~B I9. Educational qualifications:. [ 10. List an), rela~ed professional certifications and licenses which you hold: 11. Give you~ present, oz most recent (- ' Note: This application will renmin on file in the City Clerk's Office for a period of Ll~~~e it was submitted. It will be the applicant's responsibility to ensuxe that a current application is on file. MAR · CITY CLERK March 21,2002 Karin Schell City Clerk's Office City of Delray Beach 100 NW 1st Ave. Delray Beach, FI.33444 Samuel Resnick 2835 SWl3th Street Delray Beach, Fl. 33445 Ph# 561.330.8419 As per our phone conversation of to-day, I am submitting this letter. When I retired and moved to South Florida in 1995, I volunteered to the City of Delray Beach for any commission or committee that could use my background. Unfortunately, I was not living in the city proper and could not serve. I have recently moved to Pines of Delray West, at the above address, which is in the city proper. I am again requesting to be considered for any commission or committee. Enclosed please find my resume and a letter from the Mayor of Nowvalk, Ct. Hoping to hear from your office. Samuel Resnick 2835 SW 13th Street Delray Beach, FI. 33445 Ph# 561.330.8419 Res,~ne of Snmuel Remick 1. Education a) Graduated from City College of New York in Aug. 1949 with a Bachelor of Civil En~nering Degree. b) Completed various courses in Building Code Adminicu~ation and code analysis. Theses courses were given by Building Officials and Code A~strators, International. (BOCA) 2. Licensing a) Retired professional engineering licenses- Florida, Connecticut, New York, New Jersey, and Vermont. b) Retired registered architectural licenses- Florida, Connecticut, New York, Mass., Vermont, Delaware, Penn~lvania, and the National Council Architectural Review Board. c) Certified as Chief Building Official by State of Connecticut in 1979. 3. Organizations a) Was member of State of Connecticut Codes and Standards Committee from 1982 to June 1987. b) Adjunct Assistant Professor in Civil Engineering Technology at Norwalk State Technical College. c) Member of the construction panel of The American Arbitration d) Member of the Palm Beach County Board of Education oversight committee On school construction from 1995 to 1996. 4. Experience a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk, Ct. See attached letter. b) August 1986 to Oct. 1991- Private practice as Architect-Engineer. c) March 1978 to August 1986- Director of Gode Enforcement and Chief Building Official. d) June 1957 to March 1978- Private practice as Architect-Engineer. e) From 1939 to 1957- (excevt for two years in U.S. Navy and three years in enginering school) worked for various architectmal and en~neerin~ firms. OFFICE OF THE MAYOR FRANK J. ESPOSITO, MAYOR 1995 'This l~ter is by way of introduction to a No~lk, Co~ecti~t, ~uel analyzed the operation -assisted the D~rector interpretations. of the Department of Code Enforcement and o£ t~le ~forc~aent ~n Building ~de City Coordinator for the A~erican 'with Disability Act (ADA). Surveyed' all city build~ngs, includ_$ng schools, for co~pliance with ADA. Also, prepared the Transition Plans Sharing methods and costs to comply with ADA. Ha¥or's Liaison to the Norwalk School Building Co~mittee wherein all. committee ~etinqs were attended. City representative tot the construction of the Concert Hall at City. Hall and repair of water d~mage 5. Code and cost analysis o£ various school alterations and addition work.' 'Sam is licensed in Connecticut, New York and Florida as 'architect, and in Connecticut, New York, New ~ersey and . professional, engineer. ~e is ~held ../ri.high .-regard by . professional field and the city. a registered Florida as a those -&n Ms. h[~ well in his r~w hole state of Florida. It ~s With Rridethat I givethis letter of re~endation to a aah of Sam's caliber. Ha will be an asset to any organization w~thwho~ he becomes associated. · POST OFFICE BOX 612S. I~SEAST AVENUE I, IORWAT. K, CT oe~s6.s'125 ,, l'1~__:_~,to3-e54.7701 DELRAY BEACH ~~ ~ J~ CITY OF DELRAY BEACH a ~~ BOARD MEMBER APPLICATION 1993 2001 Please type or print the following in£orm~tion: Vdnx,{. b._ :~. ~vl U.es~dence: ¢ ~ e, 4. P~inc~..l Business Ad.ess: $~tvle City :e ~'~ Z~p Code ,.- / Y'I 3?~y; / :e/ { Zip Co& / 5. Home Phone: s-~t- ¢q.;-q3'q I 6. Are you a registered voter.> Business Phone: E-Mail Addxess: [ Cell Phc?e: Fax: If so, where are you regastered, flrav~mlC, oaat), 7_. ?hat~_Bo,ar_d(s) are you, interested i~ serving??lease list in order orpreference:/ ( 9~. Educado?l clu~fic~dons:.. I 8. List all City,Boards on xyhich you are currently serving or have previously served: ~Please include dates) 10. List any related professional certifications and licenses which you hold: 11. Give your present, ormost recent employer, and position: Co,,,~.u&~ 6r,,s~,/~t~' 7_;,~o ~,~f, 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts ~this~cause forfeiture upon my part of any appointment I may receive. ,i(~NATUR.~ ' ~ DATE ¢/~/~V Note: This application will remain on file in the City Clerk's Office for a period of 2 y~l~tl[~:l~[[} was submitted. It will be the applicant's responsibility to ensure that a clarrent application is on file. 01TY CLERK ( ( I CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~t, or mo~t~cce~_t emp 2.~er, an J:~s o2z:..~ - / . m~s~~ ~ m~ai ~ ~n~in~ in this appli~on may ~u~e ~el~m u~n my pa~ ~o~: ~ ~P~on ~11 ~" on ~e ~ ~ City Ci~'s ~ce ~a~d ~f[ ycm ~ ~ ~ it ~ submit,ed. It will 1~ I~ applicant's msp~nsibilit7 ~o ~ that a ~ al~pli~tioa is on file. RECEIVED AUG 0 7 2000 CITY CLERK MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~A'~ AGENDA ITEM ~- REGULARMEETING OF AUGUST 6,2002 APPOINTMENT TO THE CODE ENFORCEMENT BOARD AUGUST 2, 2002 Roger Cope has resigned from the Code Enforcemem Board due to his newly appointed position on the Site Plan Review and Appearance Board. This creates a vacancy for a regular member to fill an unexpired term ending January 14, 2004. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. The following have submitted applications and would like to be considered: Suzanne Page W~llie Ports, Jr. Starfley Watsky Real Estate (also applying for Board Construction Appeals) Lawn maintenance Real Estate of Adjustmem and Board of A check for code viohtions and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of W'fllie Ports. Based on the rotation system, the appointment will be made by Commissioner Archer (Seat # 2) for a regular Recommend appointment of one (1) regular member to fulfill an unexpired term ending January 14, 2004. july 10. 2002 City of Delray Beach 100 N.W. 1't Avenue Delray Beach, Florida ~.3444 Atm.: Norma Smith, C,~ e Enforcement Coordinator Re: Code Enforcement E oard Norma: " Please accept this----T- of re~gna~on as I regretfully announce that I must vacate nay position on the Code Enforcement Board effective Sept. 10, 2002. I have been fortunate [nough to have been appointed to the Site Plan Review and Appearance Board effective Sep. 11, 2002. i~ven though it turned out to be less than a full term, I value my experience on the C.E.B. and sl~_!l implcm mt code compliance concepts and the ~ Delray citizens must have for them into my new position. I ~reatly appreciate everyone's assistance along the way especially yours. Lynn, Roger, Tony, Beril, An& ew, Brian, William, Adrice and all the inspectors are in good hands. Thank you in advanc~ Sincerely: RWC/jad LoreUa Heu~, =Karen Schell Cope Architects, Inc. ;taft'Assistant 11, plannin~ and Zoning 82 N.E. $'~ Avenue Delray Beach, Florida 33483-5475 JUL ! Z 2002 DELRAY BEACH rJ"~"~ CITY OF DELRAY BEACH ~11[ BOARD MEMBER APPLICATION 1993 2001 Please type or print the following information: Home Address:, 3. ~g~esidence: ~ __ State Zi~ Code 4. P~dpfl Bus.ess Ad'ess: ~ Smt~ Zip Code 5. Home Phone: . .CeB Phone: F~: 8. ~st ~ Ci~ Bo~ds on w~ch you are ~enfly se~g or have pre~ously seined: ~leas'e ~dude dates) 9. ~ucafion~ q~ficafions: [)0J Dst ~y relased professionfl ce~ficafions ~d ~c~ses w~ch you hoL~ 11. Give your ~resent, or most recent em~love;, ~d ~osifion: ~.~ expe~ences,k 0 ~ ~s~s or~~~owled~ w~ch q~e.~~~Y°U m ,e~e on ~s b.rd: N will remain on file in the City Clerk's Of.~t~[~l:~fib~.~.2.~ears__~.~ . __m~' .~l from the date it was be the applicant's responsibility to ensure that a current aDDlicatiorl is on file. CITY Gt.EflK Ass0 Eic; se 0702472 Real Estateoales ciate ' n # SL- -. Mortgage Broker- Ucense # MB-0200228 PAGE ._ - President&CEO -. · : ., - Co suiting Firm - Domestic and Internation~i American Institute of Certified Planners -. # 85613 .: ' CITY OF BOCA RATON, Boca Raton, FL ' -- _. Economist Planner ..... ' .- Co rehensive Plannin ~ · ' '- -' ,' Stratenic Planninn , -. ' .... Grant Writing " - - -* -* ' ' CONSULTANT, West Hartford, CT ..~ '. Intemational a Domesti Finance UNIVERSITY OF HARTFORD,. _ 'Ha .rt~ord, CT Visiting Assistant Professor f Finance " FAIRFIELD UNIVERSITY Fairfield ~'~ "' Coo a d Assista Profess a'n e .~ .-. Area rdinator n nt or of Fin c ~ '- UNIVERSITY OF BRIDGEPORT; idpge ' "' ~' . Assistant P~ofess0r of Econ~nics and Fir~ance CREDENTIALS' '"' ' ' ACADEMIC ** * ' ' ~' '' ' Ph.D., Economics, universi E;0,ome{ric - ... Moneta eo~ :~,, :. :'-:.'., '-'.-': :~ '"' Inte at -'--:::' '- ' ' .., m ~onalE~nomics'* :- - :'~ ' . Co. orate Fin Investments a sis .' - -~ ..... '~lnflati0 ' ~h Rat sedation Title: n, ange- es, ,and re n Dir ct Investment" ~ .. ,._ .. - .:- : : ': :::.' ... , .__{.._' Fields Docto ' ' ' ral Testing : -, ' · * Econometri~ Moneta~ Theo~ . . ~ ._ ,, ' Uni '' ie ' -. Master of Sc nce, Economics, versi~ of nois Microe~nomic Theo~ ~ Macroec0nomic Theo~ , - " . .... Bachelor of Science Business AdministrMion, UniversiH of Alabama . ' ' ' EngineeringMinor* '": Aerospa~ American Institu{e of Ce~ifled Planners IcP) ~ 85613; 7 years e~eflence as E~nomist Planner with the C~ of Bo~ Raton (5 yea? r~uired).and months intensive study prior to passing a national exam -'Gold coast School of Real Estate - 63 hours intensive c{~ssmom ~tudy; - - hodrs intensive fie~ ~udy (Real E~ate Program) -'* ~ ' ' ' ' "- ' " ' 'SChool, InC. 24'hours intensive c~assr~m Mu Coast Professional- -- Gold -- 15 ~ours intensive-field study (Mo~gage Broker Program) ' ' - -'- ' ' ~ "-' Real EMMe st Trck - 5 hours intensi e cia ro . ' -.. - . intensive field study - ': .... . .... .. ' ". ~eal state lng ers; 30 ho rs intensive ~la~s ..... : ".: intensive field study ...... .~ '" ' ' :: .... ' ,i*' " ':~n ' ~' S mine - Rea Etate." Co roi Tra sactions stment al s of - 4 hours - '" ' '- ~' ' 'C _,, . ;. '.:.~ . -,:.'..'.:'~,, . ~,.: '- .:-:. :-.:,," ' .... : .}.' '-. ~ , ' ~ .~ .... · :. ,- :.., . · . -. . . .-.; .. - .. ~ .. 2.'- DRRAY BEACH ® BOARD MEMBER APPLICATION 1993 C Please type or print the following information: 1. Lnst Name:: Name Middle Initial Pot,ts, Jr. 2. Home Address: I City State Zip Code 634 An~ler Drive Delray Beach FL 33445 3. Legal Residence City State Zip Code 4. Pfincip~ B~ess Ad.ess: Ci~ S~te Zip Code 5. Home Phone: 274-9087 B~iness Phone~7~=9087= [ F~: 6. What Bo~d(s) ~e you interes~d in.se~i~g? 7. List all CiW Boards on which you a~eu~ently se~ing olhave previ~sT((emed: (Please include dates) 8. Educational qualifications: O~ 9. List anly ~iated professional ce~ifications and licenses which you ~ld: ·, 10. Give your presen~ or most ~ent employer, ~d ~tion: Porte ~ ~intena~ce '1 I. ~escri~ experiences, skills or knowledge which quali~ you to ~e on ~is ~: (Pie~ a~ch a b~ef~sume) I he~bg ce~/~ that all the above statemen~ are t~e, and I ao~e and unde~tanO,~hat any ~/sstatement of mater~al fa~s conta/ned in this a~l/cat/on ~ ~use fo~e/tu~ upon ~ of an~,.a~po/ntmeqt I mag rece/ve. ~ E ~ E [ VE O SIGNA~ ~ DA~ L_ Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will I~ the applicant's responsibility to ensure that a currant application is on file. 'BOARD MEMBER APPLICATION Please ~!p~ or l~r~n~ lhe fu~ !.lo.x_~,m_~g infcu'matioa: Las~ N~e:: ' ' Nam~ - I ..... ~ ' Middle~. ~'.~~~ ~ _ I ~~ ~ i , Home Ad~ss~ - ' ..... I Or,. rzin.~T~ih.s~~- .......... ~(i~' ' ..... i st~ ~ 2;~ ~a' ' ~~~ ~~ ~ e ~ ~ ~ -~--, _ j J7 · . '~~'q -~x~~ .......... ~ ............. Oive year pre~nt, or most ~cent ,mplc)'er, and ~sitio~ ,' ~Jsst~emenr of material fac~ contained ~n this application may ~use ~o~e;ture upon my ~f any appointment ~ may re~ive. :~ECE~VED _ ,' - o[c o'~.,oo -- '~ ' * I ~ ~ CITY CLERK j ~Y,mh~. It ~11 ~ ~he applicant's ~espo~bfltx). to e~ that a c~t ap~hcation is on fil~. MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS AGENDA ITEM # "~1 [.._ REGULARMEETING OF AUGUST 6, 2002 APPOINTMENT TO THE NOISE COMPATIBILITY ADVISORY DATE: COMMITIEE AUGUST 2, 2002 On March 21, 2002 the City of Delray Beach received notice from the Boca Raton Airport Authority that the Noise Compatibility Committee (NCC) Bylaws were adopted. It has been noted that two (2) members from the City of Delray Beach will be sitting on this Committee. On July 2, 2002 Mr. Schwartz was appointed to the Boca Raton Aviation Advisory Committee creating a vacancy on the Noise Compatibility Advisory Committee. Per Russell Buck, Noise Abatement Administrator, the member must be a resident of the City of Delray Beach. He stated it would be helpful if the person had some experience with aviation, but was not necessary. The term would be for one year starting in a month or two. The following have submitted applications for consideration: Harvey Brown, Sr. Robert Conway 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 for membership will be made by Commissioner Levinson (Seat # 3). Recommend appointment of one (1) member to the Noise Compatibility Advisory Committee to a one (1) year term. BOARD MEMBER APPLICATION 15:Z~ "*'*'" 1993 2001 =,me Phone: l~u~Lm:,~ Phc~c. Pl~e l~t in you lx~ld: I.~I~LRAY 8EACH I I I I Ir c,mY OF DELRAY BEACH C~ q~~J~Jl® BOARD MEMBER APPLICATION Please · or rint~e followin information:- .. ! 1. Last Name: ~ Name _ , / _ _ T ~ I. =] ! /_ %~ _~ ' l-'-~~ ~ t ~. / 7. ~/hat Bo~_ d(~) are you int~ested, in serving? Please list in order of preference: . C 8. List ill Cit3' Boards on which you are ettrrenfly sen, ing or have previously sen'ed: (Plense include dates) 9. Eclucation~ qualifi~ti0ns: 10. List any tehted professional cettilications aJad licgnses which you hold: 11. Give your px~em, ~ mo~t recent exnploy~, and. po.xition'./ 12. Describe experienc, es, skills knowle · which qualify you to serve on this board: lease attach a brief e) Note: This application will remain on file in the City Clerk's Office for a[~~..~ ~.' · m the.date it was submitted. It will be the applicant's responsibility to ensure that ~ current appt~canon ~s on me. JAN I 6 CITY CLERK TO: THRU: PAUL DORLING, D RI~CTOR OF PLANNING AND ZONING FROM: JEFFREY A. COSTELLO, PRINCIPAL PLANNER SUBJECT: MEETING OF AUGUST 6, 2002 CONSIDERATION OF AN AMENDMENT TO LAND DEVELOPMENT REGULATIONS REGARDING SUBSTANCE ABUSE TREATMENT FACILITIES. This amendment is corrective in nature. Earlier this year, the Florida Legislature amended Chapter 397, Florida Statutes, regarding the regulation of Substance Abuse Treatment Facilities, which became effective July 1, 2002. Thus, the City's Land Development Regulations regarding treatment facilities require amendment to conform to the State's requirements under Chapter 397, Florida Statutes. The amendment involves repealing LDR Section 4.3.3(D) (Residential and Non-Residential Alcohol and Drug Abuse Treatment Facilities) and adding a new section 4.3.3(D) (Substance Abuse Treatment Facilities), which lists specific requirements for substance abuse treatment facilities. These changes included modifying the current location restrictions of 1,200 feet from public or private, elementary, middle or secondary schools, and between other treatment facilities, to 1,000 feet to be consistent with State Statutes. The amendment also involves changing the definition of substance abuse treatment facilities, and accordingly renaming residential and non-residential alcohol and drug abuse treatment facilities to substance abuse treatment facilities throughout the LDRs. This amendment removes substance abuse treatment facilities from the RM (Medium Density Residential) zoning district, where they are currently allowed as a conditional use. Treatment facilities will continue to be allowed as a Conditional Use in most commercial zoning districts, some office districts, and the CF (Community Facilities) zoning district. In addition to the changes in response to State Statutes, the definition of group homes has been changed to exclude certain substance abuse treatment facilities. 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 "housekeeping" 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. The Planning and Zoning Board held a public hearing regarding this item at its meeting of July 15, 2002. There was no public testimony in support of, or opposition to, the proposed amendment. There was a person who commented on grammatical changes and that the use should be removed from the OSSHAD zoning district. After discussing the text amendment, 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), with associated grammatical changes as determined by the City Attorney. By motion, approve on first reading a text amendment to the Land Development Regulations regarding substance abuse treatment facilities,, based upon the findings and recommendations by the Planning and Zoning Board, setting a public hearing date of August 20, 2002. Attachment: Ordinance by Others [lTV OF DELRFIV BEFI[H CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: July 24, 2002 MEMORANDUM Wnter's D~rect L~ne 561/243-7090 TO: David T. Harden, City Manager Mayor and Commissioners FROM: Terrill Pyburn, Assistant City Attorney SUBJECT: Ordinance Requlating "Substance Abuse Treatment Facilities" The Florida Legislature amended Florida Statutes Chapter 397 regarding Substance Abuse Treatment Service Providers to require that both Residential and Non-Residential Service Providers be regulated through licensing. As a condition of this regulation, the Legislature stated that in order to obtain a license, these facilities must be m compliance with the municipal zoning laws. This new law became effective on July 1, 2002. As a result of this new law, the City of Delray Beach has proposed to amend its LDRs in order to allow Substance Abuse Treatment Facilities within the General Commercial (GC), Central Business (CBD), Professional and Office (POD), Residential Office (RO), Community Facilities (CF), and Old School Square Historic Arts (OSSHAD)Districts as Conditional Uses. Please place this matter on the August 6, 2002 City Commission Agenda for consideration. Please let me know if you have any questions. Thank you. CC: Barbara Garito, City Clerk Susan Ruby, City Attorney Paul Dorling, Planning Director Jeff Costello, Principal Planner Jasmin Allen, Planner ORDINANCE NO. 33-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF Dlq. I.RAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY REPEALING SECTION 4.3.3(D), "RESIDENTIAL AND NON-RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES" AND ENACTING A NEW SECTION 4.3.3(D), "SUBSTANCE ABUSE TREATMENT FACILITIES", PROVIDING A DEFINITION AND ESTABLISHING A MINIMUM CRITERIA FOR SUBSTANCE ABUSE TREATMENT FACILITIES, ADDRESSING THE EFFECTIVE DATE FOR EXISTING SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.3.3(I), "COMMUNITY RESIDENTIAL AND GROUP HOMES" TO EXCLUDE CERTAIN SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.4.6 "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(D), "CONDITIONAL USES AND STRUCTURES AI.I.OWED", BY REMOVING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9 (ID), "CONDITIONAL USES AND STRUCTURES Al.LOWED", BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT," SUBSECTION 4.4.13 0D), "CONDITIONAL USES AND STRUCTURES ALLOWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.4.16, "PROFESSIONAL AND OFFICE (POD) DISTRICT," SUBSECTION 4.4.16 (D), "CONDITIONAL USES AND STRUCTURES .ALI.OWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT," SUBSECTION 4.4.17 (D), "CONDITIONAL USES AND STRUCTURES AI.I.OWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT," SUBSECTION 4.4.21(D), CONDITIONAL USES AND STRUCTURES AI.I.OWED", BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)," SUBSECTION 4.4.24 (D), "CONDITIONAL USES AND STRUCTURES AI.I.OWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES 1 ORD. NO. 33-02 WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SUBSECTION 4.6.9 (C), "NUMBER OF PARKING SPACES REQUIRED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING APPENDIX "A", "TERM AND DEFINITION," BY REPEALING THE DEFINITIONS OF "NON-RESIDENTIAL SUBSTANCE ABUSE TREATMENT FACILITY," "RESIDENTIAL TREATMENT FACILITY," AND "SUBSTANCE ABUSE" IN THEIR ENTIRETY AND ADDING THE DEFINITION OF "SUBSTANCE ABUSE TREATMENT FACILITY"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to amend the land development regulations pertaining to Substance Abuse Treatment Facilities to incorporate certain aspects of Florida Law renting to Substance Abuse Treatment Facilities; and WHEREAS, the Legislature passed the committee substitute for Senate Bill 682, which is effective July 1, 2002; and WHEREAS, the City Commission finds that it is in the public interest to amend section 4.3.3(1)), Land Development Regulations, to establish minimum criteria for Substance Abuse Treatment Facilities; and WHEREAS, the regulation of land use matters is of great local concern and impacts upon the health, safety and welfare of the City's residents; and WHEREAS, the City may regulate the location of such facilities through the exerdse of its police powers in furthering the local land use concerns; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA: Section 1. That Section 4.3.3 (I2)), "Residential and Non-Residential Alcohol and Drug Abuse Treatment Facilities" of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby repealed and a new Section 4.3.3(D), "Substance Abuse Treatment Facilities", is hereby enacted to read as follows: .(ID) Substance Abtt~¢ T~eatn~¢nt Facililies (1) Definition: "Substance Abuse Treatment Facility" shall mean a service provider or facility, that is: (a) licensed or required to be licensed pursuant to Section 2 ORD. NO. 33-02 397.311(18). Fla. Stat. or (b) used for room and board only and treatment and rehabilitation are provided at locations other than the pr;mat3, residential facility., whether or not the facilities lased for room and board and for treatment and rehabilitation are operated under the auspices of the same provider. For the purposes of this paragraph (b). the following shall be deemed to satisfy the "treatment and rehgbilitati0n activities" component: (i) service providers or facilities which require tenants to partidpate in treatment and rehabilitation activities as a term or condition of, or essential component of. the tenancy; 9~ (ii) service providers or facilities which facilitate, promote, monitor. or maintain records of. tenant participation in treatment and rehabilitation ,letivities. or perform testing to determine whether tenants are drug and alcohol free. or receive reports of results of such (2) Floor Area: (a) Rooms: Minimum floor area for bedrooms and the minimum number of bathrooms shall be governed by the Standard Housing Code. (b) Common Area: At lease 10% of the total floor area shall be devoted to commorl area. 0) Facilities and Requirements: (a)Individual rooms or suites shall not have kitchen facilities available for the preparation of food. (4) Appearance; Substance Abuse Trealment Facilities shall have building elevations which are similar in character and similar in appearance to the surrounding area. They shall not be institutional in appearance. (5) Licenses and Inspections: (3) Safety. Inspections: Issuance of an occupational license shall be preceded by an annual safety, inspection: issuance of an occupational license shall be contingent upon compliance with the recommendations of the City Fire Marshall and the Chief Building Official. State License: Applicants for a City. occupational license 3 ORD. NO. 33-02 shall submit a copy of the entire State application form as submitted to the State. to the Occupational License Administrator at the time of application for an occupational license. Proof of licensure by the State shall be submitted to the City within three (3) months of issuance of the City occunational license. {~) Annual License: Occupational licenses must be renewed annually, and may 0nly be issued upon provision of proof that the facility, continues to be licensed by the State and upon passing of City. inspections. (d) All Substance Abuse Treatment Facilities with licensing requirements shall comply with Chapter 397 of the Florida Statutes, any Palm Beach County Rules and Re_rotations. and this ordinance pertaining to Substance Abuse Treatment Facilities. (6) location Restrictions and Special Re_tmlafions: (a) Substance Abuse Treatment Facilities shall not be located within 1,000 feet of any public or private elementary., middle, or secondary, school. (b) A Substance Abuse Treatment Facility shall not be locategt within 1,000 feet of ~mother Substance Abuse Treatment Facility. (7) ]Effect on Existing Substance Abuse Treatment Facilities: Any Substance Abuse Treatment Facility that exists as of the July 1. 2002. must comply with all provisions and requirements of this ordinance no later than eighteen (18) months after July 1. 2002. Section 2. That Section 4.3.3(1), "Community Residential and Group Homes", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (1) CommunJly Residential Homes and Group Homes: (1) Purpose: The purpose of this section is to provide for the health, safety, welfare, and shelter in sound housing of residents of Community Residential Homes and Group Homes and residents of the City who are in need of such facilities, while assuring compatibility of these facilities with surrounding areas. (2) Applicability: This section shall be applicable, but not limited, to Community Residential Homes and Group Homes which constitute a new facility or a modification of an existing lawful facility which increases the floor area or the permitted number of residents. This section does not include foster homes; assisted living facilities; continuing care facilities; abused spouse residences; child care facilities; adult day care facilities; convalescent homes, 4 ORD. NO. 33-02 homes for the aged or nursing homes; nor Mac. kal and d.--ag Substance Abuse Treatment Facilities as regulated in LDR Section 4.3.3(D)(1)(b). Section3. That Section 4.3.3(I)(3), "Definitions", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (.3) Definitions: (a) Resident: The term "resident" for a community residential home or group home means any of the following pursuant to the Florida Statutes: 1. A frail elder as defined in Section 400.618; 2. A physically disabled or handicapped person as defined in Section 760.22(7)(a), including but not limited to, persons in recovery from drug or alcohol addiction, but this does not include any person attending a Substance Abuse Treatment Facility. which is covered under 4.3.3 (D)(1)(b); A developmentally disabled person as defined in Section 393.063(12); A non-dangerous mentally ill person as defined in Section 394.455(18); or, 5. A child as defined in Section 39.01(14), Section 984.03(9) or (12), or Section 985.03(8). (b) Community Residential Home: The term "Community Residential Home" means a dwelling unit licensed to serve clients of the Depa~unent of Children and Family Services, which provides a living environment for 7 to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet physical, emotional, or social needs of the residents. (c) Group Home: The term "Group Home" means a home, and/or a building or part thereof, or group of buildings, which is not licensed to serve clients of the Florida Depaxianent of Children and Families, but which otherwise meets the definition of a Community Residential Home and has either less than 7 residents or more than 14 residents. Section 4. That Section 4.4.6, "Medium Density Residential (RM) District," Subsection 4.4.6 (D), "Conditional Uses and Structures Allowed," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: 5 ORD. NO. 33-02 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RM District: (1) Adult congregate living facilities and continuing care facilities. Child care and adult day care. (433 4.3.3(HHH). Private educational facilities subject to the restrictions set forth in Section (~a~ Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to CF, as appropriate. Convalescent homes, homes for the aged, nursing homes, and rest homes. (~3.) The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. (82) Single family detached residences in zero lot developments. (9~ Yacht club with facilities. (~0~ Dock master facilities when associated with a multi-family development which has a marina. (:14(!_0.) Private beach clubs with attendant recreational, dining, and related accessory facilities within the area lying south of Atlantic Dunes Park and east of State Road A1A. Section 5. That Section 4.4.9, "General Commercial (GC) District," Subsection 4.4.9 (12)), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the GC Distxict, except as modified in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a) and the North Federal Highway Overlay Distxict by Section 4.4.9(G)(2). 6 ORD. NO. 33-02 ......................... ~ Substance Abuse Treatment Facilities s ect to restrictions set forth in Section 4.3.3(12)). Section 6. That Section 4.413, "Central Business (CBD) Distric¢', Subsection 4.4.13(D), "Conditional Uses and Structures Allowed," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (2)x.,.o...,...,~.x~ AA:-:~--'"--~ .A..,.,......~--~L~ .~..,.A--a ~''"~r~--'- Substance Abuse Treatment Facilities subject to restrictions set forth in Section 4.3.302)). Section 7. That Section 4.4.16, "Professional and Office (POD) District", Subsection 4.4.16 (D), "Conditional Uses and Structures Allowed," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the POD District: (2)..,.o.,.,...~..." __:~A_.-'_~ .A..,........}--t- ~, .~.,.~--: '-'"~r~--- Substance Abuse Treatment Facilities, subject to restrictions set forth in Section 4.3.302)). Section 8. That Section 4.4.17, "Residential Office (RO) District", Subsection 4.4.17 (D), "Conditional Uses and Structures Allowed," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: 02)) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RO District: .......................... ~ Substance Abuse Treatment Facilities: s ect to restrictions set forth in Section 4.3.302)). Section 9. That Section 4.4.21, "Community Facilities (CF) District", Subsection 4.4.21 (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: 02)) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CF District: (1) Health Care, such as: adult congregate living; continuing 7 ORD. NO. 33-02 nursing homes, ~ ................. ~-ag Substance m~_buse ~_Treatment care; homes for the aged; ' . --AA:aA--''-A~ --~A~.--~ ----a fl~_acilifies, subject to the restrictions set forth in Section 4.3.3(12)); hospitals, with or without helipads and associated laboratories, treatment centers, rehabilitation centers, and testing facilities; and mental health treatment facilities including residential care. Se¢fi0n 10. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24 (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: 02)) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: (4) living t~AA:a~--''-.' S'----t.A~ _--a r,_._ Substance Adult congregate facilities, . ........................ /~ Abuse ~Treatment fl_~_acilities subject to restrictions set forth in Section 4.3.3(D~ Child Care, Adult Day Care, Continuing Care, Convalescent Homes, and Nursing Homes. Section 11. That Section 4.6.9, "Off-Street Parking Requirements", Subsection 4.6.9 (C), "Number of Parking Spaces Required", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (C) Number of Parking Spaces Required: The number of parking spaces required for new buildings, new uses, additions, enlargements, or changes shall be determined by the following standards for uses and categories of use and types of parking spaces. (7) Other Uses: (a) Abused Spouse Residence: One space per sleeping room plus one space for each shift employee. (b) A CLF's,°-~:aA-'''-'. A'--t'~':- --a Dr.;g S . b .... . .............. ~ ~.... u stance Abuse Treatment Facilities, and Nursing Homes: Shall provide one space for each four beds. Section 12. That the terms "Non-Residential Substance Abuse Treatment Facility", "Residential Treatment Facility", and "Substance Abuse", and their definitions, contained in Appendix "A" of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same are hereby repealed, and a new definition, "Substance Abuse Treatment Facility" is hereby enacted, to read as follows: SUBSTANCE ABUSE TREATMENT FACILITY 8 ORD. NO. 33-02 A serv/¢e provider or facility that is licensed or required to be licensed pursuant t0 Section 397.~11(18), Fla. Stat. or used for room and board only and in which treatment and rehabilitation arc provided at locations other than the primary residential facility, whether or not the facilities used for room and board and for treatment and rehabilitation are operated under the auspices of the same provider. Section 13. 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 14. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 15. 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: MAYOR CITY CLERK First Reading Second Reading 9 ORD. NO. 33-02 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~/~L~ AGENDA ITEM # CDI..~ . REGULAR MEETING OF AUGUST 6, 2002 ORDINAN(~E NO, 25-02 (AMENDING FUTURE LAND USE MAP) AUGUST 2, 2002 This ordinance is before Commission for second reading to amend the Future Land Use Map (small scale) from CMR (Commerce) in part and GC (General Commercial) in part to CMR (Commerce) and rezoning from MIC (M/xed Industrial and Commercial) in part and GC (General Commercial) in part to MIC (Mixed Industrial and Commercial) for a 1.80 acre parcel of land located at the northwest comer of West Atlantic Avenue and Interstate-95 known as Depot Square Historic Site (former train station - 80 Depot Avenue). The building was constructed in 1926 and is currently the office of an interior decorator and furniture repair. A companion conditional use request has been submitted to allow the usage of the northern portion of the building as a monument and ornamental stone cutting and polishing business including outdoor storage on the northeast side of the property. The interior decorator and furniture repair will continue to utili~.e the southern portion. On June 5, 2002, The Historic Preservation Board considered this request and expressed concerns with respect to the adverse impacts the outdoor storage would have on the historic structure and feels this use is not compatible with the historic nature of the building. The Planning and Zoning Board held a public hearing in conjunction with the request, and no one from the public spoke. After discussing this proposal, the Board unanimously voted to recommend that the request be approved. At the first reading on July 2, 2002, The City Commission passed Ordinance No. 25-02 unanimously. S:\City Clerk\chevelle folder\aflenda menms\Ch'd.25.0Z08.06.02 TO: THRU: FROM: SUBJECT: PAUL DORLING, DIRECTOxR~F PLANNING AND ZONING SCOTT D. PAPE, SENIOR~PLANNER ~,~.~-~~ MEETING OF JULY 16, 2002 CONDITIONAL USE REQUEST TO ESTABLISH A MONUMENT AND ORNAMENTAL STONE CUTTING FACILITY (NATURAL STONE FABRICATION) LOCATED AT THE NORTHWEST CORNER OF INTERSTATE HIGHWAY 95 AND WEST ATLANTIC AVENUE (80 DEPOT ROAD - HISTORIC TRAIN DEPOT). The property is 1.80 acres, and contains the 8,593 sq. ft. train depot which was listed in the National Register of Historic Places in September, 1986 and in the Local Register of Historic Places in October, 1988. The building was constructed in 1926 and has been used as an office for an interior decorator and furniture repair, which are permitted uses in the proposed MIC zoning district. An application has been submitted to change the FLUM designation from General Commercial to Commerce and a rezoning from GC (General Commercial) to MIC (Mixed Industrial and Commercial) and have been processed concurrently with the subject conditional use. These designation changes are necessary as the proposed conditional use is not allowed in the commercial designations. At its meeting of June 17, 2002, the Planning and Zoning Board recommended approval of the proposed FLUM amendment and Rezoning. The applicant proposes to occupy 7,200 square feet of the train depot (northern portion) with a stone cutting business. The use will include outdoor storage along the northeast side of the property. The hours of operation will be 7:00 a.m. to 3:30 p.m. Monday through Saturday and will employee 8 persons. The Historic Preservation Board considered this request on June 5, 2002 and expressed concerns with respect to the adverse impacts the outdoor storage would have on the historic structure. The Board felt that this type of use was not compatible with the historic nature of the building and had particular concern with the outside storage component. At its meeting of June 17, 2002, the Planning and Zoning Board held a public hearing in conjunction with the Conditional Use request and no one from the public spoke. After discussing the proposal, the Board unanimously voted to recommend approval of the Monument and ornamental stone cutting facility subject to the conditions in the attached staff report. Approve the Conditional Use request to establish a Monument and ornamental stone cuffing facility for Natural Stone Fabrication, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and the policies of the Comprehensive Plan, subject to the conditions contained in the attached staff report. Attachment: P&Z Staff Report and Documentation of June 17, 2002 ORDINANCE NO. 25-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM CMR (COMMERCE) IN PART AND GC (GENERAL COMMERCIAL) IN PART TO CMR (COMMERCE) ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMAIJJ SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT AND MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT TO MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE NORTHWEST CORNER OF WEST ATLANTIC AVENUE AND INTERSTATE-95 (FORMER TRAIN STATION DEPOT), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, FEBRUARY, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, The Atlantic Group Holdings, Corp., is the fee simple owner of a 1.80 acre parcel of land located on the northwest comer of West Atlantic Avenue and Interstate-95 (former train station depot); and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map CMR (Commerce) in part and GC (General Commerdal) in part; and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from CMR (Commerce) in part and GC (General Commercial) in part to CMR (Commerce); and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated February, 2002, as being zoned GC (General Commercial) District and MIC (Mixed Industrial and Commercial) District; and WHEREAS, at its meeting of June 17, 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 5 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 Future Land Use Map designation of the subject property is hereby officially affixed as CMR (Commerce). Section 2. That the City of De[ray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 3. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of MIC (Mixed Industrial and Commercial) District for the following described property: See Exhibit A attached hereto and made a part hereof. Section 4. 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 3 hereof. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. 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 7. That this ordinance shall become effective as follows: thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Depatiment 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. 2 ORD. NO. 25-02 PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2002. ATI~ST MAYOR City Clerk Fixst Reading Second Reading 3 ORD. NO. 25-02 EXHIBIT "A" TO ORDINANCE NO. 25-02 PARCEL 1 A parcel of land lying in Section ! 8, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida, said parcel being more particularly described as follows: Commencing at the Northeast comer of said Section 18; Thence with a beating of South 00° 30' 00" East, along the East line of Section 18, a distance of 690.00 feet to a point; thence with a bearing of South 89° 30' 00" West, a distance of 264.00 feet to a point; thence with a beating of South 00° 30' 00" East, along a line 264.00 feet West of and parallel to the East line of Section 18, a distance of 1,280.24 feet to a point; thence with a bearing of South 32° 53' 57" West, a distance of 43.58 feet to a point of curvature; thence with a curve to the left, having a radius of 632.00 feet, an arc length of 215.00 feet to the Point of Beginning: thence with a beating of South 07° 50' 46" West, a distance of 399.94 feet to a point; thence with a beating of South 22° 58' 54" West, a distance of 81.05 feet to a point; thence with a beating of South 81° 46' 47" West, a distance of 17.99 feet to a point; thence with a bearing of North 00° 30' 00" West, a distance of 629.54 feet to a point; thence with a bearing of North 89° 30' 00" East, a distance of 97.15 feet to a point; thence with a curve concave to the West, having an initial tangent bearing of South 07° 04' 59" East, a radius of 541.40 feet, a central angle of 16° 21' 56", an arc length of 154.64 feet to a point; thence with a beating of South 79° 19' 23" East, a distance of 15.62 feet, more or less, to the Point of Beginning. PARCEL 2 A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida, said parcel being more particularly described as follows: Commencing at the Northeast comer of said Section 18, thence with a beating of South 00° 30' 00" East, along the East line of Section 18, a distance of 690.00 feet to a point; thence with a beating of South 89° 30' 00" West, a distance of 264.00 feet to a point; thence with a bearing of South 00° 30' 00" East, along a line lying 264.00 feet West of and parallel to the East line of Section 18, a distance of 670.10 feet to a point; thence with a beating of North 89° 17' 11" West, a distance of 172.85 feet to a point; thence with a bearing of North 89° 16' 05" West, a distance of 30.00 feet to a point; thence with a bearing of South 00° 30' 00" East, a distance of 549.97 feet to the Point of Beginning; thence with a beating of South 89° 16' 05" East, a distance of 51.99 feet to a point; thence with a bearing of South 13° 30' 39" East, a distance of 83.23 feet to a point; thence with a curve concave to the Southwest, having an initial tangent bearing of South 14° 33' 49" East, a radius of 541.40 feet, a central angle of 06° 11' 07", an arc length of 58.45 feet to a point; thence with a beating of South 89° 30' 00" West, a distance of 97.11 feet to a point; thence with a bearing of North 00° 30' 00" West, a distance of 139.89 feet to a point; thence with a beating of South 89° 16' 05" East, a distance of 15.28 feet more or less, to the Point of Beginning. PARCEL A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida said parcel being more particularly described as follows: Commencing at the Northeast comer of Section 18; thence with a beating of South 00° 30' 00" East, along the East line of said Section 18, a distance of 690 feet to a point; thence with a bearing of South 89° 30' 00" West, a distance of 264.00 feet to a point; thence with a bearing of South 00° 30' 00" East, along a line lying 264.00 feet West of and parallel to the East line of Section 18, a distance of 670.10 feet to a point; thence with a bearing of North 89° 17' 11" West, a distance of 172.85 feet to the Point of Beginning; thence with a bearing of South 00° 30' 00" East, a distance of 453.54 feet to a point; thence with a curve concave to the East, having an initial bearing of South 02° 56' 43" East, a radius of 25.00 feet, a central angle of 13° 07' 13", an arc length of 5.72 feet to a point; thence with a beating of South 13° 30' 39" East, a distance of 93.70 feet to a point; thence with a bearing of North 89° 16' 05" West, a distance of 51.99 feet to a point; thence with a bearing of North 00° 30' 00" West, a distance of 549.97 feet to a point; thence with a bearing of South 89° 16' 05" East, a distance of 30.00 feet, more or less, to the Point of Beginning. Subject to a 16 foot Railroad track easement for railroad purposes, being more particularly described as follows: Commencing at the Northeast comer of said Section 18; thence with a beating of South 00° 30' 00" East, along the East line of Section 18, a distance of 690.00 feet to a point; thence with a bearing of South 89° 30' 00" West, a distance of 264.00 feet to a point; Thence with a bearing of South 00° 30' 00" East, along a line lying 264.00 feet West of and parallel to the East line of Section 8, a distance of 670.10 feet to a point; thence with a bearing of North 89° 17' 11" West, a distance of 172.85 feet to a point; thence with a beating of South 00° 30' 00" East, a distance of 222.16 feet to the Point of beginning of the boundary of 16 foot track easement; thence with a bearing of South 00° 30' 00" East, a distance of 39.70 feet to a point; thence with a curve concave to the Northeast, having an initial tangent bearing of North 25° 23' 41" West, a radius of 924.65 feet, a central angle of 04* 51' 58", an arc length of 78.53 feet to a point; thence with a bearing of North 00' 30' 00" West, a distance of 50.31 feet to a point; thence with a curve concave to the northeast, having an initial tangent bearing of South 17° 32' 49" East, a radius of 908.65 feet, a central angle of 05° 34' 34" East, an arc length of 88.43 feet, more or less, to the Point of Beginning Also subject to an easement of ingress and egress over the roadway located on the hereinabove described Parcels 2 and 3 for the purpose of access to the team track West of said property, for so long as said tracks remain in place. And there is further reserved to Amtrak and the public, an easement on ingress and egress over said roadway for the purpose of access to the present Amtrak facility located thereon. 2 ORD. NO. 25-02 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: June 17, 2002 IV. E. Conditional Use Request to Allow the Establishment of a Monument and Ornamental Stone Cutting Facility For Natural Stone Fabrication, Located at the Northwest Corner of West Atlantic Avenue and Interstate-95 (Former Train Station Depot). GENERAL DATA: Owner/Applicant/Agent ..... Location .......................... Property Size .................. Existing FLUM ................ Proposed FLUM ............. Current Zoning ................ Proposed Zoning ............. Adjacent Zoning ....North: East: South: West: Existing Land Use ........... Proposed Land Use ........ Water Service ................. Sewer Service ................. The Atlantic Group Holdings, Corp. Northwest Corner of West Atlantic Avenue and Interstate-95 (Former Train Station Depot). 1.80 Acres GC (General Commercial) & CMR (Commerce) CMR (Commerce) GC (General Commercial) & MIC (Mixed Industrial and Commercial) MIC (Mixed Industrial and Commercial) I (Industrial) MIC (Mixed Industrial and Commercial) & R-I-A (Single ~o'~,, Residential - Ac-oss from Interstate-95) CD (Conservation District- Across from West Atlantic Avenue). MIC (Mixed Industrial and Commercial) Office Buildings Monument and stone cutting facility with attendant showroom. Existing on site. Ex~sting septic tank on site, with drainage field at the southernmost end of property. b.J Z MARTY FLADELL DRIVE IV.E. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a Monumental and ornamental stone cutting use for Natural Stone Fabrication, pursuaht to Section 2.4.5(E). The subject property is located at the northwest corner of Interstate Highway 95 and West Atlantic Avenue (80 Depot Avenue). The property is 1.80 acres, and the property contains the 8,593 sq. ft. train depot which was listed in the National Register of Historic Places in September, 1986 and in the Local Register of Historic Places in October, 1988. The building was constructed in 1926 and has been used as an office for an interior decorator and furniture repair, which are permitted uses in the proposed MIC zoning district. At its meeting of November 25, 1986 the City Commission approved a Future Land Use Map Amendment from Industrial to Commercial and a Rezoning from MI (Medium Industrial) to GC (General Commercial). These were privately initiated applications by the owner of the property. The applicant indicated that change to commercial designations from industrial were appropriate since the use of the property by AMTRAK had ended and that the property was appropriately sited for office and retail uses. These proposed changes were requested despite the lack of access to West Atlantic Avenue. In 1988, site plan approval was requested for the conversion of the 8,593 sq. ft. train station to offices and associated additions to accommodate approximately 11,000 sq. ft. the Historic Preservation Board provided direction to address comments, however the applicant did not re-submit and the file closed. An application has been submitted to use the northern portion of the building as a monument and ornamental stone cutting and polishing business and is now before the Board for action. The conditional use request to establish a Monument and ornamental stone cutting use. The development proposal includes the following: Conversion of 7,200 square feet of the train depot (north portion) to a monument and ornamental stone cutting use. The use involves the cutting and polishing of granite and marble slabs, which will occur within the existing building; Designation of an Outdoor storage area along the northeast side of the property. The applicant proposes no exterior upgrades including landscaping, parking, dumpster enclosures or screening of outdoor storage areas. The hours of operation will be 7:00 P & Z Board Staff Report Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone Cutting Page 2 a.m. to 3:30 p.m., Monday through Sunday. The proposed stone cutting business will employee 8 persons. CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to consistency with the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. With the FLUM amendment to CMR (Commerce) and rezoning to MIC (Mixed Industrial and Commercial), positive findings were made with respect to Concurrency, Comprehensive Plan Consistency and Future Land Use Map Consistency. These findings and Compliance with Land Development Regulations are discussed below. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a GC (General Commercial) in part and CMR (Commerce) in part Future Land Use Map (FLUM) designations and is currently zoned GC (General Commercial) in part and MIC (Mixed Industrial and Commercial) in part. Applications have been submitted to change the FLUM designations to CMR and rezone the property to MIC. The proposed MIC zoning is consistent with the CMR-land use designation. The proposal is to convert a portion of the property for a monument and ornamental stone cutting business. The remainder of the building will be occupied by the existing interior decorator office and furniture repair business. These are allowed uses in the MIC zoning district. Pursuant to the LDR Section 4.4.19(D)(2), within the MIC zone district monumental and ornamental stone cutting is allowed as a conditional use. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. P & Z Board Staff Report Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone Cutting Page 3 Traffic: The applicant has submitted a traffic statement that indicates that the northern 7,200 square feet of the building utilized for an industrial use, will generate 47 average daily trips onto the surrounding read network. The 7,200 square foot building's highest intensity under the existing commercial land use designation may result in a maximum of 170 trips (7,200 sq.ft./1,000x42.92-45%=170 trips). Therefore a reduction in traffic impact is to be expected. Water and Sewer: 1:3 Water service is provided to the site via an 8" water main, which is located along the south side of the property on West Atlantic Avenue. r'l Sewer service is provided via a septic tank system. The drainage field is located along the south side of the property. r'l Adequate fire suppression is provided to the site via an existing fire hydrant along the northeast side of the building. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build-out population based on the current FLUM. Pursuant to the Public Facilities Element Policy A-1.1, existing septic tanks which are located in sewered areas throughout the City shall be removed from use as necessary pursuant to Florida Statutes. There are no sewer mains located adjacent to the property or within reasonable distance to extend to the subject property. The proposed conversion of the commercial property to industrial will decrease the demand on all public services. Thus, a positive finding with respect to this level of service standard can be made. Parks and Recreation: There will be no impact on the City's Parks and Recreation facilities system due to the FLUM and Rezoning changes on the Conditional Use request. Solid Waste: Trash generated each year by the 7,200 square foot stone cutting operation will be will be 16.92 tons per year. The existing 7,200 square foot general commercial generates 26.28 tons per year. The conversion will result in a net decrease in the impact on this level of service standard. It is anticipated that there will be environmental resource recovery equipment required with this use by the Department of Environmental Protection. The applicant will be required to include the location of the equipment with the site plan modification. Based on the above a positive finding can be made that a net reduction of the impacts on these Levels of Service Standards will occur. P & Z Board Staff Report ' ' Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone Cutting Page 4 CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a.finding of overall consistency. COMPREHENSIVE PLAN POLICIES: Future Land Use Element Policy C-1.3 - The City shall concentrate efforts in the heavy industrial and undeveloped areas along arterial roadways in order to provide a better image of the community. Such efforts should include: Enhanced and continuous code enforcement, Regulations which required heavy industrial uses to provide perimeter landscaping of their sites, Owners of vacant property shall provide a landscape appearance of their properties. The applicant has not submitted a conceptual plan for the subject property. A condition of approval is attached that a site plan modification be submitted that addresses perimeter and interior landscaping, parking area, dumpster enclosure, and outdoor storage area improvements. These improvements will be required to address this Policy as well as the Historic Preservation Board's concerns regarding the proposed use at this property and specifically the outdoor storage of material. These issues are addressed as conditions of approval in the attached Exhibit "A." SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The following zoning designations and uses border the property: Direction Zoning Uses North MIC West MIC South CD East MIC & R-1-A Vacant Industrial Preserve Area Industrial & Single Family (Across 1-95) P & Z Board Staff Report Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone Cutting Page 5 The proposed monumental and ornamental stone cutting business will be compatible with the existing industrial uses to the north, east and west. There will be several improvements that will be required such as perimetedinterior landscaping, dumpster enclosure, parking area, and outdoor storage area screening improvements that will be required due'to compatibility to the south, which will be discussed in the following section. The Historic Preservation Board considered this request on June 5, 2002 and expressed concerns with respect to the adverse impacts the outdoor storage would have on the historic structure. The Board felt that this type of use was not compatible with the historic nature of the building and had particular concern with the outside storage component. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: If the Conditional Use is approved a site plan submittal complying with the Land Development Regulations will be required. Along with the Conditional Use request, a survey has been submitted and reviewed by staff. Based upon staff's review of the sketch plan and site inspections, "Technical Items" were identified which are attached as Exhibit "A." Most of the items relate to site plan issues. These items have been transmitted to the applicant and will need to be addressed with the site plan modification submittal. The following regulations relate to the proposed monument and ornamental stone cutting facility. Outdoor Storage: Pursuant to LDR Section 4.6.6(C)(2), materials and equipment stored outside must be screened from view from adjacent public rights-of-way in a manner approved by the Histodc Preservation Board. Outside storage may not be located within a required setback area. It is not intended that sales or customer service be conducted in an area designated for storage. The applicant has indicated that the outdoor storage of supplies will be provided along the northeast side of the property, which is adjacent to Interstate Highway 95. Furthermore, there is no screening provided for this storage area. The setback along this side of the property is 25'. A condition of approval is attached that the outdoor storage area is relocated out of the required 25' setback. It is appropriate to relocate the outdoor storage to the north side of the building to screen it from view from the adjacent 1-95 and West Atlantic Avenue rights-of-way. This together with appropriate screening of the outdoor storage area should address the Historic Preservation Board's concern. Aside from the storage of material, no other element of the stone cutting business may be conducted outside. A condition of approval is attached that the outside operation of the business, besides outdoor storage in a designated area, is prohibited. There are materials currently being stored beneath the depot canopy along the west side of the property. This material contains no screening and is not located in an P & Z Board Staff Report Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone Cutting Page 6 approved outdoor storage area. With the site plan modification, this material must be relocated to a designated outdoor storage area and appropriately screened. Loading Area: Pursuant to LDR Section 4.6.10, a loading area is required and must be designated. The applicant has not indicated where the loading area will be located. A condition of approval is attached that the location of the loading area is provided on the site plan. Dumpster Enclosure: Pursuant to LDR Section 4.6.16(H)(3)(n), all dumpster and refuse areas must be screened. The property contains several dumpster located on the north side of the train depot without any screening. A condition of approval is attached that a dumpster enclosure is provided together with landscaping. The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority) and CRA (Community Redevelopment Agency). Historic Preservation Board (HPB) The HPB reviewed the FLUM amendment, Zoning Map change and Conditional Use at its meeting of June 5, 2002 and recommended approval of the FLUM amendment and Zoning Map change. The Board recognized that the CMR FLUM designation and MIC zoning designation were appropriate for the property. However, the Board did not support the Conditional Use request. The Board felt that the proposed monument and ornamental stone cutting business is an inappropriate use for the train depot. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: PROD President's Council United Property Owners Association 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. P & Z Board Staff Report Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone Cutting Page 7 The proposed conditional use will allow for the adaptive reuse of the train depot, which has struggled as a commercial property. There is a concern that the business be conducted within the building and that the outdoor storage be adequately screened. There are conditions of approval that address these issues. Additionally, a site plan modification must be submitted that address the site specific issues. There are conditions of approval that are attached in Exhibit "A" that address improvements for the property such as parking, landscaping, and dumpster enclosure improvements. Subject to these conditions of approval, the proposed monument and ornamental stone cutting business is consistent with Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan. Positive findings with respect to LDR Section 2.4.5(E)(5) (Conditional Use Findings) can be made. 1. Continue with direction. Recommend approval of the conditional use request for a Monument and ornamental stone cutting for Natural Stone Fabrication based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. Recommend denial of the conditional use request for a Monument and ornamental stone cutting for Natural Stone Fabrication based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, that the proposed use will hinder development or redevelopment of nearby properties. Recommend to the City Commission approval of the conditional use request for a Monument and ornamental stone cutting for Natural Stone Fabrication, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. That a site plan modification be submitted which addresses the "Technical Items" attached in Exhibit "A"; 2. That the outdoor storage area is relocated out of the required 25' setback and appropriately screened; P & Z Board Staff Report ":" Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone Cutting Page 8 3. Aside from the storage of material, any other element of the stone cutting business may not be conducted outside. This will include a prohibition on cutting, polishing anywhere except inside the enclosed building; 4. That the location of the loading area is provided on the site plan; 5. Provide location of any environmental equipment and provide appropriate screening. This equipment should not be visible from offsite; 6. That a dumpster is provided together with landscaping. Attachments: [3 Exhibit A Report prepared by: Scott Pape, Senior Planner P & Z Board Staff Report Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone Cuffing Page 9 10. 11. That a site plan modification be submitted that demonstrates compliance with the Land Development Regulations. Pursuant to LDR Section 4.3.4(H)(6)(b)(3), a special landscape area shall be provided along West Atlantic Avenue, which shall be the smaller distance of either 30' or 10% of the average depth of the property. The property is approximately 1,319' deep, therefore, a 30' special landscape setback from the ultimate right-of-way is required along West Atlantic Avenue. A landscape plan identifying proposed landscape material in this area is required. That a photometric plan be provided that demonstrates compliance with LDR Section 4.6.8. That a revised traffic study is submitted and a letter received from the Palm Beach County Traffic Engineering Division, which indicates that the development proposal complies with the Palm Beach County Traffic Performance Ordinance prior to issuance of a building permit. A type "D" curb shall be required to buffer the landscape areas from the vehicular areas. That the parking area be resurfaced. That perimeter and interior landscaping and landscape islands, in the parking area are provided in accordance with LDR Section 4.6.16(H)(3). All landscape areas shall be irrigated. That the northern 25' of the property be dedicated for Depot Avenue with Road determined by the Development Services Management Group. That the service utilities be placed underground per LDR Section 6.1.8. That the unpaved portions of the adjacent rights-of-way shall be landscaped with sod and irrigated. This includes the small portion along Atlantic Avenue. SETA )ELRA Y AR TIC ICE CONGRESS A VENUE AUTO CENTER MDS WHOLESALE BEAUTY SUPPLIES PALM TRAN N,W 1ST ST. DELRA Y AWNING NOLAND MARTY FLADELL DRIVE ROYAL COMM. PARK OF Z DELRA Y 0 0 CHEVRON KEYS TONE CREATIONS RINKER MA TERIALS N.W 2ND ST. N CITY OF' DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT NATURAL STONE FABRICATION ~ - AREA OF MODIFICATION -- DIGfrAL BASE ii~4P SYSTEM -- MAP RET LM615 TO: THRU: FROM: SUBJECT: SC OTT D. PAP E, SENIOR PL ANNE MEETING OF AUGUST 6, 2002 CONDITIONAL USE REQUEST TO ESTABLISH A MONUMENT AND ORNAMENTAL STONE CUTTING FACILITY (NATURAL STONE FABRICATION) LOCATED AT THE NORTHWEST CORNER OF INTERSTATE HIGHWAY 95 AND WEST ATLANTIC AVENUE (80 DEPOT ROAD - HISTORIC TRAIN DEPOT). The property is 1.80 acres, and contains the 8,593 sq. ft. train depot which was listed in the National Register of Historic Places in September, 1986 and in the Local Register of Historic Places in October, 1988. The building was constructed in 1926 and has been used as an office for an interior decorator and furniture repair, which are permitted uses in both the existing GC zoning district as well as the proposed MIC zoning district. An application has been submitted to change the FLUM designation from General Commercial to Commerce and a rezoning from GC (General Commercial) to MIC (Mixed Industrial and Commercial) and have been processed concurrently with the subject conditional use. These designation changes are necessary as the proposed conditional use is not allowed in the commercial designations. At its meeting of June 17, 2002, the Planning and Zoning Board recommended approval of the proposed FLUM amendment and Rezoning. The applicant proposes to occupy 7,200 square feet of the train depot (northern portion) with a stone cutting business. The use will include outdoor storage along the northeast side of the property. The hours of operation will be 7:00 a.m. to 3:30 p.m. Monday through Saturday and will employee 8 people. The Historic Preservation Board considered this request on June 5, 2002 and expressed concerns with respect to the adverse impacts the outdoor storage would have on the historic structure. The Board felt that this type of use was not compatible with the historic nature of the building and had particular concern with the outside storage component. The request was originally scheduled for the meeting of July 16, 2002, at which time the City Commission tabled the proposed Conditional Use request to a date certain of August 6, 2002. This was done at the request of the applicant who needed additional time to explore other development options for the subject property. At its meeting of June 17, 2002, the Planning and Zoning Board held a public hearing in conjunction with the Conditional Use request and no one from the public spoke. After discussing the proposal, the Board unanimously voted to recommend approval of the Monument and ornamental stone cutting facility subject to the conditions in the attached staff report. Approve the Conditional Use request to establish a Monument and ornamental stone cuffing facility for Natural Stone Fabrication, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and the policies of the Comprehensive Plan, subject to the conditions contained in the attached staff report. Attachment: P&Z Staff Report and Documentation of June 17, 2002 I~), ._~. ~ PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: June 17, 2002 IV. E. Conditional Use Request to Allow the Establishment of a Monument and Omamental Stone Cutting Facility For Natural Stone Fabrication, Located at the Northwest Comer of West Atlantic Avenue and Interstate-95 (Former Train Station Depot). GENERAL DATA: Owner/Applicant/Agent ..... Location .......................... Property Size .................. Existing FLUM ................ Proposed FLUM ............. Current Zoning ................ Proposed Zoning ............. Adjacent Zoning ....North: East: South: West: Existing Land Use ........... Proposed Land Use ........ Water Service ................. Sewer Service ................. The Atlantic Group Holdings, Corp. Northwest Corner of West Atlantic Avenue and Interstate-95 (Former Train Station Depot). 1.80 Acres GC (General Commercial) & CMR (Commerce) CMR (Commerce) GC (General Commercial) & MIC (Mixed Industrial and Commercial) MIC (Mixed Industrial and Commercial) I (Industrial) MIC (Mixed industrial and Commercial) & R-1-A (Single from Interstate-95) CD (Conservation District- Across from West Atlantic Avenue). MIC (Mixed Industrial and Commercial) Office Buildings Monument and stone cutting facility with attendant showroom. Existing on site. Existing septic tank on site, with drainage field at the southernmost end of property. DRIVE MARTY FLADELL ROYAL COMM PARK OF DELRA Y Be,.~-~' RINKER IV.E. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a Monumental and ornamental stone cutting use for Natural Stone Fabrication, pursuant to Section 2.4.5(E). The subject property is located at the northwest corner of Interstate Highway 95 and West Atlantic Avenue (80 Depot Avenue). The property is 1.80 acres, and the property contains the 8,593 sq. ft. train depot which was listed in the National Register of Historic Places in September, 1986 and in the Local Register of Historic Places in October, 1988. The building was constructed in 1926 and has been used as an office for an intedor decorator and furniture repair, which are permitted uses in the proposed MIC zoning district. At its meeting of November 25, 1986 the City Commission approved a Future Land Use Map Amendment from Industrial to Commercial and a Rezoning from MI (Medium Industrial) to GC (General Commercial). These were privately initiated applications by the owner of the property. The applicant indicated that change to commercial designations from industrial were appropriate since the use of the property by AMTRAK had ended and that the property was appropriately sited for office and retail uses. These proposed changes were requested despite the lack of access to West Atlantic Avenue. In 1988, site plan approval was requested for the conversion of the 8,593 sq. ft. train station to offices and associated additions to accommodate approximately 11,000 sq. ft. the Historic Preservation Board provided direction to address comments, however the applicant did not re-submit and the file closed. An application has been submitted to use the northern portion of the building as a monument and ornamental stone cutting and polishing business and is now before the Board for action. The conditional use request to establish a Monument and ornamental stone cutting use. The development proposal includes the following: Conversion of 7,200 square feet of the train depot (north portion) to a monument and ornamental stone cutting use. The use involves the cutting and polishing of granite and marble slabs, which will occur within the existing building; Designation of an Outdoor storage area along the northeast side of the property. The applicant proposes no exterior upgrades including landscaping, parking, dumpster enclosures or screening of outdoor storage areas. The hours of operation will be 7:00 ::--.:. P & Z Board Staff Report Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone Cutting Page 2 a.m. to 3:30 p.m., Monday through Sunday. The proposed stone cutting business will employee 8 persons. CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to consistency with the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. With the FLUM amendment to CMR (Commerce) and rezoning to MIC (Mixed Industrial and Commercial), positive findings were made with respect to Concurrency, Comprehensive Plan Consistency and Future Land Use Map Consistency. These findings and Compliance with Land Development Regulations are discussed below. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a GC (General Commercial) in part and CMR (Commerce) in part Future Land Use Map (FLUM) designations and is currently zoned GC (General Commercial) in part and MIC (Mixed Industrial and Commercial) in part. Applications have been submitted to change the FLUM designations to CMR and rezone the property to MIC. The proposed MIC zoning is consistent with the CMR land use designation. The proposal is to convert a portion of the property for a monument and ornamental stone cutting business. The remainder of the building will be occupied by the existing interior decorator office and furniture repair business. These are allowed uses in the MIC zoning district. Pursuant to the LDR Section 4.4.19(D)(2), within the MIC zone district monumental and ornamental stone cutting is allowed as a conditional use. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. P & Z Board Staff Report Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone Cutting Page 3 Traffic: The applicant has submitted a traffic statement that indicates that the northern 7,200 square feet of the building utilized for an industrial use, will generate 47 average daily trips onto the surrounding road network. The 7,200 square foot building's highest intensity under the existing commercial land use designation may result in a maximum of 170 trips (7,200 sq.ft./1,000x42.92-45%=170 trips). Therefore a reduction in traffic impact is to be expected. Water and Sewer: El Water service is provided to the site via an 8" water main, which is located along the south side of the property on West Atlantic Avenue. El Sewer service is provided via a septic tank system. 'The drainage field is located along the south side of the property. r'l Adequate fire suppression is provided to the site via an existing fire hydrant along the northeast side of the building. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build-out population based on the current FLUM. Pursuant to the Public Facilities Element Policy A-1.1, existing septic tanks which are located in sewered areas throughout the City shall be removed from use as necessary pursuant to Florida Statutes. There are no sewer mains located adjacent to the property or within reasonable distance to extend to the subject property. The proposed conversion of the commercial property to industrial will decrease the demand on all public services. Thus, a positive finding with respect to this level of service standard can be made. Parks and Recreation: There will be no impact on the City's Parks and Recreation facilities system due to the FLUM and Rezoning changes on the Conditional Use request. Solid Waste: Trash generated each year by the 7,200 square foot stone cutting operation will be will be 16.92 tons per year. The existing 7,200 square foot general commercial generates 26.28 tons per year. The conversion will result in a net decrease in the impact on this level of service standard. It is anticipated that there will be environmental resource recovery equipment required with this use by the Department of Environmental Protection. The applicant will be required to include the location of the equipment with the site plan modification. Based on the above a positive finding can be made that a net reduction of the impacts on these Levels of Service Standards will occur. P & Z Board Staff Report Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone Cutting Page 4 CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. COMPREHENSIVE PLAN POLICIES: Future Land Use Element Policy C-1.3 - The City shall concentrate efforts in the heavy industrial and undeveloped areas along arterial roadways in order to provide a better image of the community. Such efforts should include: Enhanced and continuous code enforcement, Regulations which required heavy industrial uses to provide perimeter landscaping of their sites, Owners of vacant property shall provide a landscape appearance of their properties. The applicant has not submitted a conceptual plan for the subject property. A condition of approval is attached that a site plan modification be submitted that addresses perimeter and interior landscaping, parking area, dumpster enclosure, and outdoor storage area improvements. These improvements will be required to address this Policy as well as the Historic Preservation Board's concerns regarding the proposed use at this property and specifically the outdoor storage of material. These issues are addressed as conditions of approval in the attached Exhibit "A." SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The following zoning designations and uses border the property: Direction Zoninq Uses North MIC West MIC South CD East MIC & R-1-A Vacant Industrial Preserve Area Industrial & Single Family (Across 1-95) P & Z Board Staff Report Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone Cutting Page 5 The proposed monumental and ornamental stone cutting business will be compatible with the existing industrial uses to the north, east and west. There will be several improvements that will be required such as perimeter/interior landscaping, dumpster enclosure, parking area, and outdoor storage area screening improvements that will be required due to compatibility to the south,' which will be discussed in the following section. The Historic Preservation Board considered this request on June 5, 2002 and expressed concerns with respect to the adverse impacts the outdoor storage would have on the historic structure. The Board felt that this type of use was not compatible with the historic nature of the building and had particular concern with the outside storage component. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: If the Conditional Use is approved a site plan submittal complying with the Land Development Regulations will be required. Along with the Conditional Use request, a survey has been submitted and reviewed by staff. Based upon staff's review of the sketch plan and site inspections, "Technical Items" were identified which are attached as Exhibit "A." Most of the items relate to site plan issues. These items have been transmitted to the applicant and will need to be addressed with the site plan modification submittal. The following regulations relate to the proposed monument and ornamental stone cutting facility. Outdoor Storage: Pursuant to LDR Section 4.6.6(C)(2), materials and equipment stored outside must be screened from view from adjacent public rights-of-way in a manner approved by the Historic Preservation Board. Outside storage may not be located within a required setback area. It is not intended that sales or customer service be conducted in an area designated for storage. The applicant has indicated that the outdoor storage of supplies will be provided along the northeast side of the property, which is adjacent to Interstate Highway 95. Furthermore, there is no screening provided for this storage area. The setback along this side of the property is 25'. A condition of approval is attached that the outdoor storage area is relocated out of the required 25' setback. It is appropriate to relocate the outdoor storage to the north side of the building to screen it from view from the adjacent 1-95 and West Atlantic Avenue rights-of-way. This together with appropriate screening of the outdoor storage area should address the Historic Preservation Board's concern. Aside from the storage of material, no other element of the stone cutting business may be conducted outside. A condition of approval is attached that the outside operation of the business, besides outdoor storage in a designated area, is prohibited. There are materials currently being stored beneath the depot canopy along the west side of the property. This material contains no screening and is not located in an P & Z Board Staff Report Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone Cutting Page 6 approved outdoor storage area. With the site plan modification, this material must be relocated to a designated outdoor storage area and appropriately screened. Loading Area: Pursuant to LDR Section 4.6.10, a loading area i§ required and must be designated. The applicant has not indicated where the loading area will be located. A condition of approval is attached that the location of the loading area is provided on the site plan. Dumpster Enclosure: Pursuant to LDR Section 4.6.16(H)(3)(n), all dumpster and refuse areas must be screened. The property contains several dumpster located on the north side of the train depot without any screening. A condition of approval is attached that a dumpster enclosure is provided together with landscaping. The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority) and CRA (Community Redevelopment Agency). Historic Preservation Board (HPB) The HPB reviewed the FLUM amendment, Zoning Map change and Conditional Use at its meeting of June 5, 2002 and recommended approval of the FLUM amendment and Zoning Map change. The Board recognized that the CMR FLUM designation and MIC zoning designation were appropriate for the property. However, the Board did not support the Conditional Use request. The Board felt that the proposed monument and ornamental stone cutting business is an inappropriate use for the train depot. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: El PROD El President's Council El United Property Owners Association 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. P & Z Board Staff Report Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone Cutting Page 7 The proposed conditional use will allow for the adaptive reuse of the train depot, which has struggled as a commercial property. There is a concern that the business be conducted within the building and that the outdoor storage be adequately screened. There are conditions of approval that address these issues. Additionally, a site plan modification must be submitted that address the site specific issues. There are conditions of approval that are attached in Exhibit "A" that address improvements for the property such as parking, landscaping, and dumpster enclosure improvements. Subject to these conditions of approval, the proposed monument and ornamental stone cutting business is consistent with Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan. Positive findings with respect to LDR Section 2.4.5(E)(5) (Conditional Use Findings) can be made. 1. Continue with direction. Recommend approval of the conditional use request for a Monument and ornamental stone cutting for Natural Stone Fabrication based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. Recommend denial of the conditional use request for a Monument and ornamental stone cutting for Natural Stone Fabrication based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, that the proposed use will hinder development or redevelopment of nearby properties. Recommend to the City Commission approval of the conditional use request for a Monument and ornamental stone cutting for Natural Stone Fabrication, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. That a site plan modification be submitted which addresses the "Technical Items" attached in Exhibit "A"; 2. That the outdoor storage area is relocated out of the required 25' setback and appropriately screened; ..;: .:: P & Z Board Staff Report Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone Cutting Page 8 3. Aside from the storage of material, any other element of the stone cutting business may not be conducted outside. This will include a prohibition on cutting, polishing anywhere except inside the enclosed building; 4. That the location of the loading area is provided on the site plan; 5. Provide location of any environmental equipment and provide appropriate screening. This equipment should not be visible from offsite; 6. That a dumpster is provided together with landscaping. Attachments: I~ Exhibit A Report prepared by: Scott Pape, Senior Planner P & Z Board Staff Report Natural Stone Fabrication - Conditional Use Request for Monument and Ornamental Stone Cutting Page 9 o 10. 11. That a site plan modification be submitted that demonstrates compliance with the Land Development Regulations. Pursuant to LDR Section 4.3.4(H)(6)(b)(3), a special landscape area shall be provided along West Atlantic Avenue, which shall be the smaller distance of either 30' or 10% of the average depth of the property. The property is approximately 1,319' deep, therefore, a 30' special landscape setback from the ultimate right-of-way is required along West Atlantic Avenue. A landscape plan identifying proposed landscape material in this area is required. That a photometric plan be provided that demonstrates compliance with LDR Section 4.6.8. That a revised traffic study is submitted and a letter received from the Palm Beach County Traffic Engineering Division, which indicates that the development proposal complies with the Palm Beach County Traffic Performance Ordinance prior to issuance of a building permit. A type "D" curb shall be required to buffer the landscape areas from the vehicular areas. That the parking area be resurfaced. That perimeter and interior landscaping and landscape islands in the parking area are provided in accordance with LDR Section 4.6.16(H)(3). All landscape areas shall be irrigated. That the northern 25' of the property be dedicated for Depot Avenue with Road determined by the Development Services Management Group. That the service utilities be placed underground per LDR Section 6.1.8. That the unpaved portions of the adjacent rights-of-way shall be landscaped with sod and irrigated. This includes the small portion along Atlantic Avenue. SA CONGRESS A VENUE AUTO CENTER MOS WHOL£SALE 8£AUTY SUPPLIES PALM TRAN N W 1ST ST DELRA Y AWNING SETA / DELRA Y / AR TIC CENTER/ ICE NOLAND MARTY FLADELL DRIVE KEYSTONE CREA 7'IONS ROYAL COMM. PARK OF DELRA Y CHEVRON RINKER MA TERIA L S N.W. 2ND ST. N CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT NATURAL STONE FABRICATION ~ - AREA OF MODIFICATION --~ DIGITAL ~7,45E' t.44P SYSTEM -- MAP REF U,4615 M MOI ANI UM TO: THRU: FROM: DATE: SUBJECT: David T. Harden, City Manager Lula Butler, Community Improvement Director~--~ ,~ .J~_ Kendra W. Graham, Community Development Administrator ~f~ August 6, 2002 Community Development Block Grant (CDBG) Annual Action Plan (FY 2002 - 2003) ITEM BEFORE THE COMMISSION This item is before the City Commission for Public Hearing and approval of the Annual Action Plan required by the United States Housing & Urban Development Agency (HUD) for utilization of grant funds. BACKGROUND Pursuant to the Housing Act of 1974, HUD requires all local municipalities and urban counties to prepare local housing plan documents as a condition of receiving federal assistance. Federal Regulation 24 CFR Part 91 governs the local housing plan submission requirements. HUD requires that each municipality and urban county submit a consolidated plan each fiscal year. CFR Part 91 requires the City of Delray Beach to develop viable communities by providing decent housing and a suitable living environment and expanding economic opportunities principally for low and moderate income l~ersons. The City's plan to address these issues must be identified in a one plan DELRAY BEACH F L 0 R I D A ill-America Cit 1 993 2001 Annual Action Plan 2002- 2003 David W. Schmidt, Mayor .left Perlman, Vice-Mayor Patricia Archer, Deputy Vice Mayor .1on Levinson, Commissioner Alberta Perry McCarthy, Commissioner David T. Harden, City Manager City of Delray Beach Community Development Division :t00 NW 1~t Avenue Delray Beachf Florida 33444 (56:L) 243-7280 TABLE OF CONTENTS CITY OF DELRAY BEACH ANNUAL CONSOLIDATED ACTION PLAN 2002-2003 Annual Action Plan Executive Summary I. Introduction II. Citizen Participation III. Federal Resources IV. Other Available Resources V. Activities to be Undertaken B. C. D. E. F. G. H. I. J. Housing Rehabilitation Housing Emergency Repair Program Program Administration Demolition Public Facilities and Improvements Economic Development Aid to Victims of Domestic Abuse EPOCH, Inc. Public Services Atlantic Groves VI. Geographic Distribution VII. Homeless and Other Special Needs Activities VIII. Other Actions Undertaken A0 B. C. D. E. Address Obstacles to Meeting Under Served Needs Foster and Maintain Affordable Housing Remove Barriers to Affordable Housing Evaluate and Reduce Lead-Based Paint Hazards Reduce the Number of Poverty Level Families IX. Public Housing and Resident Initiatives B. C. D. Family Self-Sufficiency Program Residents' Association Carver Estates Youth Program City of Delray Beach/DBHA Partnership Initiatives X. Certifications Xi. Monitoring 1 2 3 3-4 4 4-7 7 7 8-9 9-11 12-17 18 Attachments CITY OF DELRAY BEACH ANNUAL CONSOLIDATED ACTION PLAN FY 2002- 2003 (October 1, 2002 - September 30, 2003) EXECUTIVE SUMMARY The City of Delray Beach's Community Development Division operates under the auspices of the Community Improvement Department. In addition to the Community Development Block Grant (CDBG) Program the City receives various additional funding sources aimed at enhancing our community and strengthening our neighborhoods. During the 2002 - 2003 Program Year it is anticipated that the following resources (totaling $3,160,739) will be made available for various planned community development initiatives and programs: Key Sources Amount Program/Source Agency HUD $651,000 CDBG $1,500,000/$300,000 CDBG/Section 108 Loan/ HUD EDI Grant $459,739 SHIP State of Florida $15o,ooo $100,000 UDAG Repayment CRA $3,160,739 Total City of Delray Beach Delray Beach CRA Locations Activities and programs funded via the above sources focus on the area identified as the City of Delray Beach's CDBG Target Area/Neighborhood Revitalization Strategy Area (NRSA), (Lake Ida Road to the North, Linton Boulevard to the South, US 1 to the East and 1-95 to the West). First-time homebuyer program initiatives are provided on a citywide basis; however, priority consideration is given to infill housing efforts within the CDBG Target Area as well. Lead A.qency The City of Delray Beach is the lead agency for all funded activities and grant sources received. Housing Goals Utilizing the combined resources described above, the City plans to accomplish approximately four (4) emergency housing repairs, twelve (12) substantial and minor housing rehabilitation activities, and provide at least twelve (12) new homeownership opportunities under our first-time homebuyer program during this program year. All such activities will serve to directly benefit very Iow and Iow- income families and households. I. INTRODUCTION The Ali-America City of Delray Beach will enter into the third year of implementation of the Five-Year Consolidated Plan. The City will continue to stabilize and revitalize deteriorating conditions in neighborhoods categorized as "rehabilitation areas" in the FY 2000-2005 Consolidated Plan. In addition, the City will continue to focus on the various essential issues and areas of concern identified as a direct result of our successful Visions 2005 Assembly of 1994 and the Visions 2010 Assembly held this year (community visioning and planning process). These issues/concerns primarily relate to youth involvement, comprehensive neighborhood stabilization and revitalization, economic development and redevelopment, crime prevention, public education, govemment coordination and human relations. The City of Delray Beach is extremely proud of our local accomplishments to date under the past Five-Year Consolidated Plan, having received two HUD Best Practice Blue Ribbon Awards in the category of Suitable Living Environment. The City was awarded All- America City status in 1993 and 2001. This year's Action Plan includes (among other things) a description of the City's plan to utilize our formula allocation of federal Community Development Block Grant (CDBG) Program funds. Also discussed in the Federal Resources and Activities to be Undertaken section is a brief overview of the City's application for Section 108 Loan Guarantee funds. The City plans to utilize all program funding for activities and programs consistent with Priority Needs delineated in the Five- Year Consolidated Plan and the statutory requirements to provide decent housing, suitable living environments and expanded economic opportunities, particularly for those with Iow and moderate-incomes. The City's Department of Community Improvement continues to provide concentrated code enforcement, investments in infrastructure, opportunities for increased homeownership and affordable housing infill development initiatives, coordination of neighborhood associations and owner-occupied housing rehabilitation through the programs and investment strategies described in this report. This year's planned use of CDBG funds focuses on the continued preservation and expansion of the City's affordable housing inventory, provision of subsidized child care services and programs for the children of Iow-income families, infrastructure improvements, economic development, drug sales eradication and crime prevention, parks and recreational facilities improvements in the CDBG Target Area, homeless prevention initiatives, and promotion of fair housing education and enforcement. The City will continue to dedicate local resources and leverage various funding sources in an effort to address identified impending community development needs and make significant accomplishments toward our goal of maintaining and promoting a strong community built upon our diversity and civic pride. The CDGB program has been and will continue to be an essential resource dedicated toward the attainment of this goal. II. SUMMARY OF CITIZEN PARTICIPATION INITIATIVES The City of Delray Beach makes a concerted effort each year to involve all interested citizens, organizations, homeowner's associations and other interested persons in our Consolidated Planning process. This year the City increased its efforts to obtain citizen input and direction during the development of our Draft Annual Consolidated Plan (ACP). The City's Annual Needs Assessment meeting was widely advertised and conducted on May 16, 2002 at Pompey Park, a local community/recreational facility located within the NW Section of the City (within the CDBG Target Area). Residents, citizens, applicant organizations and our network of Homeowners Associations were informed of the meeting through advertisement in a local newspaper of general circulation, individual letters, neighborhood newsletters, posted bulletins, (at various community locations), letters to HOA Representatives and the City's Renaissance Housing Program partners, and announcements at various events and meetings throughout the City. The draft plan was made available for review and comment (during the 30-day comment period) at the City of Delray Beach's Community Development Division, Delray Beach Housing Authority and the Municipal Library. The Delray Beach City Commission held a formal Public Hearing on August 6, 2002, for final comments/input and formal approval of the Annual Consolidated Plan. III. FEDERAL RESOURCES During the 2002-2003 Plan Year, the City expects to receive $651,000 in entitlement funds, which are provided annually, and has applied for $1.5 million dollars in Section 108 Loan Guarantee Program funds, which must be accessed through an application process. The Section 108 Loan Guarantee Program is an extension of the federal CDBG program and is designed to finance large-scale projects that address public needs or stimulate economic development. This program provides for a source of financing for community development projects in accordance with Section 108 of the Housing and Community Development Act of 1974 as amended. In addition, the City was awarded an Economic Development Initiatives Grant in the amount of $300,000 which must be used in conjunction with the Section 108 Loan. The actual programs, activities and initiatives to be funded under the formula entitlement and loan application are described in Section V of this document. No other federal resources are expected to be received during the upcoming program year. IV. OTHER AVAILABLE RESOURCES As mentioned in the Executive Summary, the City also expects to receive $459,739 in funding assistance under the State of Florida's State Housing Initiative Partnership (SHIP) Program for the 2002-2003 Program Year. The City's SHIP dollars are targeted to provide increased funding in support of our Owner-occupied Housing Rehabilitation Program and act as the primary funding source for the City's successful first-time homebuyers program. These programs provide homeownership opportunities for families and households at or below 80% of the Median Family Income (MFI) for Palm Beach County. The Delray Beach Housing Renaissance Program (local partnership) utilizes SHIP Program funds in support of new construction activities as well as the acquisition/rehabilitation of existing units. The City also intends to provide $150,000 in funding assistance via revenue received from the repayment of an Urban Development Action Grant (UDAG) investment. The City received UDAG funds from US HUD in the amount of $3.8 million that was subsequently loaned to the developers of Auburn Trace, an affordable multi-family rental housing complex located within the CDBG Target Area (as a component of the project's financing). Funding will be used for Homeowner's Association activities and programs, exterior improvements to residential units within a specified target area, the acquisition of vacant residential parcels for conveyance to very Iow and Iow income households (for infill housing purposes), and other identified community development initiatives. V. ACTIVITIES TO BE UNDERTAKEN CDBG Program funds in the total amount of $651,000 will be utilized in support of the City's holistic approach to community development. Funds will compliment other resources received and utilized to address identified needs. 2002-2003 Program Year funds under the CDBG Program will be utilized in support of the following activities and programs: Owner-Occupied HousinR Rehabilitation (HR) Program Providing for the substantial rehabilitation of approximately five (5) owner- occupied residential homes located within the identified CDBG Target Area (and administrative expenses associated with two full-time positions). All program participants must be determined income-eligible in order to receive assistance. A waiting list of approximately eighteen months to two years currently exists. The primary goal of this program is to enable income-eligible households to maintain a safe, habitable and suitable living environment and assist in stabilizing our neighborhoods. The City is further interested in maintaining (and expanding) its current inventory of affordable units for our citizens. Owner-Occupied Housing Emer.qencv Repair (ER) Pro~ram Providing for the emergency repair of approximately four (4) owner-occupied residential homes located within the identified CDBG Target Area. All program participants must be determined income-eligible in order to receive assistance. Those applicants awaiting assistance under the Housing Rehabilitation Program can receive emergency assistance if the home requires such during the waiting period. Applicants are also considered as emergency situations arise. The primary goal of this program is to enable income-eligible households to remain in their homes following the occurrence of an identified emergency situation. All ER's require verification by the Division's certified Building Inspector and approval by the Division Administrator. CDBG Program Administration Providing for the overall administration of the CDBG Program and Community Development Division. Eligible program administration costs include staff and related costs required for overall program management, coordination, monitoring, reporting, and evaluation. This amount also includes an allocation to the Greater Fair Housing Center of the Palm Beaches, Inc., (FHC) for Fair Housing services in the amount of $2,000. These costs are subject to a statutory limitation of not more than 20% of the annual grant funds plus program income. Demolition This program utilizes funds to demolish undesirable structures to eliminate slum and blighted conditions. Other Public Facilities and Improvements (Installation of Sidewalks) Providing funds for the continued installation of pedestrian sidewalks within the Targeted Area. The selected site(s) will be determined during the course of the program year. Economic Development (FACADE Program & PBC Resource Center) The Facade Program is available to businesses located in the Target Area for improving the exterior appearance of their building. The PBC Resource Center will provide technical assistance to local businesses within the targeted area. Aid to Victims of Domestic Abuse Shelter for homeless abused and battered women. Funds in support of a day- care center to be constructed on site to benefit children of victims residing at the shelter. Expanding and Preserving Our Cultural Heritage, Inc. (EPOCH) Cultural museum showcasing contributions of African-American settlers of Delray Beach. Funds provided in support of a new program "Kids Cultural Club," formed to address the needs of students to understand their cultural heritage. The participants will have the opportunity to become certified docents for the Spady Museum. Public Services Funds in support of various eligible public service activities consistent with needs identified in the City's Five-Year Consolidated Plan and are subject to a 15% cap of annual allocation. All proposed activities serve Iow and moderate-income persons: · Alpha-Time Children's Center Subsidized childcare services for Iow-income children (on site at the Delray Beach Housing Authority complex). Funds were provided in support of one part-time service delivery position. A total of 90 unduplicated children received the direct benefit of this programming effort. · Community Child Care Center Funds in support of subsidized childcare services for Iow and moderate - income persons (limited clientele beneficiaries). Allocation serves to offset the cost of one full-time service delivery position at the childcare center. · Community Neighborhood Helpin.q~ Inc. Funds in support of a grassroots community neighborhood initiative available to Iow income persons. Activities available to participants include tutoring service, counseling sessions, food distribution and organized recreational and social programs for the elderly. · MAD DADS of Greater Delray Beach Drug and Crime Free Community Program goals, including neighborhood stabilization, youth development and family strengthening. Funds are provided in support of two full-time service delivery positions. Over 300 residents received the direct benefit of these programming efforts during the reporting period. Urban League of Palm Beach County Funds are in support of the Urban League Palm Beach County's Comprehensive Housing Counseling Program (housing counseling and emergency intervention programs) for Iow and moderate-income persons. Allocation serves to offset costs associated with one part-time service delivery position in the Delray Beach office. Atlantic Groves The Atlantic Grove project is a 4.6 acre mixed-use development that will be constructed within the target area. The project will consist of twenty (20) commercial spaces, twenty-four (24) condominiums and fifty-five (55) townhouses. It is anticipated that this project will generate approximately 151 new jobs, of which, at least 51% shall be for low- and moderate-income persons. The Section 108 Loan will be used for property acquisition and for other soft costs related to the development, such as marketing, design and permits. The EDI funds will pay the interest on the Section 108 Loan during the first two and one-half years. VI. GEOGRAPHIC DISTRIBUTION All CDBG activities funded under this Plan will be concentrated within the identified CDBG Target Area/NRSA Census Tracts 67, 65.02, 68.02, and 68.01. The CDBG Target Area is identified as Lake Ida Road to the North, Linton Boulevard to the South, US 1 to the East and 1-95 to the West. A location map of the Targeted Area is included. VII. HOMELESS AND OTHER SPECIAL NEEDS ACTIVITIES The City of Delray Beach will continue its commitment to assist the homeless and other special needs populations and those agencies providing direct services. Under this year's CDBG allocation funding support has been allocated to the Urban League of Palm Beach County in support of their Comprehensive Housing Counseling Program and emergency intervention programs in an effort to prevent homelessness as well as assist persons with special needs in locating and obtaining affordable housing. The City's Housing Renaissance Program (first- time homebuyer's) strives to assist those families and households that are considered to have special needs as well. The Community Development Division staff is directly involved with the Homeless Coalition of Palm Beach County, Inc., and serves in various committee positions in an effort to address homelessness and the needs of very Iow-income persons throughout the County. The Division is also involved through membership on the Steering Committee of the Palm Beach County Affordable Housing Collaborative. VIII. OTHER ACTIONS UNDERTAKEN The City of Delray Beach's Community Improvement Department has received accolades for its holistic approach to community development, including targeted code enforcement, a diversity of funded activities, programs and initiatives, and our commitment to long range goals established through our community driven Visions process. The City has received two Blue Ribbon "Best Practices" awards from HUD for its programs and services. In addition, the City hosted its 2nd Annual Neighborhood Summit which provided workshop opportunities for participants to develop leadership skills, broaden their knowledge of available resources to help sustain their neighborhoods and hear how other neighborhood residents and staff are making a difference in their communities. A. Address Obstacles to Meeting Under Served Needs The City of Delray Beach is committed to meeting the vadous and diverse needs of its citizens. On an on-going basis the City is involved with numerous initiatives and has successfully formed various essential collaborative agreements with area agencies and service provider organizations focused on meeting the needs of our citizenry. Our various programming efforts utilizing CDBG, SHIP, and general revenue funds allow us to impact numerous needy families and households on an annual basis. Our unique network of Homeowner's/Neighborhood Associations fosters communication throughout the City at the neighborhood and resident level. Each and every obstacle is addressed as it presents itself to the City and the Community Improvement Department. B. Foster and Maintain Affordable Housing The City's commitment to affordable housing is witnessed by our successful and award winning programs and initiatives. The City is committed to the preservation of its current inventory of affordable residential housing units through the availability of several essential on-going rehabilitation programs and neighborhood beautification initiatives. We are equally committed to the expansion of this inventory through our Housing Renaissance program, utilizing key funding made available under the SHIP Program. During the upcoming program year alone the City anticipates an increase in the current inventory of affordable units (approximately 12). C. Remove Barriers to Affordable Housing The City's Local Housing Assistance Plan (LHAP) delineates steps taken to eliminate barriers to affordable housing throughout the City. Our local Housing 8 Renaissance Program (partnership) assists the City in overcoming many of the barriers traditionally faced. Currently the City is experiencing a shortage of vacant parcels (for infill housing purposes) due to title marketability issues. Discussion is currently underway regarding the possible waiver of minimum lot size requirements in support of affordable housing unit production. This initiative is an example of one barrier that the City is currently and actively attempting to address. In addition, the City has awarded CDBG assistance to the Greater Fair Housing Center of the Palm Beaches, Inc., in support of Fair Housing education and enforcement. D. Evaluate and Reduce Lead-Based Paint Hazards The City continues to educate homeowners and homebuyers regarding the hazards of lead based paint. All units constructed prior to 1978 (and receiving assistance from CDBG programs) where children were present are visually inspected to determine the condition of all painted surfaces. If the surfaces show signs of chipping or peeling, the unit will be tested for lead based paint. If detected, all potential health risks associated with lead based paint are explained to the homeowner/homebuyer. Rehabilitation Program staff strongly recommends testing for elevated blood levels and treatment if necessary. The unit is then evaluated to determine the necessary measures to be taken in order to create a safe environment for the family occupying the particular unit. The City follows Interim Controls and/or Abatement of lead based paint hazards according to Title X. E. Reduce the Number of Poverty Level Families The City's holistic approach to community development provides various programming efforts and initiatives (as described throughout this document) aimed at reducing the number of poverty level families. Various partnerships with area social service and housing provider agencies greatly increase the effectiveness and efficiency of our commitment. IX. PUBLIC HOUSING AND RESIDENT INITIATIVES The Delray Beach Public Housing Authority (PHA) continued its commitment to improve the quality of life for both Public Housing and Section 8 residents. DBHA programs provide viable, substantial alternatives to participation in crime and drug activities. They are also designed to promote true self-sufficiency through economic development. The following programs are among the strategic and tactical plans undertaken to be consistent with the goals of the Consolidated Plan. A. Family Self-Sufficiency Program The DBHA's Family Self-Sufficiency (FSS) Program provided economic support and case management to approximately 53 Section 8 and 13 Public Housing tenants. The FSS program provides a holistic approach to service delivery that includes homeownership, childcare, adult education, vocational training, social and economic counseling, employment counseling and placement, medical, transportation and schools. A family-centered approach is utilized as well, so that the needs of each family member are addressed. To date the program has assisted over 16 families in obtaining homeownership and several families are in the process of purchasing a home. The ultimate goal of the program is to reduce families' dependency on housing and economic subsidies by providing significant linkages to sources for employment, education and other services consistent with this goal. Residents' Association The Carver Estates Residents Association is an active entity serving as the voice for the community. The association meets monthly to discuss relevant issues of the community and to provide feedback to the Housing Authority regarding its management and customer service. Attendance at its monthly meetings averages 35 residents. Carver Estates Youth Pro.qram The mission of the Carver Estates Youth Program (CEYP) is to encourage and nurture positive lifestyles by offering academic, recreational, cultural and social programs for the youngsters of Carver Estates. There are approximately 400 children living in the public housing complex. The CEYP serves up to 50 children from grades K-12. The DBHA provides an annual contribution of $15,000 plus in-kind services to the Carver Estates Youth Program's $168,000 budget. The remaining funds are provided through the Children's Services Council, the previously mentioned Cultural Council and private donations. City of Delray Beach/DBHA Partnership Initiatives 1. Homeownership Pro.qram The DBHA contributes subsidy monies as a partner in the "Best Practices" award winning Delray Beach Housing Renaissance Program. Subsidies contributed by the Housing Authority are targeted towards the lower income family (below 60% of median). Since the beginning of the program the DBHA has assisted over 21 families with the purchase of new homes. During this reporting period the City of Delray Beach partnered with the DBHA to acquire a 3.08 tract of land to jointly develop and facilitate the construction 10 of approximately eight (8) new affordable houses for first-time homebuyers qualifying under the established very Iow and Iow-income guidelines for families. 2. Security and Crime Prevention Through its partnership with the City of Delray Beach, the DBHA has been provided two full-time Community Oriented Police Officers in addition to a special security detail that was first contracted through a 1992 Public Housing Drug Elimination Grant. This added security allows for the continued enforcement of the "One Strike, You're Out" policy. Additionally, the Authority was granted $60,000 in 1998 PHDEP funds to provide for the installation of secudty cameras at the Public Housing complex. The security cameras have been installed and are monitored daily. Future PHDEP funds will be used to fund drug prevention activities for the youth of Carver Estates. 3. Walkway Improvements During this reporting period, the City of Delray Beach provided $20,000 in CDBG Program funds to improve existing and install new walkways within the Caver Estates complex. X. CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug-free workplace by: Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - (a) (b) (c) (d) The dangers of drug abuse in the workplace; The grantee's policy of maintaining a drug-free workplace; Any available drug counseling, rehabilitation, and employee assistance programs; and The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 12 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or bo Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti-Lobbying - To the best of the jurisdiction's knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing of attempting to influence an office or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant loan, or cooperative agreement; In any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee or Congress, of an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction - The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan - The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 - It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Date Title 13 Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation - It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105... Community Development Plan - Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of Iow and moderate income. (See CFR 24 570.2 and CFT 24 part 570). Following a Plan It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds - It has complied with the following criteria: 1) Maximum Feasibility Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that is has developed its Action Plan so as to give maximum feasibility priority to activities which benefit Iow and moderate income families of aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2) Overall Benefit. The aggregate use of CDBG funds including Section 108 guaranteed loans during program year(s) 2002 (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of Iow and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 Loan Guarantee funds by assessing any amount against properties owned and occupied by persons of Iow and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not Iow income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force - It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil dghts demonstrations within its jurisdiction;.; Compliance with Anti-discrimination laws - The grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964 (42 USC 2000(d)), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint - Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with the requirements of 24 CFR {}570.608; Compliance with Laws - It will comply with applicable laws. Signature/Authorized Official Date Title APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS 1. Lobbyin.q Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 2. Dru.q-Free Workplace Certification a. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). If the Workplace identified to the agency changes dudng the performance of the grant, the grantee shall inform the agency of the change(s). If it previously identified the workplaces in question (see paragraph three). f. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) City of Delray Beach 100 NW 1st Avenue Deiray Beach, Florida 33444 Check ~ if there are workplaces on file that are not identified here. 16 The certification with regard to the drug-free workplace is required by 24 CFR part 24, subpart F. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Scheduled I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including (1) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees or subrecipients or subcontractors in covered workplaces). 17 Xl. MONITORING The City of Delray Beach will continue to monitor CDBG funded projects, activities, initiatives and subrecipients in accordance with regulations and statutes governing all such activities. The CD Division is currently revising its process for monitoring sub-recipient agencies that receive funding assistance for public service related activities. The Division is currently developing a revised and improved Audit Control System as well. Construction supervision of rehabilitation activities is conducted by certified inspection staff during the entire rehabilitation/improvement process. Sub-recipients of CDBG funding assistance enter into a written formal agreement/contract with the City of Delray Beach; this agreement was developed in accordance with governing regulations. COMMUNITY DEVELOPMENT BLOCK GRANT TARGET AREA 22 E~.~ 26 E,,C~ 27 29 (.'3 ~ ' 0 ~o ~ o=~ ~o ~ ~ 8 ~ ~ · -o~o~O ~ m= ~ "' o~'= E . ~ ~ ~ 'c 0 ~ O~ ~ .~ ~ ~ ~ .. ._ -~ 30 32 35 FUNDING SOURCES FY 2002-2003 Entitlement Grant (includes reallocated funds) CDBG $651,000 ESG $0 HOME $0 HOPWA $0 Total Prior Years' Program Income NOT previously programmed or reported CDBG $0 ESG $0 HOME $0 HOPWA $0 Total Reprogrammed Prior Years' Funds CDBG $0 ESG $0 HOME $0 HOPWA $0 Total Total Estimated Program Income Economic Development Initiatives Grant Section 108 Loan Guarantee Fund TOTAL FUNDING SOURCES Other Funds Submitted Proposed Projects Total Un-Submitted Proposed Projects Total $651,000 $0 $0 $o $300,000 $1,500,000 $2,451,000 $0 $2,449,950 $ 1,050 37 NEEDS ASSESSMENT MEETING Thursday, May 16, 2002 6:30 P.M. Pompey Park 11 O1 NW 2na Street City of Delray Beach Community Improvement Department Community Development Division The meeting was opened by Lula Butler, Director of Community Improvement. She gave a brief statement of purpose before presenting an overview of the City's current Community Development programs and services. Mrs. Butler reviewed the City's past program performance and outlined the City's proposed spending plan for Fiscal Year 2002-2003 CDBG funds ($651,000). At this point public comment and input was solicited as to the proposed spending plan and as to other identified needs relating to housing and non-housing community development needs of low and moderate-income citizens residing in the CDBG Target Area. Comments from the public included general inquiries regarding the timetable for receiving and reviewing applications, the boundaries of the CDBG Target Area, and general inquiries regarding eligible activities. Mrs. Butler introduced City Commissioner Jeff Perlman, City Commissioner Jon Levinson and City Commissioner Pat Archer and also representatives of the organizations that were chosen to receive funding under the proposed Fiscal Year 2002-2003 program. Vince Larkins, Fair Housing Center of the Palm Beaches, thanked the City for selecting his agency to receive funding and asked if additional funding could also be provided to address other community needs relating to housing issues. This funding did not necessarily have to be provided to his agency. Mrs. Butler advised Mr. Larkins that CDBG requirements allow for 15% of the total allocation to be spent on public services. Since the proposed 2002-2003 allocation did not increase, and as no new requests were received, agencies receiving funding remained the same. Therefore, in order to accommodate his request, one of the existing approved agencies funding would have to be cut or reduced. Mrs. Butler stated that now was the time to make any suggested changes to the proposed funding plan and that she would present all suggestions to the City Commission. No suggestions were forthcoming. A question regarding activities carried out by the Community Neighborhood Helping, Inc. organization was referred to its founder, Edith Thompson. With no further comments or questions the meeting was adjourned. Prepared by: l~e~a W. Graham Community-- Development Specialist Date: June 25, 2002 38 City of Dekay Beach Community Improvement Department Community Development Division 30-DAY PUBLIC COMMENT PERIOD Notice of the availability of the City's proposed Consolidated Annual Action Plan (Plan) was advertised June 28, 2002, in a newspaper of general circulation. The Plan was made available for review to the public at three locations throughout the City during the 30-day public comment period (6/28/02 - 7/29/02). A letter was received 7/9/02 from Dorothy Ellington, Executive Director of the Delray Beach Housing Authority, expressing her desire to be informed of any job opportunities that would be created if the City receives approval of $1.5 million in Section 108 Loan Guarantee funds for the development of the Atlantic Groves project. The project, if approved, is expected to create a minimum of 52 jobs for very-low, low and moderate income persons. Mrs. Ellington would like to ensure that the residents of the Carver Estates public housing complex are given priority consideration for these jobs. The Community Development Division responded to Mrs. Ellington's letter on July 25, 2002. 39 INSERT EXCERPT FROM PUBLIC HEARING DEALING WITH ANNUAL ACTION PLAN AND CERTIFICATION FROM CITY CLERK THAT THE EXCERPT IS A TRUE AND CORRECT COPY OF THE OFFICIAL MINUTES OF THE AUGUST 6, 2002 CITY COMMISSION MEETING Application for Federal Assistance 1. Type of Submission Application [] Construction [] Non-Construction Pre-application [] Construction [] Non-Construction IData Subm~ttad (mm/dd/yyyy) 8/07/02 Date Received by State (mm/dd/yyyy) Date Received by Federal Agency (mm/dd/yyyy) NO. 0348-0043 Applicant Identifier State Apphcat~on Identdier Federal Identifier 5 Applicant Information ~gal Name City of Delray Beach Addross (g~ve c~, count, State, and mp code) Attn: Lula Butler 100 N.W. 1st Avenue Delray Beach, Florida 33444 6 Employer Identification Number (EIN) (xx-yyyyyyy) 8 Type of Appllcaflon: [] New [] Continuation [] Revision If Revision, enter appropriate letter(s) In box(es)' [] [] A. Increase Award B. Decrease Award C. Increase Duration D Decrease Duration Other (specify) 10 Catalog of Federal Domestic Assistance Number (xx.yyy) CDBG 218 12. Arace Affected by Project (c~(ies, counties, States, etc ) Delray Beach, Florida Organ~zabonal Umt Community Development Division Name and telephone number of the person to be contacted on matters revolving thru apph~tlon (gwe aroa code) Kendra W. Graham (561) 243-7280 7 Type of Applicant (enter appropriate letter in box) [-~ A. State J. Private University B. County K. indian Tdbe C Municipal L Individual D. Township M. Profit Organization E. Interstate N Nonprofit F, inter, municipal O Public Housing Agency G. Special District P. Other (Specify) H. Independent School Dist. I. State Controlled Institution of Higher Learning 9. Name of FadaroI Agen~ U. S. Department of HousinR & Urban Development 11 ~acrlptive Title of ~pllcant'c Pr~ect Community Development Block Grant 13 Propoead Project Start Date (mm/dd/yyyy) Ending Date (mm/dd/yyyy) 10/01/02 09/30/03 15. Estimated Funding 14 Congroaaional Districts of a Apphcant b. Project 23 23 j16. ie Application Subject to Review by State Executive Order 12372 Process? a. Yes This pre-application/application was made available to the State Executive Order 12372 Process for review on: Complete form HUD-424-M, Funding Matrix Date (mm/dd/yyyy) No [] Program is not covered by E.O. 12372 or [] Program has not been selected by State for review. 17. Is the Applicant Delinquent on Any Federal Debt? [] Yes If "Yes," attach an explanation [] No 18. To the best of my knowledge and belief, all data in this application/pre-application are true and correct, the document has been duly authorized by the govermng body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded. a Typed NameofAuthor~.ed Representabve David T. Harden d. Signature of Authorized Representabve b T~tie City Manager lc. Telephone Number (Include Area Code) (561) 243-7280 e Date S~gned (mrrddd/yyyy) Previous Edition Usable form SF-424 (7/97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 OMB Approval No. 2501-0017 (exp. 03/31/2005) Federal Assistance Funding Matrix The applicant must provide the funding matrix shown below, listing each program for which Federal funding is being requested, and complete the certifications. Program* Applicant Federal State Local Other Progra~ Total Share Share Share Income ..CDSG $0 $651,000 $0 $0 $0 $0 $651,000 Grand Totals $0 $651,000 $0 $0 $0 $0 $651,000 * For FHIPs, show both initiative and component Instructions for the HUD-424-M Public reporting burden for this collection of information is estimated to average 45 minutes per response, including the time for reviewing instructions, seamhing existing data soumes, gathering and main- taining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number. This form is to be used by applicants requesting funding from the Department of Housing and Urban Development for application submissions for Federal assistance. Enter the following information: Program: The HUD funding program you are applying under. Applicant Share: Enter the amount of funds or cash equivalent of in-kind contributions you are contributing to your project or program of activities. Federal Share: Enter the amount of HUD funds you are requesting w~th your apphcation. State Share: Enter the amount of funds or cash equivalent of in-kind services the State is contributing to your project or program of activities. Local Share: Enter the amount of funds or cash equivalent of in- kind services your local government is contributing to your project or program of activities. Other: Enter the amount of other sources of private, non-profit, or other funds or cash equivalent of in-kind services being contributed to your project or program of activities. Program Income: Enter the amount of program income you expect to generate and contribute to this program over the life of your award. Total: Please total all columns and fill in the amounts. Authorized for local reproduction Page I form HUD-424-M (3/2002) ref. OMB Circular A-102 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM [ 0 ~)- REGULAR MEETING OF AUGUST 6, 2oo2 % ORDINANCE NO, 31-02 (ANNEXATION OF ELEVEN PARCELS LAND) AUGUST 2, 2002 OF This is second reading and public hearing for Ordinance No. 31-02 which annexes into the City eleven (11) parcels of land located north of Lake Ida Road between Barwick Road and Military Trail. The associated Future Land Use Map (FLUM) amendment establishing the initial City zoning of PRD (Planned Residential Development) and PC (Planned Commercial), and City Future Land Use Designations of LD (Low Density, 0-5 units/acre) and GC (General Commercial) is incorporated in Comprehensive Plan Amendment 2002-01. The subject properties are currently located in unincorporated Palm Beach County and have a County Zoning Designation of AR (Agricultural Residential), RTU (Residential Transitional Urban), and CG (General Commercial); and County Future Land Use Map Designation of County CHO/8 (Commercial High Office - 8 units/acre), and MR-5 (Medium Density - 5 units/acre). The properties are located within the City's Planning Area (Future Annexation Area) and are being processed as a voluntary annexation at this time. The 54.5 acres has a variety of existing land uses including single family, vacant, and agricultural/commerciaL On May 20, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request. Three members of the public spoke regarding additional information and clarification with respect to densities and location of uses. After discussion, the Board voted 6-0 to recommend that the request be approved, based upon positive findings with respect to Section 2.4.5(C)(4) of the Land Development Regulations, policies of the Comprehensive Plan, and compliance with Florida Statute Chapter 171.044 as follows: 1. The property is contiguous, reasonably compact and does not create an enclave. 2. Services will be provided to the properties in a timely and efficient manner. At the first reading on July 16, 2002, the City Commission passed the Ordinance No. 31-02 unanimously. Recommend approval of Ordinance No. 31-02 on second and final reading. S:\Cay Clerk\chevelle folder\agenda memos\Ord 31-02.08.06.02 CITY COMMiSSiON DOCUMENTATION TO: THRU: FROM: SUBJECT: DAVID T~~~Y. MANAGER ANNEXATION (PURSUANT TO FLORIDA STATUTE 171.044), OF ELEVEN (11) PARCELS OF LAND CONTAINING APPROXIMATELY 54.5 ACRES LOCATED NORTH OF LAKE IDA ROAD BETWEEN BARWICK ROAD AND MILITARY TRAIL. ~',iil~,~ ~ ...... ', BACKGROUND The subject properties are currently located in unincorporated Palm Beach County within the City's Planning Area (Future Annexation Area, Area E). The property consists of eleven (11) parcels of land which are currently owned by the City of Delray Beach, and are being processed as voluntary annexations at this time. There is a variety of existing land uses on the subject parcels, including: single family, vacant, and agricultural/commercial uses. The proposal is to annex the property into the City, and maintain their current County Zoning of AR (Agricultural Residential) and County Future Land Use Designation of MR5 (Medium Residential, 5 units/acre). A Future Land Use Map amendment is being processed separately with Comprehensive Plan Amendment 2002-1 (02-1), in order to establish the initial City zoning of PRD (Planned Residential Development) and PC (Planned Commercial), and City Future Land Use Designations of LD (Low Density, 0-5 units/acre) and GC (General Commercial). Positive findings with can be made with respect to LDR Section 2.4.5(C)(4) in that the annexation is consistent with Future Land Use Element Objective B-3, and that it complies with Florida Statute Chapter 171.044, as the property is contiguous, reasonably compact, does not create an enclave, and that services will be provided to the subject properties in a timely and efficient manner. I ....... c0,s AN BOARD DERJATiON At its meeting of May 20, 2002, the Planning and Zoning Board considered the request at a public hearing. Three members of the public spoke during the public comment portion of the annexation request. All three people requested additional information and clarification with respect to densities and location of uses, none were specifically opposed to the request. After reviewing the staff report and discussion, the Board voted 6 to 0 (Randolph absent), to recommend approval. By motion, approve on first reading the ordinance for Annexation of the eleven (11) properties, based upon the findings and recommendation by the Planning and Zoning Board, and set a public hearing date of August 6, 2002. Attachment: · P & Z Staff Report of May 20,2002. · Annexation Ordinance s:~ P&Z~boards~citycomrnlsslon~BarwickAreaANX-CCDocc. doc ORDINANCE NO. 31-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED SOUTH OF THE L-30 CANAL, BETWEEN BARWICK ROAD AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, City of Delray Beach is the fee simple owner of a 54.5 acre parcel of land located South of the L-30 Canal, between Barwick Road anti Military Trail; and WHEREAS, the City of Delray Beach has requested by voluntary petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex hnds in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of County CHO/8 (Commercial High Office - 8 Units/Acre), and MR5 (Medium Residential - 5 units/acre); and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a zoning designation of County AR (Agricultural Residential), RTU (Residential Transitional Urban), and CG (General Commercial); 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 May 20, 2002 and voted 6 to 0 to recommend that the annexation be approved based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOI.I.OWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: See Exhibit A attached hereto and made a part hereof. The subject property is located South of the L-30 Canal, between Barwick Road and Mih'tary Trail. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Dekay Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise spedfically initiated by the City pursuant to current requirements and conditions. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. 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 7. That this ordinance shall become effective immediately upon its passage on second and final reading. 2 ORD NO. 31-02 PASSED AND ADOPTED in regular session on second and final reading on this the day of ., 2002. ATrEST MAYOR City Clerk First Reading Second Reading 3 ORD NO. 31-02 EXHIBIT "A" LEGAL DESCRIPTION Parcel A: PCN: 00-42-46-12-00-000-3040 12-46-42, SLY 274.88 FT OF W 1/2 OF SW 1/4 OF SW 1/4 OF NW 1/4 (LESS W 60 FT MILITARY TRAIL RD R/W) together with, Parcel B: PCN: 00-42-46-12-00-000-3170 12-46-42, E 1/2 OF SW 1/4 OF SW 1/4 OF NW 1/4 together with, Parcel C: PCN: 0042-46-12-00-000-3020 12-46-42 W 1/2 OF SE 1/4 OF SW 1/4 OF NW 1/4 together with, Parcel D: PCN: 00-42-46-12-00-000-3210 12-46-42 E 1/2 OF SE 1/4 OF SW 1/4 OF NW 1/4 together with, Parcel E: PCN: 00-42-46-12-00-000-3201 12-46-42, WLY 232.13 FT OF SW 1/4 OF SE 1/4 OF NW 1/4 (LESS S 40 FT CANAL R/W) together with, Parcel F: PCN: 0042-46-12-00-000-3025 12-46-42, E 1/2 OF NE 1/4 OF SW 1/4 OF NW 1/4 together with, Parcel G: PCN: 00-42-46-12-00-000-3220 12-46-42, W 1/2 OF NW 1/4 OF SE 1/4 OF NW 1/4 together with, Parcel H: PCN: 00-42-46-12-00-000-3021 12-46-42 E 1/2 OF NW 1/4 OF SE 1/4 OF NW 1/4 together with, Parcel I: PCN: 00-42-46-12-00-000-3023 12-46-42, W 1/2 OF SW 1/4 OF NE 1/4 OF NW 1/4 (LESS E 25 FI) together with, Parcel J: PCN: 00-4246-Z1-00-000-3026 12-46-42 NW 1/4 OF NE 1/4 OF NW 1/4 (LESS N 140.25 FT L-30 CNL R/W) & E 25 FT OF W 1/2 OF SW 1/4 OF NE 1/4 OF NW 1/4 together with, Parcel K: PCN: 00-42-46-12-00-000-3180 12-46-42, NE 1/4 OF NE 1/4 OF NW 1/4 (LESS E 40 FT BARWICK RD R/W, N 140 FT L-30 CNL R/W & S 159 FT OF N 299 FT OF W 209 FT OF E 249 FI) 4 ORD NO. 31-02 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: May 20, 2002 IV. G. City Initiated Annexation for Several Parcels Located South of the L-30 Canal, Between Barwick Road and Military Trail. GENERAL DATA: Owner/Applicant ............... Location .......................... Property Size .................. Existing FLUM ................ Proposed FLUM ............. Current Zoning ................ Proposed Zoning ............. Adjacent Zoning ..... North: East: South: West: Existing Land Use ............ City of Delray Beach Located South of the L-30 Canal, Between Barwick Road and Military Trail. 54.5 Acres County CliO/8 (Commercial High Office - 8 Units/Acre) -& MR5 (Medium Residential- 5 Units/Acre) Same County AR (Agricultural Residential) & CG (General Commercial) Same County AR (Agricultural Residential) & RS (Single Family Residential) County AR (Agricultural Residential) & City of Delray Beach R-l-AA (Single Family Residential) City of Delray Beach RM (Multiple Family Residential) County AR (Agricultural) & GC (General Commercial) & PUD (Planned Unit Development) Residential, Vacant, & Agricultural/Commercial IV.G. The item before the Board is that of making a recommendation on a City initiated Annexation (pursuant to Florida Statute 171.044), for eleven (11) parcels of land containing-approximately 54.5 acres located north of Lake Ida Road between Barwick Road and Military Trail. LDR Section 2.4.5 (C) provides rules and procedures for the processing of this petition The subject parcels are currently in unincorporated Palm Beach County. The parcels are located in City's Planning Area, known as Annexation Area "E" (the North Military Trail Area), as noted in the Future Land Use Element Policy B-3.5 of the Comprehensive Plan. All parcels were recently purchased by the City of Delray Beach, and are being processed as voluntary annexations. For identification purposes, each of the eleven parcels have been given an "arbitrary number._ These numbers correspond to numbers assigned to each parcel at the onset of acquisition by the City and are attached as reference map A. The numbering system is being maintained throughout the report to provide continuity and ease of identification. The existing land uses for each of eleven properties are as follows: Parcel lA has a vacant boarded up single family structure; Parcels 1, 3, 4 and 8 are vacant; Parcels 2 and 11 contain single family homes; Parcels 9, 10, 17, and 18 have agriculture\commercial uses (nurseries). The proposal before the board is to immediately annex all 11 parcels into the City. The adoption of City Future Land Use Map and Zoning designations will follow with the processing of Comprehensive Plan Amendment 02-1, currently in process (tentative adoption September 3, 2002). Pursuant to Florida Statute 171.062 as the area being annexed is subject to a county land use plan and county zoning these regulations will remain in force and effect until the municipality adopts a comprehensive plan amendment which includes the annexed area. As indicated above the City Land Use Map and Zoning designations are being processed separately. Planning and Zoning Board Staff Report City Owned Parcels Annexation Page 2 Comprehensive Plan Amendment 02-01 proposes a Residential Low Density (LD) 0-5 units per acre Future Land Use Map designation and Planned Residential Development (PRD) zoning for parcels 2, 3, 4, 8, 9, 10, 11, 17, and 18; and a General Commercial (GC) Future Land Use Map designation and Planned Commercial (PC) zoning for parcels lA and 1. Currently all parcels with exception of Parcel #lA have a County Future Land Map Designation of MR-5 (Medium Residential- 5 units/acre). Parcel #lA has a County designation of CHO-8 (Commercial High Office - 8 units/acre). County Zoning designations for parcels include a combination of Agriculture (parcels 1, 3, 4, 8, 9, 10, 11, 17 and 18), Residential (parcel 2) and General Commercial (parcel lA). Florida Statutes Governing Voluntary Annexations: Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and -reasonably comp_a_ct may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality; or, (2) any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. The property is contiguous with the City, is reasonably compact and the annexation does not create an enclave. All properties with the exception of Parcels 1 and lA currently take access from Barwick Road as opposed to Military Trail. Therefore, the annexation parcels as well as other parcels accessible from Barwick Road not subject to annexation, make up an existing enclave which is being reduced by this action. Parcels 1 and lA take access from Military Trail and are considered part of the greater unincorporated area to the west. The annexation of these parcels reduces the unincorporated areas extension east of Military Trail. Planning and Zoning Board Staff Report City Owned Parcels Annexation Page 3 Land Development Requlations Governinq Annexations: Pursuant to the Land Development Regulations Section 2.4.5 (C) (1) "the owner of land may seek the annexation of contiguous property, under his/her ownership" pursuant to Florida Statutes. The property owner (the City) has voluntarily petitioned for this annexation. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Desiqnated Annexation Area: The territory to be annexed is located within designated Annexation Area "E" on the east side of Military Trail north of Lake Ida Road. Annexation of the territory is consistent with Future Land Use Element Policy B-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. CONCURRENCY: Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Element Policy B-3.1). The -following is a discussion of required services and the manner in which they will be provided. Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress, which serves the South County area. The property lies within Sheriff patrol zone 4. Zone 4 is bordered by El Clair Ranch Road on the west, the Atlantic Ocean on the east, Boynton Beach on the north, and Atlantic Avenue to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower. Fire and Emergency Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick & Lake Ida Roads). With annexation, the property will receive an improvement in response time from the current 5.5 minutes of the County Fire Department (Indian Springs/Military Trail and Woolbright Road) to approximately 3 minutes for the City's Fire Department (Fire Station No. 4 at Barwick and Lake Ida Roads). Planning and Zoning Board Staff Report City Owned Parcels Annexation Page 4 Water: There are existing distribution lines associated with several developments in the area i.e. "The Colony" (northeast corner of Military Trail and the L-30 canal)"Barwick Ranch", and "Sabal Lakes". As the area is proposed for development water main extensions will be required. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build-out. Sewer: Sewage mains and a new lift station sized for future development have been constructed as part of the infrastructure improvements of "the Colony" subdivision. With development of the properties additional sewer main extensions will be required. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: The properties have access from either Military Trail or Barwick Road. Additionally, two local roads provide access from Barwick Road into the properties, 133 Road South and Palm Ridge Boulevard. Depending on the development pattern additional local roads internal to future residential development are anticipated with redevelopment of the property. Military Trail and Barwick Road are under the jurisdiction of Palm Beach County and the ~jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. The development of the property under the current County MR-5 (Medium Residential 0-5 units per acre) and CH-O (Commercial High Office) and the proposed City designations LD (Low Density 0-5 units per acre) and GC (General Commercial) would be similar with the exception of an increase with the change of designation for parcel 1. With future development site plan approval will be required along with a full analysis of the traffic impact. However, there is adequate capacity on Military Trail to accommodate additional trips under either scenario. Parks and Open Space: The annexation of the-property to accommodate future residential and commercial development will have some impact on park and recreational facilities. However, part of the future development of the area includes a public park site. The provision of new neighborhood parks has been identified as a future need in the City's recently completed Parks and Recreation Master Plan. Further, a park impact fee is required with residential development, which will fund additional recreational facilities. Solid Waste: The future development of this area will continue to have similar solid waste impacts. The solid waste authority has indicated they have sufficient capacity to service this area. The service provider will not change, as described later in this report. Planning and Zoning Board Staff Report City Owned Parcels Annexation Page 5 Financial Impacts,: Effect Upon Annexed Property: For the 2001 tax year the subject property had an assessed value of $1,718,690 (taxable value of $1,668,690.). With the change from County to City jurisdiction, the following taxes and rates will be affected: Ad Valorem Taxes Millage With Annexation Fire/Rescue MSTU Library City of Delray Beach City of Delray Beach Debt 3.05 Deleted (County) .5403 Deleted (County) 7.37 Added (City) .63 Added (City) 4.4097 Difference* · Total tax millage in the County is 19.9292 mills while in the City the total millage rate is 24.3389 mills. The current yearly ad valorem taxes are $ 33,255. With annexation the yearly ad -valorem taxes wilLbe $ 40,614; a tax difference of $7,359. In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. For non- residential units the assessment fee is calculated using the following formula (Cf sq.ft, of impervious area/2,502) X $54. A 25% discount from the assessment is available if drainage is retained on site. Also a 25% discount from the assessment is available because the subject property is located within the Lake Worth Drainage District. Upon annexation no fee would be applicable for the vacant parcels and there would be nominal fees to the developed parcels which contain single family structures and small nursery buildings of similar size (5 buildings at $27 each for a total of $135.00). It is noted this fee will increase significantly with development of the property. Solid Waste Authority - This annexation area is serviced by BFI, and the City's contract is currently through BFI (Browning-Ferris Industries). Therefore, the waste service provider will remain with BFI upon annexation. Occupational License Fees - The future commercial development on parcel 1 and lA will be subject to new business occupational license fees. Planning and Zoning Board Staff Report City Owned Parcels Annexation Page 6 Resulting Impacts to Property Owner: FINANCIAL CONSlDE~TIONS: AD VALOREM T~ES +$ 7,359 (Change from 01/02 County of 19.6117 to City 01/02 rate 24.1242 mills.(4.5125) NON AD VALOREM Stormwater Assessment $135.00 ANNUAL FINANCIAL IMPACT: +$ 7,494 SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from (estimated time) 5.5 minutes (County) to 3.0 minutes (City) EMS + Faster response time from (estimated time) 5.5 minutes (County) to 3.0 minutes (City) POLICE + Better response based upon more officers in field. CODE ENFORCEMENT + Pro-active vs. reactive opportunity to work with property owners Fiscal Impacts to the City: At the 2001/2002 City operating millage rate of 7.37 mills and debt rate of 0.63 mills, the property will generate approximately $13,349 in new City ad valorem taxes per year. With future development, additional revenues will be realized through increased assessment value, building permit fees, the annual collection of the stormwater assessment fee as well as utility taxes (9.5% electric, 7% telephone, 8.7% gas) and franchise fees on electric, telephone, gas, and cable. Planning and Zoning Board Staff Report City Owned Parcels Annexation Page 7 REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(C) (4), the City Commission must make findings that the annexation is consistent with Objective B-3 of the Future Land Use Element, and complies with F.S. 171. As stated above, the subject property is located within a designated annexation area, Area E. Its annexation is consistent with the Objective B-3 of the Future Land Use Element. Also, the annexation complies with Florida States Statutes Section 171 as it pertains to annexations. The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Palm Beach County Notice: On April 10, 2002 the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date, a response has not been received. JPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Intedocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: r3 Progressive Residents of Delray [] President's Council [] Sabal Lakes r3 Rainberry Woods [] Country Manor [] Chatelaine [] United Property Owners [] Barwick Estates Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Planning and Zoning Board Staff Report Annexation of City owned Barwick parcels Page 8 Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its Planning and Service Area. The associated application of City Future Land Use Map and initial Zoning designations are being processed separately as part of Comprehensive Plan 02-01. Pursuant to Florida Statute 171.062 as the area being annexed is subject to a county land use plan and county zoning these regulations remain in force and effect until the municipality adopts a comprehensive plan amendment. The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services. The property will experience an increase in ad valorem taxes. The City will receive additional revenue from property taxes, in addition to storm water assessment fees, utility taxes, franchise fees, and licensing fees upon development. If the annexation is approved, it is anticipated that development proposals will be solicited through the Request for Proposal process. Compatibility of specific development proposals with the adjacent developments will be addressed with the review of the related site and development plan processes. Concurrency review including traffic conctJFrency will be conducted at that time. A. Continue with direction. Recommend approval of the Annexation based upon positive findings with respect to LDR Section 2.4.5(C)(4) that the annexation is consistent with Future Land Use Element Objective B-3 and complies with Florida Statute Chapter 171 as to the following: That the property is contiguous, reasonably compact and does not create an enclave; and, That services will be provided to the property in a manner similar to other similar properties within the City. C. Recommend denial of the Annexation, with the basis stated. A. Recommend approval of the Annexation based upon positive findings with respect to LDR Section 2.4.5(C)(4) that the annexation is consistent with Future Land Use Element Objective B-3 and complies with Florida Statute Chapter 171 as to the following: Planning and Zoning Board Staff Report Annexation of City owned Barwick parcels Page 9 · That the property is contiguous, reasonably compact and does not create an enclave; and, · That services will be provided to the property in a manner similar to other similar properties within the City. Attachments: [3 Location Map I~ Aerial map of properties [~ Overall map This Report prepared by: Paul Doding, Planning and Zoning Director PALM RIDOE BLVD. AR AR AR 'MR5' ~ MR5' 133 SOUTH v^cVAC SFRVAC  ,AR RTLt AR ~'7/a MR~ 'MRS MR5 IIIBIIBIIII IIlI IIBIIBIIBIIIIIIBIIBIIBIIB IIBIIBIIBIIIIIBIIBIIB IIIIIIII IIBIIBIIBIIICITY LIMITS. IIBIllI 133 ROAr L-51 CANAL N MAY 2002 .... CITY LIMITS ....... {~1 - ID PARCEL (5.0) - ACREAGE CITY OF DE[RAY BEACH. FL PLANNING & ZONING DEPARTMENT CITY OWNED PARCELS ANNEXATION AGR -"- EXISTING LAND USE AR ~ COUNTY ZONING DESIGNATION MR5-..---COUNTY FUTURE LAND USE MAP DESIGNATION AGR COM SFR VAC -AGRICULTURE AR, RTU - RESIDENTIALZONING - COMMERCIAL CG - COMMERCIAL ZONING - SINGLE FAMILY MR5 - RESIDENTIAL LAND USE, 5 UNITS/ACRES - VACANT CEO/8 - COMMERCIAL HIGH OFFICE LAND USE -- O/G/lrAL ,~ISE MAP SYSI'EM --- MAP REF LM5g2 N MARCH 2OO2 .... CITY LIMITS ....... (~- SITE (5o) - ACREAGE CITY OF DELRAY BEACH, FL PLANNING ~ ZONINGOEPARTMENT SITE ANNEXATION PC NUMBERS 00-42-46-12-00-000-3040 00-42-46-12-00-000-3170 00-42-46-12-00-000-3020 00-42-46-12-00-000-3210 00-42-46-12-00-000-3201 00-42-46-12-00-000-3025 00-42-46-12-00-000-3220 PARCELS SITE WINTERPLACE P.U D. PC NUMBERS 00-42-46-12-00-000-3023 00-42-46-12-00-000-3021 00-42-46-12-00-000-3026 00-42-46-12-00-000-3180 00-42-46-12-20-001-0000 -- OI~'ITAL BASE It, tAP St~jI'Etl -- ~AP REF LM592 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER[r/v]4~ AGENDA ITEM [ O ~ . REGULAR MEETING OF AUGUST 6, 2002 ORDINANCE NO, $2-02 (ANNEXATION/PLAT OF WINTERPLACE) AUGUST 2, 2002 This is second reading and public hearing for Ordinance No. 32-02 which annexes into the City the plat of Winterplace Subdivision, now known as the Colony at Delray Beach, located on the east side of Military Trail, approximately one-half (1/2) mile north of Lake Ida Road, just south of the LWDD L-30 Canal. The associated Future Land Use Map (FLUM) amendment establishing the initial City zoning of PRD (Planned Residential Development) and City Future Land Use Designations of LD (Low Density, 0-5 units/acre) is incorporated in Comprehensive Plan Amendment 2002-01. The subject property is currently located in unincorporated Palm Beach County and has a County Zoning of PUD (Planned Unit Development) and County Furore Land Use Map Designation of MR- 5 ('Medium Density - 5 units/acre). The property is located within the City's Planning Area (Future Annexation Area) and is being processed as a voluntary annexation pursuant to a water service agreement dated March 8, 2000. The 34.6 acre property contains 151 zero lot line single family homes. On May 20, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request. No one from the public spoke. After discussion, the Board voted 6-0 to recommend that the request be approved, based upon positive findings with respect to Section 2.4.5(C)(4) of the Land Development Regulations, policies of the Comprehensive Plan, and compliance with Florida Statute Chapter 171.044 as follows: 1. The property is contiguous, reasonably compact and does not create an enclave. 2. Services will be provided to the properties in a timely and effident manner. At the first reading on July 16, 2002, the City Commission passed the Ordinance No. 32-02 unanimously. Recommend approval of Ordinance No. 32-02 on second and final reading. S:\City Clerk\chevelle folder\agenda memo~\Ord 32-0Z08.06.02 ORDINANCE NO. 32-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER OF THE L-30 CANAL AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Colony of Palm Beach is the fee simple owner of a 34.6 acre parcel of land located at the Southeast comer of the L-30 Canal and Military Trail; and WHERF~S, the City of Delray Beach has requested by voluntary petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map (FLUIV0 designation of County MR5 (Medium Residential - 5 units/acre); and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a zoning designation of County PUD (Planned Unit Development District); 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 May 20, 2002 and voted 6 to 0 to recommend that the annexation be approved based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DFJ,RAY BEACH, FLORIDA, AS FOI.LOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: All of the plat of Winterplace (Plat Book 89, Page 179, as recorded in the Public Records of Palm Beach County, Florida) The subject property is located at the Southeast comer of the L-30 Canal and Military Trail. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. 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 7. That this ordinance shall become effective immediately upon its passage on second and final reading. 2 ORD NO. 32-02 PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2002. ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD NO. 32-02 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner/Applicant ............... Location .......................... Prope~y .Size .................. Existing FLUM ................ Proposed FLUM ............. Current Zoning ................ Proposed Zoning ............. Adjacent Zoning ..... North: East: South: West: Existing Land Use ............ Proposed Land Use ......... Water Service .................. Sewer Service .................. May 20, 2002 IV. H. City Initiated Annexation for the Winterplace Subdivision (aka The Colony at Delray Beach), Located at the Southeast Corner of the L-30 Canal and Military Trail. Colony of Palm Beach Located at the Southeast Corner of the L-30 Canal and Military Trail. 34.6 Acres County MR5 (Medium Residential- 5 units/acre) Same County PUD (Planned Unit ~-- ~A"A', L-SO , '.--.I -- ii ! ~ [ LAKE IDA ROAD Development) Same County AR (Agricultural Residential) & RTU (Residential Transitional Urban) AR (Agricultural Residential) AR (Agricultural Residential) & RS (Single Family Residential) PO (Public Ownership District) & AP, (Agricultural Residential) Residential Same as existing Existing on site Existing on site IV.H. The item before the Board is that of making a recommendation on a City initiated Annexation (pursuant to Florida Statute 171.044), for a parcel located at the southeast corner of Military Trail and the L-30 canal. The 34.B acre parcel is a subdivision known as "The Colony" which is currently under construction. LDR Sections 2.4.5 (C) provide rules and procedures for the processing of this petition. On February 4, 1994, the City Commission approved a water service agreement for the subject property. The agreement was to allow the establishment of a wholesale nursery operation (Southern Ornamental Plants) along with the construction of a proposed 2,000 sq.ft, building to house the office function of the business. In December 1993, the applicant approached the Palm Beach County Health Unit to obtain a well permit to service the operation. Since the property is in the City's Planning Area, the Health Unit referred the request to the City. As ~the property was not contiguous to the City, execution of a water service agreement was appropriate in-lieu of annexation. At its meeting of September 5, 1995, the City Commission approved a Future Land Use Map amendment for the property from the City's advisory Future Land Use Map designation of Rural Residential to City Low Density Residential 0-5 du/ac, which was processed in conjunction with Comprehensive Plan Amendment 95-1. This also created consistency with the County's designation of the property of MR-5 (Medium Density Residential - 5 units per acre). On December 19, 1996, a request was received for the execution of a water service agreement in conjunction with a master/concept plan for a proposed single family zero lot line development. Because the existing water service agreement was related to a proposed nursery and not a planned residential development, a new water service agreement was necessary. On January 27, 1997, the Planning and Zoning Board approved a conceptual master plan for Winterplace PUD and recommended approval to the City Commission of the water service agreement. The approval was for a 173 single family homes on the property. On February 4, 1997, the City Commission approved the water service agreement for the proposed development. The approved development proposal expired In August 1999 and was resubmitted for consideration by the City and the County concurrently. On Planning and Zoning Board Staff Report Annexation of Colony Subdivision Page 2 September 8, 1999, the Palm Beach County Development Review Committee approved the conceptual development plan for the 151-unit Winterplace PUD. On October 11, 1999 the Planning and Zoning Board approved a master plan for a 151-unit Winterplace PUD in conjunction with a new City water service agreement. The City Commission approved the water service agreement on November 2, 1999. The property has changed hands and the approved subdivision currently known as "The Colony" is now under construction. The parcel is located within the City's Planning Area, more particularly described as a portion of Annexation Area "E" (the North Military Trail Area), as per the Future Land Use Element Policy B-3.5 of the Comprehensive Plan. The water service agreement executed on March 8"~ 2000 includes a clause which acknowledges that the agreement represents a voluntary petition for annexation pursuant to FS 171.044 at the time the property becomes eligible (i.e. contiguous to the City ). With the annexation of City owned property immediately to the east the property will be contiguous and therefore eligible for annexation. The proposal before the Board is to immediately annex the subdivision into the City. The adoption of City Future Land Use Map and Zoning designation will follow with the processing of Comprehensive Plan Amendment 02-1, currently in process (tentative adoption September 3, 2002). Pursuant to Florida Statute 171.062 as the area being annexed is subject to a county land use plan and county zoning these regulations remain in force and effect until the municipality adopts a comprehensive plan amendment which includes the annexed area. However, all new construction after the effective date of the annexation will require building permits to be pulled through the City versus Palm Beach County. The City Future Land Use Map designations and initial Zoning designations proposed as part of Comprehensive Plan Amendment 02-01 will be Residential Low Density (LD) 0-5 units per acre and Planned Residential Development (PRD) respectively. The current County Land Use Map designation is MR-5 (Medium Residential 0-5 units per acre) and the Zoning designation is PUD (Planned Unit Development). Florida Statutes Governinq Voluntary Annexations: Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and Planning and Zoning Board Staff Report Annexation of Colony Subdivision Page 3 reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F.S. 171.044 (5)"land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". Pursuant to F.S. 171.031(13), an "enclave" is (1) any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality; or, (2) any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. The property is contiguous with the City, is reasonably compact and the annexation does not create an enclave. This parcel will be considered for annexation immediately after the City owned parcels to the east are annexed thereby making this development contiguous. Land Development Requlations Governinq Annexations: Pursuant to the Land Development Regulations Section 2.4.5 (C) (1) "the owner -of land may seek the annexation of contiguous property, under his/her ownership" pursuant to Florida Statutes. The property owner (Brighton homes) and several homeowners who have closed on their lots) are bound by the water service agreement which runs with the land and includes a voluntary annexation clause. Therefore, this is being considered a voluntarily petition for annexation. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Designated Annexation Area: The territory to be annexed is located within designated Annexation Area "E" on the east side of Military Trail north of Lake Ida Road. Annexation of the territory is consistent with Future Land Use Element Policy B-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities adse. CONCURRENCY: Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Element Policy B-3.1). The following is a discussion of required services and the manner in which they will be provided. Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress, which serves the South County area. The property lies within Sheriff patrol zone 4. Zone 4 is bordered by El Clair Planning and Zoning Board Staff Report Annexation of Colony Subdivision Page 4 Ranch Road on the west, the Atlantic Ocean on the east, Boynton Beach on the north, and Atlantic Avenue to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower. Fire and Emergency Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick & Lake Ida Roads). With annexation, the property will receive an improvement in response time from the current 5.5 minutes of the County Fire Department (Indian Springs/Military Trail and Woolbright Road) to approximately 3 minutes for the City's Fire Department (Fire Station No. 4 at Barwick and Lake Ida Roads). Water: There are new distribution lines which have been recently installed with -the on going development of the property. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build-out. Sewer: Sewage mains and a new lift station sized for future development have been constructed as part of the infrastructure improvements of "The Colony" development. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: The properties have access from Military Trail. Military Trail is under the jurisdiction of Palm Beach County and the jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. Parks and Open Space: The annexation of the property to accommodate 151 new single family residential units will have some impact on park and recreational facilities. However, the City far exceeds the level of service standard of 3 acres of recreation/open space use area per 1,000 residents. However, neighborhood parks have been identified as a future need in the City's recently completed Parks and Recreation Master Plan. The annexation of adjacent property will include a neighborhood park component which will help meet this need. Additionally, upon annexation an impact fee of $500 per unit will be applied to new residential building permits, which will be utilized to fund additional recreational resources. Planning and Zoning Board Staff Report Annexation of Colony Subdivision Page 5 Solid Waste: The annexation will have no affect on the solid waste impacts as the development will be built out per the development plan. The solid waste authority has indicated they have sufficient capacity to service this area. The service provider will not change, as described later in this report. Financial Impacts: Effect Upon Annexed Property: For the 2002 tax year the subject property had an assessed value of (taxable value of $2,718,000). This represents vacant lot value of $18,000 x 151 lots. With development the average assessed value is estimated at $216,386 per lot for a total value of $32,674,286. With the change from County to City jurisdiction, the following taxes and rates will be affected: Ad Valorem Taxes Millage With Annexation Fire/Rescue MSTU Library City of Delray Beach 'City of Delray Beach Debt 3.05 Deleted (County) .5403 Deleted (County) 7.37 Added (City) .63 Added (City) 4.4097 Difference* Total tax millage in the County is 19.9292 mills while in the City the total millage rate is 24.3389 mills. The current yearly ad valorem taxes are $54,167. With annexation the yearly ad valorem taxes will be $66,153; a tax difference of $11,986. It is noted with build out of the development these totals would be $651,172 and $795,249 respectively resulting in a difference of $144,077. In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. For non- residential units the assessment fee is calculated using the following formula (# sq.ft, of impervious area/2,502) X $54. A 25% discount from the assessment is available if drainage is retained on site. Also a 25% discount from the assessment is available because the subject property is located within the Lake Worth Drainage District. Upon annexation an average annual fee of $27 per lot (assuming a 2,500 sq.ft, impervious coverage) or a total of $4,077 will result. Solid Waste Authority - This annexation area is serviced by BFI, and the City's contract is currently through BFI (Browning-Ferris Industries). Therefore, the waste service provider will remain with BFI upon annexation. Planning and Zoning Board Staff Report Annexation of Colony Subdivision Page 6 Occupational License Fees -There will be no revenue associated with residential development. Resulting Impacts to Property Owner: DEL~Y~ PROFESSIONAE OFFICE CENTER FINANCIAL CONSIDERATIONS: AD VALOREM TAXES (Change from 01/02 County of 19.9292 to City 01/02 rate 24.3389 mills.(4.4097) NON AD VALOREM Stormwater Assessment-overall Per unit avera~.j& (2,500 sq. ft.) ANNUAL FINANCIAL IMPACT: TOTAL FOR 151 UNITS PER UNIT (Undeveloped) $ 11,986 (Developed) $144,077 (Undeveloped) $ -0- (Developed) $ 4,077 (Undeveloped) $ 11,986 (Developed) $148,154 79.37 954.15 -0- $27.OO $ 79.37 $981.15 SERVICE CONSIDERATIONS: FIRE RESPONSE EMS POLICE + Faster response time from (estimated time) 5.5 minutes (Count)/) to 3.0 minutes (City) + Faster response time from (estimated time) 5.5 minutes (Count)/) to 3.0 minutes (City) + Better response based upon more officers in field. CODE ENFORCEMENT + Pro-active vs. reactive opportunity to work with property owners Fiscal Impacts to the City: At the 2001/2002 City operating millage rate of 7.37 mills and debt rate of 0.63 mills, the property will generate approximately $21,744 (undeveloped) and $261,394 (developed) in new City ad valorem taxes per year. With future development, additional revenues will be realized through increased Planning and Zoning Board Staff Report Annexation of Colony Subdivision Page 7 assessment value, building permit fees, the annual collection of the stormwater assessment fee as well as utility taxes (9.5% electric, 7% telephone, 8.7% gas) and franchise fees on electric, telephone, gas, and cable. REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(C) (4), the City Commission must make findings that the annexation is consistent with Objective B-3 of the Future Land Use Element, and complies with F.S. 171. As stated above, the subject property is located within a designated Annexation Area E. Its annexation is consistent with the Objective B-3 of the Future Land Use Element. Also, the annexation complies with Florida States Statutes Section 171 as it pertains to annexations. The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). 'Palm Beach Codnty Notice: On April 10, 2002 the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date, a response has not been received. IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: Progressive Residents of Delray President's Council Hamlet Chatelaine Sherwood Forest Country Manor Sabal Lakes United Property Owners Barwick Estates Rainberry Woods Public Notice: Formal public notice has been provided to all property owners subject to the annexation and surrounding property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Planning and Zoning Board Staff Repod Annexation of the Colony Subdivision Page 8 Accommodating the annexation of this property is consistent with the Oity's program for annexation of territory within its Planning and Service Area. The associated application of City Future Land Use Map and initial Zoning designation is being processed separately as part of Comprehensive Plan 02-01. Pursuant to Florida Statute 171.062 as the area being annexed is subject to a county land use plan and county zoning or subdivision regulations these regulations remain in force and effect until the municipality adopts a comprehensive plan amendment. The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services. The property will experience an increase in ad valorem taxes. The City will receive additional revenue from property taxes, in addition to storm water assessment fees, utility taxes, franchise fees, and licensing fees upon development. If the annexation is approved, building permits for new construction must be processed through the City. A. Continue with direction. Recommend approval of the Annexation based upon positive findings with respect to LDR Section 2.4.5(C)(4) that the annexation is consistent with Future Land Use Element Objective B-3 and complies with Florida Statute Chapter 171 as to the following: That the property is contiguous, reasonably compact and does not create an enclave; and, That services will be provided to the property in a manner similar to other similar properties within the City. C. Recommend denial of the Annexation, with the basis stated. Ao Recommend approval of the Annexation based upon positive findings with respect to LDR Section 2.4.5(C)(4) that the annexation is consistent with Future Land Use Element Objective B-3 and complies with Florida Statute Chapter 171 as to the following: · That the property is contiguous, reasonably compact and does not create an enclave; and, Planning and Zoning Board Staff Report Annexation of the Colony Subdivision Page 9 · That services will be provided to the property in a manner similar to other similar properties within the City. Attachments: 121 Location Map D Aerial map of property D Overall map This Report prepared by: Paul Dorling, Planning and Zoning Director L-50 CANAL < . j-- AGR -- 1~-/~ ........ J ~ ' ~ ' ~ -0~~~~ PINE TREE DRI~ - . / .' 4 1 r ' , ' ' ~ ' "~ AGR ' = ~SFRi SFR[ .... ~ ' ~ PALM RIDGE BLVD ~ ~ I RANCH __ = .- ~ I MR5 ~ ~ ~ ~ . , I' ~...._ I I -- I ,, ! I [ L....] -- ~1 I II I II I I1 I II I II I II I II I II I II I 11 I II ICITY LIMITSI II ~ L-31 i WINTERPLACE ANNE~TION MAY 2002 AR ~ COUN~ ZONING DESIGNATION , AGR EXISTING LAND USE MR5~COUN~ FUTURE ~ND USE I I I Ill I I I I MAP DESIGNATION CI~ LIMITS AGR - AGRICULTURE AR, RTU - RESIDENTIAL ZONING I COM - COMMERCI~ CG - COMMERCIAL ZONING I CITY OF DE~AY BEACH, FL SFR- SINGLE FAMILY MR5 - RESIDENTI~ ~ND USE, 5 UNITS/ACRES PLANNING & Z~ING DEPAR~ENT VAC - VACANT CHO/~ - COMMERCI~ HIGH OFFICE ~D USE -- D/~ ~sg ~P s~ -- TO: THRU: FROM: SUBJECT: DAVID)T. HARDEN, CITY MANAGER PAUL DORLIN,~ING AND ZONING DIRECTOR J~ASMIN A~ANNER MEETING OF AUGUST 6, 2002 ANNEXATION, SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM COUNTY MD (MEDIUM DENSITY RESIDENTIAL - FIVE DU/AC) TO CITY LD (LOW DENSITY RESIDENTIAL - ZERO TO FIVE DU/AC)~ AND INITIAL ZONING OF R-l-AAA (SINGLE FAMILY RESIDENTIAL DISTRICT) FOR A PARCEL OF LAND LOCATED ON THE WEST SIDE OF BARWICK ROAD, APPROXIMATELY 260 FEET NORTH OF THE L-31 CANAL (13341 BARWICK ROAD) The 0.88 acre property is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential) zoning designation. The property is located within the City's Planning Area (Future Annexation Area) and the owner is seeking voluntary annexation at this time. The property contains an existing 2,677 square foot one-story single family home. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of July 15, 2002, the Planning and Zoning Board held a public hearing in conjunction with the requests. There was no public testimony regarding the proposal. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the requests 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), and that the property is contiguous, reasonably compact and does not create an enclave; and, that services will be provided to the property in a manner similar to other similar properties within the City. By motion, approve on first reading the ordinance for Annexation, the FLUM amendment from County MD (Medium Density Residential - Five Dwelling Units Per Acre) to City LD (Low Density Residential - Zero to Five Dwelling Units Per Acre), and the initial zoning designation of R-l-AAA (Single-Family Residential District), based upon the findings and recommendation by the Planning and Zoning Board and set a public hearing date of August 20, 2002. Attachments: P & Z Staff Report of July 15, 2002 ORDINANCE NO. 35-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND ON THE WEST SIDE OF BARWICK ROAD, APPROXIMATELY 260 FEET NORTH OF THE L-31 CANAL (13341 BARWICK ROAD), AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO THE CITY; REDEFINING THE CITY'S BOUNDARIES TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING LAND USE DESIGNATION OF LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC) FOR SAID LAND TO THE FUTURE LAND USE MAP IN THE CITY'S COMPREHENSIVE PLAN; RI.ECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMAIJ. SCALE PLAN AMENDMENTS; PROVIDING FOR ZONING SAID LAND R-l-AAA (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Bruce J. Koeser and Lin& R. Koeser are the fee simple owners of a 0.88 acre parcel of land located on the west side of Barwick Road, approximately 260 feet north of the L-31 Canal (13341 Barwick Road); and WHEREAS, Bruce J. Koeser and Linda R. Koeser have requested by voluntary petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex hnds in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Furore Land Use Map (FLUM) designation of MR-5 (Medium Residential 5-units per acre); and WHEREAS, the Advisory Future Land Use Map designation for the subject property in the City of Delray Beach, Florida, is LD (Low Density Residential 0-5 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, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of July 15, 2002, and voted 7 to 0 to recommend that the requests be approved with an initial zoning of R-I-AAA (Single Family Residential), based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOI J~OWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: The South 1/3 of the North 3/5 of the East 1/2 of the Southeast quarter of the Southeast quarter of the Northwest quarter of Section 12, Township 46 South, Range 42 East, Palm Beach County, Florida, less the East 40 feet for road right- of-way. The subject property is located on the West side of Barwick Road, approximately 260 feet North of the L-31 Canal (13341 Barwick Road). Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Del_ray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current 2 ORD NO. 35-02 requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as LD (Low Density Residential 0-5 du/ac). Section 6. That the City of Delray Beach elects to make this small scale amendment by having only an adoption heating, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 7. That Chapter Two of the Land Development Regulations has been followed in establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District R-I-AAA (Single Family Resident/al) as defined by existing ordinances of the City of Delray Beach. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 10. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading; as to land use and zoning, 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 Depatiment 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. 3 ORD NO. 35-02 PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2002. ATTEST MAYOR City Clerk First Reading Second Reading 4 ORD NO. 35-02 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: July 15, 2002 IV.A. Future Land Use Map Amendment From County MR-5 (Medium Residential 5-units per acre) to City LD (Low Density Residential 0-5 du/ac) and Annexation With Initial Zoning of R-l-AAA (Single Family Residential) for the Koeser Residence. GENERAL DATA: Owner/Applicant/Agent ............... Bruce J. Koeser and Linda R. Koeser Location ...................................... West Side of Barwick Road, Approximately 260 Feet North of the L-31 Canal (13341 Barwick Road). Property-Size .......................... ... 0.88 Acres Existing FLUM ........................... County MR-5 (Medium Residential 5-units per acre) Proposed FLUM ......................... City LD (Low Density Residential 0-5 du/ac) Current Zoning ............................ County AR (Agricultural Residential) Proposed Zoning ........................ City R-l-AAA (Single Family Residential) Adjacent Zoning ................ North: County AR (Agricultural East: South: West: Existing Land Use ...................... Proposed Land Use .................... Water Service ............................. Sewer Service ............................. Residential) PRD (Planned Residential Development) County AR (Agricultural Residential) County AR (Agricultural Residential) Single Family Residence Single Family Residence Available via connection to an existing 12" water main along Barwick Road. Requires installation of a gravity system connection to existing 8" force-main along Barwick Road CANAL L-.30 ] LAKE IDA ROAD IV.A. The item before the Board is that of making a recommendation on a Voluntary Annexation (pursuant to Florida Statute 171.044), and a Small-Scale Future Land Use Map (FLUM) amendment from County Medium Density Residential (five dwelling units per acre) to City LD (Low Density Residential - zero to five dwelling units per acre) with an initial zoning of R-l-AAA (Single Family Residential). The subject property is located on the west side of Barwick Road, approximately 260 feet north of the L-31 Canal. 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 or Rezoning of any property within the City. The 0.88 acre property is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential) zoning designation. The property is also located within the City's Planning Area (Future Annexation Area). The site is contiguous to the municipal limits of Delray Beach on the east and the owner is seeking voluntary annexation at this time. The property contains an existing 2,677 square foot one-story single family home constructed in 1958. Requests for Annexation, Future Land Use Map amendment and Initial Zoning have been submitted to accommodate the R-l-AAA (Single-Family Residential) zoning designation for the subject property, and are now before the Board for action. As noted above, the property contains an existing single family home. The applicant has requested the annexation, FLUM, and rezoning changes in order to obtain City services such as municipal water. The applicant has indicated that while there are no plans to redevelop the property they intend to make improvements such as adding a garage and a swimming pool. The primary use as a single family residence use will remain as it exists at this time. Current and Requested Land Use Designations: The current County Future Land Use Map designation for the property is Medium Density Residential (Five-Dwelling Units Per Acre). The current City "advisory" designation for this property is LD (Low Density Residential - Zero to Five Dwelling Units Per Acre). The requested Future Land Use Map change is to City LD (Low Density Residential - Zero to Five Dwelling Units Per Acre). Planning and Zoning Board Staff Report Koeser Property (13341 Barwick Road) - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 2 Florida Statutes 163.31873 - 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: [;3 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 exception areas, or 60 acres annually in areas lying outside the designated areas; The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months; That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre; The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity; and, The property that is the subject of a proposed amendment is not located within an area of critical state concern. The Future Land Use Map amendment involves a 0.88-acre area, thus the total area is less than the 10 acre maximum. The proposed amendment to LD (Low Density Residential - Zero to Five Dwelling Units Per Acre) is less than the maximum 10 dwelling unit per acre limit set for residential amendments. The property is not located within a designated redevelopment, urban infill, downtown revitalization, or traffic concurrency exception area. This amendment along with other small-scale amendments processed this year, outside the designated areas, will not exceed 60 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. Land Use Analysis: Pursuant to Land Development Regulations Section 3.1. I(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. Planning and Zoning Board Staff Report Koeser Property (13341 Barwick Road) - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 3 According to the City's Comprehensive Plan, the Agricultural, Rural Residential, R-1-A through R-l-AAA (Single Family Residential), RL (Low Density- Multiple Family), PRD (Planned Residential), CF (Community Facilities), OS (Open Space) and OSR (Open Space & Recreation) zoning districts are consistent with the LD (Low Density Residential - Zero to Five Dwelling Units Per Acre) Future Land Use Map designation. The accompanying annexation and initial zoning application is seeking an R-l-AAA (Single Family Residential) zoning district. The existing single family residence is a permitted use within the R-l-AAA zoning district. The R-l-AAA zoning designation is consistent with the proposed LD FLUM designation. Consistency between the City and County Land Use Desiqnations: The proposed City Future Land Use Map designation for the property is LD (Low Density Residential - Zero to Five Dwelling Units Per Acre). The existing County Future Land Use Map designation for the property is Medium Density Residential (Five- Dwelling Units Per Acre). The City's FLUM designation is consistent with the County's Medium Density Residential designation with respect to allowable density. The City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, (and as formally amended subsequently) are deemed to be advisory until an official Future Land Use Map Amendment is processed. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis. This policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The above requirement does not apply as the FLUM amendment is associated with an annexation, and the advisory LD (Low Density 0-5 du/ac) FLUM designation is being applied. The proposed City LD FLUM designation is consistent with the County MD (Medium Density) designation. [] Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The proposed FLUM amendment will fulfill the following Future Land Use Element Policies: Planning and Zomng Board Staff Report Koeser Property (13341 Barwick Road) -Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 4 Future Land Use Element Policy B-3.3: "The City has petitioned Palm Beach County to make changes to its FLUM in order for there to be consistency between City and County FLUM designations within the Delray Beach Planning Area. Once consistency is achieved, the City shall petition for an interlocal agreement wherein provisions shall be made that the City's FLUM designation shall be in effect immediately upon 'annexation of a specific parcel. Following any annexation, the Future Land Use Map, and appropriate portions of the Comprehensive Plan, shall be amended to reflect the change in the City's boundaries." As noted previously, the proposed City FLUM designation of Low Density is the most similar to the County's Medium Density designation. The Planning and Zoning Department shall be responsible for updating the Future Land Use Map to reflect the boundary change and subsequent designation change. Upon annexation, it is necessary to change the FLUM designation from the County's to the City's. The proposed Low Density designation is the most appropriate given the similarity to the County's Medium Density designation with respect to allowed density. Future Land Use Element Policy B-3.2: "Water and sewer facilities shall be provided to unincorporated areas by the City, upon demand, in a manner consistent with policies of the City. The provision of water facilities shall be accompanied by an agreement to voluntarily annex upon eligibility unless the property is already eligible in which case, annexation shall precede the provision of services." The property owner has indicated they would like the option of connecting to the City's water and sewer services. Since the property is already eligible for annexation, the owner has agreed to a voluntary annexation. Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves the annexation of land that is currently developed with a single family residence. Therefore, at the time of annexation there will be no significant impact on the provision of water, sewer, drainage, streets/traffic and solid waste services. Fire, EMS and Police will shift to a different provider; however, all of these services will be equal to or better than existing services (see annexation analysis for details). If the property were redeveloped, it would be possible to construct 4 single family homes at the maximum density allowed under the LD FLUM designation (5 du/acre X 0.88 acres = 4.4 du). For maximum development purposes, a total of four single family units will be utilized. As described below, the impact on the level of service standards would be minimal: 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 Planning and Zoning Board Staff Report Koeser Property (13341 Barw~ck Road) -Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 5 family homes is 10 ADT (Average Daily Trips). Therefore, the redevelopment would generate a total of 40 ADT. The net increase of only 30 ADT will not significantly impact the surrounding roadway network. Solid Waste: The Solid Waste Authority indicates that it has capacity to serve development in the County at its current LOS of 7.2 pounds per day per capita for the life of the existing landfill. The current development of the property with one single family home generates approximately 1.99 tons per year of solid waste. If the property were redeveloped with 4 single family homes, the solid waste generation would increase to approximately 7.96 tons per year. The potential additional 5.97 tons of solid waste per year generated by the redevelopment will not significantly affect the solid waste disposal LOS. 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. Parks and Recreation: The Parks and Recreation Element of the Delray Beach Comprehensive Plan indicates that the City meets the adopted level of service for parks and recreation facilities for the ultimate build-out population of the City. This analysis indicates that the redevelopment of the subject property would have an insignificant impact on the provision of public services. 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 property is surrounded by the following Future Land Use Map Designations, Zoning Designations & Land Uses: North, South and West: To the north, south and west of the subject property are existing single family residences that are under Palm Beach County jurisdiction with a County Medium Density Residential (five units per acre) Future Land Use Map designation and AR (Agricultural Residential) zoning designation. East: To the east of the subject property (across Barwick Road) is vacant property, which is located in City of Delray Beach, with a MD (Medium Density Residential - 5-12 du/acre) Future Land Use Map designation and PRD (Planned Residential Development) zoning designation. This property is part of the Sabal Lake PRD and Planning and Zoning Board Staff Report Koeser Property (13341 Barwick Road) - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 6 can be developed at approximately eight units per acre pursuant to the Master Development Plan. The surrounding properties all have residential FLUM designations. The properties to the north, south and west are predominately existing single family residences and the vacant property to the east (Sabal Lakes Phase IV) is approved for multiple family development. The proposed FLUM designation will be compatible with the surrounding area. Compliance -- Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. There is no development proposal associated with this FLUM amendment. However, any future redevelopment of the property will be required to comply with the City's Land Development Regulations at that time. Compliance of the existing development with the Development Standards for the proposed R-l-AAA zoning district is discussed later in the "Zoning Analysis" section of this report. J Florida Statutes Governinq Voluntary Annexations: Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". Analysis: The property is contiguous to the City on the east (across Barwick Road) and is reasonably compact. This annexation will not create an enclave. Land Development Requlations Governinq Annexations: Pursuant to the Land Development Regulations Section 2.4.5 (C)(1) "the owner of land may seek the annexation of contiguous property, under his/her ownership" pursuant to Florida Statutes. The property owner has voluntarily petitioned for this annexation. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Designated Annexation Area: The territory to be annexed is located within designated annexation area "E" on the north side of Lake Ida Road, between Barwick Road an'd Military Trail. Annexation of the territory is consistent with Future Land Use Element Policy B-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. Planning and Zomng Board Staff Report Koeser Property (13341 Barwick Road) -Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 7 CONCURRENCY: Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Element Policy B-3.1). The following is a discussion of required services and the manner in which they will be provided. Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress, which serves the South County area. The property lies within Sheriff patrol zone 4, which is bordered by El Clair Ranch Road on the west, the Atlantic Ocean on the east, Boynton Beach on the north, and Atlantic Avenue to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower, as the police currently pass the property while patrolling areas of the City to the north, south and east of the property. Fire and Emergency Services: With annexation, the property will receive an improvement in response time from the current 7 minutes of the County Fire Department (Indian Springs/Military Trail and Woolbright Road) to approximately 3 minutes for the City's Fire Department (Fire Station No. 4 at Barwick and Lake Ida Roads). The annexation of this property will not require additional manpower. Water: Municipal water service is available via connection to an existing 12" water main located along Barwick Road. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build-out. Sewer: Sewage is currently accommodated on-site via a septic system. While a 8" force main is located along the west side of Barwick Road, a connection to the City system will only be required when a gravity system is available or with future redevelopment of the property. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: The property has direct access to Barwick Road, jurisdiction of the County. The jurisdictional responsibility maintenance responsibility will not change upon annexation. which is under the and the associated Parks and Open Space: The annexation of the property, which contains a single family residence, will not create a significant impact on park and recreational facilities. Planning and Zoning Board Staff Report Koeser Property (13341 Barwick Road) - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 8 Solid Waste: As there is no change in actual land use at this time, there will be no impact on solid waste disposal. The service provider will not change, as described later in this report. Financial Impacts: Effect Upon Annexed Property: For the 2001 tax year the subject property had an assessed value of $101,376 however, with the $25,000 homestead exemption, the taxable value will be $76,376. With the change from County to City jurisdiction, the following taxes and rates will be affected: Ad Valorem Taxes Fire/Rescue MSTU Library City of Delray Beach City of Delray Beach Debt Millage With Annexation 3.05 Deleted (County) 0.5403 Deleted (County) 7.37 Added (City) 0.63 Added (City) 4.4097 Difference* · Total tax millage in the County is 19.9292 mills while in the City the total millage rate is 24.3389 mills. The current yearly ad valorem taxes are $1522.11. With annexation the yearly ad valorem taxes will be $1,858.90 tax difference of $336.79. In addition to property taxes, the following Non Ad Valorem assessments apply: Delray Beach Storm Water Utility - This equates to $40.50, based on the 25% discount from the assessment because the subject property is located within the Lake Worth Drainage District. Solid Waste Authority - The Barwick Road annexation areas are serviced by BFI, and the City's contract is currently through BFI (Browning-Ferris Industries). Therefore, the waste service provider will remain with BFI upon annexation. Planning and Zoning Board Staff Report Koeser Property (13341 Barwick Road) - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 9 Resulting Impacts to Property Owner: ~ ~~SUMMAR¥. OF: ~~i ON}IH ~:i-~'~,~ N ~RO~ER~E FINANCIAL CONSIDERATIONS: AD VALOREM TAXES (Change from 01/02 County of 19. 9292 to City 01/02 rate 24.9389 mills (4.4097) +336.79 NON AD VALOREM Stormwater Assessment +$4O.5O WATER UTILITY FEE +$117.72 (Base fees only, additional fees are based on usage $1.20 per 1,000 gallons for water. (Sewer fees are not including as sewer connection is not being made at this time) ANNUAL FINANCIAL IMPACT: +$495.01 SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from (estimated time) 7.0 minutes (County) to 3 minutes (City) EMS + Faster response time from (estimated time) 7.0 minutes (County) to 3 minutes (City) POLICE + Better response based upon more officers in field. CODE ENFORCEMENT + Pro-active vs. reactive opportunity to work with property owners Fiscal Impacts to the City: At the 2001/2002 City operating millage rate of 7.37 mills and debt rate of 0.63 mills, the property will generate approximately $611.00 in new ad valorem taxes per year. With future development, additional revenues will be realized Planning and Zoning Board Staff Report Koeser Property (13341 Barwick Road) -Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 10 through increased assessment value, building permit fees, the annual collection of the stormwater assessment fee. Additional revenue will be realized with the reassignment of the following fees from County to City: utility taxes [9.7% electric (with a residential exemption for 1st 90 kilowatt hrs.); 5.22% telecommunications (telephone and cable); 8.7% gas]; and, franchise fees on electric and gas. I m The proposed City zoning designation is R-l-AAA (Single Family Residential district) while the current County zoning designation is AR (Agricultural Residential). The zoning designations of the surrounding properties are identified in the Future Land Use Map Amendment Analysis section of this report. 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 following four areas: Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment and Annexation Analysis" sections of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below: Section 3.2.1 (Basis for Determininq Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoninq Actions): Standard A, B, C and E are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 is as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Planning and Zoning Board Staff Report Koeser Property (13341 Barwick Road) - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 11 The allowed uses in the R-l-AAA zoning district (single family homes and accessory structures) are compatible with the surrounding residential development. Section 2.4.5(D)(5) (Rezoninc~ Findin_cls): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. Item "c" is the basis for which the rezoning should be granted. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach reserve annexation area. The applicant is applying for annexation of this property into the City and the annexation requires that an appropriate City zoning designation be applied. The requested R-l-AAA is of similar intensity as that allowed under the proposed City LD (Low Density Residential - Zero to Five Dwelling Units Per Acre) FLUM designation and is consistent with the surrounding residential zoning and the existing development of the property. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. As noted previously, the property contains an existing single family residence. The existing development was reviewed for compliance with the development standards for the proposed R-l-AAA zoning district. The lot and existing structures meet or exceed all the development standards for proposed zoning district. There is no development proposal associated with the annexation request. Any future development will be required to comply with all Land Development Regulations. Therefore, a positive finding can be made with respect to future compliance with the Land Development Regulations. The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Planning and Zoning Board Staff Report Koeser Property (13341 Barwick Road) - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 12 Palm Beach County Notice: On June 16, 2002, the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date, a response has not been received. IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: Progressive Residents of Delray Sabal Lake President's Council Country Manor Barwick Ranch United Property Owners Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its Planning and Service Area. The requested LD (Low Density Residential - Zero to Five Dwelling Units Per Acre) Future Land Use Map designation is Iow intensity. The application of an initial zoning designation of R-l-AAA is consistent with the proposed FLUM designation. The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services. The property will experience an increase in ad valorem taxes. The City will receive an additional $611.00 in revenue from property taxes, in addition to fees from stormwater assessment fees, utility taxes, and franchise fees. Continue with direction. Recommend approval of the Annexation, Small-Scale Future Land Use Map amendment from County Medium Density Residential (Five Dwelling Units Per Planning and Zoning Board Staff Report Koeser Property (13341 Barwick Road)- Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 13 Acre) to City LD (Low Density Residential - Zero to Five Dwelling Units Per Acre) and zoning designation of R-l-AAA (Single Family Residential District) 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), and the following: That the property is contiguous, reasonably compact and does not create an enclave; and, That services will be provided to the property in a manner similar to other similar properties within the City. Co Recommend denial of the Annexation, Small-Scale Future Land Use Map amendment from County Medium Density Residential (Five Dwelling Units Per Acre) to LD (Low Density Residential - Zero to Five Dwelling Units Per Acre) and zoning designation of R-l-AAA (Single Family Residential District), with the basis stated. J Recommend approval of the Annexation, Small-Scale Future Land Use Map amendment from County Medium Density Residential (Five Dwelling Units Per Acre) to LD (Low Density Residential - Zero to Five Dwelling Units Per Acre) and zoning designation of R-l-AAA (Single Family Residential District) 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), and the following: That the property is contiguous, reasonably compact and does not create an enclave; and, That services will be provided to the property in a manner similar to other similar properties within the City. Attachments: Location/Existing Zoning Map Existing Future Land Use Map Survey This Report prepared by: Jasmin Allen, Planner  m ilmlliii i ilIii i ilIii iiliiliIi iitiilI IlIii IilI IIIIIICITY LIMITSI m I ~ ANAL L-31 ~1 ~ ~ ~ ST STA ~ ~ LAKE IDA RD. LAKE IDA ROAD ~ m fiA~l I -mlK CITY OF DELRAY BEACH, FL PLANNING ~ ZONING DEPARTMENT KOESER PROPERTY FUTURE LAND USE MAP AMENDMENT FROM' COUNTY MR-5 (MEDIUM DENSITY RESIDENTIAL - 6 UNITS PER ACRE) TO: CITY LD (LOW DENSITY RESIDENTIAL, 0-6 UNITS PER ACRE) -- DI~'Ii',,4L ~ASE M..4P SYSTEM ---- MAP REF LM623 CANAL L-~O ;""4~',, ~ =,~;,_, _- = -  CANA L-~I  ~O~IL 0 ~ ~ 1 t~Kt ~A ~o. L A K E I D A (~r o A D N CITY OF DELRAY REACH, FL PLANNING &: ZONING DEPARTMENT KOESER PROPERTY REZONING FROM: COUNTY AR (AGRICULTURAL RESIDENTIAL) TO: CITY R-l-AAA (SINGLE FAMILY RESIDENTIAL) -- DIGITAL BASE ,M~P SYSTEM -- MAP REF LM623 SUB. J-'~T' pR-~PERTY~ S~O-WN HEREON IS LOCATED IN-FEDERAL INSURANCE ADMINISTRATION DESIGNATED FLOOD HAZARD AREA, FLOOD ZONE AS PER THE NATIONAL FLOOD INSURANCE RATE MAP, COMMUNITYPAN~LNo ~20~0~?- 020: ? Amencar~ Lsnd Surveyin., Inc. ,TH~ SOUTh 2,'3 OF THE NDRTH 3/5 OF THE E/uST I,'2 OF ~ i~bWJ=H~S~ QUAR~-~ OF THE S~/£HEA~qT QUARTER OF THE NORTh~,.~" QUARTER OF SECTIO[; 12, TOWNSHIP 46 SOUTR, RANGE 42 E;~ST, PA[ BFqACH COU~i, FL.C"~iDA, L?~qS THE E~%T 40 FE.L~2 FOR RO;JD RtG~ OF [~AY. A-DRIL ~, 2002 KOF~ER i .~:vls~oN m,.'nus; .~,m~ES~ i~i BARWICK ROAD DELRAY BEACH, FL 0406c)02 ~ ~ ~ T. P. TO: THRU: FROM: SUBJECT: PAUL DORLING, DIRECTOR OF iNING AND ZONING SCOTT D. PAPE, SENIOR PLANNER,.×~- ~¢.f,~ MEETING OF AUGUST 6, 2002 ZONING CHANGE FROM R-l-AA (SINGLE FAMILY RESIDENTIAL) TO RM (MULTIPLE FAMILY RESIDENTIAL MEDIUM DENSITY) FOR A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF SE 5TM STREET. APPROXIMATELY 160' EAST OF SE 6TM AVENUE (FEDERAL HIGHWAY) [622 SE 5T~ STREET1. The subject property consists of Lot 11, less the west 166 feet thereof, Block 1, Osceola Park and contains 0.5466 acres. The property contains a single family residence which was constructed in 1953. On November 22, 1977 the City Commission approved a City-initiated rezoning to 74 different parcels in association with the implementation of the City of Delray Beach Master Land Use Map, which was adopted June 27, 1977. The subject property was rezoned from RM-10 (Multiple Family Residential - 10 units per acre) to R-l-AA (Single Family Residential), which is its current zoning designation. At its meeting of November 28, 1989, the City Commission adopted a citywide Comprehensive Plan. As part of the Comprehensive Plan adoption, which included the Future Land Use Map, the Future Land Use Map designation of the subject property was changed from Single Family Low Density to Multiple Family Medium Density. The applicant proposes to demolish the existing single family home and construct up to five townhouse units. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of July 15, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request. There were four people from the public that spoke in opposition to the proposed rezoning of the property due to the concerns over incompatibility with adjacent properties and parking concerns. In addition to public comment there were four letters of opposition submitted (three of which were e-mails that were not received in time for distribution to the Board). After reviewing the staff report and discussing the proposal, the Board voted 6-0 (Joe Pike stepped-down) 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. By motion, approve on first reading the ordinance for a zoning designation change from R-l-AA (Single Family Residential) to RM (Multiple Family Residential - Medium Density) for 5th Street Townhomes, 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 July 15, 2002 Draft Ordinance #36-02 ORDINANCE NO. 36-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED R-l-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE SOUTH SIDE OF SE 5TH STREET, APPROXIMATELY 160 FEET EAST OF SE 6TH AVENUE (NORTHBOUND FEDERAL HIGHWAY) - 622 SE 5TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2002"; 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 February, 2002, as being zoned R-l-AA (Single Family Residential) District; and WHEREAS, at its meeting of July 15, 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 6 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 FOIJ.OWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of RM (Medium Density Residential) District for the following described property: All that part of Lot 11, Block 10sceola Park, according to the Plat thereof as recorded in Plat Book 3, Page 2, of the Public Records of Palm Beach County, Florida, as described as follows: Commencing at the original northwest comer of said Lot 11, Block 1, Osceola Park, thence N 89° 32' 00" E, 166.00 feet to the point of beginning of this description, thence S 00° 00' 00" E 147.38 feet, thence N 89° 32' 00" E, 161.48 feet, thence N 00° 03' 30" E, 147.38 feet, thence S 89° 32' 00" W, 161.63 feet, to the point of beginning. S¢¢tion 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. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2002. ATTEST MAYOR city Oerk First Reading Second Reading 2 ORD NO. 36-02 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: July 15, 2002 IV.D. Rezoning from R-l-AA (Single Family Residential) to RM (Medium Density Residential) For a Parcel of Land to be Known as 5th Street Townhomes. GENERAL DATA: East: South: West: Existing Land Use ...................... Proposed Land Use .................... OwnerApplicantJAgent ................ Charles O. Anderson Location ...................................... South Side of SE 5t~ Street, Approximately 160 Feet East of SE 6~h Avenue (Northbound Federal Highway) - 622 SE 5th Street. Property Size .............................. 0.55 Acres Future Land Use Map ........; ....... MD (Medium Density , Residential, 0-5 , Units per Acre) Current Zoning ............................ R-l-AA (Single Family Residential) Proposed Zoning ........................ RM (Medium Density Residential) Adjacent Zoning ................ North: R-l-AA (Single Family Residential) RM (Medium Density Residential) POD (Professional Office District) NC (Neighborhood Commercial) Single family residence Rezoning to allow the establishment of 4-5, two-story townhomes, approximately 2,400 sq-ft, each. Water Service ............................. Ex~sting on site. Sewer Service ............................. Existing on site. IV.D. The item before the Board is that of making a recommendation to the City Commission on a privately sponsored rezoning from R-l-AA (Single Family Residential) to RM (Multiple Family Residential - Medium Density) for 5th Street Townhomes, 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 Lot 11, less the west 166 feet thereof, Block 1, Osceola Park and contains 0.5466 acres. The property is located at 622 SE 5th Street which is on the south side of SE 5th Street, approximately 160' east of SE 6th Avenue (Federal Highway). The property contains a single family residence which was constructed in 1953. On November 22, 1977 the City Commission approved a City-initiated rezoning to rezone 74 different parcels as a result of implementation of the City of Delray Beach Master Land Use Map, which was adopted June 27, 1977. The subject property was rezoned from RM-10 (Multiple Family Residential - 10 units per acre) to R-l-AA (Single Family Residential), which is its current zoning designation. At its meeting of November 28, 1989, the City Commission adopted a citywide Comprehensive Plan. As part of the Comprehensive Plan adoption, which included the Future Land Use Map, the designation of the subject property was changed from Single Family Low Density to Multiple Family Medium Density. The applicant proposes to demolish the existing single family home and construct up to five townhouse units. 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 R-l-AA (Single Family Residential) to RM (Multiple Family - Medium Density). 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 P & Z Board Staff Report Rezoning from R-l-AA to RM for 5th Street Townhomes Page 2 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 multiple family residential development is an allowed use in the proposed RM zoning district per LDR Section 4.4.6(B)(3). The Future Land Use Map (FLUM) designation is MD (Medium Density Residential 5-12 dwelling units per acre). The proposed RM zoning district is consistent with the MD FLUM designation. The current zoning and land use designations are not consistent with each other and this petition will achieve the required consistency between the Land Use and Zoning designations. Thus, positive findings can be made regarding consistency can be made. 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 4.4.6(A), the allowed base density within the RM zoning district is six dwelling units per acre with a maximum density of 12 dwelling units per acre. The increase of the density above the base density relates to the ability of a development to meet performance standards. Given the size of the property the maximum development potential of the property is six dwelling units (12 x .55 = 6.6 dwelling units). The following concurrency analysis is based on a maximum 6 dwelling units allowed. 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 property would generate 42 ADT based on 6 multiple family units. The existing single family home generates 10 ADT. Consequently, the total new net tdps generated by the property at its maximum allowed density would be 32 new ADT. 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. P & Z Board Staff Report Rezoning from R-l-AA to RM for 5th Street Townhomes Page 3 Solid Waste: The most intensive use of the property (6 multiple family dwelling units) would generate 3.12 tons per year.. The annual solid waste generation by the existing single family unit is 1.99 tons. Consequently, the proposed rezoning may generate a potential increase in the solid waste of 1.13 tons per year. The increase can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. 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 2" water main along SE 5"~ Street and an 8" sewer main along SE 7th Avenue are available. There are no fire hydrants in proximity to the subject property. It is noted that when the property is redeveloped, extension of a water main and installation of a fire hydrant will be required. Parks and Recreation: The maximum potential of 6 residential units will not have a significant impact with respect to level of service standards for parks and recreation facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $3,000 will be required of this development for parks and recreation purposes if the property is developed at its maximum density potential. Based upon the above, a positive finding with respect to concurrency can be made. 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 Objective A-1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The existing use of the property is single family residential. The surrounding uses of the property is multiple family to the east, commercial to the south and west, and single P & Z Board Staff Report Rezoning from R-l-AA to RM for 5th Street Townhomes Page 4 family residential to the north. The proposed multiple family development of the property is more appropriate than single family due to its proximity to the adjacent commercial property to the south and west. Further, given the intensities of the uses to the south, east, and west, the property is more suitable for multiple family rather than single family. The property has in-fact been isolated from the single family neighborhood to the north by these uses. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed multiple family development. The Housing Element of the Comprehensive Plan calls for the provision of infill housing in the downtown area. Housin.q Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The proposed development of the 0.55 acre parcel of land as multiple family residential will not significantly affect the neighborhood due to the increased number of residential units. The proposed multiple family development may enhance the single family neighborhood to the north by provided a uniform "buffer/separation" between the commercial uses. Open Space and Recreation Element Policy A-3.1 - Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. This element does not apply to the proposed development as the property is located in the downtown area and will be an infill development of a maximum of six units. Housinq Element Objective B-2 - Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: Housing Element Policy B-2.2 - The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area, and for infill projects having fewer than 25 units. P & Z Board Staff Report Rezoning from R-l-AA to RM for 5~h Street Townhomes Page 5 The City has not received a development proposal at this time. While this requirement may be waived for development in the downtown area or certain infill projects, compliance will be encouraged. Housinq Element Policy B-2.6 - Housing in and near the downtown area, in close proximity to employment opportunities and services, is a critical need. In order to help stimulate demand for new housing in and around the Central Business District, the development of new rental housing projects outside of the TCEA and North Federal Highway area is discouraged. The development proposal is located outside the CBD and TCEA area. However, additional residents in the area will patronize commercial businesses along Federal Highway and downtown. As noted previously, a development proposal has not been received. The development of the property as a rental complex would not be consistent with this policy. Therefore, ownership of the units would provide the desired type of residential development. Section 3.2.2 (Standards for Rezoninq Actions): Standards B and C are not applicable. The applicable performance standards of Section 3.2.2 .are as follows: (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The property is designated as stabilization on the Residential Neighborhood Categorization Map. As noted below the property to the east (Villas Sobre Del Mar) is zoned RM and is a townhouse development. The property at the southeast corner of the property is the Barrton Apartment Condos and is also zoned RM. The properties to the west and south are zoned for commercial purposes and are typically incompatible with single family zoning designations. The proposed RM zoning designation is consistent with the development patterns to the southeast and east sides of the property. The proposed RM zoning designation will provide a "transition" between the commercial uses and the single family neighborhood to the north, (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: P & Z Board Staff Report Rezoning from R-l-AA to RM for 5th Street Townhomes Page 6 Direction Zoninq Uses North R-l-AA West NC South & Southeast POD & RM East RM Single Family Residential Delray Dental Specialist Mayfair Animal Hospital & Barrton Apartments Villas Sobre Del Mar As noted above, the adjacent uses to the east and southeast are multiple family uses. The Villas Sobre Del Mar townhouse development is similar with respect to intensity to expected development of the subject property. The Barrton Apartment Condos are a relatively intense multiple family development that is located to the southeast. The zoning of the subject property to RM will be consistent and compatible with the land use pattern south of SE 5th Street. (E) Remaining, isolated infill lots within the coastal planning area shall be developed under zoning which is identical or similar to the zoning of adjacent properties; and, the resulting development shall be of a design and intensity which is similar to the adjacent development. The subject property is located within the coastal planning area. The proposed RM zoning district is identical to the zoning of the adjacent property to the east and southeast. A zoning change of the property to the adjacent NC or POD is not appropriate as it would provide a poor transition to the single family neighborhood and would cause an incompatibility to these uses. The intensity of the surrounding development is incompatible with single family uses. The rezoning of the property would create a more defined delineation between the single family neighborhood and the commercial and multiple family area to the south of SE 5th Street. Section 2.4.5(D){5) (Rezonin_cl Findinqs): 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: 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; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. P & Z Board Staff Report Rezoning from R-l-AA to RM for 5th Street Townhomes Page 7 The applicant indicates that the proposed rezoning is more appropriate for the property based upon the MD (Medium Density Residential 5-12 dwelling units per acre) Future Land Use Map (FLUM) designation based on circumstances particular to the site and/or the neighborhood. Furthermore, the applicant states: "'l'he previous zoning on my property prior to 1977 was RM-IO and then was rezoned, by the City of Delray Beach, to R-l-AA on June 27, 1977. The requested zoning is of similar intensity as a/lowed under the Future Land Use Map and is more appropriate for the property based upon circumstances particular to my site and neighborhood. The Future Land Use Map has my property listed as MD (Medium Density)..." Comment: The basis for which the rezoning is being sought most closely relates to Item "c". The FLUM designation for the property is MD. As the applicant has stated, the property was rezoned as part of the citywide rezoning in 1977, which changed the zoning designation from RM-10 to R-l-AA. While the zoning designation was appropriate to the current use of the property at that time, the FLUM accurately reflected the future use of the property with the MD designation. This designation was applied to the property based on the development pattern of the adjacent properties, which is multiple family and commercial. 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. The Site Plan Review and Appearance Board will take final action on the site plan application when it is submitted. The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority), Community Redevelopment Agency (CRA) and HPB (Historic Preservation Board). 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: P & Z Board Staff Report Rezoning from R-l-AA to RM for 5th Street Townhomes Page 8 · Osceola Park · Churchill Condos · PROD · Barrton Apartment Condos · Marina · Presidents Council The rezoning from R-l-AA (Single Family Residential) to RM (Multiple Family Residential - Medium Density) is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). Co Continue with direction. Recommend approval of rezoning request from R-l-AA (Single Family Residential) to RM (Multiple Family Residential - Medium Density) for 5th Street Townhomes, 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 of the rezoning request from R-l-AA (Single Family Residential) to RM (Multiple Family Residential - Medium Density) for 5th Street Townhomes, 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: Recommend to the City Commission approval of the rezoning from R-l-AA (Single Family Residential) to RM (Multiple Family Residential - Medium Density) for 5t~ Street Townhomes, 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: Location/Zoning Map Boundary Survey Prepared by: Scott Pape, Senior Planner ,~_C"/~ L q ,,O_c',gOoO0 N~'~.. ,00'09 ,9_c 6/ S\O ,,00,00o00 S CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT SUBJECT AREA 5TH STREET TOWNHOMES - REZONING -- FROM: R-l-AA (Single Family Residential) TO: RM (Medium Density Residential) --- D/Gq'AL ,BASE /.~IP ,-,cYSi'EM --- MAP REF LM626 [lTV OF DELRFI¥ BEI:I[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 ° FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: MEMORANDUM July 15, 2002 City Commission David T. Harden, City Mas~er Terrill C. Pybum, Assistant City Attorney Proposed Security Ordinance Writer's Direct L~ne 561/243-7090 Please disregard all prior proposed security ordinances. This proposed ordinance will allow the City to run background checks and take the fingerprints of personnel that are designated as critical to security. The ordinance will apply to Police and MIS employees and applicants. The ordinance will also apply to the Fire-Rescue Department to the extent that it will exempt existing Fire-Rescue Department employees but may apply prospectively to new applicants where State and National laws are insufficient to fulfill the City's security requirements. Please place this matter on the August 6, 2002 City Commission Agenda for consideration. Please let me know if you have any questions. Thank you. CC: Barbara Garito, City Clerk Joe Safford, Director of Finance Kerry Koen, Fire Chief Jim Tabeek, Fire Inspector Lieutenant ORDINANCE NO. 34-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DF. LRAY BEACH, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", BY ENACTING SECTION 35.056, "DESIGNATION OF PERSONNF. I. AS CRITICAL TO SECURITY", TO PROVIDE FOR FINGERPRINTING AND BACKGROUND CHECKS FOR CERTAIN EMPLOYMENT APPLICANTS AND EMPLOYEES FOR THOSE DEPARTMENTS WHICH ARE DESIGNATED AS CRITICAL TO SECURITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHERF. AS, there are certain employment positions which are designated as critical to the security of the City; and WHEREAS, the City Commission has determined it to be in the public's best interest to subject both the employees and applicants of these designated positions to fingerprinting and background checks in order to ensure safety and security. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Tide III, "Administration", Chapter 35, "Employee Polities and Benefits", of the Code of Ordinances of the City of Delray Beach, is hereby amended by enacting Section 35.056, "Designation of Personnel as Critical to Security" to read as follows: Section 35.056DESIGNATION OF SECURITY. PERSONNEL AS CRITICAL TO (A) All departments des'_~nated herein as critical to security shall require that any person appl.ving for, or continuing employment in, any such department or in any such facility, which is decided to be critical to security shall be fingerprinted. The fingerprints shall be submitted to the Department of Law Enforcement for a state criminal history record check and to the Federal Bureau of Investigation for a national criminal history. record check. The information obtained from thc criminal history, record checks cond~l~ted pursuant to thc ordinance may be used by the City to determine an applicant'8 eligi_'bility for erlaployment or appointment and may determine the employee's eliobility for continued cmploymcnt. Refusal to submit to fingerprinting and back~ound checks may result in discipline up to and including termination of already existing employees or a decision not to hire new applicants. (1) Employees from the following divisions and departments are hereby designated as critical to security, and thus all applicants and employees of the following departments and divisions shall be sub!ected to finge~rinting and back~ound checks: (a) police Management Information Systems (c) Fire-Rescue (i) Exemphons: Fire Fighters. Fire Fighter Candidates. and Paramedics shall be governed by applicable fingerprint ;equiremen$s as established by chapters 401 and 633 of the Florida Statutes anal/or other administrative rules attendant thereto: and with respect to new applicants. they may be subiected to administrative back~ound investigations in addition to county., state and national criminal history checks which are now or may be established in the future by the Fire-Rescue Department. 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. 2 RES. NO. 34-02 PASSED AND ADOPTED in rega_fi8r session on second and final reading on this the day of ~ 2002. ATTEST MAYOR City Clerk First Reading Second Reading 3 RES. NO. 34-02