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Agenda Reg 01-16-01
Tuesday. January. 16, 2001 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NV/1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: C~ty Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: 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. Cm Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the da_is. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet IS to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or agmn address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The CitT will furmsh auxahary a~ds and services to afford an mchv~dual w~th a chsab~hts- an opportumt7 to parucIpate m and enloy the benefits of a service, program, or acuv~ty conducted by the Clt3'. Contact Doug Randolph at 243- 7127 (voice) or 243-7199 ClX)D), 24 hours prior to the event m order for the CIt3' to accommodate your request. Adapuve hstenIng devices are avatlable for meeunes In the ComnussIon Chambers. 2. 3. 4. 5. ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE TO THE FLAG AGENDA APPROVAL APPROVAL OF MINUTES: · Regular Meeting of December 12, 2000 · Regular Meeting of January 2, 2001 PROCLAMATIONS: A. American Heritage School Key Club Day - January 30, 2001 B. Recognizing and commending Rhiannon Jeffrey, Freshman at Atlantic High School, on her outstanding achievements in swimming C. Recognizing and commending the Atlantic High School Boys Cross Country Team on an outstanding and unprecedented season D. Recognizing and commending the Delray Beach Fire Department's Dive Team as the TOP DIVE TEAM OF THE YEAR 2000 PRESENTATIONS: A. 2000 City Golf Championship Awards (Sandra Eriksson, Director of Golf) B. Commission Long Drive Competition (Commissioner Perlman) C. Report on School Attendance Boundaries (Janet Meeks) CONSENT AGENDA: (City Manager recommends approval) A. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE Bo MUNICIPAL ELECTION ITEMS: Authorize the Palm Beach County Supervisor of Elections to handle and canvass the City's absentee ballots for the March 13,2001 municipal election, and represent the City at the requisite logic and accuracy tests. RESOLUTION NO. 4-01: Approve a resolution vacating and abandoning two utility easements within the Plat of Delray Ocean Estates, based upon positive findings and subject to the acceptance of an easement deed conveying a replacement easement. The subject property is located on the east side of South Ocean Boulevard, north of Linton Boulevard. 01-16-01 AUTHORIZATION TO PROCEED/ADDITIONAL SERVICES ASSOCIATED WITH THE 4TM BEACH NOURISHMENT PROJECT: Do Eo Fo Authorize Coastal Planning & Engineering, Inc. to proceed with additional services associated with the preparation of the expanded Limited Reevaluation Report for the 4th Beach Nourishment Project at a cost not to exceed $18,357.00. Funding will be from the Beach Restoration Fund (332-4164-572-31.30), to be reimbursed through federal, state and county appropriations. FINAL PLAT APPROVAL/DEL RATON PARK REPLAT NO. 1: Approve the final subdivision plat for Del Raton Park Replat No. 1, a proposed two lot mixed use subdivision that will be developed as the Waterway Village project, located at the southwest comer of Lindell Boulevard and South Federal Highway. SPECIAL EVENT REQUEST/2001 BUD LIGHT PRO/AM VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports Marketing for special event approval to allow the 2001 Bud Light Pro/Am Volleyball Tournament to be held at the municipal beach on May 12 and 13, 2001. AMENDMENT #001 TO STANDARD CONTRACT WITH DEPARTMENT Go Ho OF CHILDREN & FAMILIES (SUBSTANCE ABUSE PREVENTION ACTIVITIES): Approve an amendment to the standard contract with the Department of Children & Families to increase the City's funding allocation by $50,000 (from $135,000 to $185,000) for the program year ending June 30, 2001, for substance abuse prevention activities. RESOLUTION NO. 5-01: Approve a resolution declaring support for school nurses in all Florida public schools. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 2nd through January 12, 2001. AWARD OF BIDS AND CONTRACTS: Bid award in the amount of $23,000 to Fast Dry Companies for the resurfacing of seven (7) hard courts at the Tennis Center and to provide an on-site technician during the Citrix Tournament, with funding from 334- 4145-572-63.90 (Tennis Center/Other Improvements). Purchase award in the amount of $58,000 to Intl. Yacht Sales for the purchase of a 24.6 World Cat (Catamaran) SF Boat and twin axle trailer, and an additional $4,557.76 to various vendors for the purchase of miscellaneous supplies. Funding in the amount of $47,220 will be from the Florida Inland Navigation District (F.I.N.D.) grant, with the balance from 001-2111-521- 64.90 (Police - Other Machinery/Equipment). -3- 01-16-01 o Housing rehabilitation grant award in the amount of $19,325.25 to South Florida Construction for the rehab of a single family housing unit at 618 S.W. 7th Avenue, with funding from 118-1924-554-49.19 (SHIP - Housing Rehabilitation). REGULAR AGENDA: A. AGREEMENT WITH OWL FOUNDATION INC. FOR USE OF THE Do Eo MUNICIPAL TENNIS CENTER: Consider approval of an agreement between the City and the Owl Foundation Inc. for the use of the Municipal Tennis Center on Saturday, April 7, 2001, for the Owl Foundation Tennis Challenge (a Venus and Serena Williams charity event). RESOLUTION NO. 3-01 (TENNIS FACILITIES TASK TEAM): Consider approval of a resolution establishing the Tennis Facilities Task Team as an advisory body to the City Commission. SPECIAL EVENT REQUEST/DELRAY AFFAIR: Consider a request from the Chamber of Commerce for special event approval for the Delray Affair to be held April 20-22, 2001. SPECIAL EVENT REQUEST/DELRAY AFFAIR 5K RUN: Consider a request from the Chamber of Commerce for special event approval for the 3rd Annual Delray Affair 5K Run & Health Walk to be held on Saturday, April 21, 2001. AMENDMENT TO STANDARD PARKING LICENSE AGREEMENT: Fo Consider approval of proposed penalties for violation of the standard valet parking license agreement. REQUEST TO EXTEND SANDOWAY PARKING LOT CLOSING TIME: Go Consider extending the closing time for the Sandoway parking lot from 8:00 p.m. until 9:00 p.m. during the season. KLASFELD V. CITY OF DELRAY BEACH: Consider an offer from Plaintiff to satisfy nuisance abatement liens upon certain property. The City Attorney recommends denial of the offer. APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint two citizen-at-large representatives to the Parking Management Advisory Board for two year terms ending January 31, 2003. The appointments will be made by Mayor Schmidt (Seat #5) and Commissioner Perlman (Seat #1). -4- 01-16-01 10. PUBLIC HEARINGS: ORDINANCE NO. 3-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations by placing a moratorium on business uses as defined herein opened for business at any time between the hours of 12:00 midnight and 5:00 a.m. for a period of six months from the date of adoption of this ordinance in the General Commercial zoning district and the Central Business District within the Downtown Development Authority Area. If passed, a second public hearing will be scheduled for February 6, 2001. ORDINANCE NO. 4-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance an~ending Supplemental District Regulations for the CBD (4.4.13(G)) by increasing the parking requirement for restaurants in the original Downtown Development Authority Area. If passed, a second public hearing will be scheduled for February 6, 2001. ORDINANCE NO. 5-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Sections 4.4.13(G) and 4.4.24(G) of the Land Development Regulations by deleting the one time one space parking reduction within the Central Business District (CBD) and the Old School Square Historic Arts District (OSSHAD). If passed, a second public hearing will be scheduled for February 6, 2001. Review of proposed Ordinance No. 6-01 (modified ordinance re one time one space parking reduction as discussed at the January 9th workshop). Do ORDINANCE NO. 1-01: An ordinance providing for a referendum to be held on March 13, 2001, on the question of whether the majority of the qualified voters of the City voting in the referendum special election give their consent and permission for the release of any deed restrictions and for the transfer and sale of part of the current Library property located at 29 SE 4th Avenue. RESOLUTION NO. 6-01: Consider approval of a resolution calling for a Special Election to be held on March 13, 2001, to provide for a referendum on the question set forth in Ordinance No. 1-01. ORDINANCE NO. 2-01: An ordinance amending Section 4.6.17, "Erosion, Soil, and Dust Control", and Section 6.1.9, "Drainage Systems", of the Land development Regulations of the City of Delray Beach to adopt pollution control standards in accordance with the Environmental Protection Agency's National Pollutant Discharge Elimination System (NPDES) requirements. -5- 01-16-01 11. 12. 13. Fo PROPERTY TRANSFER TO PALM BEACH COUNTY: Consider approval of three quit claim deeds transferring certain property located at or near the intersection of Lake Ida Road and Barwick Road from the City to Palm Beach County for the proposed expansion of Lake Ida Road. TEMPORARY CONSTRUCTION EASEMENT: Consider approval of a temporary construction easement from the City to the County over property located at the intersection of Lake Ida Road and Barwick Road, associated with the road widening project. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries B. From the Public FIRST READINGS: NONE COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission 01-16-01 CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - JANUARY 16~ 2001 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 9. REGULAR AGENDA I. REQUEST FOR FUNDING/EPOCH'S SPADY MUSEUM PROJECT: Consider a request from EPOCH (Expanding & Preserving Our Cultural Heritage, Inc.) for funding in the amount of $57,000 as an interest-flee loan to be paid back within a two year period, to pay the balance of EPOCH" commitment to the Spady Museum project. 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. JANUARY 2~ 2001 A Regular Meeting of the City Commission of the City of Delray Beach, Florida. was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, January 2, 2001. 1. Roll call showed: Present - Commissioner Patricia Archer (arrived 6:10 p.m.) Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Bill Schwartz Mayor David Schmidt Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2_:. The opening prayer was delivered by Reverend Nancy Norman. Unity Church of Delray Beach. The Pledge of Allegiance to the flag of the United States of America was given. A~,enda At}t~roval. Mayor Schmidt noted that an additional application had been placed on the dais for consideration by the Commission regarding Item 9.K. Appointments to the Code Enforcement Board. The City Manager asked that Item 8.J. on the consent agenda (Munroe v. CiD' of Delray Beach and Sgt. Robert Bradley) be moved to the regular agenda as Item 9.AA. Several members of the Commission had questions on the item and he felt it best that it be considered on the regular agenda to address those questions. Mr. Schwartz moved to approve the agenda as amended, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. APPROVAL OF MINUTES: None 6~ PROCLAMATIONS: Mayor Schmidt read and presented a proclamation in recognition of Januau' 15. 2001 as Martin Luther King, Jr. Day in the City of Delray Beach. Mrs. Lily Strainge came fopaard to accept the proclamation. Mrs Strainge expressed her appreciation to the City Commission for their support of Martin Luther King, Jr. Day and the activities associated with it's celebration. She reviewed the activities planned for the holida3 weekend, culminating with a Memorial March on Monday. January 15th, at 1:30 p.m. beginning at the Community Center and ending at Pompey Park. follox~ed by a birthday celebration in the auditorium. Mrs. Strainge looked forward to everyone's participation in this observance. (Commissioner Archer an:ired at the meeting, the time being 6:10 p.m.) 7~ PRESENTATIONS: None CONSENT AGENDA: (Cit3,' Manager recommends approval) 8.A. RESOLUTION NO. 1-01: Approve a resolution setting a public hearing date of February 20. 2001, for consideration of the Pineapple Grove Entrance Special Assessment District final assessment roll. The caption of Resolution No. 1-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SETTING A PUBLIC HEARING DATE FOR THE PUBLIC HEARING CERTIFYING THE FINAL ASSESSMENT ROLL FOR THE PINEAPPLE GROVE ENTRANCE SPECIAL ASSESSMENT DISTRICT: PROVIDING FOR THE MAILING AND PUBLICATION OF NOTICE REGARDING THE PUBLIC HEARING: PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 1-01 is on file in the City Clerk's Office). 8.B. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/WATERWAY VILLAGE: Authorize the City to act as the utility permit applicant for the construction of a sanitary force main within state right-of-xxay (Federal Highway) and approve a hold harmless agreement wherein the developer agrees to hold the City harmless for work performed by the developer in the state right-of-way, associated with the Waterway Village mixed use dex elopment to be located at the southwest corner of South Federal Highv~a3 and Lindell Boulevard. 8.C. ACCEPTANCE OF EASEMENT DEED/THE ENCLAVE P.U.D.: Approve and accept an easement deed from Home Development Corporation of South Florida granting to the City utility easements for the maintenance of water and sewer mains constructed by the developer for The Enclave P.U.D., a multiple family development located on the south side of West Atlantic Avenue, approximately 2,000 feet west of Military Trail in unincorporated Palm Beach Countx The City Commission approved a water service agreement for this project on December 8, 1998. 8.Do INTERLOCAL AGREEMENT WITH SOLID WASTE AUTHORITY FOR LIME SLUDGE RECYCLING: Approve an interlocal government agreement between the Cit3 and the Solid Waste Authority for the purchase of recycled lime and the disposal of lime sludge. This agreement will reduce our annual budget for lime purchase and sludge disposal from $560,000/year to $354,000/year. for a savings of $206,000. - 2- 01-02-01 got. MUTUAL AID AGREEMENT/PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES: Approve a mutual aid agreement by and among Palm Beach County law enforcement agencies which permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines, and provides for the rendering of assistance in a law enforcement emergency. 8.F. FUNDING AGREEMENT FOR ODABACHIAN PROPERTY/PALM BEACH COUNTY FLORIDA BOATING IMPROVEMENT PROGRAM: ~Approve a project agreement between the City and the Palm Beach County Florida Boating Improvement Program (FBIP) for funding in the amount of $70,000 from FBIP to assist with the purchase of the Odabachian property by the City of Delray Beach for a new boat ramp park. 8. G. FUNDING SUBSIDY UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve a funding subsidy in the amount of $19.000.00 for an income eligible applicant under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program). representing the l l6th homeownership assistance grant provided through the program to-date. 8.Ho REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 1 lth through December 29. 2000. g.I. AWARD OF BIDS AND CONTRACTS: Bid award in the approximate amount of $20.874.00 to Diana Food Group for the out-of-school program snack bid. with funding from 115-2122-521-52.20 (Weed & Seed Grant -General Operating Supplies). Purchase award in the amount of $17,249.00 to Compaq Computer Corporation, via State of Florida contract, for the purchase of a Compaq network server computer to replace the existing main network server that is running at 95% capacity. Funding is available from 334-6112-519-64.11 (General Capital R&R - Computer Equipment). 3 Bid award at an estimated annual cost of $16,500.00 to USA Charter as primary contractor and to Blackwell's Tractor Services as secondary (backup) contractor for Code Enforcement nuisance abatement (lot clearing and mowing), with funding from 001-2741-524-34.30 (Code Enforcement- Lot Mowing/Clearing) 8oJ. MUNROE V. CITY OF DELRAY BEACH AND SGT. ROBERT BRADLEY: This item was moved to the regular agenda as Item 9.AA. 131-02-01 Mr. Perlman moved to approve the consent agenda as amended, seconded by Ms. McCarth3. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy- Yes: Mayor Schmidt - Yes; Mr. Perlman - Yes Said motion passed with a 5 to 0 vote. REGULAR AGENDA: 9.AA. MUNROE V. CITY OF DELRAY BEACH AND SGT. ROBERT BRADLEY: Approve the appointment of outside counsel in the referenced matter and deny the offer to settle the case as recommended by the City Attorney. The City Attorney stated that this case is against the City and Sgt. Bradley. Up to this time, the City Attorney's has represented both parties. However, the case has reached a point where there is a conflict due to certain allegations in the complaint that were not dismissed so the recommendation is for approval of the appointment of outside counsel for the employee. The City Attorney further stated that another letter of offer of settlement for $100,000 has been received from the Plaintiff. There was previously an offer of judgment, also for $100~000, that the City Commission denied in September of 2000. The City Attorney's office continues to recommend denial of the offer to settle the case in the amount of $100.000. Mr. Schwartz moved to approve the appointment of outside counsel as recommended by the City Attorney. The morion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes: Ms. McCarthy- Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to DENY the offer to settle the case as recommended by the City Attorney. seconded by Mr. Perlman Upon roll call the Commission voted as follows: Ms. McCarthy - Yes: Mayor Schmidt - Yes: Mr. Perlman - Yes: Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. 9.mo CONDITIONAL USE MODIFICATION/COMMUNITY PRIMITIVE BAPTIST CHURCH: Consider a request for conditional use modification to allow the expansion of the existing Community Primitive Baptist Church. The subject property is located north of Atlantic Avenue between N.W. 10th Avenue and N.W. 1 lth Avenue, and is zoned R-1-A (Single Family Residential) District. QUASI-JUDICIAL PROCEEDING This being a quasi-judicial proceeding, Mayor Schmidt asked the members of the Commission to disclose any ex parte contact concerning the application. No member of the Commission had any ex parte contact to disclose on the application. The City Attorney stated this item would 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. The City Clerk swore in those individuals who wished to give testimony on this item. 01-02-(}1 Paul Dorling. Director of Planning and Zoning, entered the project file into the record. He stated that the conditional use modification involves the expansion of an existing church (1.610 square feet) with a 2,819 square foot addition, for a total of 4,429 square feet. The expansion would increase the seating capacity from 48 seats to 113 seats and provide for a new Fellowship Hall and restrooms. The exterior improvements will include the paving of a lot to the east as well as the reconfiguration of the existing parking lot. to provide a total of thirty (30) parking spaces. The Planning and Zoning Board considered this application at a public hearing held on December 18, 2000. There was no public comment; however, the Board discussed the technical need for the church to provide an additional eight (8) parking spaces to accommodate the proposed 113 seats. This could be accommodated by reconfiguration of the parking lot design and reducing the size of the Fellowship Hall, and this was attached as a condition of the Planning and Zoning Board's recommendation for approval. The Planning and Zoning Board voted 4 to 1 (Mr. Bird dissenting) to recommend approval of the conditional use modification, subject to conditions and 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 policies of the Comprehensive Plan. The dissenting vote was based on concerns that the alley abandonment should precede the conditional use modification approval to assure that the abandonment x~ ould not adversely affect the redevelopment of the adjacent vacant properties. The recommended conditions of approval are as follows: That a site plan be submitted that is in general conformance with the sketch plan and addresses the concerns and technical items contained in the Planning and Zoning Board Staff Report as Appendix A: · That the seating within the sanctuary shall be reduced commensurate with the number of on-site parking spaces provided; · That the site plan shall note the pervious/impervious calculations: · That an application for alley abandonment be submitted and approved for the north/south alley: and · That a photometric plan be submitted in accordance with the requirements of LDR Section 4.6.8. The location of light poles shall be noted on the landscape plan. At this point, Mayor Schmidt opened the proceeding for public comment. There being no one from the audience who, having been duly sx~,orn, wished to speak on this item. the public hearing was closed. Mayor Schmidt asked if staff had discussed the recommended conditions of approval with the applicant? Mr. Dorling responded that the applicant had agreed, on the record, to the recommended conditions of approval at the Planning and Zoning Board hearing on December 18, 2000. Mayor Schmidt then asked about the alley abandonment preceding the conditional use modification approval? Mr. Dorling responded that the condition of approval is that if the alley segment to the north is not abandoned, then the conditional use modification approval would not be valid. The alley abandonment was discussed by the Development Services Management Group (DSMG) and it was the consensus of that group that this approach would be acceptable. Mrs. Archer moved to approve the conditional use modification request for the Community Primitive Baptist Church subject to the conditions and based upon the findings -5- -02-01 recommended by the Planning and Zoning Board. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes. Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed vdth a 5 to 0 x ote. 9.B. CONDITIONAL USE REQUEST/MURPHY OIL GAS STATION: Consider a request for conditional use approval to allow the construction of a new gasoline station on Parcel "C" of the Wal-Mart Plaza development site. The subject property is located on the west side of Military' Trail, approximately 600 feet south of Linton Boulevard, and is zoned PC (Planned Commercial) District. QUASI-JUDICIAL PROCEEDING Mayor Schmidt asked for the disclosure of any ex parte contact by any Commission member with respect to the pending application. Each Commission member disclosed for the record his or her ex parte contacts concerning the application. The City Attorney stated this item would 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. The City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling. Director of Planning and Zoning. entered the project file into the record. He stated that the conditional use request is to construct a gasoline station on the out-parcel at the Wal-Mart site located on the west side of Military Trail. just south of Linton Boulevard. The station will contain a 208 sq.ft, kiosk and eight (8) double-sided fuel pumps (16 dispensers) under a 6.125 square foot canopy. In a related action. Mr. Dorling noted that the Board of Adjustment granted a variance to the minimum 6.000 sq.ft, building size required in the PC (Planned Commercial) zoning district on September 14. 2000. The perimeter landscaping for the subject parcel v-as originally installed when the Wal-Mart was built and is well established. The Planning and Zoning Board considered the conditional use request at a public hearing on December 18, 2000. Two members of the public expressed concern about the proposed gasoline station, one with respect to the traffic generation rates and the other, a Country Lake resident, with respect to the adverse smell of vented gas fumes on the residential subdivision. Mr. Doffing noted that the Count~ Lake development is some 600 feet awa~ from the proposed gasoline station. After discussion, the Planning and Zoning Board voted 5 to 0 to recommend that the conditional use be approved 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 policies of the Comprehensive Plan. and subject to the following conditions: · That a site plan be submitted that is in general conformance with the sketch plan and addresses the concerns and technical items contained in the Planning and Zoning Board Staff Report as Appendix "A"; · That the vehicular circulation area be redesigned to relocate the storage tanks to the west side of the canopy and reduce the paved area on the east side. The existing landscaping along the east side of the property shall remain; · That a photometric plan be submitted in accordance with LDR Section 4.6.8. The photometric plan shall indicate that the canopy lighting is recessed so that they are not visible from adjacent properties; · That the site plan be revised to note the location of the vents for the underground storage tanks: · That outside vending machines be prohibited on the site; and t)l-02-O1 · That a confirmation letter be provided from Palm Beach County Traffic Division stating that the proposal complies with the Palm Beach Count)' Traffic Performance Standards Ordinance. Speaking on behalf of the applicant, Wal-Mart Stores East, Inc., was Todd Pressman who stated that staff had reviewed the project very carefully and determined that it meets all of the required criteria. In addition, the Planning and Zoning Board considered the application and. based upon positive findings, recommended that it be approved subject to the outlined conditions which Murphy Oil agrees to comply with. Mr. Pressman clarified that the use involves gasoline sales only; there is no car wash, there is no convenience store aspect. There will be just a small kiosk for minor items and gasoline sales. Mr. Pressman stated that he would be happy to ansv~er any questions. At this point, Mayor Schmidt opened the proceeding for public comment. There being no one who, having been duly sworn, wished to speak on this item, the public hearing was closed. Mayor Schmidt asked if the confirmation letter from the Palm Beach Count)' Traffic Division had been received? Mr. Doffing stated that he had seen the original letter from the County confirming that concurrency is met at the Planning and Zoning Board hearing and would make sure that a cop3' was on file in the record. On question from Mayor Schmidt as to access for the gas station, Mr. Pressman stated that ingress to the site will be from the existing driveway to Wal-Mart off of Military Trail. There is a traffic signal at the Wal-Mart access/Military Trail intersection. Commissioner Archer commented that she was pleased to see this type of development go in at this location, where there is no additional access to Military Trail. On question from Commissioner Schwartz as to why a variance was needed. Mr. Doffing explained that the Land Development Regulations require a minimum 6,000 sq.ft, building in the Planned Commercial zoning district. With this particular development, the actual kiosk building will only be 208 square feet, although the canopy under which the gas pumps will be located will be 6.125 sq.ft. Staff could not technically recognize the canopy area as building space: hence, a variance was required to reduce the required minimum floor area to 208 square feet. The Board of Adjustment approved this variance on September 14. 2000. Commissioner Schwartz further commented that he was somewhat concerned about the additional traffic that will be generated by this development. There is a traffic signal at the Wal- Mart ingress/egress; nonetheless, it is an extremely busy area and the traffic gets backed up substantially, both on Military Trail going north and south, and for vehicles waiting to make a left turn out of the Wal-Mart center. In response, Mr. Pressman noted that a traffic study had been submitted and reviewed by staff. It was determined that there is adequate capacity on the surrounding roadways to accommodate the additional trips that will be generated. Mr. Pressman continued that a good number of the trips generated are "capture" trips, not new trips generated by the gas station as a destination. On question from Commissioner Archer on the anticipated hours of operation. Mr. Pressman stated that the hours of operation will mirror the Wal-Mart operation. -7 - O1-02-01 Mrs. Archer moved to approve the conditional use request for Murphy Oil Gas Station subject to the conditions and based upon the findings recommended by the Planning and Zoning Board. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.C. INTERLOCAL AGREEMENT WITH THE COMMUNITY REDEVELOPMENT AGENCY REGARDING THE BACKROOM PROPERTY: Consider approval of an interlocal agreement between the City and the Communit) Redevelopment Agency to provide for the City's participation in the transaction for the acquisition of the Backroom property by the CRA. Diane Dominguez, Executive Director of the Community Redevelopment Agency, stated that the CRA is under contract to purchase the Backroom lounge on West Atlantic Avenue. The purchase price is $580,000. The request is for the City to participate in this purchase by contributing $100,000 toward that price. Ms. Dominguez stated that, while not thrilled with the price, the Backroom has been something of a hardship for residents in the area and the CRA feels strongly that the purchase is necessary to move forward with redevelopment activities along West Atlantic Avenue. She noted that the agreement does provide that the City would be reimbursed a pro rata amount of the $100.000 based on the percentage of the gross sales price receix ed by the CRA in a subsequent sale or transfer of the property (including land. real property, the business and the alcohol beverage license). Mayor Schmidt stated that he supported the request, but felt that if the City was being asked to share in any loss, then it should also share in any gain, and that the return not be capped at $100,000. If the property were ultimatel3 to sell for more than $580,000, then the City would receive a pro rata share of the actual selling price. Commissioner McCarthy asked if there was any provision in the West Atlantic Redevelopment Plan for any type of entertainment to be in place, not that the Backroom would be replaced, but if consideration had been given to this issue? Ms. Dominguez stated there is nothing in the plan that specifically addresses entertainment other than to talk in general terms of the development pattern and uses that are similar to what exists on East Atlantic Avenue being carried over onto West Atlantic Avenue. The goal is for the same type of pedestrian-oriented activity that presumably would include things like restaurants and possibly clubs, but there is no specific provision that says that an entertainment area needs to be provided. Ms. Dominguez suggested that this is something that could be looked at as part of the MacArthur Grant process for the entire business district plan. She cautioned, however, that when there is the close proximity that exists on West Atlantic Avenue between commercial and residential uses, it is something that has to be looked at very carefully. She cited the complaints that have been received about City Limits on East Atlantic Avenue from neighborhoods that are a couple of blocks away, so the impact on the residential area on West Atlantic Avenue would have to be looked at very carefully because of the close proximity of single family homes and apartments within the first block off of the avenue. For the record, Commissioner McCarthy stated that she would like the West Atlantic Redevelopment Coalition and the business people along that portion of the avenue to be made - 8- 01-02-01 aware of these comments and that this issue be brought back to them. She would like the Planning and Zoning Board and the Community Redevelopment Agency to look at the 300 foot commercial strip that is in place at this time because it ma)' be possible and probable that we may need to go back more than 300 feet Another thing that was brought to light during earlier discussions was the fact that at the time the Backroom building was built, clubs were using disc jockeys and not the sophisticated sound systems that are available today. The acoustic system and the insulation in the Backroom building are probably outdated to accommodate the needs of entertainment and sound systems of today. Another thought that was expressed at that time was instead of eliminating entertainment completely, seeing that the goal is to compliment things that are happening on East Atlantic Avenue, it is quite possible that there may be interest in a sports bar type of facility so that people ~ho have used this area for their entertainment do not feel slighted and feel that they now have to go elsewhere. Commissioner McCarthy felt that these might be some ways to help resolve some of the aversion that people have to the potential sound impact. She asked that these things be kept in mind as redevelopment moves forward and Request for Proposals (RFPs) come out. Mr. Perlman moved to approve the interlocal agreement between the City and the Community Redevelopment Agency with the caveat that it be amended to provide that the City will share in either the loss or the profit, pro rata, on the sale of the property. The motion was seconded by Mrs. Archer Upon roll call the Commission voted as follows: Mrs. Archer - Yes: Mr. Schwartz - Yes; Ms McCarthy - Yes; Mayor Schmidt - Yes: Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9oD. AGREEMENT WITH PALM BEACH COUNTY FOR FUNDING OF TENNIS CENTER IMPROVEMENTS: Consider approval of an agreement between the City and Palm Beach County that provides for reimbursement to the Cit) from the Count3' in an amount not to exceed $150.000 to offset costs paid for improvements to the Tennis Center. The City Manager stated that at the time the two new hard surface tennis courts were built. Palm Beach County agreed that the)' would fund up to $150.000 toward that construction. The subject agreement sets forth hox~ that funding is to be obtained. The City Attorney commented that she is working with Palm Beach Count3' in an effort to delete from the agreement the last sentence in paragraph 9 which reads, "Further. Delray Beach shall not transfer management of the project to a third part)' without the written consent of the Count)." In th~s regard. Mrs. Ruby asked that an3 approval by the Commission include allowing her the opportunity to pursue negotiations with the Count,,,' to either delete the sentence or perhaps modify it to provide that the City need only provide notification to the County as opposed to obtaining consent. Mrs. Archer moved to approve the agreement between Palm Beach Count3 and the City for the funding of Delray Beach tennis court improvements, with the ability for the City Attorne) to delete or modify the last sentence in paragraph 9 of the agreement as outlined above. The motion was seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.E. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a request for special event approval for the January 25, 2001 Art & Jazz, including temporary' use permits for street closures, staff support, use of City equipment, and specified overtime costs 01-02-01 Robert A. Barcinski. Assistant City Manager. presented an overview of the special event request for the January 25th Art & Jazz event as outlined in his memorandum, contingent on receipt of an updated certificate of insurance. Mr. Perlman moved to approve the special event request as recommended by staff for the January 25, 2001 Art & Jazz on the Avenue. The motion was seconded by Ms. McCarthx Upon roll call the Commission voted as follows: Ms. McCarthy - Yes: Mayor Schmidt - Yes: Mr. Perlman - Yes: Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote 9.F. SPECIAL EVENT REQUEST/FOURTH ANNUAL BED RACE: Consider a request for special event approval for the Fourth Annual Bed Race to be held on March 3, 2001. including temporary use permits for street closures, staff support, a waiver to allow event signage more than one week in advance, use of City stages at no charge, and waiver of overtime costs. Robert A. Barcinski, Assistant City Manager, presented an overview of the special event request for the Fourth Annual Bed Race as outlined in his memorandum, contingent on the sponsor providing the required liability insurance and hold harmless agreement. Mr. Schwartz moved to approve the special event request as recommended bF' staff for the Fourth Annual Bed Race. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes: Mrs. Archer - Yes: Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9oGo PROFESSIONAL SERVICES AGREEMENT/TREASURE COAST REGIONAL PLANNING COUNCIL (MacARTHUR GRANT/DOWNTOWN BUSINESS DISTRICT PLAN): Consider approval of an agreement with the Treasure Coast Regional Planning Council for professional services relating to the MacArthur Grant/Downtown Business District Plan. Paul Dorling, Director of Planning and Zoning. stated that the agreement provides for the Treasure Coast Regional Planning Council to conduct the formal charrette. The amount of $60,000 is what was allocated through the MacAnhur Grant to fund the charrette process. The City Manager noted that this charrette will not conflict with the Visions 2010 process which will be held the third weekend in May. Mr. Perlman moved to approve the professional services agreement with the Treasure Coast Regional Planning Council for the MacArthur Grant Downtown Business District Plan. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes: Ms. McCarthy- Yes. Said motion passed with a 5 to 0 vote. 9.H. RESOLUTION NO. 2-01: Consider approval of a resolution authorizing the City to purchase a parcel of land located at Tract O, Tropic Palms Plat 1~ from Walter & Georgine Hahn for the purpose of providing a drainage detention pond. The subject property is located just west of the F.E.C. Railroad between Lindell Boulevard and the Leon M. Weekes Environmental Preserve. The City Manager presented Resolution No 2-01: 10- 01-02-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA. AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN THE CITY OF DELRAY BEACH, DESCRIBED AS TRACT O. TROPIC PALMS PLAT 1, AS MORE PARTICULARLY DESCRIBED HEREIN. WHICH PROPERTY IS LOCATED JUST WEST OF THE F.E.C. RAILROAD BETWEEN LINDELL BOULEVARD AND THE LEON M. WEEKES ENVIRONMENTAL PRESERVE, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT AND TERMS OF THE CONTRACT FOR SALE AND PURCHASE BETWEEN THE CITY OF DELRAY BEACH AND WALTER & GEORGINE T. HAHN. (The official copy of Resolution No. 2-01 is on file in the City Clerk's Office). Assistant City Attorney Brian Shutt stated that the City proposes to purchase the property for $85,000.00 and that it will be used for the construction of drainage improvements in Lindell Boulevard/Albatross Road area. Mr. Shutt noted that there is a right of first refusal provision in the contract for the seller for a period of fifteen (15) years. (Ms. McCarthy left the room at this time.) The City Manager commented that this land purchase is necessary as part of the Cit3 's overall infrastructure and drainage improvements program. Mr. Schwartz moYed to approve Resolution No. 2-01, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes: Mayor Schmidt - Yes, Mr. Perlman - Yes Said motion passed with a 4 to 0 vote. (Ms. McCarthy returned to the dais.) 9.1. PALM BEACH COUNTY DAY SPONSORSHIP: Determine if there is interest in participating as a sponsor for Palm Beach Count) Da3 to be held in Tallahassee over the period of March 6-8.2001. Upon discussion. Commissioner Archen Commissioner McCarthy and Mayor Schmidt indicated that they would all be interested in attending Palm Beach County Da)' in Tallahassee. Mr. Schwartz moved to approve participation as a Municipal/Non-Profit sponsor for Palm Beach County Da)' in the amount of $300.00, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy- Yes; Mayor Schmidt - Yes. Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 11 - 01-02411 9.J. CONTRACT ADDITION (C.O. #1)/TELCON~ INC. (VENETIAN DRIVE INFRASTRUCTURE IMPROVEMENTS): Consider approval of a contract addition (C.O. #1) in the amount of $69,119.00 and a ninety (90) calendar day time extension with Yelcon, Inc to include the replacement of deteriorated water mains under the Venetian Drive Infrastructure Improvements contract. Randal Krejcarek, City Engineer. explained the scope and necessity of the additional work to be performed. In addition to upgrading deteriorated water main lines on Ingraham Avenue and a portion of Venetian Drive, the contract addition also includes a ninety (90) calendar da) extension for the project. On question from Mayor Schmidt. Mr. Krejcarek stated that with the time extension. the estimated completion date for the project would be pushed back to May, 2001. Mr. Krejcarek also noted that the contract addition allows for the construction across Atlantic Avenue not to take place until after the Delray Affair. On question from Commissioner McCarthy as to how the residents will be notified about the extended length of time. Mr. Krejcarek stated that notification would be provided through both the Chamber of Commerce to area businesses as well as to residents through the Beach Property Owners Association. Mr Perlman moved to approve the contract addition (C.O. #1) with Telcon. Inc. under the Venetian Dri,,e Infrastructure Improvements contract, 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. Schwartz - Yes. Said motion passed with a 5 to 0 vote. 9.K. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint three regular members and one alternate member to the Code Enforcement Board for three )'ear terms ending January 14. 2004. The appointments will be made by Mayor Schmidt (regular member/real estate), Commissioner Perlman (regular member/architect). Commissioner Archer (regular member/engineer), and Commissioner Schwartz (alternate member/real estate). Mayor Schmidt stated that he wished to reappoint Lynn Gardner to the Code Enforcement Board as a regular member (real estate person) for a three year term ending January 14, 2004. Mrs. Archer so moved, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer- Yes; Mr. Schwartz - Yes: Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Mr. Perlman moved to appoint Dwight Stephenson to the Code Enforcement Board as a regular member (architect position) for a three year term ending January 14. 2004. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer- Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes Said motion passed with a 5 to 0 vote. Mrs. Archer moved to appoint Josh Smith, Jr. to the Code Enforcement Board as a regular member (engineer position) for a three year term ending January 14, 2004. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes: Mr. Schwartz - Yes: Ms. McCarthy- Yes: Mayor Schmidt - Yes: Mr. Perlman - Yes. Said motion - 12- Ol-02-01 passed with a 5 to 0 vote. Mr. Schwartz moved to reappoint Anthon5 Veltri to the Code Enforcement Board as an alternate member for a three year term ending January 14. 2004. The motion was seconded b3 Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes: Ms. McCarthy - Yes; Mayor Schmidt - Yes: Mr. Perlman - Yes; Mrs. Archer- Yes. Said motion passed with a 5 to 0 vote. 9.to LUMP SUM BONUS PROVISION FOR GENERAL EMPLOYEES: Consider approval of a proposed change to the lump sum bonus provision for general employees (exemp! and non-exempt). The City Manager stated that at the time the City' Commission reestablished bonuses for topped out employees, it was limited to three percent. At the time (roughly 1994) that number was appropriate, but with today's tight labor market the Manager felt it was important to have the full five percent [5%) available. Hence, the recommendation is for a change in City policy to provide that a topped out employee w-ho receives less than five percent would be eligible for a bonus payment of up to five percent. In addition, any, such bonus amount would be paid at the time of the emplo5 ee's annual performance review instead of having to wait until year end to receive the bonus pay'ment. Mr Schwartz moxed to approve the lump sum bonus provision for general employees as recommended by the City Manager. The motion was 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. Schwartz - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:03 p.m.. the Commission moved to the duly adx ertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 35-00 (SECOND READING/SECOND PUBLC HEARING): An ordinance amending the Land Development Regulations relative to Alcohol and Drug Abuse Treatment Facilities Prior to consideration of passage of this ordinance on Second and FINAL Reading. a second public hearing has been scheduled to be held at this time. The City' Manager presented Ordinance No. 35-00: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH AS FOLLOWS: AMENDING APPENDIX "A", "DEFINITIONS", BY REPEALING THE DEFINITION OF "ALCOHOL AND DRUG ABUSE TREATMENT FACILITY" AND ENACTING THE DEFINITIONS OF "RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITY" AND "NON- RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITY" TO CONFORM TO CHANGES IN THE FLORIDA 13- 01-02-01 STATUTES: AMENDING SECTION 4.3.3(D), "ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES", TO REFLECT CHANGES MADE TO THE DEFINITION OF "ALCOHOL AND DRUG ABUSE TREATMENT FACILITY", AND TO PROVIDE SPACING REQUIREMENTS BETWEEN SCHOOLS AND OTHER ALCOHOL AND DRUG ABUSE TREATMENT FACILTIES; AMENDING SECTION 4.4.6 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE RM ZONING DISTRICT; AMENDING SECTION 4.4.9 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE GC ZONING DISTRICT; AMENDING SECTION 4.4.13 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE CBD ZONING DISTRICT; AMENDING SECTION 4.4.16 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE POD ZONING DISTRICT; AMENDING SECTION 4.4.17 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE RO ZONING DISTRICT; AMENDING SECTION 4.4.21 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE CF ZONING DISTRICT: AMENDING SECTION 4.4.24 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE OSSHAD ZONING DISTRICT: AMENDING SECTION 4.6.9 TO SPECIFY THE OFF-STREET PARKING REQUIREMENTS FOR RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES; PROVIDING A SAVING CLAUSE. A GENERAL REPEALER CLAUSE. AND AN EFFECTIVE DATE. (The official cop> of Ordinance No. 35-00 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. (Commissioner Schwartz left the room at this time.) Paul Dorling, Director of Planning and Zoning, noted for the record that the Planning and Zoning Board considered the proposed text amendments at a public hearing on November 20. 2000, and voted 6 to 0 to recommend approval. Mayor Schmidt declared the public hearing open. There being no one from the audience who wished to speak on this item, the public hearing was closed. - 14- 01-02-01 Mrs. Archer moved to approve Ordinance No. 35-00 on Second and FINAL Reading. The motion was seconded by Mr. Perlman. Prior to roll call, Mr. Pertman commented that he had been assured by the City Attorney that if it turns out that the ordinance can be tightened up in the future, it can always be brought back to the City Commission for amendment. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes: Mr. Perlman - Yes: Mrs. Archer - Yes: Ms. McCarthy- Yes. Said motion passed with a 4 to 0 vote. 10.B. ORDINANCE NO. 36-00: An ordinance amending Chapter 71, "Parking Regulations". of the City Code by amending Section 71.999, "Penalty", to revise the fees charged for parking violations. 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. 36-00: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA. AMENDING CHAPTER 71, "PARKING REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH. BY AMENDING SECTION 71.999. "PENALTY". TO REVISE THE FEES CHARGED FOR PARKING VIOLATIONS: PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE. AND AN EFFECTIVE DATE. (The official cop)' of Ordinance No. 36-00 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 Delta) Beach. Florida. Mayor Schmidt declared the public hearing open. There being no one fi'om the audience who wished to speak on th~s item, the public hearing was closed. Mr. Perlman moved to approve Ordinance No. 36-00 on Second and FINAL Reading. seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. (Commissioner Schwartz returned to the dais.) 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. ll.A. City Manager's response to prior public comments and inquiries. There were no responses to prior public comments and inquiries. 15- 11.B. From the Public. ll.B.1. Bruce Gimmv~ 439 East Atlantic Avenue~ spoke concerning the problem the dov, ntown merchants have with the placement of the booths at the Delray Affair in the 100. 200 and the 400 blocks of Atlantic Avenue and in Pineapple Grove. Mr. Gimmy submitted for the record a cop3 of a letter dated April 24. 1998 from Mark Denkler, President of Vince Canning Shoes. to Bill Wood, Chamber President, which lauded the fact that by putting the booths in the center of the street in the 300 block of Atlantic Avenue, the 1998 Delray Affair was tremendously successful for the merchants in that block (a copy of which is attached hereto and made a pan of these minutes). Mr. Gimmy stated that the current location of the booths with their backs to the merchants has a negative impact on business, and respectfully asked that the affected merchants have a say in how the booths are placed. He felt that the booths in the 100, 200 and 400 blocks and Pineapple Grove need to be in the center of the street to be pedestrian friendly, vendor friendly, and merchant and restaurant friendly. ll.B.2 Christie Campbell, owner of Beach Music at 424 East Atlantic Avenue, stated that she recently relocated her business to the 400 block from the 500 block. During her tenure in the 500 block, the Delra3 Affair represented the three busiest days of the 3'ear for her business. Having experience on both blocks nox~, she asked that the booths be relocated to the center of the street. She also suggested that the Delray Affair be extended over the bridge to the beachside and eventually west of Swinton Avenue if the traffic logistics can be worked out, as the merchants in these areas would benefit from the exposure. ll.B.3. Robert Brewer~ The Trellis Shop at 339 East Atlantic Avenue. commented that his is one of the fortunate blocks that got the booths moved to the center of the avenue which resulted in a significant increase in business because people can see the store. He felt it would be a decided adx antage for the merchants to have the booths moved to the center of the street so that the businesses get the exposure as well. ll.B.4. Art Neiame~ Palm Beach Photographic Center~ also commented on the Delra3 Affair and the placement of the vendor booths. By having the booths face the center of the avenue, the stores behind them are cut off from all of the pedestrian traffic and it really kills business for those three days. He felt that the Delray Affair could be made user-friendly by facing the booths to the stores along the ax enue so that all of the people who come downtown for the Affair will also be exposed to the businesses along the avenue. To do otherwise is alienating the merchants who pay the dues that support the Chamber who are not supporting the merchants. ll.B.5. Nancy Lierle~ Delray News & Tobacco {merchant on Atlantic Avenue). commented that her business is hurt severely from a financial standpoint for the three days of the Delray Affair. By putting the booths in the middle of the street, back to back so that they are facing the merchants, would be a help because it would give the merchants a little more exposure. The Delray Affair is good for the city and it is good for the Chamber of Commerce, but it has to be a two-way street. The merchants have to be helped also. ll.B.6. Nancy Goldberg, owner of In Chocolate in the 400 block of East Atlantic Avenue~ stated that she has been through six Delray Affairs and last year it was her choice to close down her business. Ms. Goldberg stated that she worked on a Chamber committee to try to get them to change the way the booths are situated as well as some other issues, and while some 16- 01-02-01 changes were made in, the booths still remain the same. This is a very unfortunate situation because more and more merchants are going to close while all of these people are being brought downtown and the merchants are not getting any exposure. Ms. Goldberg asked for support from the Commission in working with the Chamber so that the Delray Affair is not only a good fundraiser for the Chamber. but is advantageous for the merchants as well. 1 I.B.7. Bob Chesla~ former business owner on East Atlantic Avenue. commented that the business owners were very happy when the 500 block changed the booths at the Delray Affair to the middle of the block. They had to fight to do it, but the difference was like night and day. Mr. Chesla asked that such a change be considered for the rest of the downtox~m area. It just makes sense to give the merchants more exposure and to expand the Delray Affair over the bridge to the beach. ll.B.8. Lou Waldmann, 298 Pineapple Grove Way, commented that those in Pineapple Grove feel, too, that consideration should be given to the negative impact that events such as the Delray Affair might have on the merchants in town. Mr. Waldmann suggested that the Mayor and the Commission and others who have interest should perhaps take a broader look at some of the concerns expressed tonight. ll.B.9. Kevin Warner~ 248 Venetian Drive. wished everyone a Happy New Year. The Beach Property Owners Association was delinquent in presenting Commissioner Perlman with a certificate for being guest speaker last month and he wanted to take the opportunity to thank Commissioner Perlman and present the certificate. ll.B.10. Germ' Franciosa~ 939 Eve Streeh on behalf of Tropic Isle Civic Association. commented that there have been some problems in his community with people putting up open house and garage sale signs on the weekends, and then other residents go around and take the signs down. Mr. Franciosa requested clarification as to what is or is not allowed by City ordinance with respect to these kinds of signs. He would like to include something in a future newsletter to let everyone 'know what the rules are. Mr. Franciosa then stated that there are some streets in Tropic Isle that are not paved. and there are more streets in other parts of town in the same condition. It was his understanding that there is an ordinance that all streets in Delrav will be paved by a certain date. Mr Franciosa asked where that ordinance was and what the date is° Mr. Franciosa then commented on the problem with vagrants at Veterans Park. He felt that this was a problem in that they seem to intimidate the boaters who go there. They want to tie up your boat for a tip and if you don't tip them, people are afraid to leave their boats. Mr. Franciosa stated that he had spoken with the Chief of Police who told him that there is nothing that can be done about it. There is no law against them being there, even if they are intoxicated. ll.B.11 Richard Van Gemert~ 912 Eve Street in Tropic Isle~ Vice President of the Tropic Isle Civic Association, commented on the problem his community has with advertising circulars from local newspapers. Each day there is anywhere from one to five of them lying in the driveway, and the), are thrown all over the place. People within Tropic Isle have called the publications and asked to have their addresses taken off the listings, but are told that it can't be done. Mr. Van Gemert asked that the Commission review the existing laws and if it is appropriate consider the possibility of adopting an ordinance restricting the number of these things that can be distributed 17- 01-02-01 each month by each newspaper; perhaps one per newspaper per month would be adequate. Right now it is completely out of control and is creating a nuisance for the Tropic Isle residents. Mayor Schmidt commented that he was not surprised this evening by the appearance of the merchants speaking about the Delray Affair. Mr. Gimmy had called him last week. and he had spoken with Mr. Wood and the City Manager about it. Mayor Schmidt stated that he would be willing to facilitate a meeting with the Chamber and some representatives of the merchants and some representatives of the City if that is what the Commission would like us to do. It was the consensus of the Commission to have the Mayor proceed in this regard. 12. FIRST READINGS: 12.A. ORDINANCE NO. 1-01: An ordinance providing for a referendum to be held on March 13, 2001, on the question of whether the majority of the qualified voters of the City voting in the referendum special election give their consent and permission for the release of any deed restrictions and for the transfer and sale of part of the current Library property located at 29 S.E. 4th Avenue. If passed, a public hearing will be scheduled for January 16, 2001. The City Manager presented Ordinance No. 1-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM ON THE QUESTION OF WHETHER THE MAJORITY OF THE QUALIFIED VOTERS OF THE CITY VOTING IN THE REFERENDUM SPECIAL ELECTION GIVE THEIR CONSENT AND PERMISSION FOR THE RELEASE OF ANY DEED RESTRICTIONS AND FOR THE TRANSFER AND SALE OF PART OF THE CURRENT LIBRARY PROPERTY LOCATED AT 29 S.E. 4TM AVENUE. AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A REFERENDUM TO VOTE ON THE QUESTION OF THE RELEASE OF DEED RESTRICTIONS AND CONSENT AND PERMISSION TO PERMIT THE TRANSFER AND SALE OF SAID LANDS TO BE HELD ON MARCH 13. 2001: AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 1-01 is on file in the City Clerk's Office.) The City Attorney read the caption of the ordinance. Mr. Schwartz moved to approve Ordinance No. 1-01 on FIRST Reading. seconded by Mrs. Archer. The City Attorney stated that the City owns the land upon which the Library is built. and there is a deed restriction on part of the land that it may only be used for municipal purposes. If the City wanted to sell or transfer the land for other than municipal purposes (i.e. for private use). the question of whether or not to do so would have to be put to the voters at a referendum election. The City Manager stated that the proposal is that the Library will trade their building 18- ()1-02-01 to the Community Redevelopment Agency (CRA) for the site on West Atlantic Avenue. and the City would trade the land to the CRA for the land east of Old School Square which would allow for Old School Square's expansion. The CRA would end up with both the building and the land. and then it would be available to them for redevelopment purposes. Upon roll call the Commission voted as follows: Mrs. Archer - Yes: Mr. Schwartz - Yes: Ms McCarthy - Yes: Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 2-01: An ordinance amending Section 4.6.17, "Erosion. Soil. and Dust Control", and Section 6.1.9, "Drainage Systems", of the Land Development Regulations of the City of Delray Beach to adopt pollution control standards in accordance with the Environmental Protection Agency's National Pollutant Discharge Elimination System (NPDES) requirements. If passed, a public hearing will be scheduled for January 16, 2001. The Cit) Manager presented Ordinance No. 2-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA. AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.6.17, "EROSION, SOIL. AND DUST CONTROL". TO ADOPT POLLUTION CONTROL STANDARDS IN ACCORDANCE WITH THE ENVIRONMENTAL PROTECTION AGENCY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIREMENTS; AMENDING SECTION 6.1.9, "DRAINAGE SYSTEMS", BY ENACTING A NEW SUBSECTION 6.1.9(J) TO PROVIDE FOR REQUIRED ANNUAL INSPECTIONS OF STORMWATER MANAGEMENT SYSTEMS BY THE OWNER OR RESPONSIBLE ENTITY OF ANY LAND DEVELOPMENT OR REDEVELOPMENT THAT DISCHARGES DIRECTLY OR INDIRECTLY TO A MUNICIPAL SEPARATE STORM SEWER SYSTEM; PROVIDING A SAVFNG CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official cop3' of Ordinance No. 2-01 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 that the proposed LDR amendment includes the removal of an exemption for construction actMties involving single family homes, the addition of requirements dealing with sediment controls including installation of temporary erosion control measures prior to and during construction, with permanent control measures required within seven (7) days of any completed construction activity, and the addition of a statement that private owners of storm drain systems that connect to the municipal system will be responsible for annual inspection, operation and maintenance of their private stormwater management system. Mr. Dorling stated that the Planning and Zoning Board considered the proposed text amendment at a public hearing on December 18, 2000, and voted 5 to 0 to 19- 01-02-01 recommend that it be approved based upon positive findings with respect to LDR Section 2.4.5(M). The City Manager asked that three very minor changes be made to the ordinance to improve the readability to the lay person. On page 2, in paragraph C(1), where it reads "... Pollution Prevention Plan (PPP)", he asked that the parenthetical notation be stricken from the ordinance. The term "Pollution Prevention Plan" only appears two other times in the ordinance, and he felt it would be clearer if the term were simply spelled out in paragraphs three and six. On question from Commissioner McCarthy, Mr. Krejcarek, City Engineer. stated that the requirement for an annual inspection is part of the City's requirements under the NPDES permit. It is a mandate from the Environmental Protection Agency as part of the City's initial permit. Commissioner McCarthy then asked what type of cost impact this requirement would have on a single family residence on one acre or more of land? Mr. Krejcarek responded that most of the private systems are either in a commercial area, a parking lot, or in some of the subdivisions that have private streets and privately maintained drainage systems. As to the actual annual cost involved for a single familx home, he could not give an estimated figure, but noted that there are not very many single family homes that will be impacted. A brief discussion followed on the types of measures that could be used for pollution control as required under the ordinance for single family homes on an acre or more. including relatively inexpensive control measures such as hay bales. It was further clarified by Mr. Krejcarek that the required annual inspection can be done by the homeowner. At this point there are no forms that have to be submitted: the homeowner is only required to keep records that he or she is doing something. Mrs. Archer moved to approve Ordinance No. 2-01 on FIRST Reading, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy- Yes: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed v¢ith a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 12.A. CiR' Manager. As an update on the beach cleanup, the City Manager stated that the Coast Guard had reported that they should be out of the Anchor Park parking lot by the end of the da', tomorrow. January' ~. 2001. 12.B. City Attorney. The City Attorney had no comments or inquiries. 12.C. City Commission. 12.C.1. Commissioner Archer commented that at the last BPOA meeting she attended. there was some discussion by the residents about a problem with lighting at the north end of the beach. Apparently there is very little lighting and some concern was expressed about the safetx of residents out walking early in the morning or in the evening. She asked the City Manager to find out what level of illumination there is along the walkway at the north end of the beach. 20- 01-02-01 12.C.2. Commissioner Perlman wished everyone a Happy New Year and thanked Assistant City Manager Bob Barcinski for the good .job he did of handling things while the City Manager was away last week. Commissioner Perlman then stated that he had gotten a couple of calls from concerned employees about the increased cost of the health insurance plan from what is in place now. He was particularly concerned about what impact this could have on the Police Department and would this be another thing that could encourage further attrition if there is a hefty health insurance premium hike. 12.C.3. Commissioner McCarthy commented that with the City getting close to buildout. she would like to know if the City has done any research or could do some research to see if we need to address the numbers that we have in our Police and Fire Departments? If the needs are going to change because of demographics, maybe this could be addressed ahead of time instead of reacting to something after it happens. In response, the City Manager commented that when certain things happen and as the City expands we know we will need to add people in the Fire Department. As far as police is concerned, the City already has a very high ratio of police officers to population compared to other cities in the area. The problem with police is getting full)' staffed. He felt that if the department could be brought up to full staff, we would be in good shape. 12.C.4. Commissioner Schwartz asked what was being done about the air traffic situation, especially the noise and altitude? Mayor Schmidt stated that he would be contacting the PBIA Manager to try to set up a meeting with him. It was his understanding from talking to the City Manager in Boca as well as a couple of the commissioners, the)' are placing the blame on the Palm Beach tower and the direction it is giving 1o the Boca tower. Commissioner Schwartz indicated that he would be glad to help out in any way that he might be able to. He continues to receive a large number of calls on this issue and hoped that something could be done about it. Commissioner Schwartz concluded b3 wishing everyone a very happy, peaceful and healthy New Year! 12.C.5. Mayor Schmidt reminded the Commission that the annual Town Hall meeting will be held on Tuesday, January 30th, at Old School Square. The meeting starts at 7:00 p.m. Mayor Schmidt noted that he will be out of town for the Commission workshop scheduled for February 13th and Commissioner Archer will also be out of town on the trip to Tanzania. He asked if the Commission would like to leave the February workshop as scheduled with only three in attendance or reschedule it to another date. It was the consensus of the Commission to reschedule the February workshop from the 13th to February 27th' the fourth Tuesday of the month. Mayor Schmidt noted the Florida League of Cities Datagram in which IEMO 21 - 01-02-01 (Institute for Elected Municipal Officials) classes are again being offered, and also that the Florida Institute of Government looks like it has a couple of pretty interesting land use seminars coming up. Mayor Schmidt stated that he had received a letter from the Florida Beach Patrol Chiefs Association and they wanted to commend two of our Ocean Rescue Lifeguards (Steve Zickl and Joe Wagenhouse) for their assistance in the Ocean Mile Swim Series. Mayor Schmidt echoed Commissioner Perlman in thanking Mr. Barcinski for the great job he did during the City Manager's absence last week. 8:00 p.m. There being no further business, the meeting was adjourned by Mayor Schmidt at C'it~ Cl~rk- ~' 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 City Commission regular meeting held on January 2. 2001. which minutes were formally O& zcc zz.,, . fi' / / approved and adopted by the City Commission on ..... "City Cler~' ? 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 Cit3 Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. 22- 01-02-01 Canmng Shoes Inc 335 E. At~ant~c Ave Delray Beach, FL 33483 Vince Canning Shoes Telephone (561) 276-6570 Fax (561) 276-0880 4/24/98 Bill Wood President Delray Beach Chamber of Commerce 64SE 5thAve Delray Beach. F1 33483 Dear Bill What a great weekend/'or the Delrax Affmr The ~eather was great and the streets were busy I just wanted to follow-up on the 300 Block There is a success story on the 300 block Ihe changes made improved the block Traffic flor, was good and the vendors I talked to had no cornplaints ~hde the merchants are very very happy Our sales x, crc up 300% as ~ell as Suite Chen's The Trellis shop v, as up 50% and Hand's had an ~ncr,.ase These result's were made despite the later date of the show Our return traffic this week has been fantastic Ihe Delra~ Aft'air worked tbr both the merchants of our block and the vendors as well I think we can make se,~eral more changes and should strive to work on the 400 block in some way I have other items, but they can be addressed later I look forward to ~orkang with you. Bonnie and Lynn or whomever the new Event Chairperson and/or new Event Coordinator at the Chamber ma3 be Sincerely, Mark Denkler President, Canning Shoes. lnc and Chairman of tile Atlantic Avenue Delray Affmr Cornmittee JANUARY 16~ 2001 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, January 16, 2001. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Bill Schwartz (arrived 6:05 p.m.) Mayor David Schmidt Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2_ The opening prayer was delivered by Reverend Matthew "Bump" Mitchell, Christ Missionary Baptist Church. The Pledge of Allegiance to the flag of the United States of America was given. Agenda Approval. Mayor Schmidt noted the addition of Item 9.I., Request for Funding/EPOCH's Spady Museum Project, to the regular agenda by addendum. Mr. Perlman moved to approve the agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. (Commissioner Schwartz arrived at the meeting, the time being 6:05 p.m.) APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of December 12, 2000, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Mr. Schwartz moved to approve the Minutes of the Regular Meeting of January 2, 2001, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. PROCLAMATIONS: 6oAo American Heritage School Key Club Day - January, 30~ 2001 Mayor Schmidt read a proclamation recognizing and commending the American Heritage School of Boca/Delray on the occasion of it's first annual Key Club installation and charter ceremony, and further proclaiming January 30, 2001 as American Heritage School Key Club Day in the City of Delray Beach. 6.B. Recognizing and commending Rhiannon Jeffrey, Freshman at Atlantic High School~ on her outstanding achievements in swimming Mayor Schmidt read and presented a proclamation recognizing and commending Rhiannon Jeffrey on her outstanding achievements and performance in the sport of swimming and for bringing honor and distinction to Atlantic High School and the City of Delray Beach through her efforts. Ms. Jeffrey came forward to accept her proclamation from Mayor Schmidt. 6.C. Recognizing and commending the Atlantic High School Boys Cross Country Team on an outstanding and unprecedented season Mayor Schmidt read and presented a proclamation recognizing and commending the members of the Atlantic High School Boys Cross Country Team (John Jefferson, Sean Jefferson, Alfredo Felix, Josh Randall, Kenny Schappert, Billy Grummer and Patrick Bowser) and their Coaches (Mike McPherson, Manny Moreno and Ken Schappert) on an outstanding season that included winning the Conference, County, District, Regional and State Championships, and for bringing honor and distinction to Atlantic High School and the City of Delray Beach through their efforts. The members and coaches of the Atlantic High School Boys Cross Country Team came forward to accept their proclamations from Mayor Schmidt. Coach Mike McPherson, on behalf of the team, expressed his thanks and appreciation to the Commission for this recognition. 6.D. Recognizing and commending the Delray Beach Fire Department's Dive Team as the TOP DIVE TEM OF THE YEAR 2000 Mayor Schmidt read and presented a proclamation recognizing and commending the members of the Delray Beach Fire Department's Dive Team (Driver Engineer Michael McCleary, Driver Engineer Christopher Zidar, Driver Engineer James Dalton, Paramedic Joseph Lang, Paramedic Matthew Pearce and Lieutenant William Marino) on their outstanding achievements at the 14th Annual Public Safety Divers National Championship and Forum, and as outstanding citizens of the community and distinguished representatives of the City of Delray Beach. The members of the Fire Department's Dive Team came forward to accept their proclamations from Mayor Schmidt. Division Chief Russ Accardi commended the Dive Team 01-16-01 members on their dedication, and recognized the quality of the professional services available to the citizens of Delray Beach through their efforts. Chief Accardi, on behalf of the Dive Team, expressed his thanks and appreciation to the City Commission for their support and recognition. At this point, the City Manager introduced the new Fire Chief, Kerry Koen. He commented that Chief Koen did an outstanding job for the City when he was here before and he was very pleased that he was able to get him to come back to Delray Beach. Chief Koen commented that it was an honor to be back in Delray Beach and he looked forward to again being a part of the City's outstanding Fire Department. PRESENTATIONS: 7oA. 2000 City Golf Championship Awards (Sandra Eriksson, Director of Golf) Sandra Eriksson, Director of Golf, introduced Mary Beth Birsky as the new Director of Operations at the Delray Beach Golf Club. year 2000: Ms. Eriksson then presented the following City Golf Championship awards for the Senior Women's First Flight - Women's Second Flight - Women's First Flight - Senior Women's Champion - Eva Lochridge, Delray Beach Martha Clark, Delray Beach Nola-Ann Pearson, Boca Raton Jean Flockenzier, Delray Beach Super Senior Men's First - Super Senior Men's Champion - Senior Men's Second - Senior Men's First Flight - Men's Second Flight - Men's First Flight - City Champion Men's - Alex David, Palm Beach Gardens Guido Cavallo, Boca Raton J.C. Campbell, Delray Beach Craig McCann, Pembroke Pines Mike Chwalik, Delray Beach Ralph Royse, Boynton Beach Tim Conley, Delray Beach 7oB. Commission Long Drive Competition (Commissioner Perlman) Sandra Eriksson, Director of Golf, presented the City Commission Long Drive Competition trophy to Commissioner Perlman with her congratulations. Ms. Eriksson noted that Commissioner Perlman gets to keep the trophy for a year, and will have the opportunity to defend his win in the 2001 long drive competition. 7oC. Report on School Attendance Boundaries (Janet Meeks) Janet Meeks, Senior Planner, gave an update on the school attendance boundaries issue. At their December 6, 2000 meeting, the School Board did not approve either the City's proposed boundaries or the Attendance Boundary Committee's (ABC) proposal. Instead, the School Board directed district staff to get together with the municipalities to come up with an -3- 01-16-01 alternative boundary scenario. This was done and an alternate plan was arrived at. That plan was approved on first reading at the School Board meeting on December 13, 2000. Ms. Meeks proceeded to give a short presentation on the demographics of the new plan. Under the plan, in order to include the Bass Creek neighborhood in the Carver Middle School boundary, Delray Estates was shifted from Carver down to Omni Middle School, and the area south of Germantown Road west out to Linton Boulevard would now go to Omni Middle School as well. Under the alternate plan, the capacity at Carver Middle School would decrease from 124% utilization down to 102%, while the minority percentage for Blacks would increase from 45% existing to 59%. It appeared that everything was going along well, but concerns have now been raised by Boca Raton parents over what the alternate plan does to the demographics at Omni Middle School. Their concern is that under the alternate plan, Omni's capacity is raised to 110%. Omni is currently at 101%. The complaint is that the Omni facility is a small plant and to provide additional portables would be a tremendous hardship. They also had concerns that the alternate plan would shift a new minority population into Omni and that they would prefer to keep the same group that currently exists at that school. Two of the Boca Raton parents worked on a new proposal for Omni Middle School where Delray Estates would remain within Carver's boundaries and the Bass Creek neighborhood would go to Omni Middle School. Ms. Meeks commented that it was stressed to the School District how important it is to Delray Beach to keep the Bass Creek subdivision in our boundaries. With second reading of the alternate plan scheduled for the School Board meeting on January 22, 2001, Ms. Meeks stated that she anticipates objections from the Omni people because of their concerns with the 110% utilization. She noted that it had been suggested to them that they look to the south and east because, under the alternate proposal, Boca Middle School is only at 83% capacity. In view of this, they were asked if they would leave Delray Beach boundaries alone and take a look at shifting between Omni and Boca Middle School. Given all of the above, Ms. Meeks stated that she was fairly confident that the alternate plan proposal would be approved by the School Board, although she felt there would be public comments from the Boca Raton parents. On question from Commissioner McCarthy, Lula Butler, Director of Community Improvement, commented that she did not feel a huge delegation from Delray Beach would be necessary, but rather to have appropriate representation from the Carver delegation and the Bass Creek neighborhood. CONSENT AGENDA: (City Manager recommends approval) 8oAo AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE MUNICIPAL ELECTION ITEMS: Authorize the Palm Beach County Supervisor of Elections to handle and canvass the City's absentee ballots for the March 13, 2001 municipal election, and represent the City at the requisite logic and accuracy tests. 8.B. RESOLUTION NO. 4-01: Approve a resolution vacating and abandoning two utility easements within the Plat of Delray Ocean Estates, based upon positive findings and subject to the acceptance of an easement deed conveying a replacement easement. The subject property is located on the east side of South Ocean Boulevard, north of Linton Boulevard. The caption of Resolution No. 4-01 is as follows: -4- 01-16-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING TWO (2) UTILITY EASEMENTS LOCATED WITHIN THE PLAT OF DELRAY OCEAN ESTATES AS RECORDED IN PLAT BOOK 79, PAGES 69 AND 70 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO ACCEPTANCE OF AN EASEMENT DEED GRANTING TO THE CITY OF DELRAY BEACH A 10 FOOT UTILITY EASEMENT FOR REPLACEMENT PURPOSES. (The official copy of Resolution No. 4-01 is on file in the City Clerk's office.) 8.C. AUTHORIZATION TO PROCEED/ADDITIONAL SERVICES ASSOCIATED WITH THE 4TM BEACH NOURISHMENT PROJECT: Authorize Coastal Planning & Engineering, Inc. to proceed with additional services associated with the preparation of the expanded Limited Reevaluation Report for the 4th Beach Nourishment Project at a cost not to exceed $18,357.00. Funding will be from the Beach Restoration Fund (332-4164-572-31.30), to be reimbursed through federal, state and county appropriations. 8.D. FINAL PLAT APPROVAL/DEL RATON PARK REPLAT NO. 1: Approve the final subdivision plat for Del Raton Park Replat No. 1, a proposed two lot mixed use subdivision that will be developed as the Waterway Village project, located at the southwest corner of Lin&Il Boulevard and South Federal Highway. 8.E. SPECIAL EVENT REQUEST/2001 BUD LIGHT PRO/AM VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports Marketing for special event approval to allow the 2001 Bud Light Pro/Am Volleyball Tournament to be held at the municipal beach on May 12 and 13,2001. 8oF. AMENDMENT #001 TO STANDARD CONTRACT WITH DEPARTMENT OF CHILDREN & FAMILIES (SUBSTANCE ABUSE PREVENTION ACTIVITIES): Approve an amendment to the standard contract with the Department of Children & Families to increase the City's funding allocation by $50,000 (from $135,000 to $185,000) for the program year ending June 30, 2001, for substance abuse prevention activities. 8.G. RESOLUTION NO. 5-01: Approve a resolution declaring support for school nurses in all Florida public schools. The caption of Resolution No. 5-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING SUPPORT FOR SCHOOL NURSES IN ALL FLORIDA PUBLIC SCHOOLS. (The official copy of Resolution No. 5-01 is on file in the City Clerk's office.) -5- 01-16-01 8oH. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 2"a through January 12, 2001. g.I. AWARD OF BIDS AND CONTRACTS: Bid award in the amount of $23,000 to Fast Dry Companies for the resurfacing of seven (7) hard courts at the Tennis Center and to provide an on-site technician during the Citrix Tournament, with funding from 334- 4145-572-63.90 (Tennis Center/Other Improvements). Purchase award in the amount of $58,000 to Intl. Yacht Sales for the purchase of a 24.6 World Cat (Catamaran) SF Boat and twin axle trailer, and an additional $4,557.76 to various vendors for the purchase of miscellaneous supplies. Funding in the amount of $47,220 will be from the Florida Inland Navigation District (F.I.N.D.) grant, with the balance from 001-2111-521- 64.90 (Police - Other Machinery/Equipment). 3 Housing rehabilitation grant award in the amount of $19,325.25 to South Florida Construction for the rehab of a single family housing unit at 618 S.W. 7th Avenue, with funding from 118-1924-554-49.19 (SHIP - Housing Rehabilitation). Mr. Schwartz moved to approve the consent agenda, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. e REGULAR AGENDA: 9.A. AGREEMENT WITH OWL FOUNDATION INC. FOR USE OF THE MUNICIPAL TENNIS CENTER: Consider approval of an agreement between the City and the Owl Foundation Inc. for the use of the Municipal Tennis Center on Saturday, April 7, 2001, for the Owl Foundation Tennis Challenge (a Venus and Serena Williams charity event). Robert A. Barcinski, Assistant City Manager, presented an overview of the proposed event and agreement. The event will be a charity event featuring Venus and Serena Williams, and will include exhibition matches, children's and adult clinics, a Pro/Am, and related activities. The purpose of the event is to serve as a fundraiser for the Owl Foundation Inc. which provides services and assistance to young people experiencing academic difficulties. Mr. Barcinski noted that the agreement is similar to the agreement the City has with Chris Evert Charities. It will be a one day event with a three (3) year commitment, and will include television coverage. He further stated that the City has received a verbal commitment from County Commissioner Addie Greene to fund the $25,000 cash contribution to the Foundation. Mr. Barcinski stated that the staff recommendation is for approval of the agreement. On question from Commissioner Archer as to an estimated cost to the City for this -6- 01-16-01 event, Mr. Barcinski stated that he felt the City's cost would be roughly $8,000. That would include the $3,000 rental fee, estimated overtime, and ancillary costs such as utilities. On question from Commissioner Perlman as to the date of the event, the City Manager noted that the agreement provides that the event will take place in the month of April. Each year, the City and the Owl Foundation will come up with a mutually agreeable date. Commissioner McCarthy stated for the record that she had had a meeting with County Commissioner Greene and Mr. Dubin when this event was being discussed. She confirmed that Commissioner Greene stated at that meeting that she was in support of this event and was going to go to the County administration to find out how to structure the contribution. That is probably why the City has not yet received a written confirmation on the funding. Commissioner McCarthy moved to approve the agreement between the City and the Owl Foundation Inc., seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.B. RESOLUTION NO. 3-01 (TENNIS FACILITIES TASK TEAM): Consider approval of a resolution establishing the Tennis Facilities Task Team as an advisory body to the City Commission. The caption of Resolution No. 3-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING THE TENNIS FACILITIES TASK TEAM AS AN ADVISORY BODY TO THE CITY COMMISSION; PROVIDING FOR THE AUTHORITY OF SAID TASK TEAM; PROVIDING FOR THE COMPOSITION OF SAID TASK TEAM AND APPOINTMENT THERETO; PROVIDING AN EFFECTIVE DATE; AND SETTING A SUNSET DATE. (The official copy of Resolution No. 3-01 is on file in the City Clerk's office.) The City Manager commented that the resolution was drafted pursuant to the City Commission's comments at the January 9th workshop. It is anticipated that the Commission will appoint the membership at the February 6th regular meeting, with the task team to immediately pursue its assigned task with a target completion date of April 17, 2001. The sunset date can always be extended by action of the Commission, if necessary. For the record, Mayor Schmidt stated that he wished to correct one thing that was in the newspaper the other day. There was a story that said that this task team was going to decide the final use for the Delray Swim & Tennis Club, and that a decision would be made by the end of April 2001. Mayor Schmidt clarified that this is something that is going to be done as part of the Parks and Recreation master plan and needs assessment. Input from the task team will, of course, 01-16-01 be accepted, but it will not be a done deal by the end of April. The City Manager added that this task team is going to address all of the City's tennis facilities; not just that one. Commissioner Archer moved to approve Resolution No. 3-01, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.C. SPECIAL EVENT REQUEST/DELRAY AFFAIR: Consider a request from the Chamber of Commerce for special event approval for the Delray Affair to be held April 20-22, 2001. Robert A. Barcinski, Assistant City Manager, presented an overview of the annual request for the Delray Affair. He noted that the maximum City contribution for overtime would be $11,500.00, all vendor permits would be assigned by the Chamber of Commerce, and the Delray Affair would be the only event allowed to be held in the City during the period April 20-22, 2001. On question from Commissioner McCarthy, Mr. Barcinski clarified that the Delray Affair 5K Run is looked at as being a part of the Delray Affair although it was agendaed as a separate item. Mr. Barcinski continued that approval of the request is recommended with the conditions that the Director of Parks and Recreation have input concerning the events proposed on park property, that signs be approved per code requirements, that banners be allowed within the confines of the event site as may be approved by the Director of Community Improvement, and that the approval be contingent on receipt of a certificate of insurance and hold harmless agreement. Mr. Perlman moved to approve the special event request for the 2001 Delray Affair subject to the staff recommendation. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. As a point of information, Mayor Schmidt stated that he had a meeting set up on Monday (January 22, 2001) with the merchants, Police and Fire personnel, and city officials about the issue that was brought up at a recent Commission meeting concerning the placement of the vendor booths during the Delray Affair. 9.D. SPECIAL EVENT REQUEST/DELRAY AFFAIR 5K RUN: Consider a request from the Chamber of Commerce for special event approval for the 3rd Annual Delray Affair 5K Run & Health Walk to be held on Saturday, April 21, 2001. Robert A. Barcinski, Assistant City Manager, presented an overview of the request. He recommended approval, subject to splitting the overtime costs 50/50 with a cap of $1,000.00 and contingent on receipt of a certificate of insurance and hold harmless agreement. Mrs. Archer moved to approve the special event request for the 2001 Delray Affair 01-16-01 5K Run subject to the staff recommendation. The motion was seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.E. AMENDMENT TO STANDARD PARKING LICENSE AGREEMENT: Consider approval of proposed penalties for violation of the standard valet parking license agreement. Robert A. Barcinski, Assistant City Manager, explained that the current parking license agreement for valet parking contains a termination clause whereby the agreement could be terminated by the City Manager for any violation. In practice, however, when a violation is noted by the Police Department, a letter has been sent requiring correction of the violation within a certain time period as opposed to immediate termination. From time to time a valet company working for the licensee will violate certain sections of the agreement, primarily those related to parking and use of the queues. The Parking Management Advisory Board, along with Police representatives, considered this matter and recommended that a progressive fine system be put in place to encourage compliance as opposed to automatically terminating an agreement for any violation. The proposed amendment would impose fines for (1) valet parking in public parking spaces both on street and in lots, (2) valet parking in the designated queue area, and (3) for expanding the approved queue area. The recommended schedule of fines would start with a warning and progress to termination on the fourth (4th) violation within the one year term of the agreement. The penalties would apply to the holder of the agreement and not to the valet service. Mr. Schwartz moved to approve the amended Parking License Agreement, 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. Schwartz - Yes. Said motion passed with a 5 to 0 vote. 0oF. REQUEST TO EXTEND SANDOWAY PARKING LOT CLOSING TIME: Consider extending the closing time for the Sandoway parking lot from 8:00 p.m. until 9:00 p.m. during the season. Robert A. Barcinski, Assistant City Manager, stated that staff has been conducting random surveys of parking along A 1A and the beach parking lots pursuant to Commission direction at the August 1, 2000 regular meeting. The surveys started at the end of September 2000 and will continue through the end of the season. The survey was segregated into various segments along A1A to reflect vacant spaces and also includes the number of cars parked in various beach lots on random dates and times. He discussed the trends reflected in the surveys which showed few, if any, spaces available on A1A south of Atlantic Avenue to Ingraham Avenue, fewer spaces available on A1A at night after 8:00 p.m. and when it was not cold out, fewer spaces available in general after about the middle of November, and that the daytime counts reflect a higher number of vacant spaces on A1A when all lots are open. Mr. Barcinski continued that the Parking Management Advisory Board reviewed the data at a special meeting earlier today and voted 7 to 1 to recommend that the closing time for the Sandoway parking lot be extended to 9:00 p.m. through season (April 30th). At the end of the season, additional data would be compiled and brought back to the City Commission for further evaluation. 01-16-01 Mr. Schwartz moved to approve extending the closing time for the Sandoway parking lot from 8:00 p.m. to 9:00 p.m. through the end of the winter season (April 30th), seconded by Mr. Perlman. Prior to roll call, Commissioner McCarthy commented that she had been contacted by two residents of the neighboring Ocean Place condominium (Sally Williams and Margaret Comstock) who indicated to her that they were opposed to extending the closing time for the Sandoway lot. Commissioner Perlman commented that he felt the 9:00 p.m. closing time until April 30, 2001 for evaluation purposes was a reasonable request, although he would not support a later closing time. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.G. KLASFELD V. CITY OF DELRAY BEACH: Consider an offer from Plaintiff to satisfy nuisance abatement liens upon certain property. The City Attorney recommends denial of the offer. The City Attorney stated that a letter offer had been received from Plaintiff's counsel offering to pay the City $425 in satisfaction of the fourteen (14) liens against the subject property. This amount is $39.00 less than the City's actual costs in abating the nuisances and does not include any administrative fee to the City or interest upon the liens. Mr. Schwartz moved to DENY the offer of settlement in the referenced matter, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint two citizen-at-large representatives to the Parking Management Advisory Board for two year terms ending January 31, 2003. The appointments will be made by Mayor Schmidt (Seat #5) and Commissioner Perlman (Seat #1). Mayor Schmidt stated that he wished to reappoint Bernard Dahlem as a citizen-at- large representative on the Parking Management Advisory Board for a two year term ending January 31, 2003. Mr. Schwartz so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Commissioner Perlman moved to reappoint Randy Straghn as a citizen-at-large representative on the Parking Management Advisory Board for a two year term ending January 31, 2003. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; 10- 01-16-01 Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.I. REQUEST FOR FUNDING/EPOCH'S SPADY MUSEUM PROJECT: Consider a request from EPOCH (Expanding & Preserving Our Cultural Heritage, Inc.) for funding in the amount of $57,000 as an interest-free loan to be paid back within a two year period, to pay the balance of EPOCH's commitment to the Spady Museum project. (BY ADDENDUM) Mayor Schmidt stated that he was contacted last week by Vera Farrington and Elaine Woods, EPOCH's new Executive Director, about a shortfall in their fundraising efforts for EPOCH's commitment to the building renovation for the Spady Museum project. Their request is for the Commission to consider loaning them that shortfall, which is in the amount of $57,000 for a two year period on an interest-free basis. Elaine Woods, Executive Director of EPOCH, discussed with the City Commission her plans for fundraising activities in order to raise the necessary funds to repay the City for the loan and to get back on track with the Spady Museum. In addition, Ms. Woods stated that she planned to pursue an aggressive membership campaign, corporate and private donations. The projected repayment schedule is as follows: first installment of $15,000 due December 31, 2001; second installment of $15,000 due May 30, 2002; final payment of $27,000 due December 31, 2002. On question from Mayor Schmidt, the City Manager stated that funding for the loan would be available from projected surplus for the current year. Mr. Schwartz moved to approve funding in the amount of $57,000 as an interest-free loan to be paid back within a two year period, to pay the balance of EPOCH's commitment to the Spady Museum project. The motion was 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. Schwartz - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 3-01 {FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations by placing a moratorium on business uses as defined herein opened for business at any time between the hours of 12:00 midnight and 5:00 a.m. for a period of six months from the date of adoption of this ordinance in the General Commercial zoning district and the Central Business District within the Downtown Development Authority area. If passed, a second public hearing will be scheduled for February 6, 2001. The City Manager presented Ordinance No. 3-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF 11 - 01-16-01 ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9(B), (C), (D) AND (G), AND BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTIONS 4.4.13(B), (C) AND (D) WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY AREA AS MORE PARTICULARLY DESCRIBED HEREIN, BY PLACING A MORATORIUM ON BUSINESS USES OPENED FOR BUSINESS AT ANY TIME BETWEEN THE HOURS OF 12:00 MIDNIGHT AND 5:00 A.M. AND AS FURTHER DEFINED HEREIN, FOR A PERIOD OF SIX MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE IN THE GENERAL COMMERCIAL (GC) DISTRICT AND THE CENTRAL BUSINESS (CBD) DISTRICT WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY AREA; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 3-01 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 that the six month moratorium would prohibit the establishment of new businesses having operating hours between 12:00 midnight and 5:00 a.m., and would also prohibit existing businesses which currently do not operate during these hours from extending their hours of operation during this time period. The ordinance would apply within the General Commercial zoning district and the Central Business District within the Downtown Development Authority area. The ordinance would not affect any existing businesses that currently operate between these hours, and provides an exemption for hotels, motels, office uses, restaurants and cocktail lounges. Mr. Dorling continued that the West Atlantic Redevelopment Coalition (WARC), the Community Redevelopment Agency (CRA) and the Downtown Merchants Association (DMA) Board had all reviewed the proposed ordinance and recommended approval. The Downtown Development Authority considered a moratorium on convenience stores at their December 2000 meeting and recommended approval. Since that time, the language has been expanded to 24-hour businesses and the revision will be reconsidered by the DDA on January 17, 2001. The Downtown Business Merchants Association (DMAD) will also consider the moratorium on January 17, 2001. In December, 2000, the Planning and Zoning held a public hearing on the proposal for a six month moratorium on 24-hour convenience stores. During the meeting the Board expanded its discussion to 24-hour businesses, a concept that they endorsed. However, the Board's formal recommendation was limited to approval of the six month moratorium for 24-hour convenience stores. The Planning and Zoning Board will reconsider the moratorium for 24-hour businesses on January 22, 2001. All recommendations will be reported to the City Commission at or before second reading of the proposed ordinance. 12- 01-16-01 Commissioner Perlman asked why the proposed ordinance had been broadened to address "24-hour businesses" if the intent was to work on convenience stores.'? He asked if there was a state definition for "convenience store" and if it would not be preferable to use that language instead.'? Mr. Dorling stated that the West Atlantic Redevelopment Coalition, where the proposed ordinance originated, had a concern that if the moratorium was limited to just convenience stores, that a convenience store would somehow be able to call itself something else and get around the ordinance, so they wanted it expanded to 24-hour businesses. Commissioner Perlman expressed concern that certain types of uses, such as call centers and e-commerce, could be adversely impacted by a moratorium on "24-hour businesses". Mr. Dorling stated that the zoning code would consider those uses as office uses, and that the proposed ordinance includes an exemption for office uses. He noted that this exemption was added in direct response to concerns by the Chamber of Commerce that we would not want to exclude those types of uses. Commissioner Perlman commented that he was not comfortable with using the broader language for the moratorium as opposed to just convenience stores. He felt it would be preferable to go with the state definition of convenience store instead of having to worry about how the broader language might be interpreted by the business community. The City Attorney noted that the statutory definition of "convenience store" exempts out certain things that the City might consider to be a convenience store. The moratorium ordinance was originally drafted with only convenience store uses, but the Police Department wanted it to be somewhat broader so that other 24-hour businesses could be looked at also, except for the uses that are totally exempted from the ordinance. The City Manager commented that "laundromats" had also been mentioned as a concern, where somebody might want to open up a 24-hour laundromat. There are some other types of businesses that could be a source of problems, and the intent is to allow some time to study the whole issue. 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. Speaking from the audience was the following: Frank Wheah Chairman of the Downtown Development Authority, stated that the entire DDA Board was in full support of the six month moratorium on 24-hour businesses, and that a letter confirming this position had been forwarded to the City. There being no one else from the audience who wished to speak on this item, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 3-01 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. 13- 01-16-01 Perlman - No; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 1 vote. 10.B. ORDINANCE NO. 4-01: An ordinance amending Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(G), "Supplemental District Regulations", of the Land Development Regulations by increasing the parking requirement for restaurants in the original Downtown Development Authority area. If passed, a second public hearing will be scheduled for February 6, 2001. The City Manager presented Ordinance No. 4-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS BY AMENDING SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO INCREASE THE PARKING REQUIREMENT FOR RESTAURANTS IN THE ORIGINAL DOWNTOWN DEVELOPMENT AUTHORITY (DDA) AREA; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 4-01 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 that the proposed change is to increase the parking requirement from one space per 300 square feet of floor area to six (6) spaces per 1,000 square feet, or an increase of 2.67 spaces per 1,000 square feet. The proposed text amendment was generated by a recommendation from the Parking Management Advisory Board. The Downtown Development Authority, the West Atlantic Redevelopment Coalition and the Community Redevelopment Agency all reviewed the change and recommended approval. The Planning and Zoning Board considered the text amendment at a public hearing on November 20, 2000, and voted 5 to 1 to recommend that it be approved. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one from the audience who wished to speak on this item, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 4-01 on FIRST Reading, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. - 14- 01-16-01 Commissioner McCarthy commented for the record that this ordinance will only apply to new or increased restaurant space in the original Downtown Development Authority area. It will not do anything to discourage the growth and redevelopment of those areas of the City that are targeted for redevelopment. 10.C. ORDINANCE NO. 5-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Sections 4.4.13(G) and 4.4.24(G) of the Land Development Regulations by deleting the one time one space parking reduction within the Central Business District (CBD) and the Old School Square Historic Arts District (OSSHAD). If passed, a second public hearing will be scheduled for February 6, 2001. The City Manager presented Ordinance No. 5-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(G), "SUPPLEMENTAL DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY DELETING THE ONE TIME ONE SPACE PARKING REDUCTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 5-01 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 that when the Commission reviewed this proposal at the January 9th workshop, it was the consensus not to support the complete elimination of the one time one space parking reduction as proposed in Ordinance No. 5-01. It was felt that eliminating this provision could have an adverse impact on smaller, "Mom & Pop" type operations that might want to locate in the CBD or OSSHAD districts. Instead, the Commission gave direction to allow for a one space parking exemption in those instances where either new development, expansion of an existing use or a change in use resulted in the requirement of only one new parking space. If more than one parking space was required, no exemption would be allowed and parking would have to be provided in order for the development to occur. In response to that direction, staff drafted Ordinance No. 6-01 which is proposed this evening for Commission review. Mr. Dorling stated that if the substitute ordinance (6-01) accurately reflected the Commission's direction, staff would proceed with advertising it for formal consideration on first reading and at a first public hearing on February 6, 2001. 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. 15- 01-16-01 Mayor Schmidt declared the public hearing open. Speaking from the audience was the following: Frank Wheat, Vice-Chairman of the Parking Management Advisory, Board~ stated that the Parking Board favored the proposed ordinance as it was originally written. However, at a special meeting held earlier today, the Board reviewed the substitute ordinance and voted to recommend it's approval as it accomplishes what the Board wants to see done in the affected areas. There being no one else who wished to speak on this item, the public hearing was closed. Ms. McCarthy moved to DENY Ordinance No. 5-01 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.C.1. Review of proposed Ordinance No. 6-01 (modified ordinance re one time one space parking reduction as discussed at the January 9th workshop). The City Manager presented Ordinance No. 6-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC)", SUBSECTION 4.4.28(G), "SUPPLEMENTAL DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY MODIFYING THE ONE TIME ONE SPACE PARKING REDUCTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Upon discussion, it was the consensus of the City Commission that substitute Ordinance No. 6-01 accurately reflected the direction given at the January 9th workshop, with further direction to proceed with advertising the ordinance for First Reading/First Public Hearing on February 6, 2001. 10.D. ORDINANCE NO. 1-01: An ordinance providing for a referendum to be held on March 13,2001, on the question of whether the majority of the qualified voters of the City voting in the referendum special election give their consent and permission for the release of any deed restrictions and for the transfer and sale of part of the current Library property located at 29 S.E. 4th Avenue. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a 16- 01-16-01 public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 1-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM ON THE QUESTION OF WHETHER THE MAJORITY OF THE QUALIFIED VOTERS OF THE CITY VOTING IN THE REFERENDUM SPECIAL ELECTION GIVE THEIR CONSENT AND PERMISSION FOR THE RELEASE OF ANY DEED RESTRICTIONS AND FOR THE TRANSFER AND SALE OF PART OF THE CURRENT LIBRARY PROPERTY LOCATED AT 29 S.E. 4TM AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A REFERENDUM TO VOTE ON THE QUESTION OF THE RELEASE OF DEED RESTRICTIONS AND CONSENT AND PERMISSION TO PERMIT THE TRANSFER AND SALE OF SAID LANDS TO BE HELD ON MARCH 13, 2001; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 1-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. Speaking from the audience were the following: Kevin Warner~ 248 Venetian Drive, stated that while he felt the proposed referendum was a good idea, he also felt that language should be added to it so that the issue would be presented in a clear manner. He suggested that some background be provided to the voters so that they might better understand what the need is and why the question is on the ballot. He could see where someone who is not familiar with the issue might have questions or be confused if they do not have the right information. For the record, the City Attorney stated that the City is constrained by state statute as to the number of words that can be contained in the actual ballot question. By statute, only 75 words are allowed; the question as proposed contains 71 words. Notwithstanding this, the City can certainly pursue educational efforts to better inform the voters. Alice Finst~ 707 Place Tavant, asked for an explanation in layman's terms as to what is involved with the referendum, if it is tied into some kind of three-way land trade, and what will happen if it is approved or not approved? - 17 - 01-16-01 Mayor Schmidt responded that the present Library building is owned by the Library Association, but the property that it is built on is owned by the City. When the land was given to the City, them was a deed restriction on a portion of the property that restricted it's use for municipal purposes. That deed restriction can only be released by an affirmative vote of the citizens of Delray Beach, and that is why it has to go to a referendum for approval by the voters. Assuming the referendum is approved, the present plan is that the land would be swapped by the City with the Community Redevelopment Agency and the Library Association would give the building to the CRA in exchange for the Library Association getting land next to the Courthouse on West Atlantic Avenue to build a new library building. The City would receive the CRA parking lots on the east side ofN.E. 1st Avenue which Old School Square hopes to use for it's expansion. At this point, Diane Dominguez, Executive Director of the Community Redevelopment Agency, commented that she felt the CRA Board's position was that the swap would only involve the CRA property on West Atlantic Avenue (Discount Auto/Kwik Stop) for the Library building and property. The CRA Board sees the expansion of Old School Square as something completely separate from the Library transaction. The City Manager commented that the Library building and the land that it sits on are worth considerably more than what the Library would be getting on West Atlantic Avenue. He felt that the whole thing would need to be examined further if the CRA's position is as stated by Ms. Dominguez. If that were the case, what would the City be getting out of the deal? John Callahan~ Director of the Delray Beach Public Library, acknowledged that this is a very complicated issue and stated that the Library Board would do it's best to get out an informational campaign over the next couple of months in an effort to explain the situation, assuming the ordinance were to be approved this evening. The proposed referendum, if approved, would clear up the deed restriction and allow the Library to expand in the future and be able to meet the needs of the public. He felt that the terms of any potential land transactions were obviously subject to more discussion, but the immediate need was for passage of the ordinance to open the door to allow the land to be traded and the property to be redeveloped in the future. If for some reason the deal for the land on West Atlantic Avenue were to fall through, the Library Board still needs this issue to be passed so that other options could be pursued. Until the deed restriction is removed, the Library Board is pretty much stymied in any expansion effort. It is not feasible nor cost effective to attempt any further expansion on the current site, and that is why the Library Board is seeking the City's support in allowing the issue to go to the voters. Gerald Franciosa~ 939 Eve Street, commented that he was somewhat suspicious when there is a deed restriction from 1936 that the property has to be used for municipal purposes and now the City wants to have that restriction lifted. He asked what the City would do with the property, and also questioned if the Library would want to locate to the West Atlantic Avenue site as it was his understanding that this is the highest crime district in the city. In response, Commissioner McCarthy stated that this proposal has been on the table as part of the redevelopment of West Atlantic Avenue for some time; it is not a new project. She emphasized to Mr. Franciosa that the perception that it would be unsafe to have a public facility in this location is, hopefully, outdated. Much time and effort has gone into making the whole city a - 18 - 01-16-01 safe community, and that is why the City continues to move forward with enhancing all of the neighborhoods, so that if these perceptions are still out there, they can be changed. Jon Levinson~ 943 Evergreen Drive, spoke in support of the proposed referendum as he felt it was a very important issue for the City. It would be a significant psychological as well as physical benefit to the community to put the Library right in the dead center of town where it would draw people from both the east and west to that focal point. The first step in making everything come together is to get the deed restriction lifted. Once that is done, then the City, the CRA and the Library need to get together to work out the details and negotiate a fair deal. Mr. Levinson also commented that he felt it would be important to get an educational effort underway to explain the referendum to the voters and encourage them to get out the vote. There being no one else who wished to speak on this item, the public hearing was closed. Mr. Perlman moved to approve Ordinance No. 1-01 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.D.1. Election to be Ordinance No. RESOLUTION NO. 6-01: Consider approval of a resolution calling for a Special held on March 13, 2001, to provide for a referendum on the question set forth in 1-01. The caption of Resolution No. 6-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON MARCH 13, 2001, TO PROVIDE FOR A REFERENDUM ON THE QUESTION PRESENTED IN ORDINANCE NO. 1-01; PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 6-01 is on file in the City Clerk's office.) Mr. Schwartz moved to approve Resolution No. 6-01, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 2-01: An ordinance amending Section 4.6.17, "Erosion, Soil, and Dust Control", and Section 6.1.9, "Drainage Systems", of the Land Development Regulations of the City of Delray Beach to adopt pollution control standards in accordance with the Environmental Protection Agency's National Pollutant Discharge Elimination System (NPDES) 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. 19- 01-16-01 The City Manager presented Ordinance No. 2-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.6.17, "EROSION, SOIL, AND DUST CONTROL", TO ADOPT POLLUTION CONTROL STANDARDS IN ACCORDANCE WITH THE ENVIRONMENTAL PROTECTION AGENCY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIREMENTS; AMENDING SECTION 6.1.9, "DRAINAGE SYSTEMS", BY ENACTING A NEW SUBSECTION 6.1.9(J) TO PROVIDE FOR REQUIRED ANNUAL INSPECTIONS OF STORMWATER MANAGEMENT SYSTEMS BY THE OWNER OR RESPONSIBLE ENTITY OF ANY LAND DEVELOPMENT OR REDEVELOPMENT THAT DISCHARGES DIRECTLY OR INDIRECTLY TO A MUNICIPAL SEPARATE STORM SEWER SYSTEM; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 2-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. (Commissioner McCarthy left the room at this time.) 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 speak on this item, the public hearing was closed. Mr. Perlman moved to approve Ordinance No. 2-01 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. (Commissioner McCarthy returned to the dais.) 10.F. PROPERTY TRANSFER TO PALM BEACH COUNTY: Consider approval of three quit claim deeds transferring certain property located at or near the intersection of Lake Ida Road and Barwick Road from the City to Palm Beach County for the proposed expansion of Lake Ida Road. Richard Hasko, Director of Environmental Services, explained that this item is necessary in order to grant Palm Beach County the required right-of-way that they need for the 20- 01-16-01 proposed road widening. 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 speak on this item, the public hearing was closed. Mr. Schwartz moved to approve the three quit claim deeds transferring certain property from the City to Palm Beach County for the proposed expansion of Lake Ida Road. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.FA. TEMPORARY CONSTRUCTION EASEMENT: Consider approval of a temporary construction easement from the City to the County over property located at the intersection of Lake Ida Road and Barwick Road, associated with the road widening project. Richard Hasko, Director of Environmental Services, stated that the temporary construction easement would allow the County access on to the adjacent properties for purposes of actually performing the construction work. He noted that the intent was to have the temporary easement extend the entire length of the right-of-way that is being conveyed to the County. The actual legal description in this temporary construction easement only extends it a certain distance, and so another temporary construction easement will be brought forward in the future for property along the balance of the right-of-way. Mr. Schwartz moved to approve the temporary construction easement, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. ll.A. Ci.ty Manager's response to prior public comments and inquiries. In response to Mr. Franciosa's concern about off-premises signage in Tropic Isle, the City Manager stated that the Code Enforcement Division will contact him concerning the City's regulations on this type of signage. Code Enforcement personnel have monitored and will continue to monitor the Tropic Isle area, both during regular work hours and on weekends. At one time off- premises real estate signs were prevalent, but recently the number found has dwindled to three or four. Code Enforcement personnel have explained to the local real estate offices that off-premises signs are not permitted and that Code Enforcement officers regularly pick up such signs. The City Manager continued that the City Engineer spoke to Mr. Franciosa about unpaved streets within the City. He explained that any unpaved street having a residence on it 21 - 01-16-01 would be paved as part of the 2000 Roadway Bond program. The streets Mr. Franciosa was interested in were Frederick Boulevard which will be paved as part of the bond program, and Avenue "H" which will not be paved. In response to the concern expressed about some of the people hanging out at Veterans Park, the City Manager stated that Veterans Park has been one of the initiatives in District One of the Police Department for the past two years. Numerous extra patrols have been conducted and documented on all three shifts. Since 1998, based on arrests and crime statistics for this location, there appears to be a decrease in homeless and vagrant activity. However, it is difficult to quantify the decrease based on arrests alone. The law is very specific about enforcement and homeless individuals as it relates to First Amendment rights in public parks. Lawsuits have been filed on behalf of homeless individuals against law enforcement agencies for violation of Constitutional rights in both Miami and Orlando. Officers in Delray Beach are aware of their limitations when asked to enforce trespass laws in city parks. The Police Department has offered several suggestions to Parks and Recreation officials to reduce the attractiveness of the park in certain areas to vagrants. In summary, if state laws or city ordinances are being violated, the appropriate action is taken. District One officers will continue with the efforts to make Veterans Park a safe place for all of our citizens. In response to the concern expressed by Mr. Van Gemert regarding distribution of newspapers in the rights-of-way and swales, the City Manager stated that the Courts have held that First Amendment protection extends to the means of distribution as well as to the content of newspapers. However, municipalities may impose reasonable time, place and manner restrictions if the restrictions are content-neutral on the distribution of newspapers and if the restrictions are narrowly drawn without unnecessary interference with First Amendment freedoms, and if the restrictions allow for reasonable alternative chance of communication [Miami Herald Publishing v the City of Hallandale, & Gold Coast Publications v. Corrigan]. The City's current ordinance at Chapter 118 of the code is a reasonable time, place and manner restriction and is narrowly drawn. "Narrowly tailored" or "narrowly drawn" means the ordinance or regulation must not be broader than necessary to accomplish the purpose for which the ordinance was enacted. The City's ordinance provides that it is a violation of the City code if distributors fail to stop delivery within three (3) days after written notice is received by the publisher or distributor to stop distribution. The City's ordinance is constitutional because it does not provide for a total ban, but is particularized to those that request that distribution cease. In response to the complaint from Mr. Blake regarding different kinds of activities of a criminal nature at Delray Estates, the City Manager stated that at the present time there are 19 Police officer vacancies, not 30 as Mr. Blake had indicated. While this number is significant, the Police Department is able to maintain service through elimination of some activities and the use of overtime. The City Manager then relayed a report from the Police Department as to the suspected criminal activites reported by Mr. Blake, their follow-up, investigation and conclusion. 22- 01-16-01 ll.B. From the Public. 11.B.1. Jay Gordon~ 4101 Satin Leaf Court, stated that his speaking to the Commission on behalf of the tennis community for the third time in as many meetings is an indication that Mr. Dubin is not fulfilling the terms of his contract. The petition signed by some 85 tennis players almost two years ago is further indication of his failure and a signal of how long this failure has been significant. Many players tried to work with Mr. Dubin for a year before the petition came about, and it was only after his failure to run the Tennis Center even close to okay that they drew up the petition. Mr. Gordon noted that one of the items about the courts being slippery has been partly addressed by resurfacing four courts last year and four courts this year, but that was only one of the players' concerns. He felt that Mr. Dubin's proposal to form a committee to search for a Tennis Director was "preposterous, and tantamount to his own admission of failure. After five years of having the contract, the fact that he can't find a Tennis Director on his own that will work with him for any period of time is all you need to know. What else should he be doing but finding a Tennis Director for now two world class facilities here in Delray Beach, or what should be world class facilities." Mr. Gordon found it ironic that Mr. Dubin would not cooperate with the members in forming a tennis committee to deal with the day to day issues, but now forms a tennis committee to look for a Tennis Director. Mr. Gordon further stated that the last Tennis Director who quit about a month ago would probably come back to work right away if Mr. Dubin were no longer involved. Mr. Gordon also questioned the need for the formation of a task force to determine the direction of tennis in Delray or the use of the stadium. Again, he asked what Mr. Dubin has been doing for five years if not giving direction to the tennis community of Delray? Mr. Gordon continued by saying that he was gratified to see that the rusted-out light pole next to court #20 at Laver's (Delray Swim & Tennis Club) was finally removed, but questioned why it was out there for at least three months. He alerted the Mayor and another Commissioner to it last week, and it was gone a couple of days later. He also noted that there are 47 other poles on those ten courts that may or may not be rusted out. Mr. Gordon concluded by stating that he was gratified to see a free kids day announced for Delray, but felt that it might be due to his protests about expensive lessons. ll.B.2 Dino Moreno~ 102 N.E. 6th Avenue, stated that he owns several restaurants in Delray Beach and over the past ten years he has had approximately 60 burglaries of the restaurants in his area. Mr. Moreno expressed concern about the number of police officers in the city and why so many of them have left the force to go elsewhere. He did not understand why Delray Beach has such a small amount of police officers, and very slow response. He stated that he had called 9-1-1 and it took about 25 minutes to get there from one block west [of Swinton Avenue]. Mr. Moreno commented that there is a construction site just across the street from his restaurants, and there are no officers around. He has called the Police Department and it takes them 25 minutes; he has called the Sheriff's Office and they arrive in 15 minutes. They are farther away and they come first. Mr. Moreno also stated that there are no police officers in the station. Mr. Moreno commented that he pays a lot of taxes and he does not see a patrol car all day long. At 12:00 midnight he sees a patrol car. His restaurant is on Federal Highway and he sees Sheriff's cars passing by all the time, but no Delray police cars. Mr. Moreno stated that he is not afraid for his life, but feels that the lack of Police presence makes it so people do not want to come to his restaurant. They are on Atlantic Avenue and people feel safe there, but not one block north. He said that he spoke to about eight (8) officers in the past week and they all want to quit because they can get better from the county or someplace else. Mr. Moreno concluded by saying that he needs support from the Police in order to 23- 01-16-01 run his businesses. ll.B.3. Sherrial Clark~ 37 S.W. 13th Avenue, President of the Atlantic Park Gardens Association, presented several requests from the neighborhood association. First, complaints have been received from the residents about trash being left out by the bus stop at the corner of S.W. 2nd Street and S.W. 12th Avenue. It is a busy intersection and trash is often left along both sides of the bus stop. Mr. Clark asked if it would be possible to get some trash cans put out there as this would help to clean up the area. Mr. Clark asked if the City could look into having the students moved from the intersection at S.W. 2"d Street and S.W. 12th Avenue because it is a very busy area in terms of traffic. Mr. Clark continued that there are a great many vacant lots in the neighborhood and asked about the possibility of converting one or more of those lots into a playground area for neighborhood children who are not able to get over to Pompey Park. Mr. Clark commented that property values in the neighborhood have increased in the past year because of new construction, and the residents would like to see them increase even more. The big issue they have is with absentee owners, and he gave an example of a problem area being in the second block of 12th and 14th Avenues where there are a lot of apartments. Mr. Clark asked if they could get some help with putting out some type of notification in plain and simple terms to those absentee owners that they need to keep their properties up, or just to the tenants that even though they are renting, they can still take care of the place. Mr. Clark concluded by saying that the new construction has been good, but the area also needs to be upgraded in terms of plumbing (water lines) and the sewer system because when the newer homes are watering their lawns, the pressure drops sharply. 11.B.4. Cynthia Ridle¥~ 137 S.W. 12th Avenue~ stated that she is currently the Chairperson of Community Chat. She briefly discussed the history of Community Chat as a group of concerned citizens who came together several years ago to develop a community plan for the southwest section of Delray Beach. Many good ideas came out of the process, with one of the biggest accomplishments being the Village Academy. Ms. Ridley commented that an upcoming event called the Community Unity Dinner will be held on Thursday, January 25, 2001 at the Delray Municipal Golf Course. ll.B.5. Alice Finst~ 707 Place Tavant, expressed concern about the type of development that she is seeing in Delray Beach. She specifically referred to the buildings just north of Atlantic Avenue between north and southbound Federal Highways (the Republic Security Bank site), and to the five-story, yellow bank or office building next to the railroad tracks just south of Atlantic Avenue. Mrs. Finst complained that the City code would allow such drastic and out of proportion buildings to be constructed, and suggested that the code be looked at so that having more of these buildings can be avoided in the future. 24- 01-16-01 Mrs. Finst commented that the wall that has been constructed at the Community Child Care Center runs right up to the sidewalk, and she felt that this was something that needs to be looked at as well. She understood that if you look at the wall side as the rear of the property, it is probably allowed as far as the code is concerned. But as far as aesthetics and proportion, she questioned why the wall was allowed to run that close to the street? Mrs. Finst then commented on the traffic lines that have not been put in place on Lake Ida Road. She noted that Lake Ida Road was repaved back in November because of the widening that will soon be underway. However, they have yet to complete the lane striping and at night it is very difficult to see any kind of markers in the street coming up (north on) Congress Avenue and turning left onto Lake Ida Road. Mrs. Finst asked that the County be contacted to get the traffic lanes properly striped on Lake Ida Road so they can be seen at night, and suggested that perhaps some lighting at the intersection would also be helpful. ll.B.6. John Bennett, 137 Seabreeze Avenue, commented that last March about the last thing the previous Commission did was to call a special meeting at which they approved a salvage agreement with an unknown person for exploration of an unstated piece of City property east of the Intracoastal Waterway. Mr. Bennett stated that he would like to know who the person was the City contracted with, where the property was, what the person expected to find, and did the City get anything out of it? He continued that the backup material indicated that the individual had done a test bore two days before the Commission's special meeting. Mr. Bennett asked if that was done with anyone's authority from the City or did the person just go on City property and do it? Mr. Bennett then inquired about the status of sidewalk deferral agreements. He noted that in October, 2000, one was approved for the Church of God by Faith, and in the backup material it said that the staff recommended approval even though the City no longer accepted these agreements. Mr. Bennett asked when this policy was adopted, if indeed a policy had been adopted? ll.B.7. John Engels, 1781A San Jose Drive, reviewed his professional credentials and achievements, noting that he has many business and social relationships in Delray Beach. Mr. Engels then relayed to the Commission his impression of the management at the Tennis Center. He was contacted by Mr. Dubin in March 2000 and asked to help out because the Tennis Director at that time was quitting. Mr. Engels stated, "Over the next nine months I have never seen a more degrading and dyslexic management style. I saw more employees come and go than I've ever seen anywhere. Not once did Mr. Dubin walk out on the courts to watch any of the teaching or social programs. I received no salary, no insurance benefits, nothing but a percentage of my lessons. I took five days off in nine months. Three days before this last Thanksgiving I was unceremoniously told that I was terminated and that he had nothing further to say to me. He stared at me and I got up and walked out of the tennis center." Mr. Engels stated that he was telling this to the Commission because he would like to open further discussion with them, either one at a time or as a group. In addition, he found it very upsetting that Mr. Dubin would say at a public meeting that he thought his naysayers should be investigated. Mr. Engels felt this was a slap in the face to a lot of the members of the community. ll.B.8. Gerald Franciosa, 939 Eve Street, thanked the City Manager for his responses to his previous inquiries. However, he would still like to know if there is an ordinance in the City to - 25 - 01-16-01 pave all City streets and has it been budgeted, whether it be land that is undeveloped and the street is not paved. If Delray Beach wants to consider itself to be an All America City, he felt that all of the streets should be paved. Mr. Franciosa then asked if it was legal for a private citizen to take someone's signs off of a right-of-way when they don't belong there? Does that person have the right to do that? Mr. Franciosa then commented on what he felt were too many homeless people walking around the City with shopping carts. He was not concerned from the standpoint of law enforcement and the fact that these people have rights, but felt that as an All America City, Delray Beach should have some kind of program to take care of these people. Mr. Franciosa commented on the Police Department and his feeling that they do not respond to calls. He stated that a boat was broken into at Veterans Park over the weekend, and when the owner called for an officer, no one ever came. The Police Department said to make a report by telephone. Mr. Franciosa urged the City Commission to work on this problem because having a strong Police Department that responds to the community is important. ll.B.9. Richard Van Gernert~ 912 Eve Street, Vice-President of the Tropic Isle Civic Association, commented on the agreement between the City and Tropic Isle that was fashioned to settle a lawsuit with regard to dredging the canals in Tropic Isle. In view of the fact that the project is winding down, an issue has arisen as to who is going to conduct a final survey of the canals that have been dredged to insure that the work was done to the specifications in the agreement. Mr. Van Gemert stated that he had discussed this with the City Manager and was told that the firm of Coastal Planning & Engineering would be used to do the final survey. The Tropic Isle Civic Association vehemently objects to this because Coastal Planning & Engineering was the firm the City used to do the original survey and they grossly underestimated the amount of material that needed to be removed from the canals. Mr. Van Gemert claimed that they had estimated some 2,000 cubic yards while the actual amount of dredged material was 12,000 cubic yards, some 400% more material to be removed from the canals than what Coastal had originally estimated. He felt that this indicated they are inadequate to the task of determining whether or not the canals have been dredged to the specifications. What the Board of the Tropic Isle Civic Association would like to see is that the Commission allow them to meet with City staff to select another firm to conduct the final survey, a firm that both parties would be comfortable with. 12. FIRST READINGS: None 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. Ci,ty Manager. In response to Commissioner Archer's inquiry about the City's tree protection ordinance, the City Manager stated that he would be sending a copy of Nancy Davila's (City Horticulturist) comments to the City Commission. Essentially, if the Commission wants to do something more in terms of regulating it, more staff would need to be added. The City cannot do more with the staff currently in place. The City Manager noted that one of the biggest problems is 26- 01-16-01 that when somebody hatracks a tree or trims it improperly, it becomes a code enforcement violation, but the damage is already done so it is not a very effective method of controlling the problem. 13.B. Ci.ty Attorney. The City Attorney had no comments or inquiries. 13.C. 13.C.1. Ci,ty Commission. Commissioner Archer had no comments or inquiries. 13.C.2. Commissioner Perlman, in reference to the comments made about the Police Department, stated that the City Commission takes this issue very seriously. He pointed to the recent actions the Commission has taken, including one that cost $350,000, to address the matter, albeit with the realization that those things were not going to be the answer to all of the problems. He noted that this is a very complex issue, but the Commission is keenly aware of it and the need to move rather quickly on it. With respect to the comments about an All America City, Commissioner Perlman commented that his understanding is that an All America City doesn't mean that you live in Nirvana or a perfect community. It means that you have a community that is trying to tackle its problems and that is what Delray Beach is doing. As for the homeless, Mr. Perlman acknowledged that this is a difficult issue and your heart goes out to these people. There are community resources, however, such as food pantries and a Caring Kitchen, which provide some services. He noted, too, that when someone proposed building a homeless shelter in town, the mere mention of it caused an uproar because people felt that if it was built it would attract additional homeless people to the area. Commissioner Perlman commented on how much he had enjoyed the Martin Luther King, Jr. Day festivities on Monday. The organizers did a great job. Commissioner Perlman acknowledged his Aunt, down from Brooklyn, New York, who was in the audience along with his Dad. 13.C.3. Mayor Schmidt commented that he had a meeting on Friday (January 19th) with the Operations Manager at Palm Beach International Airport to talk about the air traffic problems the City has been experiencing. Mayor Schmidt also commented that he did the ribbon-cutting this past Saturday for the Crane Apartments on Gleason Street. He urged everyone to stop by and take a tour of the property. The owners did a wonderful job of renovating the building and it is something that the City can be very proud of. 13.C.4. Commissioner McCarthy commented that she thoroughly enjoyed a very full day of activities on Martin Luther King, Jr. Day in Delray Beach. The number of people who participated from throughout the City was very encouraging. 27- 01-16-01 Commissioner McCarthy commented on how well EPOCH's Spady House Museum project is coming along and what a wonderful asset it will be by the time it is done. The museum and the history that is being documented and put in there is really outstanding. Commissioner McCarthy then commented that there is a monthly tennis news magazine that come out, and in the January issue, Pompey Park was mentioned in a full page article because there are some top-seeded youngsters playing tennis at that facility. She indicated she would bring the article in to the City so that more people might be made aware of the great things that are happening at Pompey Park right around the comer. 13.C.5. Commissioner Schwartz stated that he, too, would be attending the meeting at Palm Beach International Airport with the Mayor on Friday. ·. On question from Commissioner Schwartz, the City Manager stated that the business plan was distributed to the Commission this evening at Mr. Dubin's request for review and information purposes. Commissioner Schwartz asked if any progress had been made in getting some bus shelters built in the City? The City Manager responded that staff is continuing to work on this through the Metropolitan Planning Organization (MPO) and that, hopefully, before the year is out we will either have some bus shelters or at least be in line to get some built. Commissioner Schwartz commented that he had made several trips to the Delray Swim & Tennis Club recently and felt that it was in need of a fair amount of housekeeping. He saw a lot of trash, broken glass and that sort of thing, and felt strongly that the facility needs to be cleaned up. Since it is a part of the City now, the residents are entitled to a respectable, clean and safe environment. There being no further business, the meeting was adjourned by Mayor Schmidt at 8:50 p.m. ~ City Clerk ~TEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the January 16, 2001 City Commission Regular Meeting, which minutes were formally approved and adopted by the City Co~l~mis~ion on o~/~/O/ . 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. - 28 - 01-16-01 DELRAY BEACH Ali-America C~ PROC£4.11.4 TION 1993 WHEREAS, Key Club Intemational is a service organization for high school students that operates under school regulauons and draws its membersbap from the student body; and WHEREAS, Key Club ~s unique because it is sponsored by a local Kiwams club, composed of the leading business and professional people of the commumty; and WHEREAS, Key Club's objective :s the development of initiative, leadership ability, and good citizenship practices; and WHEREAS, the American Heritage School in Delray Beach has been invited to become a Key Club member and will hold it's Charter and Installation Ceremony on January 30, 2001; and WHEREAS, the Delray Beach C~ty Commission wEshes to express ~t's support for those students who serve as advocates for community service, leadership role models and as CEttzens who demonstrate their respect for the highest values related to home, school and community NOW, THEREFORE, I, David W. Schmidt, Mayor of the City of Delray Beach, Florida, on behalf of the CEty Comrmssion, do hereby proclaim January 30, 2001 as AMERICAN HERITAGE SCHOOL KEY CLUB DAY in Delray Beach, Florida, and recognize and commend the American Heritage School on the occasEon of it's first annual installation and charter ceremony of the Key Club of American Heritage School of Boca/Delray IN WITNESS WHEREOF, I have hereunto set my hand and caused the OffEcial Seal of the Ctty of Delray Beach, Florida, to be affixed this 16'h day of January, 2001. DAVID W. SCHMIDT MAYOR American Heritage School 6200 Linton Boulevard Delray Beach, Flodda 33484 December 18, 2000 Dear Mayor Schmidt: I am delighted to have the opportunity to invite you to be the Key Note Speaker at our first annual Installation and Charter Ceremony of the Key Club of American Hedtage School of Boca/Delray. This program will be held on Tuesday morning, January 30, 2001. A special breakfast for Key Club Members and Guests will precede the Installation and start at 8:00 A.M. The Charter/Installation Program will begin at 9:00 A.M. Your participation as a Kiwanis Member and Mayor of Delray Beach would add to the importance and dignity of this inspirational program. The entire Upper School will be in attendance and your participation will reinforce the prindples of our role in the community. Your participation will further demonstrate the community's interest in our students who serve as advocates for community service, leadership role models and as citizens who demonstrate their respect for the highest values related to Home, School and Community. _'~ I would further appreciate if you would present a Proclamation to the Key Club which would declare January 30, 2001 as American Heritage Key Club Day in Delray Beach, Florida. Thank you for your interest, leadership and support ! I look forward to you sharing this exciting day in the history of Delray Beach and American Hedtage School. Neil C. Rosen Adviser to the Key Club Pm'pose The purpose of this fact sheet is to give you a brief and general picture of the Key Club organization. Having been invited to become a Key Club member, you will need to understand its purpose and ideals. This literature will be a soume of introductory information that you, your parents, and advisors can refer to when discussing your part in this activity. W-hat is Key Club? Key Club is a service organization for high school students, that operates under school regutations and dra~vs its membership from the student body. Key Club differs from other organizations in many ways. Key Club is unique because it is sponsored by a local Kiwanis dub, corr~posed of the leading business and professional people of the community. Key Club's objective is the development of initiative, leadership ability, and good citizenship practices. Key Club is different because it functions not only on the local level, but on a district and International level This highly developed structure provides programs, literature, and the opportunity to relate to teenagers from countries all around the world. Key Club is the largest service organization of its kind, with more than 210,000 members in approximately 4,500 clubs. History 'The first Key Club was sponsored in May 1925 at Sacramento High School in California by the Kiwanis dub of Sacramento. The original concept was to develop a vocational guidance program aimed to combat the problems of student fraternities. From this evolved the idea of a service organization for the home, school and commu- n ity. This idea slowly spread throughout the United States, and by q-939, Florida had a sufficient number of Key Clubs functioning to hold a state convention and form a district. Other districts followed Florida's lead, and finally in 1943, a national organization was started, in L946, the first club in Canada was formed. Also, to establish a strong founda- tion, the Key Club International Constitution and Bylaws were adopted during that same year. Today, Key Clubs exist across North America and the Caribbean. Kiwanis Support Each Key Club must have a sponsoring Kiwanis club. The members of the Kiwanis clubs are dedicated to seein§ that Key Clubs are active and thriving. They spend a great deal of time and energy on Key Clubs' behalf to ensur ~~~ a successful program. There is also a d~strict and International level of Kiwanis that is pledged to the support of Key Clubs. Kiwanians on all three levels are valuable sources of information, wisdom, and insight. Finally, there is an International Office in indianapohs, Indiana, devoted to Key Clubbers' needs. The International Office serves as a clearing house for Key Club information, keeps the records, handles the correspondence, provides effective liaison between Key Clubs and Kiwanis, conducts the annual International Convention, and handles the organization's International publication - KEYNOTER. Dues Like most worthwhile organizations, Key Club costs money. Key Club International annual dues are just a few dollars per member. Through these dues each Key Club member receives seven annual issues of the official publi- cation - KEYNOTER, an official membership/theme empha- sis card, a Key Club Guidebook (one free per club), a wealth of [iterat'..'re (from the role of the faculty advisor and wei- coming new members to training new officers and sugges- tions for Key Club Week), a chartering service for new clubs, and many, many other services. There are also individual dues for the district organiza- tion. Some clubs charge club dues. e~Lra~ ~eac~ All*America 3993 swim team to a record 5 wins and 2 losses in dual meets; and PROCLAMATION WHEREAS, Rhiannon Jeffrey, Freshman at Adandc High School, led the girls WHEREAS, Rhiannon won all of her events in these dual meets; and WHEREAS, in her Freshman year, Rhiannon established new records at Atlantic High School in the 50 yard freestyle, the 100 yard freestyle, the 200 yard freestyle, the 500 yard freestyle, and the 200 yard individual medley; and WHEREAS, Rhiannon is the State Champion in the 50 yard freestyle and the 100 yard freestyle; and WHEREAS, Rhiannon qualified for the Olympic Trials this past year. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend RHIANNON JEFFREY on her outstanding achievements and performance in the sport of swimming and for bringing honor and distinction to Atlantic High School and the City of Delray Beach through her efforts. 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 16'h day of January, 2001. DAVID W. SCHMIDT MAYOR T~s EFFOPT AL'¢,,A', S MATTERS [lTV GF IZELRriV BELq£H DELRAY BEACH 1C0 N V,' ls~ AVENL~E · DELRAY 5EAC~ FLORIDA 33444 Ali.America Cdy WHEREAS, the Adantic I-t~oh School Boys undefeated (12 wins) in regular season competition; and · 561 243-7000 Cross Country Team was WHEREAS, the Atlantic High School Boys Cross Country Team went on to win the Conference, County, District, Regional and State Championships; and WHEREAS, the Atlantic High School Boys Cross Country Team is the first and only boys team at Adantic High School to win a State Championship; and WHEREAS, the Atlantic High School Boys Cross Country Team was led by Head Coach Mike McPherson, and Assistant Coaches Manny Moreno and Ken Schappert, to an outstanding and unprecedented season; and WHEREAS, team members John Jefferson, Sean Jefferson and Alfredo Felix were named Florida State All-Stars, and John and Sean won 1't Place and 2na Place, respectively, in the Statewide Florida All-Stars Meet. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby recognize and commend the members of the Atlantic High School Boys Cross Country Team, JOHN JEFFERSON SEAN JEFFERSON ALFREDO FELIX JOSH RANDALL KENNY SCHAPPERT BILLY GRUMMER PA TRICK BO WSER and Coaches Mike McPherson, Manny Moreno and Ken Schappert on a job well done, and for bringing honor and distinction to Atlantic High School and the City of Delray Beach through their efforts. 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 16th day of January, 2001. DAVID W. SCHMIDT MAYOR THE EFFORT ALWAYS MATTERS [IT¥ DF DELRI:I¥ BEI:I[H DELRAY BEACH Ail-America City 1993 100 N W 1st AVENUE - DELRAY BEACH FLORIDA 33444 * ':;61 '243-7000 PROCLAMATION WHEREAS, Driver Engineer Michael McCleary, Driver Engineer Christopher Zidar, Driver Engineer James Dalton, Paramedic Joseph Lang, Paramedic Matthew Pearce and Lieutenant William Marino of the Delray Beach Fire Department competed in the 14'h Annual Public Safety Divers National Championship and Forum held in Orlando, Florida on October 9~h through 13, 2000; and WHEREAS, these individuals began practicing for this competition several months in advance, committing a great amount of off duty time in order to practice as teams; and WHEREAS, this practice was essential to develop and enhance the many skills necessary to safely and efficiently rescue victims involved in water emergencies; and WHEREAS, their practice sessions helped to improve the capabilities of the Delray Beach Fire Department's Dive Team; and WHEREAS, these members of the Delray Beach Fire Department proceeded to the National Championship in Orlando and competed in a variety of water rescue scenarios; and WHEREAS, over 35 teams from throughout the United States were involved in this competition; and WHEREAS, as a result of their demonstrated skills and abilities, the team won an extraorcYmaryfourteen medals allowing them to be recognized as the Top Dive Team of the Year 2000; and WHEREAS, these members of the Fire Department have distinguished themselves while generating great community pride and awareness of the quality of services available in this coInn'lBIllty. NOW, THEREFORE, I, David W. Schmidt, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend DRIVER ENGINEER MICHAEL McCLEAR Y DRIVER ENGINEER CHRISTOPHER ZIDAR DRIVER ENGINEER JAMES DALTON PARAMEDIC JOSEPH LANG PARAMEDIC MA TTHEW PEARCE LIEUTENANT WILLIAM MARINO as Outstanding Citizens of the Community and Distinguished Representatives of the City of Delray Beach 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 16'h day of January, 2001. DAVID W. SCHMIDT MAYOR THE EFFORT ALWAYS MATTERS d, D. 2200 Highland Avenue Delray Beach, FL 33445-8701 561.243.7380 Fax 561.243.7386 Email delraygc@aol To-' DAVE HARDEN, CITY MANAGER From-' Sandra Edksson, DIRECTOR OF GOLF CC; MARY BETH BIRSKY, DIRECTOR OF OPERATIONS Date-' 12/05/00 Re= JANUARY 16, 2001 AGENDA - CITY CHAMPIONSHIP AWARDS AS INFORMED BY BARBARA GARITO, THE FOLLOWING INDIVIDUALS WILL RECEIVE THEIR AWARDS AT THE JANUARY 16TH(TUESDAY) COMMISSION MEETING: WOMEN'S CHAMPION MEN'S CHAMPION NORA PHILLIPS, PALM BEACH SEBASTIEN HUFSCHMID, GENEVA, SWITZERLAND CITY CHAMPION WOMEN'S CITY CHAMPION MEN'S WOMEN'S FIRST FLIGHT WOMEN'S SECOND FLIGHT SR. WOMEN'S CHAMPION SR. WOMEN'S FIRST FLIGHT MEN'S FIRST FLIGHT MEN'S SECOND FLIGHT CATHY SCHEFFER, DELRAY BEACH TIM CONLEY, DELRAY BEACH~) NOLA-ANN PEARSON, BOCA RATOI~) MARTHA CLARK, DELRAY BEACI-(~) JEAN FLOCKENZIER, DELRAY BEACH(~ EVA LOCHRIDGE, DELRAY BEACH (~ RALPH ROYSE, BOYNTON BEACH(~) MIKE CHWALIK, DELRAY BEACH ~) SR. MEN'S CHAMPION SR. MEN'S FIRST SR. MEN'S SECOND SUPER SR. MEN'S CHAMP SUPER SR MEN'S FIRST PADDY BARTLE'I-r, DELRAY BEACH CRAIG MCCANN, PEMBROKE PINES~) J.C. CAMPBELL, DELRAY BEACH~ GUIDO CAVALLO, BOCA RATON(I,~,) ALEX DAVID, PALM BEACH GARDENS(~ 2000 CITY CHAMPIONS- AWARDS · Page 1 Memo 2200 Highland Avenue - Delray Beach, FL 3344.5-8701 561.243.7380 fax: 243.7386 Tm DAVE HARDEN, CITY MANAGER From: SANDRA ERIKSSON, DIRECTOR OF GOLF ~ 11/22/00 JANUARY 2001 - COMMISSION MEETING/AGENDA WE WOULD LIKE TO REQUEST BEING PLACED ON THE JANUARY 2001 AGENDA IN ORDER TO PRESENT THE 2000 CITY GOLF CHAMPIONS THEIR AWARDS AT CHAMBER SESSION. PLEASE ADVISE IF THIS IS ACCEPTABLE AND, IF SO, THE DATE AND TIME. THANKS AND HAPPY HOLIDAYS TO YOU AND YOUR STAFF. CC A WARDS CHAMBERS JAN 2001 CITY CLERK ,, ! · Page 1 2200 Highland Avenue Delray Beach, FL 33445-8701 561.243.7380 Fax 561.243.7386 Email delraygc@aol To= DAVE HARDEN, CITY MANAGER C~j~t ~ From: Sandra Edksson, DIRECTOR OF GOLF CC: MARY BETH BIRSKY, DIRECTOR OF OPERATIONS Date: 12/05/00 Re-' JANUARY 16, 2001 AGENDA - CITY CHAMPIONSHIP AWARDS AS INFORMED BY BARBARA GARITO, THE FOLLOWING INDIVIDUALS WILL RECEIVE THEIR AWARDS AT THE JANUARY 16TH(TUESDAY) COMMISSION MEETING: WOMEN'S CHAMPION MEN'S CHAMPION CITY CHAMPION WOMEN'S CITY CHAMPION MEN'S WOMEN'S FIRST FLIGHT WOMEN'S SECOND FLIGHT SR. WOMEN'S CHAMPION SR. WOMEN'S FIRST FLIGHT MEN'S FIRST FLIGHT MEN'S SECOND FLIGHT SR. MEN'S CHAMPION SR. MEN'S FIRST SR. MEN'S SECOND SUPER SR. MEN'S CHAMP SUPER SR MEN'S FIRST NORA PHILLIPS, PALM BEACH SEBASTIEN HUFSCHMID, GENEVA, SWITZERLAND CATHY SCHEFFER, DELRAY BEACH TIM CONLEY, DELRAY BEACH NOLA-ANN PEARSON, BOCA RATON MARTHA CLARK, DELRAY BEACH JEAN FLOCKENZIER, DELRAY BEACH EVA LOCHRIDGE, DELRAY BEACH RALPH ROYSE, BOYNTON BEACH MIKE CHWALIK, DELRAY BEACH PADDY BARTLETT, DELRAY BEACH CRAIG MCCANN, PEMBROKE PINES J.C. CAMPBELL, DELRAY BEACH GUIDO CAVALLO, BOCA RATON ALEX DAVID, PALM BEACH GARDENS 2000 CITY CHAMPIONS - A WARDS · Page 1 DEl_]RAY BEACH CITY CHAMPIONSHIP DELRAY BEACH GOLF CLUB NOVEMBER 12~ 2000 FINAL RESULTS-36 HOLES/STROKE PLAY WOMEN'S CHAMPIONSHIP FLIGHT 155 75-80 PHILLIPS, NORA, PALM BEACH 159 81-78 JACKSON, NANCY, BOYNTONBEACH 161 74-87 SCHEFFER, CATHY, DELRAYBEACH 165 79-86 KURZINGER, LINDA, BOYNTONBEACH WOMEN'S FIRST FLIGHT 171 85-86 PEARSON, NOLA-ANN, BOCA RATON 180 97-83 LANG, MARY PAT, DELRAYBEACH 181 94-87 PARSONS, MICHELENE, DELRAYBEACH 186 92-94 GRIFFITH, DIANNE, WEST PALM BEACH 188 96-92 COBB, NIKI, DELRAYBEACH 195 98-97 TIPFUN, SARAH, DELRAYBEACH WD/96 BRUNSTING, CAROL, DELRA YBEACH WOMEN'S SECOND FLIGHT 196 96-100 CLARK, MARTHA, DELRAYBEACH 207 104-103 DEMBRO, DORIS, POMPANO BEACH 209 104-105 BOYK, IVY, DELRAYBEACH 217 108-109 SULLIVAN, KATHIE, DELRAYBEACH DQ GAVEL, NANCY, DELRA Y BEA CH DQ MA CK, JUD Y, POMPANO BEA CH W/D ROOS, THERESE, DELRAY BEACH DNS/10 5 HUNT, JOSEPHINE, B OCARA TON SENIOR WOMEN'S CHAMPIONSHIP 170 84-86 FLOCKENZIER, JEAN 178 90-88 NEESE, HESCHMAT, DELRAYBEACH* 178 90-88 CUTLER, NEVA, BOYNTONBEACH 187 93-94 AMERNICK, HORTENSE, DELRA Y BEA CH 196 101-95 CAPPOLA, DOROTHY, DELRAYBEACH 197 98-99 DINGLE, DOROTHY, DELRA Y BEACH 194 94-100 WERNER, LORAINE, DELRA Y BEA CH 200 99-101 WOLFF, SHIRLEY, DELRAYBEACH 106/DQ?DNS ROSENZWEIG, SANDRA, BOCA RATON DNF-92 BROSCO, ARLENE, POMPANO BEACH * Match of cards SENIOR WOMEN'S FIRST FLIGHT 200 101-99 LOCHRIDGE, EVA, DELRAYBEACH 202 101-101 TRANSLEAU, MADELINE, DELRAYBEACH 205 101-104 BEAVEN, JANE, DELRAYBEACH 212 107-105 DEMBROSKY, ARLENE, DELRAYBEACH 214 112-102 PORTER, ZEL, DELRAYBEACH 219 112-107 ZELLER, JEANNE, DELRAYBEACH NC-117 MANDLER, JOYCE, DELRAY BEACH DEI~RAY BEACH CITY CHAMPIONSHIP DELRAY BEACH GOLF CLUB NOVEMBER 12~ 2000 FINAL RESULTS-36 HOLES STROKE PLAY MEN'S CHAMPIONSHIP 140 72-68 HUFSCHMID, SEBASTIEN, GENEVA SWITZERLAND 151 75-76 CONLEY, TIM, DELRAYBEACH 155 78-77 TRANSLEAU, DAVID, DELRAYBEACH 156 81-75 TOBIAS, SCOTT, DELRAYBEACH 157 81-76 CONDORE, STEVE, BOCA RATON 160 78-82 DEVEREAUX, PAUL, BOYNTONBEACH 161 79-82 LIMSAKUL, WAT DELRAYBEACH 161 82-79 OUTRAM, ARTHUR, DELRA YBEACH 161 82-79 WALTER, CHUCK, BOYNTON, BEACH 162 81-81 MAJOR, NORMAN, DELRAYBEACH 170 86-84 BUICK, JAY, DELRAYBEACH 171 82-89 LANDERS, ALAN, BOYNTONBEACH 173 90-83 TIRADO, JOSE, WPB 176 83-93 HOBSON, TED, DELR.4YBEACH NC/98 BLAIR, MATT, EDINA, MN WD GRAY, WILLIAM, BOCA RATON WD CHRISTENSEN, TOM, WELLINGTON DNS-89 MASON, DOUG, DELRAY BEACH MEN'S FIRST FLIGHT 161 81-80 ROYSE, RALPH, BOYNTON BEACH 168 76-92 WELDON, TIM, DELRAYBEACH 169 81-88 DEJSUBHA, MERK, DELRAY BEACH 169 83-86 LYDAY, DOUGLAS, BOCA RATON 170 87-83 BECK, PETE, DELRA YBEACH 170 89-81 EAST, CLINT, DELRA YBEACH 171 86-85 FAZIO, PAUL, DELRAYBEACH 175 89-86 THOMPSON, KEITH, BOCA RATON 176 84-92 FARRELL, MIKE, DELRAY BEACH 177 82-95 CHARBONNEAU, ANDREW, DB 181 84-97 MCCANN, CHRIS, PEMBROKE PINES 183 92-91 HERRING, EUGENE, DELRAYBEACH 184 93-91 ROLLE, BARNARD, DELRAYBEACH 187 91-96 CONSIGLIO, RONALD, DELRAYBEACH 188 89-99 LYDAY, JONATHAN, BOCA RATON 189 93-96 MACK, KEN, DELRAYBEACH DEI~RAY BEACH CITY CHAMPIONSHIP DELRAY BEACH GOLF CLUB NOVEMBER 12~ 2000 FINAL RESULTS-36 HOLES/STROKE PLAY MEN'S SECOND FLIGHT 175 87-88 CHWALIK, MIKE, DELRAYBEACH 186 90-96 CUSTER, CARL, DELRAYBEACH 194 97-97 BERTRAND, MICHAEL, DELRAYBEACH 195 100-95 HUNT, LAWRENCE, BOCA RATON DNS PADALINO, TROY, DELRAYBEACH SENIOR MEN'S CHAMPIONSHIP 155 80-75 BARTLETT, PADDY, DELRAYBEACH 158 79-79 CLARK, NICK, DELRAYBEACH 159 79-80 BUTERA, ALDO, BOYNTONBEACH 160 78-82 MCFARLING, STEPHEN, DELRAYBEACH 160 80-80 KLEINSCHMIDT, ROGER, BOCA RATON 161 83-78 CHARLIE, MOHAMMAD, DELRAYBEACH 163 82-81 SMITH, EDWARD T., DELRAYBEACH 165 80-85 DEOTO, SAMUEL, DELRAYBEACH 164 83-81 MACVICAR, ROBERT, DELRAYBEACH 164 85-79 LAPO1NT, JOE, DELRAYBEACH 168 82-86 RICHNER, DAVID, DELRAYBEACH 168 84-84 BOYK, DENNIS, DELRAYBEACH 168 88-80 BYER, GEORGE, DELRAYBEACH 170 85-85 WATSON, JERRY, LIGHTHOUSE POINT 170 86-84 CHISHOLM, PAT, DELRAYBEACH 204 107-97 ECHEVERRIA, DALE, HIGHLAND BEACH DNS/94 EVANS, ROBERT, DELRAY BEACH NC/84 SCHREY, MIKE, DELRAYBEACH SENIOR MEN'S FIRST 166 81-85 MCCANN, CRAIG, PEMBROKE PINES 169 87-82 THOMAS, ROBERT, DELRAYBEACH 171 85-86 BURLEW, DON, BOYNTONBEACH 172 85-87 VALLE, KEN, DELRAYBEACH 172 90-82 EAST, RALPH, DELIMYBEACH 173 82-91 LAFFIN, GERRY, DELRAYBEACH 174 89-85 GAVEL, PETER, DELRAYBEACH 176 84-92 ZACKS, PAUL, DELRAYBEACH 180 89-91 REMUS, DUDLEY, DELRAYBEACH 183 87-96 RICH, DAN, DE£RAYBEACH 184 89-95 JACKSON, TODD, DELRAYBEACH 184 95 89 WELDON, JOE, DELRAYBEACH 190 98-92 LIBERATORE, RAYMOND, DELRAYBEACH 191 92-99 SULLIVAN, JOHN, DELRAY BEACH DNS/90 TATE, ERVIN, BOCA tL4TON DNS/97 CARIELLO, FRANK, BOYNTON BEACH DELRAY BEACH CITY CHAMPIONSHIP DELRAY BEACH GOLF CLUB NOVEMBER 12 ~ 2000 FINAL RESULTS 36 HOLES/STROKE PLAY SENIOR MEN'S SECOND 182 84-98 CAMPBELL, J.C. DELRAYBEACH 193 99-94 WARREN, JIM, DELRAYBEACHDNS 202 99-103 BRADY, JIM, DELRAYBEACH 207 110-97 SMITH, MICHAEL, DELRAYBEACH 218 110-108 VAN ARNEM, KEN, DELRAYBEACH DNS MCCARTY, KEVIN, DELRA Y BEACH DNS/9 7 CARIELLO, FRANK, DELRA Y BEA CH SUPER SENIOR MEN'S CHAMPIONSHIP 167 86-81 CAVALLO, GUIDO, BOCA RATON 177 86-91 EMMANUEL, JOHN, DELRAYBEACH 180 93- 87 FITZGERALD, STEPHEN, DELRA Y BEA CH 181 91-90 TRANSLEAU, ALAN, DELRAYBEACH 78/DNS BADDER, DALE, DELRAY BEACH SUPER SENIOR MEN'S FIRST 171 176 183 185 194 202 208 211 85-86 DAVID, ALEX, PALM BEA CH GARDENS 86-90 KEEGAN, RUSSELL, SR., DELRAYBEACH 86-97 CHWALIK, WILLIAM, DELRA YBEACH 89-96 VERNALLI, JOHN, DELRA YBEACH 103-91 GOLDSTEIN, SIDNEY, DELRA Y BEA CH 101-101 CARROLL, THOMAS, DELRAYBEACH 106-102 SIMON, R. ZICKY, DELRAYBEACH 107-104 SHATTAN, H. BOB, HIGHLAND BEACH ' U.S. ~ m -a 0 0 ~ r-O~ ~ m'a ~ m 'a '~ ~ o o ~ ~o ~ rn o (t, XassXp0/~pnls) E N 011¥Q N _'¢11AIIAIOO3 ~t 3-1OOlIA! A3SSAO0 ~10=1 S~I~IVQNRO~I Cl:lSOdO~lcl MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM ~'. ~. - REGULAR MEETING OF JANUARY 16, 2001 AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE/CANVASS ABSENTEE BALLOTS AND REPRESENT THE CITY AT LOGIC & ACCURACY TESTS FOR THE MUNICIPAL DATE: ELECTION JANUARY 11, 2001 This is before the City Commission to authorize Theresa LePore, Palm Beach County Supervisor of Elections, to handle the C~ty's absentee ballots for the March 13, 2001 municipal election. Ms. LePore's office is equipped w~th a computerized system for monitoring ballot requests, distributions, accounting for unreturned ballots, as well as electronic signature verificauon. She will also insure that the absentee ballots are held m safekeeping prior to canvassing. The Supervisor of Elections should also be authorized to represent the City at the canvassing of the absentee ballots. It is further recommended that Ms. LePore be designated to represent the City's canvassing board at the logic and accuracy (L&A) testing of the electronic tabulating equipment. The L&A tests are tentatively scheduled to be conducted simultaneously in West Palm Beach and Delray Beach at 10:00 a.m. on Friday, March 9, 2001, for the March 13th election as well as on elecuon day both before and after counting of the ballots. Recommend authorizing the Supervisor of Elecuons for Palm Beach County to handle/canvass the City's absentee ballots for the March 13, 2001 municipal electson, and designate her as the City's representative at the requisite logic and accuracy tests. RefiAgmemo.Auth. Supervisor of Elections.March 2001 CITY COMMISSION DOCUMENTATION TO: THRU: FROM: SUBJECT: MEETING OF JANUARY 16, 2001 ' -' **CONSENT AGENDA** ABANDONMENT OF TVVO (2) 10 FOOT EASEMENTS AND ACCEPTANCE OF A 10 FOOT GENERAL UTILITY EASEMENT, ASSOCIATED WITH THE DEVELOPMENT OF LOT G, DELRAY OCEAN ESTATES. BACKGROUND AND ANALYSIS The action requested of the City Commission is approval of the abandonment of a portion of a 10 foot general utility easement in the northwest corner of Lot G, Plat of Delray Ocean Estates (Exhibit 1), and a portion of Tract A (Exhibit 2), which was dedicated as an access tract and general utility easement on the Plat of Delray Ocean Estates. In addition, a new general utility easement will be created over a portion of Tract A, shown as Exhibit 3. The need for this action is the result of the reconfiguration of Lot G, pursuant to Section 5.1 4(c), which permits the reconfiguration of lots within a platted subdivision provided that no new lots are created, and all existing lots maintain zoning district minimums. The applicant is required to officially record a survey describing the new configuration. The applicant has done this, however in doing so a limited access easement along Ocean Boulevard (southeast corner of Lot G), created by the Plat of Delray Ocean Estates, was mistakenly omitted. A condition of approval of this abandonment will be that the applicant record a new survey depicting the modified lot configuration and the limited access easement that was previously omitted. FINDING Pursuant to LDR Section 2 4.6(P)(5), prior to the granting of an abandonment the following finding must be made: · That the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area. Currently no municipal water or sewer facilities are located within the abandonment area. All utility companies (Adelphia Cable, FPL, Florida Public Utilities Company, BellSouth) reviewed the abandonment and have no objection. In addition the applicant is providing a new general utility easement to continue the existing utility easement along the north line of Lot G. Planning and Zoning Board review is not required for the abandonment of easements. RECOMMENDED ACTION By motion, approve the abandonment of the utility easements shown in Exhibit 1 & Exhibit 2, and accept the general utility easement described in Exhibit 3, based upon positive findings with respect to LDR Section 2.4.6(P)(5), subject to the following conditions' 1) The applicant must record a survey depicting the new lot configuration & utility easement, and all other easements created by the original Plat of Delray Ocean Estates, not effected by this approval. 2) Provide easement deed for limited access easement and replacement utility easement. Attachments: Location Maps (2) Exhibit 3 Resolution Plat RESOLUTION NO. 4-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING TWO (2) UTILITY EASEMENTS LOCATED WITHIN THE PLAT OF DELRAY OCEAN ESTATES AS RECORDED IN PLAT BOOK 79, PAGES 69 AND 70 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO ACCEPTANCE OF AN EASEMENT DEED GRANTING TO THE CITY OF DELRAY BEACH A 10 FOOT UTILITY EASEMENT FOR REPLACEMENT PURPOSES. WHEREAS, the City of Delray Beach, Florida, received an applicauon for abandonment of two (2) utility easements located within the Plat of Delray Ocean Estates, as more parucularly described hereto; smd property being located on the east side of South Ocean Boulevard, north of Lmton Boulevard; and WHEREAS, the applicauon for abandonment of said easements was processed pursuant to Section 2.4.6(1)), "Abandonment of Pubhc Easements", of the Land Development Regulatmns of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(P)(3)(c), the City Engineer has forwarded the apphcafion to the City Comnussion with the recommendanon that the abandonments be approved, based upon posiuve findings and subject to conditions; and WHEREAS, the City Commission of the City of Delxay Beach, Florida, pursuant to LDR Secuon 2.4.6(P)(5), finds that the abandonment xvill not result in detriment for the prox4sion of utthty services to adjacent properues or the general area, that its interest m the described property is no longer needed for the public good and deems it to be m the best interest of the Cay of Delray Beach to vacate and abandon smd easements, subject to receipt and acceptance of a deed granting to the Cny a replacement easement for uUlity purposes, as more particularly described hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Secnon 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, sublect to receipt and acceptance of a deed granting to the City of Del.ray Beach a replacement easement for uuhty purposes, more particularly described as follows: Legal Description of Areas to be Abandoned: Utility Easement Abandonment (Exhibit ;gl): A portion of Lot G, DELRAY OCEAN ESTATES, according to the Plat thereof recorded m Plat Book 79, Pages 69 and 70 of the Pubhc Records of Palm Beach County, Florida, said portion of Lot G being more particularly described as follows: Commence at the most Westerly Northwest Comer of said Lot G; thence North 89 degrees 32'12" East, along a North hne of said Lot G, a distance of 9.12 feet to the Point of Beginning; thence continue North 89 degrees 32'12" East, along said North line, a distance of 15.88 feet; thence North 00 degrees 27'48" West, a distance of 1.00 feet; thence North 89 degrees 32'12" East, a chstance of 10.00 feet; thence South 00 degrees 27'48" East, a chstance of 11.00 feet; thence South 89 degrees 32'12" West, along said parallel kne, a &stance of 32.80 feet to a point on a line 7.50 feet Southeasterly and parallel wxth the West line of said Lot G; thence North 34 degrees 13'27" East, along said parallel line, a chstance of 12.16 feet to the Point of Beginning. Containing 303 square feet, more or less. Easement Abandonment (Exhibit #2): A pomon of Tract "A", DELRAY OCEAN ESTATES, according to the Plat thereof recorded m Plat Book 79, Pages 69 and 70 of the Public Records of Palm Beach County, Florida, said portion of Tract "A" being more particularly described as follows: Beginning at the most Northerly Northwest Corner of Lot G of said DELRAY OCEAN ESTATES; thence South 00 degrees 27'48" East, along a boundary- of said Lot G, a distance of 11.00 feet; thence continue South 89 degrees 32'12" West, along said boundary, a distance of 25.00 feet to a point on the West line of said Lot G; thence North 34 degrees 13'27" East, along the Northeasterly extension of sa~d West hne, a chstance of 11.81 feet, to the Point of Curvature ora curiae, concave Southeasterly, having a radius of 3.00 feet; thence Northeasterly, along the arc of sa~d curve through a central angle of 55 degrees 18'45", a chstance of 2.90 feet, to a point of tangency on the Westerly extensxon of the North line of smd Lot G; thence North 89 degrees 32'12" East, along said Westerly extension, a chstance of 15.81 feet to the Point of Begmmng. Containing 233 square feet, more or less. 2 Res. No. 4-01 Section 2. That the abandonment heremabove described shall not become effective and ti'ns Resolution No. 4-01 shall not be recorded m the Pubhc Records of Palm Beach County, Florida, unless concurrent with that particular Easement Deed granting to the City of Delray Beach a replacement easement for utihty purposes, more parucularly described as follows: Leffal Description of Replacement Utility Easement (Exhibit #3): A portion of Tract "A", DELRAY OCEAN ESTATES, according to the Plat thereof recorded m Plat Book 79, Pages 69 and 70 of the Pubhc Records of Palm Beach County, Florida, said pornon of Tract "A" being more particularly described as follows: Beginning at the most Northerly Northwest Comer of Lot G of said Plat; thence South 00 degrees 27'48" East, a distance of 10.00 feet; thence South 89 degrees 32'12" West, a distance of 15.19 feet; thence South 34 degrees 13'27" West, a distance of 1.22 feet; thence South 89 degrees 32'12" West, a distance of 9.12 feet to a point on the West ]me of said Lot G; thence North 34 degrees 13'27" East, along the Northeasterly extensmn of said West line, a distance of 11.81 feet, to the point of curvature of a curve, concave Southeasterly, having a radius of 3.00 feet; thence Northeasterly, along the arc of said cunTe through a central angle of 55 degrees 18'45", a distance of 2.90 feet, to a point of tangency on the Westerly extensmn of the North ]me of said Lot G; thence North 89 degrees 32'12" East, along said Westerly extens;on, a distance of 15.81 feet to the Point of Beginning. Containing 217 square feet, more or less. PASSED AND ADOPTED in regular session on this the 16th day of January, 2001. MAYOR ATTEST: City ~lerk - / - ' 3 Res. No. 4-01 LOT A --EXHIBIT #21 -- 5' ~_IMI'I:ED ACCESS. i 'EASEMENT / ~ 5' LIMITED t ~ ACCESS I / EASEMENT ~'.---10' 32.8' 10' LOT C --10' U.E.--,,~, I EXHIBIT #11 ~ I I I I I ! I I I I i ! I I I I / I CITY OF DELRAY BEACH. FL PLANNINC ,e., ZOflINC DEPARTMENT UTILITY EASEMENT ABANDONMENT - DELRAY OCEAN ESTATES - -- DIG/T.4Z ~z~E ~ 5'YE/'£M -- MAP REF Lbl493 L.A.E. (P.) U.E. 10' UTILITY EASEMENT POINT OF BEGINNING, MOST NORTHERLY N.W. CORNER OF LOT G DELRAY OCEAN ESTATES PLAT BOOK 79, PAGES 69 &:: 70 TRA CT " A " ~,=55'18'45" N 89032'12" E L=2-90' 15.81' NORTH /r"L~NE LOT G__ N 34013'27" S 11.81'~ 89°:52;12' W12.15' --°~u ~o WEST LINE --% 12_16' ~. S 34013'2"P' W LOT G "N~/ S 8/9°'52'12'W , 1_~¢" ....... / DELRAY OCEAN ESTATES PLAT BOOK 79, PAGES 69 &: 70 / ___/ - LIMTTED ACCESS EASEMENT - PLAT - UTILITY EASEMENT SKETCH TO iDA'rE: 01/17/00 ~ BY: SCALE: 1"- 10' ACCOMPANY JAF [ CKD: DESCRIPTION. THIS IS NOT A SURVEY! w~ I Dw~.: ,o~o~ !J°" "°-: ^°~ I s.~-~ 2 o~ WHITE RHODES -VILLA AVE DEL-HAVEN DR BANYAN HOUSE CONDO ATLANTIC DUNES PARK SOU TH SHORE CLUB CONDO A / B ~ LOT C LOT D F / LOT E BERKSHIRE ON THE OCEAN LIN TON BOULEVARD / H,Z RBOUR HARBOUR DR S. OCEAN CONDO CASA PLA YA CONDO C~TY O; DELRAY BEAC+'-', FL PLANNING & ZONING D£PARTM[NT DELRAY OCEAN ESTATES - LOT G - -- Z)/~/TAL ~4~E MA~ SY'~7'EM -- Aa. AP REF LM493 TO: FROM: D~__~T. Harden, City Manager Paul Dorling, Direct r~.p~f Planning and Zoning SUBJECT: MEETING OF JANUARY 16, 2001 ** CONSENT AGENDA** AUTHORIZATION TO PROCEED - ADDITIONAL SERVICES ASSOCIATED WITH THE PREPERATION OF THE 4TM BEACH NOURISHMENT PROJECT. The US Army Corp of Engineers has recently increased the level of evaluation required to develop the design documents for beach nourishment projects. In particular a Limited Reevaluation Report (LRR) is required which is more comprehensive than past design documents. This additional work was not reflected in the current scope of work nor future tasks outlined in the proposal originally presented to the City of Delray Beach. This proposal provides for the additional services required to update the Delray Beach document to these present requirements. These additional services are proposed at a cost of $18,357.00. Funds for this item are available in the Beach Restoration Fund. The entire cost will be reimbursed from Federal, State and County appropriations. By motion, approve authorization for Coastal Planning & Engineering, Inc. to proceed with the additional services associated with the preparation of the expanded Limited Reevaluation Report for the 4th Beach Nourishment Project at a cost not to exceed $18,357.00 (as detailed in the attached correspondence from Coastal Planning & Engineering, Inc). Attachment: · Letter from CPE S:~adv~beach\Geo4 COASTAL PLANNING & ENGINEERING, INC. COASTAL & OCEAN ENGINEERING COASTAL SURVEYS BIOLOGICAL STUDIES GEOTECHNICAL SERVICES 2481 N W. BOCA RATON BOULEVARD, BOCA RATON, FL 33431 4819.04 (561) 391-8102 Fax: (561) 391-9116 Internet: http://www.cpeflorida.com E-mail: mail@cpe.dynip.com December 6, 2000 Mr. Paul Dorling Principal Planner City of Delray Beach 100 N.W. 1st Avenue Dekay Beach, FL 33444 Re: Delray Beach, Beach Renourishment Project Proposal for Additional Services for the Expanded Limited Reevaluation Report Preparation to Meet Updated U.S. Army Corps of Engineers Requirements Dear Paul: The U.S. Army Corps of Engineers has recently increased the level of evaluation required to develop the design documents, such as Limited Reevaluation Reports (LRR) for beach nourishment projects. We have recently prepared Limited and General Reevaluation Reports for other clients (Manatee County, Broward County, respectively) which are more comprehensive than past design documents. These changes have occurred in the last two years, and are not reflected in our scope of work and proposal to prepare the Delray Beach document, which dates back to May 27, 1997. As a result, we are under funded for the document preparation and processing now required by the Corps. This proposal provides for the additional services required to update the Delray Beach document to present requirements, pursuant to Section 4 of our contract, further def'med in paragraphs 3 and 4 of Exhibit B. On October 16th, Douglas Mann of our office contacted Thomas Smith of the Jacksonville District, U.S. Army Corps of Engineers to determine exactly the types of evaluations the USACE will expect in the Delray Beach LRR. Based on their conversation, the following changes will be incorporated into the design document in order to meet U.S. Army Corps of Engineers present requirements: 1. Empirical Simulation Technique (EST) for Storm Surge Modeling: The Corps now requires that storm surge and storm recession modeling be based on the estimated historical storm surges. This analysis requires that the historical storm records be selected from the USACE database, storm recession modeling be performed for those storms, and then the statistical frequency of occurrence be determined using the EST procedure. 4819.04 December 6, 2000 Page 2 2. Risk and Uncertainty Storm Damage Prevention Model: Justification for Federal participation in Delray's project will require that storm damages are reduced by maintenance of the beach. The USACE has developed a new storm damage model which includes the effects of variability of the input parameters (storm recession, distances to structures, background erosion, etc.). While the Risk and Uncertainty model input is a minor increase over the previous model, the new modeling effort is computationally intensive. 3. Economic Analysis for Two Periods: The project life of the beach nourishment project is a 50-year period. The City originally signed a 50-year Federal agreement to maintain and nourish the beaches in 1973, or 27 years ago. Approximately 23 years remain in the contract life. The USACE has requested that the economic analysis be conducted for two (2) periods, 50 years (from the original 1973 start date) and 23 years (for the remaining years of the Federal agreement with Delray Beach). The proposal provided to the City in 1997 had anticipated an economic analysis for a single time period. 4. Independent Technical Review (ITR): The USACE now requires an Independent Technical Review (ITR) of the LRR. In order to speed up the document processing, and to hold down the cost, the USACE has agreed to allow the ITR to be conducted internally at Coastal Planning & Engineering, Inc. We will have a coastal engineer not associated with the Delray Beach project review the document and provide the USACE with the appropriate ITR certifications. This is an additional requirement compared to the 1997 proposal. 5. Cost Apportionment: The USACE now requires that a property-by-property analysis of the types of benefits (public, private, storm damage, recreation, etc.) be shown in the LRR. 6. Alternative Analysis of the South End of the Project Area: The south end of the Delray Beach project has, at times, eroded faster than the majority of the project area. As a result, the storm benefits in this region to be provided by the project are reduced compared to the remainder of the project. The USACE has requested that we evaluate a matrix of engineering alternatives to show that the project design is optimized, incorporating the variability of the southern end of the project area. The fee to accomplish the additional evaluations requested by the USACE is $18,357.00. COASTAL PLANNING & ENGINEERING, INC. 4819.04 December 6, 2000 Page 3 If you should have any questions, please call me. Sincerely, Richard H. Spadoni Senior Vice President cc: Doug Mann, CPE Mike Jenkins, CPE Sue Beumel, CPE Craig Kruempel, CPE Jennifer Davis, CPE i.\wp61 docskPalm BeachkDelrayXLRRprp.299 COASTAL PLANNING & ENGINEERING, INC. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~4 AGENDA ITEM ~. 0. - REGULAR MEETING OF JANUARY 16, 2001 FINAL PLAT APPROVAL/DEL RATON PARK REPLAT NO. 1 JANUARY 11, 2001 This is before the Comtmssion to approve the final sub&vision plat for Del Raton Park Replat No. 1, a proposed two lot rmxed use subdimsion that will be developed as the Waterway Village project. One of the lots will be developed w~th a Walgreen's drugstore while the other will be developed as the multi-family component. The subject property is located at the southwest comer of Lmdell Boulevard and South Federal Highway. On October 11, 2000, the Site Plan Review and Appearance Board approved the proposed site plan for the prolect. A final subdimsmn plat was a condition of approval. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final subdivision plat for Del Raton Park Replat No. 1. RefiAgmemol0.Fmal Plat. Del Raton Park Replat No. 1 Agenda Item No. ~.O. Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda AGENDA REQUEST Date: Jan. 10, 2001 When: Jan. 16, 2001 Description of item (who, what, where, how much):Approval of the Subdivision Plat for Del Raton Park Replat No. 1. Staff comments have been addressed. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the Subdivision Plat for Del Raton Park Replat No. 1.;~,>~ Department head signature:. Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: ~/NO~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac- Waterway Village file:s/engadmin/tac/ Waterway Village /ag011601.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 Barron E. Caronite, PE, Assistant City Enginee~ January 10, 2001 Del Raton Park Replat No. 1 Please find an agenda request for Commission approval of the subdivision plat for Del Raton Park Replat No. 1 attached. The property is being subdivided into two lots: one for an Walgreen's drugstore and the other for apartments. The plat corresponds to the Waterway Village project located just south of Lindell Blvd. I have enclosed a location map and a reduced copy of the plat. If this meets with your approval, please place it on the January 16, 2001 Commission meeting for Commission approval. Encl. File: cc: TAC: S:/engadmin/tac/waterway village/agmemo011601 .doc Randall Krejcarek, P.E., City Engineer Paul Dorling, Planning/Zoning Waterway Village ~ z-~ I, ~z~;, ~-= :__ ~-- --~-~ ~ ............. ,~ ~ _;~ ................................................. ~, ~t~~ ~' ,' ' ,,4 - ,---3 ..... ~-- 4 --- ~ ._~ ..... ~, P----~ ; "-~-"-' ~ .... ~- -~ ........ r-'~ ~ '~ ~'- ~'~ ~ ,' ..... ......................... ~.... BEACH DEL RATON PARK ~P~~ REPLAT NO. 1 DELRATOBX11 ~ ~~ LOCA~ ON MAP ~000-20( II I:I i~J~".'.'!i: :!! llllllil I l:: ! I I I I II II II II II I I I I I I I i I I I I I I I ! I ! I I I I I / m i,iI,iI,iIi .! ! I , / I I MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ff'J4~ AGENDA ITEM ~7 ~. REGULAR MEETING OF JANUARY 16, 2001 SPECIAL EVENT REQUEST/2001 BUD LIGHT PRO/AM VOLLEYB^I.L TOURNAMENT JANUARY 11, 2001 This is before the Commission to approve a request from Exclusive Sports Marketing for special event approval to allow the 2001 Bud Light Pro/Am Volleyball Tournament to be held at the municipal beach on May 12 and 13, 2001. Details are outhned m the attached memorandum from Mr. Weldon. We have hosted this event for the past five years and at has been very successful. Recommend approval of the special event request for the 2001 Bud Light Pro/Am Volleyball Tournament. Re f'~grnemo 12.BudlaghtBeachVolleybal12001 AGENDA ITEM NUMBER: Request to be placed on: AGENDA REQUEST Date: Jan. 5, 2001 XX Regular Agenda Special Agenda Workshop Agenda When: January 16, 2001 Description ofagendaitem: Request approval to host 2001 Bud Light Pro/Am Volleyball Tournament at our municipal beach on May 12 and 13, 2001. Exclusive Sports Marketing will donate $750 to our Ocean Lifeguard Competition Fund, and $5 parking fee per car per day will also be deposited in this fund. There will be no impact on City staff. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft A~ached: YES NO X Recommendation: Approval. Department Head Signature: ~C~~--~ ~ Determination of Consistency prehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:~ Hold Until: Agenda Coordinator Review: Received: Action: Approved No No Disapproved (if applicable) CITY UF DELAI Y BEACH DELRAY BEACH AII-AmericaCity 100N.W. lstAVENUE DELRAYBEACH, FLORIDA 33444 561/243-7000 1993 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: 2001 Bud Light Pro/Am Volleyball Tournament DATE: January 5, 2001 Attached please find a request from Philip Kassof of Exclusive Sports Marketing to bring the 2001 Bud Light Beach Volleyball Tournament to Delray Beach on May 12 and 13, 2001. Exclusive Sports Marketing has requested the following for the tournament which is to be held across from Sandoway Park: 1.) 25-30 temporary volleyball courts with a 10' X 10' platform stage and four 5' X 7' scaffolding towers, as well as an additional number of 10' X 10' pop-up tents used for sponsor venues around the center court area. Seven (7) spaces for staff parking at no charge Wednesday through Sunday. 2.) A $5.00 parking fee per car per day with restricted parking at Anchor and Sandoway Parks for players. Our Ocean Rescue staff collects this money and deposits it in their competition fund. 3.) Allow their 4X4 truck access to the beach Wednesday through Sunday. 4.) Allow signage publicizing this event and sponsors on the beach. Their sponsor is Bud Light, a commercial beer company. 5.) Provide overnight parking for the main equipment truck, extra trash cans, and 3 - 110 outlets at the S3 tower. 6.) Center court area is to be set up adjacent to Anchor Park. Prfnted oe Recycled Paper THE EFFORT ALWAYS MATTERS 7.) Mr. Kassof will provide us with a certificate of insurance, naming the City of Delray Beach as additional insured with a minimum of $1,000,000 liability. 8.) Exclusive Sports Marketing will donate $750 to the Ocean Lifeguard competition fund. As you may recall, we previously hosted the Bud Light Tournament the previous five years and they were very successful. I recommend approval for these events, and request you place them on the January 16, 2001 agenda for City Commission consideration. Please review and advise. Attachments cc: Nilza Madden Agenda Coordinator Rich Connell Ocean Rescue Superintendent JW:cp and Recreation Ref:vollybal ~2/14/00 17~A~ $$1243727~ 9~lray Lifeguard 2006 Richard City of Delmy Beaoh DeL~,~y ]~..h, FI. 33483 R}ch: This lel~er is for ~he purpose o£re~uesffng pemmission ~r the B~ Light D~y Be~ ~ ~e w~d ofMsy 12-~3, 200] ~d ho~d t~ 5~y P~ w~ it w~ h~d l~ ye~. ~e 2e~e~ ~1 follow The ~~t ~1 ~nsi~ of~-30 ~h ~Ueyb~ ~ ~ a ~ls ora 10'xl0' p~b~ ~ ~nd f~ ~'xT' ~oldin~ I {~k ~d ~o ~ng ~ you ~d ~e Ci~ or.my ~ ~ if y~ ~c ~y qu~fiom or eou~, i m~ ~ ~t~ at 241-3~0 ~ud U~t ~ea~h Voaeyl~ll Series 904 323 7~5~ ~v.,,um,d' ,~4 q~rm'l City of Delray Beach Community Development Dtvlsion MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: David T. Harden, City Manager Lula Butler, Director, Community Improvement Department~.~} Kenneth L. Thomas, Coordinator, Community Development Division January 4, 2001 Approval of the Proposed Contract Amendment with State Department of Children and Families - Alcohol, Drug Abuse And Mental Health (ADM) Program Office for FY 2000-2001 ITEM BEFORE THE COMMISSION The purpose of this item is to obtain approval of the proposed Amendment 001 to the Standard Contract ID 006 with the State of Florida Department of Children and Families (DCF) - Alcohol, Drug Abuse and Mental Health (ADM) Program Office. This contract represents children/teens and adult prevention activities for Fiscal Year 2000-2001 (July 1, 2000 - June 30, 2001). The contract provides an increase in funding of $50,000. The total amount of funding being provided under this contract is $185,000. BACKGROUND The primary purpose of this grant is to support Child/Adolescent/Teens and Adult Programs and services to residents residing and homeowner's associations located within the City's Community Development Block Grant (CDBG) Program Target Area. The City of Delray Beach is the fiscal agent for these DCF funds. MAD DADS, Inc. is the non-profit partner that establishes policies and programs for these substance abuse activities. The Child/Adolescent/Teen component supports the programming efforts of MAD DADS' Extended Day Learning Component. The Extended Day is designed to reinforce resiliency, build upon existing individual assets, and develop good moral character and citizenship in our youth. It is academically aligned to the regular school day. This will serve "at-risk" elementary- aged children and teens residing in the Target Area and attending Village Academy Elementary School and area High Schools. Under this component, activities include homework assistance/tutorial, conflict resolution, recreation, etiquette training, drama, dance, music, sports, college tour and various clubs. The contract provides $145,000 in support of this component. The Adult component supports community organizing, coalition building, and leadership development for adult residents living within the Pine Grove, Osceola, Fall Ridge, and La Paloma neighborhoods (associations). The grant requires a 33% local match that may either be met through in-kind services or cash. The City provides in-kind match in the form of office space and technical assistance from Community Improvement staff. This contract has been reviewed by the City Attorney's Office. RECOMMENDATIONS Staff recommends approval of this contract in order to continue the provision of substance abuse prevention programs and services to children/adolescents/teens and adults residing within the CDBG Target Area. Agenda Item Number: AGENDA REQUEST Request to be placed on: Regular Agenda ~ Special Agenda __ Workshop Agenda XXXX Consent Agenda Date: January_ 4, 2001 When: January 9, 2001 Description of item (who, what, where, how much): Approval of the Fiscal Year 2000-2001 proposed contract amendment 001 with the Florida Department of Children and Families (DCF) - Alcohol, Drug Abuse and Mental Health (ADM) Program Office providing the City $185,000 in Substance Abuse Prevention funding assistance. ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of the Fiscal Year 2000-2001 proposed amendment 001 to the Standard Contract with the Florida Department of Children and Families (DCF). Department Head Signature: ~Z~j~_.~_ _~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of fimds): Funding Available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: (if applicable) City Manager Review: Approved for Age;/~:~D / O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved Ref u \dcf99-2000\agenda cover page AMENDMENT # 00._.~1 THIS AMENDMENT, entered into between the State of Florida, Department of Children and Families, hereinafter referred to as the "department" and The City of Delray Beach, hereinafter referred to as the "provider", amends contract # ID006. 1. Standard Contract, Section II, Paragraph A, is he~'eby amended to read: A. Contract Amount To pay for contracted services according to the conditions of Attachment I in an amount not to exceed $ 185,000.00, subject to the availability of funds. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. Any costs or services paid for under any other contract or from any other source are not eligible for payment under this contract. 2. Attachment I is revised and attached. 3. Attachment I, Exhibit A, is revised and attached. 4. Attachment I, Exhibit B, is revised and attached. 5. Attachment I, Exhibit D, is revised and attached. 6. Attachment I, Exhibit G, is revised and attached. 7. Attachment I, Exhibit I, is hereby deleted. 8. Attachment I, Exhibit J, is hereby deleted. 9. Attachment I, Exhibit K, is hereby deleted. 10. Attachment I, Exhibit L, is hereby added. 11. This amendment shall begin on 01/10/01, or the date on which the amendment has been signed by both parties, whichever is later. All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform with this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract. This amendment and all its attachments are hereby made a part of the contract. IN WITNESS THEREOF, the parties hereto have caused this 34 page amendment to be executed by their officials thereunto duly authorized. PROVIDER: The City of Delray Beach SIGNED BY: NAME: David W. Schmidt TITLE: Mayor DATE: FEDERAL EID #: 59-6000308 STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES SIGNED BY: NAME: Dr. Ray Liberti TITLE: Deputy District Nine Administrator DATE: 07/01/2000 Performance Contract ADM Services Program ATTACHMENT I A. Services To Be Provided The provider will ensure the provision of Alcohol, Drug Abuse and Mental Health services as specified in Exhibit A and if applicable Exhibit A-1. 1. Definition of Terms a. Contract Terms (1) Day means calendar day. (2) Year means fiscal year, which begins July 1 and ends June 30. (3) Local match is described in section 394.76, Florida Statutes (F.S.) and Rule 65E-14.005, Florida Administrative Code (F.A.C.) which is to be interpreted to mean that expenditures for alcohol services requires local match and drug abuse services do not require local match. (4) Major remodeling is defined as any construction to property that materially affects its value. (5) Major medical equipment is defined as fixtures and other tangible personal property of a nonconsumable and nonexpendable nature, the value of which is $1,000 or more and the normal expected life of which is one year or more. (6) Prorated share is defined as the total number of unpaid units or funds divided by the number of months remaining between the time the prorated share is calculated and the end date of the contract. (7) Contract period is defined as the time period between the contract's effective date and end date. (8) The Mental Health and Substance Abuse Measures and Data Handbook, 1 st Edition, May 1999, is a document promulgated by the Department that contains, among other things, the policies and procedures for reporting client demographic, admission, discharge, enrollment, placement, performance standards and outcomes, and service information to the department for persons receiving substance abuse and mental health services. Revised 9/28/2000 Revision No. 01 (9) Units of service are defined as the deliverables to be used in billing the department for s~rvices. There are eight different units of measure; the 2 PSMAI No. HC02 Contract No. ID006 07/01/2000 Revised 9/28/2000 Revision No. 01 Performance Contract ADM Services Program definition of each can be found in Chapter 3 of the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 5A Edition, May 2000, revised November 2000. (10) Verifiable service means a unit of service together with the documentation of that service event where the documentation is in compliance with the requirements contained in Appendix A, Cost Center Descriptions and Models, of the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 5A Edition, May 2000, revised November 2000. (11) Patient fees means fees paid by or on behalfofa client. (12) TANF means the Temporary Assistance to Needy Families Program authorized under Part A of Title IV of the Social Security Act. (13) A Temporary Assistance to Needy Families (TANF) participant is a person or family member of that person as defined in 45 CFR Part 260 and section 414.1585, F.S. (14) WAGES means the Work and Gain Economic Self-Sufficiency Act, Chapter 414, F.S. (15) Available appropriations mean state funds for mental health and substance abuse services and the associated local matching funds. (16) References within this contract to citations of law are specifically intended to include any amendments to those laws or roles as they may become effective during the contract period. b. Program/Service Specific Terms (1) Services and cost centers are synonymous terms. Each cost center is described in Appendix A, Cost Center Service Descriptions and Models, of the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 5A Edition, May 2000, revised November 2000. (2) Community-based services mean services provided outside a state mental health facility or a general hospital licensed under Chapter 395, F.S. (3) Client means any individual receiving services in any alcohol, drug abuse, or mental health facility, program or service, whose cost of care is paid, in part or in whole, by the department, Medicaid, or local match. Recipients and persons receiving services are used synonymously with 3 PSMAI No. HC02 Contract No. ID006 07/01/2000 Performance Contract ADM Services Program client. (4) State custody refers to the care of clients being made the responsibility of a state agency by court order pursuant to Chapters 39, 393, 394, 397, 916, and 985.223 F.S. (5) Performance standards are quantitative indicators that can be used by the department to objectively measure a provider's performance. A detailed description of each of the performance standards contained in this contract can be found in Mental Health and Substance Abuse Measures and Data Handbook, 1 st Edition, May 1999. (6) Outcomes are qualitative indicators that can be used by the department to objectively measure a provider's performance. A detailed description of each outcome contained in this contract may be found in the Mental Health and Substance Abuse Measures and Data Handbook, 1 st Edition, May 1999. 2. General Description a. General Statement These are community-based services provided by local programs as authorized in section 394.74, F.S. b. Authority (1) The provider agrees to comply with Chapters 39, 393, 394, 395, 397, 916, and section 985.223, F.S., Chapters 65E-4, 65E-5, 65E-10, 65E-14, 65E-15, and 65D-30, F.A.C., the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 5A Edition, May 2000 which is incorporated herein by reference as if fully set out here and the Mental Health and Substance Abuse Measures and Data Handbook, 1 st Edition, May 1999, which is incorporated herein by reference as if fully set out here. (2) The provider agrees to comply with all other applicable federal and state statutes and associated administrative rules as may be promulgated or amended from time to time. (3) Pursuant to section 402.73, F.S., the provider agrees to maintain data on the performance standards specified iff Exhibit D and section D, Special Provisions, for the types of services provided under this contract and shall submit such data to the department upon request. Revised 9/28/2000 Revision No. 01 (4) The provider agrees to participate in the Title XIX Florida Medicaid 4 PSMAI No. HC02 Contract No. IDO06 07/01/2000 Revised 9/28/2000 Revision No. 01 Performance Contract ADM Services Program Program as defined in the Community Mental Health and Substance Abuse Services Programs, Rule 59G-4.050, F.A.C., and Targeted Case Management as defined in section 409.906(5), F.S., and will: (a) Pursue and submit vouchers on all Medicaid eligible clients for Medicaid eligible services. (b) Identify and report Medicaid earnings separate from all other fees. Medicaid earnings cannot be used as local match. (c) Ensure that Medicaid payments are accounted for in accordance with applicable federal regulations. (d) The department and the provider specifically agree and acknowledge that the Medicaid program is the payor of last resort and that: i. Provider services covered under the Florida Medicaid program for Medicaid recipients may be billed to the Medicaid program by the provider, unless the provider is already being paid by any other liable third party; ii. In no event shall the provider bill the Medicaid program for services or expenses for Medicaid recipients for which the provider has already been paid by any other liable third party; iii. Authorized provider services to non-Medicaid recipients, or for non-Medicaid covered services, may only be billed to the Department or any other non-Medicaid first or third party payor, and iv. In no event shall both Medicaid and the Department be billed for the same service. (e) The provider agrees to repay any overpayments or payments made to it in error, upon discovery. The department shall have 5 years after termination of this contract within which to enforce repayment of such sums. (5) A provider receiving federal block grant funds from the Substance Abuse Prevention and Treatment or Community Mental Health Block Grants agrees to comply with Subparts I and II of Part B of Title XIX of the Public Health Service Act, sections 42 U.S.C. 300x-21 and 300x-22, and the Health and Human Services (HHS) Block Grant regulations (45 5 PSMAI No. HC02 Contract No. 11)006 07/01/2000 Performance Contract ADM Services Program CFR Part 96). The following subparagraphs, (a) through (h), are illustrative of specifically mentioned unallowable costs. These illustrations are presented only for illustrative purposes and not by way of limitation. These illustrations notwithstanding, the provider is bound by federal statute and regulatory requirements. (a) Block grant funds may not be expended to fund inpatient services. Inpatient services are defined as services delivered in a hospital that is licensed under Chapter 395, F.S. (b) Block grant funds may not be expended to make cash payments to intended recipients of health services. (c) Block grant funds may not be expended to satisfy any requirement for the expenditure of non-federal funds as a condition of the receipt of federal funds. (d) Block grant funds may not be expended for the purpose of purchasing or improving land, to purchase, construct or permanently improve (other than minor remodeling) any building or other facility, or to purchase major medical equipment. (e) Block grant funds may not be expended to provide financial assistance to any entity other than a public or nonprofit private entity. (f) Block grant funds may not be expended to pay the salary of an individual, through a grant or other extra mural mechanism, at a rate in exceeding any limits established by federal law or federal appropriations acts. (g) Block grant funds may not be expended to carry out any program of distributing sterile needles for the hypodermic injection of any illegal drug or distributing bleach for the purpose of cleansing needles for such hypodermic injection. (h) Block grant funds may not be expended to carry out any testing for the etiologic agent for acquired immune deficiency syndrome unless such testing is accompanied by appropriate pretest counseling and post-test counseling. (6) If Exhibit B indicates funding from the Substance Abuse Prevention and Treatment Block Grant, the provider also agrees to ensure, the following: Revised 9/28/2000 6 PSMAI No. HC02 Revision No. 01 Contract No. ID006 07/01/2000 Revised 9/28/2000 Revision No. 01 Performance Contract ADM Services Program (a) That funds expended for prevention are directed at individuals not identified to be in need of treatment using one or more of the six strategies defined in Interim Final Rule 45 CFR Part 96.125; and that alcohol and other drag expenditures, in terms of the units and unit costs given in Exhibit A, are not less tlian the amounts indicated in Exhibit B. (b) That funds expended for services to women are in accordance with, 45 CFR Part 96, with the specifications in Chapter 10 of the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 5A Edition, May 2000, which contains details regarding additional federal compliance requirements; and that, in terms of the units and unit costs given in Exhibit A, expenditures for alcohol services to women and other drug services to women are not less than the amounts indicated in Exhibit B. (e) That the provider will provide outreach services in accordance with Interim Final Rule, 45 CFR Part 96, and that these services will be based on the following model: N/A which is one of the three models approved by the National Institute of Drug Abuse. The provider agrees to obtain written approval from the department for the method used, to secure written approval from the department before making any changes and ensure compliance with the specifications given in Chapter 10 of the Guide to Performance Contracting for Alcohol, Drag Abuse and Mental Health Services, 5A Edition, May 2000, which contains additional federal requirements. (d) That early intervention services for the HIV projects are in accordance with Interim Final Rule, 45 CFR Part 96, and are in compliance with the specifications given in Chapter 10, Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 5A Edition, May 2000, which contains additional federal requirements (7) The provider agrees to use the Florida Supplement to the American Society of Addiction Medicine Patient Placement Criteria for the Treatment of Substance-Related Disorders, Second Edition (ASAM PPC- 2), July 1998, for assessing clients receiving substance abuse treatment services. (8) If Exhibit B indicates funding from Temporary Assistance To Needy Family Grant, thc provider agrees to comply with all applicable state and federal rules and regulations regarding same. 7 PSMAI No. HC02 Contract No. I1)006 07/01/2000 Revised 9/28/200,0 l~vision No. 01 Performance Contract ADM Services Program (9) The provider agrees to comPly with applicable parts of Part A of Title IV of the Social Security Act and ensure the following: (a) TANF funds are expended for TANF participants, as outlined in EXhibit F, Temporary Assistance to Needy Families Guidelines, and in accordance with the TANF Program's State Plan/Policy Guidelines for Fiscal Year 1999-2000, which is incorporated herein by reference as if fully set out here. (b) Services rendered to Work and Gain Economic Self- Sufficiency (WAGES) eligible applicants and recipients support the achievement of at least one of the four TANF goals: i. Provide assistance to eligible families so that children may be cared for in their own homes or in homes of relatives. ii. End the dependence of needy parents on government benefits by promoting job preparation, work and marriage. iii. Prevent and reduce the incidence of out of wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies. iv. Encourage the formation and maintenance of two- parent families. (e) Services rendered to the new non-WAGES Diversion Population must support the goals as stated in s. 414.15 8 5 (1), F.S., which are to assist families in avoiding welfare dependence and to stabilize families, so that: i. Children can be cared for in their own homes or in the homes of relatives, and ii. Families can be self-sufficient. (d) TANF services are limited to non-medical cost centers as specified in Exhibit F. (e) Not to bill Medicaid for TANF eligible services provided to TANF eligible participants until all units of such services, previously purchased by the department pursuant to this contract and described in Exhibit A-I, State TANF Fun.ding by Cost Center and Program, have already been p£ovided. 8 PSMAI No. HC02 Contract No. ID006 07/01/2000 Performance Contract ADM Services Program (f) TANF participants can not be charged a fee for any service paid for by TANF. c. Scope of Service (1) The provider's service catchment area will include the following counties: Palm Beach County (2) The provider's catchment area will not include the following locations within the catchment area: (3) The provider agrees to furnish services throughout the contract period. d. Major Program Goals The following principles shall be used in the construction of this contract. These major program goals are intended to provide a general understanding of the relationship between the services being provided and the required outcomes: (1) For adults with mental illness, the provider will seek to stabilize people so they can live in the least restrictive community setting as possible. (2) For children with an emotional handicap, serious emotional disturbance, or mental illness, the provider will seek to modify the behavior of these children so they can live at home or in the community and succeed at school. (3) For adults with substance abuse problems, the provider will seek to enable these adults to be stable, self-sufficient, and addiction free. (4) For children with or at risk of substance abuse problems, the provider will seek to enable children to be free from addiction. 3. Clients to be Served a. The provider agrees to provide services funded by this contract to the target populations that are checked below: Revised 9/28/2000 Revision No. 01 I--] Adult Mental Health - Severe and Persistent Mental Illness [--] Adult Mental Health - Crisis F'-] Adult Mental Health - Forensic Involvement I--] 'Adult Mental Health - Other 9 PSMAI No. HC02 Contract No. II)006 07/01/2000 R~viscd 9/28/2000 Revision No. 01 ~ Performance Contract ADM Services Program I--] Children's Mental Health - Seriously Emotionally Disturbed ['-] Children's Mental Health - Emotionally Disturbed ['"] Children's Mental Health - At Risk of Emotional Disturbance [--] Parents Putting Children at Risk of Substance Abuse ['-] Persons with Substance Abuse in Criminal Justice System [--] Intravenous Drug Users I'-] Dually Diagnosed Persons with Substance Abuse ['-'] Other Persons with Substance Abuse [-'] Children Using Substances Under State Supervision ['-'] Children Using Substances Not Under State Supervision [~ Children At Risk of Substance Abuse ~ TANF Recipients b. Client Eligibility (1) The provider agrees that all persons meeting the target population descriptions in paragraph A.3.a. above, are eligible for services based on the availability of resources. A detailed description of each target population is contained in the Mental Health and Substance Abuse Measures and Data Handbook, 1 st Edition, May 1999. (2) The provider agrees that crisis stabilization units and substance abuse detoxification and addiction receiving facility services must be provided to all persons meeting the criteria for admission. (3) The provider agrees that funds provided in this contract will not be used to serve persons outside the target population(s) specified in paragraph A.3.a., above. (4) The provider agrees to comply with the eligibility criteria specified in 45 CFR Part 260 and section 414.1585, F.S., for determining clients that are eligible for TANF Services. e. Client Determination (1) The provider agrees to enroll all persons served using the department's enrollment process described in the Mental Health and Substance Abuse Measures and Data Handbook, 1 st Edition, May 1999. A detailed description of each target population and sub-population is also given in this publication (2) The provider .agrees that all clients, eligible for TANF services, to'be 10 PSMAI No. IFC02 Contract No. IDO06 07/01/2000 Performance Contract ADM Services Program served under this contract must be approved in writing by an authorized department staff member. The provider agrees that client eligibility and determination is exclusively the responsibility of the department. (3) The provider agrees to provide services to family members of eligible TANF participants, only after the eligibility determination of the TANF applicant has been verified. d. Service Eligibility The provider agrees to determine needed services in accordance with Chapter 65E-15, F.A.C. for mental health services and the Substance Abuse Prevention and Treatment Block Grant for substance abuse services. In the event neither of the above is applicable, the provider must use the Florida Supplement to the American Society of Addiction Medicine Patient Placement Criteria for the Treatment of Substance-Related Disorders Second Edition (ASAM PPC-2). e. Contract Limits (1) Absent an amendment to this contract, the provider is not authorized to bill the department for more units than are specified in Exhibit A or for more units than can be purchased with the amount of funds specified in Exhibit A-I. (2) The department may unilaterally increase or decrease the initial number of units specified in Exhibit A up to 90 days after the contract's effective date, based on the availability of state funding. B. Manner of Service Provision 1. Service Tasks a. The department will purchase units of services from the provider by program and in the number specified in Exhibit A or will purchase units of services from the provider by program up to the amount of funding specified in Exhibit A-1. Services must be provided in compliance with all applicable licensing rules and other service standards as approved by the department or included in Exhibit G. (district specific) b. The provider agrees to provide additional services with local match up to the amount specified in Exhibit B. 2. Staffing Requirements a. In the determination of the contract rates, the provider agrees to be bound by Revised 9/28/2000 11 PSMAI No. HC02 Revision No. 01 Contract No. ID006 07/01/2000 Performance Contract ADM Services Program the staff productivity standards as given in Section 4-4.5 in Chapter 4 of the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 5A Edition, May 2000, revised November 2000. b. The provider agrees to notify the department of staffing changes in the following positions: Program Director and above. e, Contract Providers are required to develop and implement a credentialing and recredentialing process to select and evaluate the practitioners who participate within its delivery system. Included are psychiatrists, addiction specialists, psychologists, clinical social workers, psychiatric nurses, and other behavioral healthcare practitioners who are authorized by the state of Florida to practice within the scope of their licensure requirements. Choosing the practitioners who will work in the agency delivery system is part of the contract providers responsibility. Well-defined policies and procedures describe the requirements and the process used to evaluate practitioners. Part of the process includes a formal application, primary source verification of education, license insurance, National Practitioner Database Query and other checks that enable the contract provider to ensure a high quality of care is being delivered to its client population. Included in the process shall be verification of time limits. The Special Provision section of this contract may contain additional requirements regarding notifying the department of the personnel changes. 3. Service Location and Equipment a. The dates, times and location of services will be as specified in the approved district plan or departmentally approved agency-operating plan. b. The provider agrees to notify, in writing, the contract manager within 7 days of any changes in dates, times and locations where services are being provided that will materially affect compliance with the district plan or departmentally approved agency operating plan as appropriate. c. The provider agrees to furnish all appropriate equipment necessary for the effective delivery of the services purchased. 4. Deliverables a. The provider agrees to deliver the service units specified in Exhibit A and that can be provided with the amount of funds specified in Exhibit A-1 of the contract. Revised 9/28/2000 Revision No. 01 b. Where the provider uses the provision of services beyond those of Exhibit A and Exhibit A-1 as local match, the unit cost of the services multiplied by the 12 PSMAI No. HC02 Contract No. ID006 07/01/2000 Performance Contract ADM Services Program number of additional service units must equal to or greater than the required amount given in Exhibit B. c. The provider agrees to serve the number of persons indicated in Exhibit D of the contract. d. The provider agrees to meet the performance standards and outcomes as given in Exhibit D. e. The provider agrees to maintain documentation of services provided to current TANF participants to include the types of services provided, target audience, sites at which services were provided, staffhours provided and identification of staff actually delivering services. f. The provider agrees to submit to the department documentation of total staff hours directed to TANF Outreach services as a pre-requisite for payment. 5. Performance Specifications a. The provider agrees to meet the performance standards and required outcomes specified in Exhibit D. A detailed description of each standard and outcome is given in the Mental Health and Substance Abuse Measures and Data Handbook, 1 st Edition, May 1999. b. The contract manager will monitor, among other things, the standards and outcomes specified in Exhibit D during the contract period to determine if the provider is achieving the levels that are specified. The contract manager will submit the monitoring plan to the provider no later than 30 days of the effective date of the contract. c. By execution of this contract the provider hereby acknowledges and agrees that its performance under the contract must meet the standards and outcomes set forth in paragraph B.5.a., above, and that it will be bound by the conditions set forth herein. If the provider fails to meet these standards and outcomes, the department, at its exclusive option, may allow up to six months for the provider to achieve compliance with the standards and outcomes. If the department affords the provider an opportunity to achieve compliance, and the provider fails to achieve compliance within the specified time, the department may terminate the contract after considering any extenuating or mitigating circumstances. The determination whether to terminate under this provision is the exclusive determination of the department. ' d. 90% of clients will be satisfied with services, based on responses to the Department's Client Satisfaction Survey. Revised 9/28/2000 13 PSMAI No. HC02 Revision No. 01 Contract No. 1I)006 07/01/2000 Performance Contract ADM Services Program e. The provider will survey 100% of its clients. Satisfaction is determined by calculating a percentage of client responses that "agree" and "strongly agree" to question # 1 O, which states, "Overall, I am satisfied with the services that I received." f. The provider is required to use the Department's Client Satisfaction Survey and must follow the prescribed process for distribution and collection. The appointed program or district coordinator will provide instructions for the district staff. The district staff will distribute the survey and instructions to the provider. 6. P~'ovider Responsibilities a. The provider agrees to the following unique activities (lfthese activities involve the management information or fiscal accounting systems, both parties agree that these activities must comply with the provisions of s. 394. 77, F.S.): As specified in Exhibit G. b. The provider agrees to coordination with other providers and state entities as follows: N/A 7. Department Responsibilities The department has exclusive authority to make the following determination(s) and to set the procedures that the provider must follow in obtaining the required determination(s): (If these determinations involve the management information or fiscal accounting systems, both parties agree that these determinations and procedures must comply with the provisions of s. 394. 77, F.S.): N/A C. Method of Payment 1. This is a fixed price (unit cost) contract. 2. The department agrees to purchase units of services from the provider at the rates and in the amount specified in Exhibit A and to purchase services at the rates specified in Exhibit A-1 up to the amount of funds specified in Exhibit A-1. The units of services must be delivered in a satisfactory manner and in compliance with all other terms of this contract. 3. Patient Fees As reqdired by s. 394.7~ (2)Co), F.S., patient fees that are paid on behalfofa specific client and those that are earned and used (spent) by the provider for those services funded, in whole or in part, by this contract will be used in accordance with the Cost Centers Funding Sources and Revenue Report, a required report that is specified in Exhibit C, Required Reports. ' Revised 9/28/2000 . 14 PSMAI No. HC02 Revision No. 01 Contract No. ID006 07/01/2000 Performance Contract ADM Services Program a. The provider may allocate patient fees in two steps. The first step requires that, to the extent possible, patient fees be allocated to the cost center where they are generated. If, after the first step, there is a positive difference between the patient fees generated within a cost center and the estimated expenditures within that respective cost center, the provider may reallocate this excess: (1) To expand current number of services beyond the number for which the department is paying; (:2) To reduce deficits; (3) To start new services, and; (4) To provide for fixed capital projects. For cost centers funded by this contract, the provider agrees any reallocation of patient fees, must be disclosed prior to the contract's effective date. A narrative will accompany the Cost Center Funding Sources and Revenue Report, which will specify the amounts, reallocated, both by cost center and type of patient fee. b. If it is not possible to determine the cost center where a patient fee is generated such as a contribution, the provider may use an allocation methodology that has been approved by the department. e. The provider agrees to amend and resubmit to the department the Cost Centers Funding Sources and Revenue Report within 30 days of when the provider becomes aware that any funding or revenues in cost centers funded in whole or in part by this contract will exceed the amounts given in the Cost Centers Funding Sources and Revenue Report by 5 percent or $10,000, whichever is greater. d. For cost centers funded in whole or in part by this contract, if the actual amount of patient fees, as given in the audit report, exceeds the amounts in the Cost Centers Funding Sources and Revenue Report by 5 percent or $10,000, whichever is greater, the amount in excess will be treated as non-reimbursable and will be remitted to the department as an overpayment. If such excess is expended in the delivery of additional services to the target populations specified in this contract, this liability will be waived. 4. The amount ofdepartrnental financial participation shall not exceed $185,000...00 as detailed on Exhibit A, State Funding by Cost Center and Progra_/n, and $ N/A as detailed on Exhibit A-I, State TANF by Cost Center and Program, subject to the availability of funds. 5. The provider agrees to provide local match up to the amount specified in Exhibit B. Revised 9/28/2000 15 PSMAI No. HC02 Revision No. 01 C6ntract No. ID006 07/01/2000 Performance Contract ADM Services Program 6. Payment System a. The provider agrees to request payment for services delivered on a monthly basis through submission ora properly completed invoice, Exhibit E, for non- TANF services and Exhibit E-1 for TANF sereices, within 30 i:lays following the end of each month in which services were delivered. b. The department may advance funds for one month(s) of this contract, based on documented and anticipated cash needs of the provider and provided that the advancement of funds is approved by contract manager and the Office of the Comptroller. c. In accordance with s. 216.181 (15), F.S., the provider agrees that the provider will temporarily invest unused advance funds in an insured interest bearing account. Interest earned on these deposits will be returned to the department on a monthly basis. d. After the initial advance period, the provider agrees to request payment based on actual numbers of service units delivered up to the prorated share, beginning with the first month that was advanced. e. Invoices for the initial month's advances will not require supporting documentation at the time of the request. The department and the Office of the Comptroller reserve the right to request supporting documentation at any time after actual units have been delivered. f. The provider's final invoice, which is due 45 days after the contracts end date, must reconcile actual service units provided during the contract period with the amount paid by the department. g. Except for the final invoice, the provider agrees that the amount of the state's monthly payment will be equal to the number of verifiable services provided to eligible clients times the rates given in Exhibit A or Exhibit A-1. Except as provided in paragraph h. below, the total number of monthly service units paid under this contract can not exceed the monthly prorated share of units as specified in Exhibit A or prorated share of amount of funding as specified in Exhibit A-1. h. The department may release more than the monthly prorated share of the contract amount when the provider submits a request justifying the release of additional funds, the departme..nt approves the request, and funds are available. i. The department may reduce a request for advance or withhold any payment, if a provider is determined by the department to be out of compliance with the terms of this contract. Revised 9/28/2000 16 PSMAI No. HC02 Revision No. 01 Contract No. ID006 07/01/2000 Performance Contract ADM Services Program j. The department will reduce a request for advance or withhold payment, if the provider fails to submit full client enrollment, demographic, services, or performance information, as required for the department's Mental Health and Substance Abuse Measures and Data Handbook, 1 st Edition, May 1999, after the due'date given in Eihibit C. k. The department's decision to reduce or withhold funds shall be communicated in writing to the provider. The written notice will specify the manner in which the provider has failed to comply with the terms of the contract. When compliance is achieved, withheld funds will be reinstated to the provider. !. If a provider closes or suspends the provision of services funded by this contract, the provider agrees to notify the department, in writing, two weeks prior to such closing or suspension of services. If the provider fails to notify the department, the provider hereby agrees not to request payment for services provided in prior months, if the actual number of services in the month for which payment is being requested, is less than 25 percent of the prorated amount of services by cost center as given in Exhibit A or 25 percent of the prorated share of the amount of funding as specified in Exhibit A-1. m. The provider agrees to repay any overpayments or payments made to it in error, upon discovery. The department shall have 5 years after termination of this contract within which to enforce repayment of such sums. D. Special Provisions 1. Fee Schedule The provider agrees to develop a fee schedule and fee collection policy, based on income and family size, which does not create barriers to persons in need of publicly supported services. The fee schedule and fee collection policy for publicly supported services shall be submitted to and approved by the department. 2. Grievance Procedures The provider agrees to establish a grievance procedure which applic~ts for and recipients of services may use to present grievances to the governing authority of the provider about services being provided under this contract. 3. Clinical Records The provider agrees to protect confidential records from disclosure and to protect client confidentiality in accordance with section 394.4615, F.S., and any other applicable law. 4. Required Reports ' Revised 9/28/2000 17 PSMAI No. HC02 R~vision No. 01 Contract No. ID006 07/01/2000 - Performance Contract ADM Services Program The provider agrees to submit to the department financial and programmatic reports specified in Exhibit C by the dates specified. 5. Block Grant Funding Agreement Program Reports Upon request, the provider agrees to submit to the department information regarding the amount and number of services paid for by either the Community Mental Health Services Block Grant and the Prevention and Treatment of Substance Abuse Block Grant. The amount of funding is specified in Exhibit B of this contract. Also, the provider will ensure that the amount of funding and services, which are reported and paid for, reconcile with their (1) audit report, (2) client information system, and (3) departmental invoices. 6. Special Audit Reporting Requirements a. The provider agrees that its audit report will include the standard schedules that are given in Appendix J of the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 5A Edition, May 2000, revised November 2000. b. If the provider has an ADM contract with more than one district, the provider agrees that the Schedule of State Earnings as given in Appendix J of the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 5A Edition, May 2000, will be completed for each district separately. e. The provider agrees that an audit report will not be acceptable to the department, if it is missing these required schedules or if the schedules are in a different format. d. The Schedule of State Earnings and the Cost Center Funding Source and Revenue Schedule must be based on expenditures and revenues recorded during the state's fiscal year. All other schedules can be based on the provider's fiscal year. 7. The provider agrees to advise appropriate recipients that family planning servi:es are available on a sliding fee scale at the local county public health unit (CPHU). 8. For clients and their related services that are being reported to the department, the provider agrees to use the client's social security number. 9. Psychotropic Medication Revised 9/28/2000 Revision No. 01 a. The provider ag[..ees that clients discharged from state mental health treatment fagilities will be maintained on the medication that was prescribed for them by the 18 PSMAI No. HC02 Contract No. ID006 07/01/2000 Performance Contract ADM Services Program facility at discharge for at least 90 days unless there is some extenuating medical reason for changing the client's prescription or the client requests the change. Maintaining includes performing required lab tests, providing the medication, and providing appropriate physician oversight. b. If Exhibit B of this contract includes funds from the Indigent Drug Program (IDP), the provider agrees to assist the department in designing an expedited, one- time study, such as for the month of September, to identify key IDP characteristics, utilization levels, cost factors and accessibility barriers. The provider further agrees to participate in the study and provide the department with reliable data from the selected sample. 10. Informed Consent for Follow-up Survey The provider agrees that individuals, who are receiving substance abuse services paid for, in whole or in part, by this contract, Medicaid or local match, shall be informed of procedures to gather follow-up information on clients after treatment. Clients shall be asked to consent, voluntarily, to being contacted for this information. They shall be asked to sign a consent form, which allows for follow-up contact during a six (6) to 18-month period following discharge. The form should meet the provisions of 42 CFR (Code of Federal Regulations) Part 2.31 and be filed in the client's medical record. A copy will be given to the department, if requested. The form must also indicate non-consent when that is the client's response. a. All providers will use the standardized consent form contained in Exhibit L in its entirety. b. The provider agrees to complete consent forms, maintain completed forms on file, and distribute information regarding the follow-up study to clients. c. The provider agrees to contact clients at least three (3) months following discharge to update client's contact information. 11. Payments from MCO and HMO Organizations Unless waived in the Special Provisions of this contract, section D, the provider agrees that subcapitated rates from either a managed care organization (MCO) or a health maintenance organization (HMO) will be considered to be "third party contractual fees" as defined in Chapter 5A of the Guide to Performance Contracting for Alcohol, Drug Abuse and Mental Health Services, 5A Edition, May 2000, revised November 2000. Units of services which are covered by the subcapitated contracts and provided to persons covered by these subcapitated contracts must not be billed to the department. 12. The provider agrees to submit demographic, admission, discharge, enrollment, Revised 9/28/2000 19 PSMAI No. HC02 Revision No. 01 Contract No. ID006 07/01/2000 Performance Contract ADM Services Program placement, and service and performance data electronically and in a manner as specified in the Mental Health and Substance Abuse Measures and Data Handbook, 1 st Edition, May 1999. 13. Calculating Local Match for Alcohol Services The amount of local match required by section 394.76(3)(b) for alcohol services is equal to the percent of clients with a primary or secondary alcohol abuse problem from the latest 12-month substance abuse warehouse data. 14. Additional Local Match If Exhibit B indicates that this contract contains additional local match, the department agrees that this additional amount is not to be factored in when determining the amount of local match required for compliance. 15. Additional Performance Measures a. If the district and provider have agreed on an Agency Operating Plan, the provider agrees to the district specific performance measures included in the Agency Operating Plan, which is hereby incorporated herein by reference, as if fully set out here. b. The provider agrees to the following district specific performance measures: N/A Ce The provider agrees to be in full compliance with the following statutes: · Chapter 394: Quality Assurance - addresses QA plan and procedures; · Chapter 65E-5: Quality of Treatment - addresses monitoring requirements; · Chapter 65E-4: Quality Assurance - addresses continuity of care and services including peer review and utilization review. 16. Unusual Incident Reporting If Exhibit A or A-1 indicates the purchase of children's mental health residential levels 1, 2, 3, or 4, inpatient, or crisis stabilization services, the provider agrees to submit incident reports to the contract manager. The provider also agrees the format of the report and the procedures for submitting and tracking these reports will be in accordance with the district operating procedures, which are based on CFOP 215-6 and included in Exhibit H. 17. Year 2000 Compliance Warranty Computer hardware and'sofhvare purchased with funds under this contract or used to Revised 9/28/2000 20 PSMAI No. HC02 Revision No. 01 Contract No, 113006 07/01/2000 Performance Contract ADM Services Program connect to the department's information systems shall be Year 2000 compliant. Year 2000 compliant means: the product will include the ability to consistently handle date information before, during and after January 1, 2000, including accepting date input, providing date output, and processing dates; function before, during and after January 1, 2000, without the need for program changes caused by the advent of the new century; properly handle all date-related information before and following January I, 200 I, including but no limited to accurate and reliable performance in processing date and date- related data, including calculating, comparing and sequencing; properly process any and all date calculations before, on or after February 29, 2000 and store and provide output of date information in ways that are unambiguous as to century. 18. Equal Opportunity In accordance with the Methods of Administration - Equal Opportunity in Service Delivery Manual (HRSM 220-2), any meeting, conference, workshop, hearing, training session, seminar, or other similar functions sponsored by this department, either as sole sponsor or in conjunction with other agencies, whether such functions are open to the public, designed for department staff, or limited by invitation, must be scheduled in an accessible facility. This includes any training done through contracts. Any publicity or invitation for any of the above described events shall include a statement in bold print that "Persons needing special accommodations to attend this [event, meeting or training] should contact [staff name and phone number[ at least seven days in advance of the [event, meeting or training] so that appropriate arrangements can be made." E. Exhibits 1. Exhibit A - State Funding by Cost Center and Program 2. Exhibit A-I - Not Applicable 3. Exhibit B - Funding Detail 4. Exhibit C- Required Reports 5. Exhibit D - Required Standards and Outcomes 6. Exhibit E - Standard Invoice 7. Exhibit E-1 - Standard TANF Invoice 8. Exhibit F - TANF Guidelines Service Description 9. Exhibit G - Service Description 10. Exhibit H - Incident Report 11. Exhibit I - Not Applicable 12. Exhibit J - Not Applicable 13. Exhibit K- Not Applicable 14. Exhibit L- Informed Consent'for Follow-Up Survey Revised 9/28/2000 Revision No. 01 21 PSMA! No. HC02 Contract No. H)006 EXHIBIT A STATE FUNDING BY COST CENTER AND PROGRAM Agency Name. The City nfDelrav Beach Contract 1D006 Date 11/01/00 Revision# 001 Adult Adult Children's COST CENTERS Mental Health Substance Abuse Mental Health Assessment State Rate Contact Hours Purchased ! Case Management State Rate Direct Svs Itrs Purchased Cfis:s Stabfliza't~on State Rate Bed Days Purchased Cnsts Support/Emergency State Rate Staff Hours Purchased Day Care State Rate Days Purchased Day-Night State Rate Days Purchased Drop-ln/Self-Help Centers State Rate Fasih~y Days Purchased la-home and ou-s, te State Rate Direct Svs I-lJ's Purchased lnpat~em State Rate Days Purchased 0 Intensive Case Management State Rate Direct Svs Hrs Purchased 11 Intervention State Rate Direct Svs 1-1rs Purchased 12 Medical Services State Rate Contact Hours Purchased 13 M*thadone Maintenance State Rate Dosages Purchased 14. Outpatient a. indixqdual Individual State Rate Contact Hours Purchased b Group Group State Rate Contact Hours Purchased 15 Outreach State Rate Non-Direct Svs Hfs Purchased 16 Prevention State Rate Non-Direct Svs Hfs Purchased $ $ $ $ $ S $ S 40,000 $ 28 32 $ 1,412 $ $ $ $ $ $ $ $ $ $ S $ S $ $ S $ S $ S S $ $ $ S S $ $ $ S $ S S S $ S S $ ADM Serwces Page I of 2 Child/Adol Substance Abuse 4 28 32 4,767 22 EXHIBIT A STATE FUNDING BY COST CENTER AND PROGRAM Agency Name The C~ of Delrav Beach Conlxact ]D006 Date 11/01/00 Revision# 001 Adult Adult Children's COST CENTERS Mental Health Substance Abuse Mental Health 17 Prev/Interv - Day State Rate Days Purchased lg Rasident~al Level 1 State Rate Days Purchased 19 Residenual Le~,el 2 State Rate Days Purchased 20 Residential Level 3 State Rate Days Purchased 21 Rasidentlal Level 4 State Rate Days Purchased 22 Respite Services State Rate Contact Hours Purchased 23 Sheltered Employment State Rate Days Purchased 24 Substence Abuse Detox State Rate Bed Days Purchased 25 Supported ffmployment a In&vtdual State Rate Direct Svs Hfs Purchased b Enclave Model State Rate D~rect Svs His Purchased 26 Supported Housmg/L]vsng State Rate Direct Svs Hfs Purchased 27 TASC State Rate Dqrcct Svs Hfs Purchased 29 Ou~pauent Detox State Rate Days Purchased 30. Information end Referral State Rate Staff Hours Purchased 32 Aftercare State Rate Direct Svs Hfs Purchased 33 Room and Board v~th Supervision State Rate Days Purchased Total State Funds $ $ S $ S S S S S S S S S S $ S S S S S S S S S S S S S S S $ $ S S S $ S S S S S S $ S S $ $ S S $ $ $ S $ $ $ $ $ $ $ $ S S $ S S S S S S S S S S S S S S S S S S S $ S S S S S $ S $ 0 $ 40,000 $ 0 $ ADM Services Page 2 of 2 Chfld/Adol Substance Abuse 4 2'3 Agenc~ N~ne~ D~e 11/01/00 EXHIBIT B FUNDING DETAIL MENTAL HEALTH Buds~t Enut) 60910502 G/A-ADULT COMM MENTAL HEALTH (100610} 5O2O04-EMERGENCY STABILIZATION Gene~ Revenne,,TSTF ADAMH Trim Fund * 502005-TREATMENT AND SUPPORTS General RevenurdTS'IT ADAMH Tvast Fund * FG1T TANF FGTF PATH FGTF Other G/A-BAKER ACT SERVICES (100611) 502004-EMERGENCY STABILIZATION General Revenue G&D'IT O~her G/4.-INDIGENT PSYCH MEDICATION PROGRAM 502005-TREATMENT AND SUPPORTS Cmne nd Revenue TOTAL ADULT COMM MH OCA I9ME4 19004 19ME5 19OO5 39ADM GX003 19ME4 19MF~ AMOUNT Budget Enu~ 60910503 O/A-CHILDREN'S MENTAL HEALTH (100435) OCA 503001 -EMERGENCY STABILIZATION General Revenue 19MEI ADAMH Trust Fund ' 190C 1 FGTF - TItle [VB WO027 503002-TREATMENT AND SUPPORTS General Re.~aue/TS'IT 19ME2 ADAMH Trim. Fund * 190C2 O&DTF TRle XXJ 89Q22 FGTF Other ?URCHASE OF THERAPEUTIC SERVICES (100g00) 503002-TREATMENT AND SUPPORTS General Revenue 19ME2 3/A-PURCHASF. D RESIDENTIAL TREATMENT SVCS 002?80) 503002-TREATMENT AND SUPPORTS General Revenue 19ME2 Cnmeral Revenue O~her 3/A-CHILDREN'S BAKER ACT (104257) :503001 -EMERGENCY STABILIZATION General Rev~ue G&DTF Other $ - FOTAL CFHLDREN'S MENTAL HEALTH SUBSTANCE ABUSE Budscl Enutx 60910603 O/A-COMM SUBSTANCE ABUSE SVCS (100618) 603005-DETOX1FICATION Genend Rgsenuc/ADMTF* ' Tobacco S¢~emcnt Trust Fund 603006-PILEVENTION SERVICES ~03007-TREATMENT & AFTERCARE Genera{ Re'. enu¢/AD M'TFFI'STE/G&D'TF * ' GPd'TSTF/O&MTF ADAMTF S~rvlccs to Women *** ADAMTF In~ravcnous Drag L~sage ADMTF Admmlstrauvc Ex~gnd~tums FG~F TANF FGTF G&DTF Other TOTAL ADULT SUB ABUSE OCA 270G5 27ME5 AMOUNT 2?PR6 $ 40,000 o0 270G7 27ME7 27WOM 27HIV 27AD7 39TC0 40,000 00 ,Budget Enur, 60910602 ~G/A..CHILD/ADOL SUBSTANCE ABUSE SVCS 000420) ~02001 -DETOXIFICATION/ARF General Revcnue/ADMTF* * Tobacco Settlemunt Trust Fund ~02002-PREVENTION SERVICES Pmvenuon Services 602003-TREATMENT & AFTERCARE G R/TSTFtO&MTF General Rexenue./ADMTF/CASA TF** ADMTF Admm:m'aUve ~xp~nchtums FOTP TANF FGTF O~hcr G&DTF Odmcr TOTAL CHILD/ADOL SUB ABUSE $ 15500000 MATCH CALCULATIONS APPLICABLE TO CONTRACT FUNDS NOT REQUIRING MATCH TOTAL FUNDS NOT REQ MATCH $ TOTAL FUNDS REQUIRING MATCH LOCAL MATCH REQUIRED ADDITIONAL LOCAL MATCH GRAND TOTAL LOCAL MATCH 19MEI OCA 270G I 27MEI AMOUNT S AMOL~T 27PR2 $ 145 000 oo 27ME3 270G3 27AD3 39TC I S 145 00o 00 S 185 00000 S 61 66667 S 61 6666'7 · Commumty Mental Hulth Block Grant · -Expert&turin must be Substance Abuse Preventmn and Teeatment Black Grant d,gsble .~· Substance Abuse Preventton and Treatment Block Grant - Funding Agreement.. RESTRICTIONS APPLY 24 07/01/2000 Performance Contract ADM Services Program Exhibit D Alcohol, Drug Abuse and Mental Health Required Standards and Outcomes Agency Name: The City of Delray Beach Contract #: ID006 Date: 11/01/00 Revision #: 001 I. Required Performance Standards for Each Target Population Minimum Numbers to Be Served A. Adult Mental Health N/A 1. Severe and Persistent Mental Illness 2. Crisis 3. Forensic Involvement B. Children's Mental Health N/A 1. Seriously Emotionally Disturbed 2. Emotionally Disturbed 3. At Risk of Emotional Disturbance C. Adult Substance Abuse N/A 1. Parents Putting Children at Risk Abusing Substances 2. Adults Involved in Criminal Justice System Abusing Substances 3. Intravenous Drug Users 4. Dually Diagnosed (Substance Abuse and Mental Health) 5. Adults 60 years and older (Establish Baseline) 6. Adults at risk of Substance Abuse 7. Other D. Children's Substance Abuse 1. Under State Supervision and Abusing Substances 2. Not Under State Supervision and Abusing Substances 3. Children At-risk of Substance Abuse (Targeted Prevention) I1. Required Outcomes For Each Target Population N/A N/A A.I. Required Outcomes for Adult Mental Health - Severe and Persistent Mental Illness N/A 1. Average post admission annual number of days spent in the community will be at least ~ 2. Average post admission GAF score will be at least __ 3. Average post admission annual number of days worked for pay will be at least __ A.2. Required Outcomes for Adult Mental Health - Crisis N/A 1. Average GAF change score will be at least 2. At least __ percent will not be readmitted to a CSU within 30 days of being discharged from a CSU. A.3. Required Outcomes for Adult Mental Health - Forensic Involvement N/A 1. Average post admission GAF score will be at least __ 2. Percent of persons who violate their Chapter 916, F.S., conditional release and re-recommitted shall be no more than percent. 3. Average post admission annual number of days sl~ent in the community will be at least__ Revised 9/05/2000 25 HC02 07/01/2000 Performance Contract ADM Services Program Exhibit D (continued) Alcohol, Drug Abuse and Mental Health Performance Measures Agency Name: The City of Delra¥ Beach Contract #: ID006 Date: 11/01/00 Revision #: 001 B.I. Required Outcomes for Children's Mental Health - Seriously Emotionally Disturbed N/A 1. The average post admission score on the Children's Global Assessment Scale will be at least ~ 2. Average post admission annual number of days spent in the community will be at least __ 3. Children will attend a post-admission average of at least __ percent of available school days per year. B.2. Required'Outcomes for Children's Mental Health - Emotionally Disturbed N/A 1. The average post admission score on the Children's Global Assessment Scale for children will be at least ~ 2. Average post admission annual number of days spent in the community will be at least __ 3. Children will attend a post-admission average of at least percent of available school days per year. C.I. Required Outcomes and Outputs for Adult Substance Abuse N/A 1. At least __ percent of adults discharged from treatment will complete treatment. 2. At least__ percent of adults discharged from treatment will be employed upon discharge. 3 At least __ percent of adults completing treatment are drug-free during the last 30 days of the 12 months following completion of treatment (establish baseline). 4. At least __ adults who complete treatment will be provided aftercare/follow-up treatment (Numerical Output). 5. At least __ at risk adults will be provided substance abuse prevention services (Numerical Output). 6. At least ~ adults will be served (Numerical Output). D.I. Required Outcomes and Outputs for Children's Substance Abuse N/A 1. At least __ percent of children discharged from treatment will complete treatment. 2. At least __ percent of children completing treatment are drug-free during the last 30 days of the 12 months following completion of treatment (Establish Baseline). 3. At least __ children will be served (Numerical Output). 4. At least ~ children will be provided aftercare/follow-up treatment (Numerical Output). 5. At least __ children who receive treatment will complete treatment (Numerical Output). D.2. Required Outcomes for Children at Risk of Substance Abuse 1. At least 75 percent of stud. ents in alpha/beta prevention programs will achieve a minimum of six months improvement in reading each semester, or wdl progress to within grade level. 2. At least 75 percent of students in alpha/beta prevention programs will achieve a minimum of six months improvement in math each semester, or will progress to within grade level. 3. At least 95 percent of children receiving selective/indicated prevention services will not be admitted to substance abuse services during the 12 months after completion of prevention services. 4. At least 96 at-risk children will be served in selective/indicated prevention (Numerical Output). III. Internal Measures Not Required by the General Accounting Act N/A A.1. Adult Mental Health N/A 1. At least ~ adults age 60 or older will be served (Numerical Output). (Establish Baseline). l~.l. Adult Substance Abuse N/A 1. At least __ adults age 60 or older will be served (Numerical Output). (Establish Baseline). 2. At least __ percent of women pregnant during treatment will give birth to substance free newborns. 3. At least ~ percent of adults completing treatment will be alcohol-free during the last 30 days of the 12 months following completion of treatment (Establish Baseline). ~ Revised 9/05/2000 26 HC02 07/01/2000 Exhibit D (continued) Alcohol, Drug Abuse and Mental Health Performance Measures Agency Name: The City of Delra¥ Beach Contract #: ID006 Date: 11/01/00 Revision #: 001 Performance Contract ADM Services Program 4. At least ~ at risk adults who receive treatment will complete treatment (Numerical Output). C.1. Children's Substance Abuse 1. At least N/A percent of children completing treatment will be alcohol-free during the last 30 days of the 12 months following completion of~'eatment (Establish Baseline). 2. At least 90 p~rcent of children in targeted prevention programs will perceive substance use to be harmful at the time of discharge, when compared to admission. D.1. Data Submission Outcomes for Substance Abuse N/A 1. One hundred percent of enrolled clients required by exhibit D will have appropriate Service Events accepted by the ADM data warehouse. 2. At least ~ percent of adults completing treatment will have completed provider follow up data via mail or telephone 12 months following treatment. (Establish Baseline). (See Exhibit G for HC02 only). 3. At least __ percent of children completing treatment will have completed provider follow up data via mail or telephone 12 months following treatment. (Establish Baseline). (See Exhibit G for HC02 only). Revised 9/05/2000 27 HC02 EXHIBIT G District Nine Alcohol, Drug Abuse and Mental Health SERVICE DESCRIPTION By Cost Center FY 00/01 AGENCY: City of Delray Beach PROGRAM: AMH ...... CMH ...... ASA ......CSA...X... COST CENTER: PREVENTION-CHILD/ADOLESCENT SUBSTANCE ABUSE PROBLEMS 1. SERVICE DESCRIPTION BY COST CENTER AS PER ADM GUIDELINES Prevention services are those services that preclude, forestall, or impede the development of substance abuse and mental health problems and include increasing public awareness. 2. DESCRIPTION OF SERVICES PROVIDED a. Prevention services are provided for at-risk youth 6th -12th grades living within the Community Development Block Grant Target Area of the City of Delray Beach. Youth are given the opportunity to interface with each other in a safe, structured, and nurturing environment to develop general self-management skills, social skills, information, and skills specifically related to drag use/abuse prevention. b. Tasks will be performed in both large and small group settings, allowing students to observe the behavior of others and to appreciate commonalties and differences. The program allows for teaching skills through training techniques, such as instruction, demonstration, feedback, reinforcement, and practice. c. Services are provided for middle and high school-aged youth 5 - 9 p.m., Monday - Friday. d. Daily Monday through Friday. e. N/A f. Thirty-six weeks during the school year (August through June) and 8 weeks during the summer. 3. CLIENTS TO BE SERVED a. Those children living in the CDBG target area will be served. Approximately 94% of these students are considered to be minorities. b. Children are recommended for participation by their teacher~, parents, and community-based organizations. These children show no psychological problems but are working below their level of potential and expectation. 28 EXHIBIT G Co As required by Section 10E - 16.00(260) and (30), the protection of participants and discharge procedures shall be in accordance with the attached check information form. Slots are available to serve students who live within the CDBG target area (bounded on the west by 1-95, the east by Federal Highway, the north by Lake Ida Road and the south by Linton Boulevard). Service completion is established by the student's graduation from high school. ADDRESS AND TELEPHONE NUMBER OF EACH LOCATION IN YOUR AGENCY WHERE SERVICES UNDER THIS COST CENTER ARE PROVIDED Village Academy 141 SW 12th Avenue Delray Beach, Fl. 33444 (561) 276-6755 Delray Full Service Center 301 SW 12th Avenue Delray Beach, FI. 33444 (561) 276-8571 5. PROGRAM DIRECTOR'S NAME, AGENCY TITLE, TELEPHONE NUMBER AND THEIR OFFICE LOCATION Ms. Sarah Ingram, Program Director Police Sub-station 141 SW 12th Avenue Delray Beach, Fl. 33444 (561) 276-6755 Ms. Rhonda Williams, Teen Coordinator Police Sub-station 141 SW 12th Avenue Delray Beach, 33444 (561) 276-6755 6. DESCRIBE HOW EMERGENCIES ARE RESPONDED TO OR HOW UNEXPECTED NEEDS FOR SERVICE ARE DELIVERED The procedures shall be adhered to in case of injury to participants or other emergency/non-emergency situations arise. These procedures are in compliance with Section 10E- 16.004(33). 7. STAFFING LEVELS a. (1) full-time Teen Coordinator, (1) part-time activity coordinator b. Client to staff ratio will be 25 children to 1 adult at all times. The Teen Coordinator will serve as the primary program facilitator. c. Policies and procedures are attached. 8. EXPLAIN ANY CHANGES, ACHIEVEMENTS OR MODIFICATIONS FOR SERVICES TO BE PROVIDED UNDER THIS COST CENTER IN FY 99/00 This is a new program that is being proposed. The cdmmunity has identified a need for such a program. 29 EXHIBIT G 9. EXPLAIN ANY PROPOSED CHANGES FOR SERVICE PROVISION IN FY 00/01 AND RATIONALE This is a new initiative being undertaken to provide 50 at-risk middle and high school students with a structured program during the out-of-school hours. Research has shown that youth engage in more risky behaviors during the out-of-school hours due to their being idle and unsupervised. The program will implement a scientific-based substance abuse prevention curriculum that meets the required 4 principles of Effectiveness guidelines set forth by the Department of Education. The Life' Skills Training (LST) program is a remarkably effective tobacco, alcohol and drag abuse prevention program for middle and high school students. The LST program is based on the latest scientific evidence of what causes drag abuse and how to best prevent it. The main goals of the LST program are to teach prevention-related information, promote anti-drug norms, teach drug refusal skills, and to foster the development of personal self-management skills and general social skills. The program intervention will include but not be limited to tutorial, performing arts, groups, field trips, and leadership skills building. Some specific program activities will include: · Parent Night · Family Night · Social Services · Group and individual tutoring/homework assistance · Recreational activities · Life Skills Training/Violence Prevention · Home Visits/School Visits * Daily Snacks/Nutrition · Computer Class · Annual Rites of Passage · Summer Program · Entrepreneurial Programs · Field Trips (College Tour) · Cultural (Performing Arts) · Teen Rap Sessions · Community InvolvemenffEmpowerment (Adopt-a-Highway, Peer Mentoring) The availability of an after-school program will help to provide many youth in the target area with much needed positive role-modeling, mentoring, peer support, and focus on positive life skills. $ 10. PROJECTED NUMBER OF UNDUPLICATED CLIENTS TO BE SERVED IN THIS COST CENTER IN FY 00/01 ~Fhe projected number ofunduplicated clients to be served in this program is 50. 30 EXHIBIT G 11. PROPOSED COST OF SERVICES PER THIS COST CENTER IN FY 00/01 a. $50,000 b. $50,000 ¢. 28.32 d. N/A 31 EXHIBIT G JOB DESCRIPTION Position: Teen Coordinator Responsible to: Village Center Director Function: The Teen Coordinator provides direct services to middle school and high school age children in a structured after school program. The Teen Coordinator is responsible for designing, coordinating and implementing a program suited to meet the developmental, social, emotional, and recreational interests of the targeted age group. Dufies~ * Direct services to teenage youth participating in the al~er-school program. * Designs, coordinates, implements, and integrates age appropriate recreation, cultural/artistic, academic, life skills, life enrichment activities for middle/high school age youth. * Maintains attendance records and activities log. * Prepares monthly and quarterly reports as deemed necessary. * Interfaces with school stafFpersonnel on the behalf of students in the program. * Organizes special workshops to provide education to teens and their parents regarding: violence prevention, substance abuse prevention, pregnancy and STD prevention. * Assists with organizing the College Tour and College Summit programs. * Provides mentoring, role modeling and support to students and their families. * Recruits volunteers for the program. * Prepares the necessary administrative tasks to ensure contract compliance. * Performs related tasks as required. Knowledge, skill, and abilities: * General knowledge of the principles and practices for out-of-school programs around the areas the following: safety, health and nutrition, recreation, socialization, discipline and conflict resolution. * Ability to deal effectively with others. * Ability to organize and implement an effective program to meet program goals. * Ability to use excellent verbal and written communication skills. * Strong knowledge of child development specifically regarding adolescents. * Ability to record and report pertinent program data. Q~fications: Individual should have H.$. diploma or equivalent with extensive experience working with middle and high school youth. 32 EXHIBIT G BUDGET NARRATIVE 6,.12 1. Salaries TEEN COORDINATOR 2. Employee Benefits a. FICA b. Health Plan (1 employee xl2months) **SUB-TOTAL SALARIES & BENEFITS TOTAL 30,OO0.0O 30,000.00 4,000.00 4,500.00 38,~00.00 3. Travel a. Field trips Local trips-- 2000.00 b. Conference/Registration/Travel--- 1080.00 **SUB-TOTAL TRA VEL 3080.00 4. Communications/Utilities a. Postage & Shipping 30 x 12 =360 b. Business phone $0a month x 12 months =600 **SUB- TOTAL COMMUNICA TION/UTILITIES 960. O0 6. Other a. Professional Services cultural ~ $30 a hr. x 3hr. a wk. ---90 x 44 wks= 3960.00 **SUB-TOTAL OTHER 3960. O0 7. TEEN RAP a. life skill training manual & supplies =500 b. awards and incentives =1000 **SUB- TOTAL TEEN RAP 1 $00. O0 33 EXHIBIT G 8. AAU SPORTS (GmLS & BOYS BASKETBALL) a. uniforms (50 ~$30 a uniforms)=$1,500 b. supplies (score books, basketballs, et¢)=500 **SUB- TOTAL FOR BASKETBALL OVERALL TOTAL $50,000.00 2000. O0 34 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS ITY MANAGER AGENDA ITEM ~ ~ - REGULAR MEETING OF JANUARY 16, 2001 RESOLUTION NO. 5-01 (PUBLIC SCHOOL NURSES) JANUARY 12, 2001 We received a request from The School Nurses of Okaloosa County for support of their efforts to secure funding for school nurses in every Florida public school. The lack of funding for school nurses is prevalent throughout many counties in Florida, including Okaloosa County. Only 17 of the 37 public schools in Okaloosa County are fortunate enough to have a licensed nurse due to inadequate funding. Resolution No. 5-01 supports the services promded by school nurses and requests that the Florida State Legislature and Governor Bush allocate sufficient funding to Florida's 67 public school districts for a school nurse m every pubhc school. Recommend approval of Resolution No. 5-01. RefiAgmemol 0 Res.5-01.Public School Nurses RESOLUTION NO. 5-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DF.T.RAY BEACH, FLORIDA, DECLARING SUPPORT FOR SCHOOL NURSES IN _AT.1. FLORIDA PUBLIC SCHOOLS. WHEREAS, a licensed nurse draws upon her assets of education, experience and skills to detect potential health problems, recognize and manage minor illness, administer first aid, offer skilled health guidance and counseling, make necessary medical referral, and act as the personal physiciun's extension into the school setting to meet the health needs of the child during the school day; and WHEREAS, student attendance and academic grades are improved by the school nurse's early detection of disease, and by adequate assessment and judgment when students are well enough to remain in school; and WHEREAS, school nurses collaborate with administrators to promote a healthy, safe and nurturing environment; and WHEREAS, according to a recent survey conducted by the National Association of School Nurses, 98% of school nurses have saved a child's life, 82% have identified an abused child, and 67% have counseled a depressed/suicidal student; and WHEREAS, teachers are able to devote their time to educating students because the school nurse coordinates the health needs of the students; and WHEREAS, parents are confident that their children's health needs and injurtes are appropriately addressed by a licensed nurse during the school day. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOI.I.OWS: Section 1. That the Delray Beach City Commission hereby declares support for school nurses in all Florida public schools, and requests that the Florida State Legislature and Governor Jeb Bush provide new funding to Florida's 67 public school districts for a school nurse in every public school. PASSED AND ADOPTED in regular session on this the 16~' day of January, 2001. MAYOR ATTEST: r MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~]"/ - REGULAR MEETING OF JANUARY 16, 2001 REVIEW OF APPEP. I.&BLE LAND DEVELOPMENT BOARD ACTIONS DATE: JANUARY 11, 2001 Attached is the Report of Appealable Land Use Items for the period January 2"d through January 12, 2001. It reforms the Comrmssion of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. Ref:Apagrnemo/Appealables/01.16.01 TO: THRU: FROM: SUBJECT: DAV, J,D T. HARDEN, CITY MANAGER PA]AULC/~ORLI~G. ~c~i CTOR OF PLANNING AND ZONING IN ALLEN, PLANNER MEETING OF JANUARY 16, 2001 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS JANUARY 2, 2001 THRU JANUARY 12, 2001 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of January 2, 2001 through January 12, 2001. 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. Ao Approved (6 to 0), a request for a color change for B & B Bakery, Inc. located on the south side of George Bush Boulevard, between NE 6th Avenue (northbound Federal Highway) and NE 7th Avenue. Approved with conditions (6 to 0, Friess arrived late), a Class II site plan modification associated with the relocation of office space from the existing restaurant building to the existing hotel building for Boston's Restaurant, located on the west side of Ocean Boulevard, south of East Atlantic Avenue (40 South Ocean Boulevard). City Commission Documentation Appealable Items Meeting of January 16, 2001 Page 2 Co Approved with conditions (7 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with the construction of a 2,094 sq. ft. tool rental center addition at Home Depot, located south of Linton Boulevard, east of 1-95. Approved with conditions (7 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with a 240 sq. ft. building addition and reconfiguration of the parking lot at 816 Palm Trail, an existing commercial office building, located between Palm Trail and NE 9th Avenue, approximately 170 feet north of George Bush Boulevard. No Regular Meeting of the Planning and Zoning Board was held during this period. No Regular Meeting of the Historic Preservation Board was held during this period. By motion, receive and file this report. Attachment: · Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- JANUARY 16, 2001 GULF STREAM BL~). L.,~ C~AL N.W 2ND ST. S.W 2ND ST SW, 0-15 CANAL S.P.R.A.B: A. B & B BAKERY, INC. B. BOSTON'S RESTAURANT C. THE HOME DEPOT D. 816 PALM TRAIL ~,--o ..... CI'TY LIMITS --,~.--*--o-- ONE MILE GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 2OOO MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS ~CITY MANAGER AGENDA ITEM ~.2~ - REGULAR MEETING OF JANUARY 16, 2001 AWARD OF BIDS AND CONTRACTS JANUARY 12, 2001 This is before the Cxty Commission to approve the award of the following bids and contracts: Bid award in the amount of $23,000 to Fast Dry Compames for the resurfacing of seven (7) hard courts at the Tennis Center and to provide an on-site technicmn dunng the Citrix Tournament, w~th funding from 334-4145-572-63.90 (Tennis Center/Other Improvements). Purchase award in the amount of $58,000 to Intl. Yacht Sales for the purchase of a 24.6 World Cat (Catamaran) SF Boat and twin axle trailer, and an adchtional $4,557.76 to various vendors for the purchase of miscellaneous supplies. Funding in the amount of $47,220 will be from the Florida Inland Navigation District (F.I.N.D.) grant, w~th the balance from 001-2111-521-64.90 (Police - Other Machinery/Equipment). Housing rehabilitation grant award in the amount of $19,325.25 to South Florida Constraction for the rehab of a single farmly housing unit at 618 S.W. 7~h Avenue, with funding from 118- 1924-554-49.19 (SHIP - Housing Rehabilitation). Recommend approval of the bid and contract awards listed above. RefiB~d.Agmemo.01.16.01 Request to be placed on: X Regular Agenda When: January 16, AGENDA REQUEST 2001 Special Agenda Agenda Item No: Workshop Agenda Description ofagendaitem (who, wh~,whem, how much): City Commission ts requested to approve a b±d award tn the amount of $23,000 to Fast Dry Companies to resurface seven (7) hard courts at the Deiray Beach Tennis Center and co provide an on-site technician during the Citrix Tournament funding is available in account 334-4145-572-63.90. ORDINANCE/RESOLUTION REQUIRED YES/NO Recommendation: Approval. Drait Attached: YES/NO Department Head Signature. Determination of consistency with Comprehensive Plan: City Attomey Review/Recommendation (if applicable): Budget Director Review (required on all items involving of funds): Funding Available: ~._~O Funding altematiYes: Account No. & Descfiption:~-ql~5-<~"17. Account Bal~ce: Ci~ M~ager Review: Approved for ~en~: ~O Hold ~til: Agenda Coordinator Review: Received: Action: Approved/Disapproved City of Deiray Beach Budget Transfer Form (I) Departmental Line Transfer (2) Date 3anuary 12_. 2001 (3) Interfund/Interdepartmental Transfer (4) Batch Number (5) Requested By: Mary A. Yo~, Accountant II · PROJECT # (6) ACCOUNT NUMBER ,. (7,) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN XXXXX 334-4145-572-63.90 Tennis Ctr-Other Improve~ents 2,000 XXXXX 334-4145-572-34.90 Tennis Ctr-Other Contract:ual 2,000 (10) TOTAL 2,000 2,000 JUSTIFICATION: To transfer monies needed to fund the.. o~-site technician during the Citrix Tournament bidded to Fast Dry Companies in conjunction with resurfacing seven hard courts at the Delray Beach Tennis Center.. " ] Department Head Asst City Manager Finance Director City Manager (! 1) Budget Revision Date (13) Period ORIGINAL - BUDGET CANARY - PROJECT FILE (12) Control Number (14) Count PINK - DEPARTMENT £1T¥ DF DELHI:I¥ BEI:I£H DELRAY BEACH NI-AmericaCity 1993 FROM: 1OO N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 MEMORANDUM David T. Harden, City Manager '~oRobert A. Barcinski, Assistant City Manager 561/243-7000 SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING, JANUARY 16, 2001 BID AWARD- TENNIS COURT RESURFAClNG DATE: January 12, 2001 ACTION City Commission is requested to approve a bid award in the amount of $23,000 to Fast Dry Companies to resurface seven (7) hard courts at the Delray Beach Tennis Center and to provide an on-site technician during the Citdx Toumament funding is available in account 334-4145-572-63.90. BACKGROUND Three (3) quotes were received to resurface the seven (7) hard courts at the Tennis Center and to provide an on-site technician for the Citdx Tournament as follows: Fast Dry Companies $23,000 Frochling's/Papico $24,630 Pro Courts $23,725 Specifications for the resurfacing were prepared by Califomia Products Corporation and were reviewed by City tennis staff, Digby Bridges, and the ATP on behalf of the Citdx Tournament sponsor. All concurred with the specifications which will meet ATP requirements for the Citdx Toumament. All courts need to meet ATP standards, be of acceptable ATP quality, and uniform in speed for the toumament. Work must begin by 01/29/01 and be completed by 02/09/01. The estimated budget for this project was $35,000. RECOMMENDATION Staff recommends approval of the bid award to the Iow bidder Fast Dry Companies as proposed in the amount of $23,000 with funding to come from account 334-4145-572-63.90. RAB:tas File:u:sweeney/agenda Doc.:Bid Award Tennis Court Resudacing THE EFFORT ALWAYS MATTERS 13:35 FROM: · ClTRIX® · Delray Bea~h · laelm Beech County T0:7199 I~ooJ mm mmm/y/ I discussed the process and mixture (atta~ed) being used to resurface the seven hard courts at the Delray Beach Tennis Center (as described in our January 9th meeting with the City) with ATP Supervisor Mark Darby. Upon that discussion, and Mark's subsequent discussion with Art Tucker from Calitornia Products, we am comfortable that the process, as given, will provide ~t more simil;~r speed and playability to Indian Wells. We would also like to reiterate the Importance of having a proper coud technician on hand throughout the event to handle any incidents that may arise, I would like to thank both you and your staff for your attention to this. )mmm m m 30 NedkweU l~A,,~e, D~lr~f Beach, Flork~ $344~, U~ * Pl~om 561.330,6000 · 1~5~!.330.6001 ~qN:ll-B001 1~:~5 FROM: UX/~X/UI. JP~{-05-01 T0:?199 I~:li P~ OtkiFO~l~ ~R(IXIO~ FI~, HO, ~786~980 P. 04/05 TENNIS COURT RESURFACING DEL RAY BEACH TENNIS CLUB Tho £ollowing :,to lhe guidolines and ptoccdur~ to properly rusur£a~e thc tcnllis Court complox at dmc Del ]ia)' B=ach Tcnz~s Club Oualikv A~emncc-- Bids For ibis project will only bo cunddercg from finus rugularly engaged in ~ ~e of work ~d ~vho ~vc an ~tublished reputation in ~c coustrucu'on ~d ~u~ing of ~m~s ~u~. Thc ~u~mr shall furnish, ~o ~¢ ~tisfaclion of the ~, proof of previous experion~ in ~l-wc~ t~nis resur~ing. The ~n~ac~r will submit a list of all-wea~ t~nis couaa hcr have cons~ucl~ 1{~ shah include: 0~,', l~tion, and numb~ ofcou~ ~d i~ yo~ cous~ucl~ or Any materials to be considered For this project must be from u m~u factu~r ~at hag ~ul~ly ungag~ in tl~e m~f~r~g oftheso p~d~ts fora minimum of five (5) y~,s and must m~t the pro~ sp~ifi~. The manufacturer must furnish ~iilen Jufonua~on m t~ Owner that all pmdu~ m ~ u~ ~e 100% a~ylic {a~ systems (vinyl and vinyl combinations am not ~¢~ptahlc) ~d ~c fr~ of as~os fillc~, The proposed finish surface system is composed ora color concentrate to bo mixed with a neutral non-colored acrylic with round sand. A color concentrate mix~xl with local sand is not an acceptable alternative, R,rfaco Cluapi,g- Prior to the applications of surfacing matcrials, the e, lite a,'~a.~ that are to bo ro;urfhecd are to procure wa~ed to removo leos~ d~a .~,d debris. YAN'-'ll-8001 13:35 FROM: T0:7199 330 6001 CITRZx 'Zq~N]S O~LIFORK[~ PI~UOT~ F~ I~, 97662~9660 05/O5 apply Plcxipa~ Crack :Filler, according to California :Products slrsecificatior~ 10.lO, to all much or gouged ureas on the existh~g cushion surfaco, and allow t~ fi~lly pure. ~O.J~il:l~g- Once tho courts have bom completely repaired ~d accepted hy t~ ~or, ~pply one c~t of Hi Omb Ple~bond Coating, ac~rdh~g to ~lifo~ia P~duot~ specif)~ion I0. I 1, to ~ tho pr~d areas. The Hi Omb Plcxibond CoadnS shall bc ~]i~ ~t ~ rote Of.02~- .0~ ~alto~s }~er ~qu~'o y~, Tz~turcd~Color Syn.. _,~,m- The ~ni~x textured colored system shall b~ Job M~x Fodificd Piexipavc, according lO. 12. The ~ob ~ix Fo~ifi~ Pl~i~vc System consists office following mix lqoxipavo Color Ba,,c 30 gallons l'lcxichromc 20 g~lio,s Water 20 gallons Thc Job Mix Fortified Hcxipave shall bo applied in n minimum of d~ree (3) applications at s total ram of no tess than .:2 gallons per squa~'e yard Those rat=~ are bas<~'l on undiluted material. IU~IW..[og.l,Jll~-^ ftcr lhe color applicn~lions have been appXc~l ~d folly our~. the playing l[~s arc to ~ applied usi~ Hi Hide Plexi~[o~- Line Paint, according ~o CaUfomia ~rodu~ sp~ifi~ion 10.4. Cl.cm~ U~, The contractor wi1! leave the site in th~ sm'nc condition prior to thc msurf'acing project. All debris, cmp~ drams and ~quipment shall bc removed aud dispo~d ofh~ an mxlcrly J'ashion, at no expense Io the Ownor. Request to be placed on: X Consent Agenda When: AGENDA ITEM NUMBER: AGENDA REQUEST Special Agenda Date: January 16, 2001 Workshop Agenda Description of agenda item:. Purchase of a boat and trailer for used by the Police Department in waterborne ,,operation. The boat is a 246 World Cat, $54,000 00, the trailer will be custom built to fit the boat~ our requirements, cost $4,000.00. ORDINANCE/RESOLUTION REQUIRED: YES Draft of resolution Attached: YES Recommendation: Approve Department Head Signature: NO X NO X Approved Disapproved P.O.# Received: Action: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on ~(~lvil~g ~xpenditure of funds): Funding available: Yes X k.,/ No Funding alternatives: FIND Grant and City/Ratching funds Account Number: TBD by the Finance Director Account Description: Capital account, O,ther, iFIpchinery and Equip,roent Account Balance: City Manager Review: ^pproved ,or agenda: ~ ~ No Hold Until: Agenda Coordinator Review. MEMORANDUM TO: FROM: THROUGH: DATE: David Harden, City Manager Jacklyn Rooney, Purchasing Supervisor Joseph Sa~I~ance Director January 11, 2001 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING JANUARY 16, 2001 - PURCHASE APPROVAL PURCHASE OF 24.6 WORLD CAT BOAT AND TWIN AXLE TRAILER FROM INTL. YACHT SALES Item Before Commission: City Commission is requested to approve the purchase of one (1) 24.6 World Cat (Catamaran) SF Boat and twin axle trailer from Intl. Yacht Sales for a total amount of $58,000, and an additional $4,557.76 for accessories to be added to the boat. Background: The City of Delray Beach Police Department is requesting the purchase of one (1) 24.6 World Cat SF Boat with a twin Yamaha outboard motor, a custom built trailer, and accessories to support the waterborne law enforcement operations. Quotes were received from the two (2) known vendors located in South Florida that are authorized local dealers for sales and service for the World Cat line of boats. The Administrative Services Director recommends award to low bidder, Intl. Yacht Sales for a total amount of $54,000. In addition the Police Department is requesting Intl. Yacht Sales to custom built a trailer for this boat, as it would be more costly for the City of transport the boat to another dealer to have a trailer built. See attached memo from the Police Department dated January 11, 2001, and quotes received for the boat and trailer. The Police Department is also requesting an additional $4,557.76 for electronic equipment, strobe lights, signals and misc. supplies to be attached to the boat. Quotes were also received for these misc. supplies and noted in backup. Recommendation: Staff recommends award to Intl. Yacht Sales for a total of $58,000 for the purchase of the boat and trailer and to various vendors for the purchase of misc. supplies for $4,557.76. Funding from F.I.N.D. (Florida Inland Navigation District) Gran( in the amount of $47,220 per agreement executed 11/04/00 between the City of Delray Beach and Florida Inland Navigation District and the balance of $15,429 as the City's contribution per attached budget transfer. Attachments Delray Beach .Police Department 300 West Atlantic Avenue Delray Beach, Flonda 33444-3695 (561) 243-7888 Fax (561) 243-7816 1993 ® MEMORANDUM TO: Jackie Rooney Purchasing Supervisor FROM: David Junghans Administrative Services Director DATE: January11,2001 SUBJECT: COMMISSION AGENDA Enclosed please find the Commission Agenda Form and necessary supporting documents for the purchase of a boat, trailer and supporting equipment for the Police Department. Funding for this purchase is a combination of a State of Flodda grant and City of Delray Beach matching funds. As of this date the account to support this purchase has not been setup. Per my conversation with Ms. Mary Ann Young yesterday (January 10, 2001) the account will be in place by January 15, 2001. The requisitions are in the system, however, the account has not been established and I have not been able to approve the requisition and forward them to you. It is necessary that I forward this request to you before the account is established so the City does not have to wait until the January 30, 2001 City Commission meeting to forward the purchase order to the vendor. The selected vendor is holding the boat for the City and, as you can see by the enclosed quotes, it is to the City's advantage to move as quickly on the purchase of the boat and trailer. There is only one quote for the cost of the trailer. The trailer will have to be custom built for the World Cat boat. It seemed to make sense to have the company that we are purchasing the boat from build the trailer. The alternative would have been to purchase the boat from one company, then have to pay to have it transported to another location and have a trailer built. Transportation cost for the 25-foot boat would be substantial. You will find the quote from the company we will purchase the boat and trailer, Int'l Yacht Sales, from and a second quote, Performance Marine. Both are the only authorized locate dealers for sales and service for the World Cat line of SUBJECT: COMMISSION AGENDA DATE: January 11, 2001 PAGE: 2. boats. While there are other dealerships further north, we did not request quotes from those dealerships. We did not request quotes because of warranty work and the possibility for future service work on the boat and trailer. The transport of the boat, by our people out of the area would be time consuming and costly. Additionally, you will find quotes for the equipment necessary to support your waterborne law enforcement operations. In each case, three quotes are provided. It was necessary to select three different vendors to purchase all the necessary equipment. Should you or another member of the Finance Department require additional information concerning the purchase of the boat, trailer and support equipment, or have any additional questions, please e-mail or call me at extension 7852. However, please direct all questions concerning financial matters to Ms. Young. DJ/ CC: Captain Licata, Police Department INTL YACHT .?:~LES PHONE NO. : 561 62? 8588 Dec. 14 208884:59PM P2 DEAR CAPT. LICATA: ENCLOSED PLEASE FIND THE PRESEMTATIONS OF THE 246 WORLD CAT AND OF THE TRAILER FOR YOUR APPROVAL. WE ARE DELIGHTED TO BE OF SERVICE TO THE COM- MUNITY AS WELL AS TO THE POLICE DEPT OF DEL RAY BEACH AND LOOK FORWARD TO FULFILLING YOUR NEEDS AS PRESCRIBED. PLEASE FEEL FREE TO CONTACT US FOR ANY ADDI- TIONAL QUESTIONS THAT YOU MAY HAVE. I AM TOURS, ,,,,,...~ROM : INTL YACHT SALES PHONE NO. : $61 627 8588 Dec. 14 20/~) 04:59P~ p~ PRESENTATION FOR: COAr~'l~Olg _ ~q. O00?oo 12~/21/2000 13:26 305-592-9765 PERFORMANCE MARINE PAGE 01 77Ol N.UJ. S,4th STAEET · ~ FLOm~ 33~66 15 BR4N~ .,,, j NEW OR USED MOOEL COLOR 8ERt4L NO. ~rO~K NO. ~ ~1~ OF ~T I -- · / -- .... MOTOR / ~H ~ BE P~D AT ~ME ~ ~ - ' D~l~ ~ ~IN AV TOT~ ~ED~ " ~AT ~TOR TRAILER The front of thia orcl~r compnc...~, ~he Oflt,~ Agr~m offing ~ie ~ a~ nO o~er ~groament or und~ng of ~y ~ture ~ ~ has ~n ~de or ente~d Into 0r ~11 ~ r~n~. I her~ ~ ~at no c~ has ~n e~ I ~~ ~t ~ I faiF or ref~ to ~m~ete ~ ~, NI ~ or ~r~ leh as ~lt wi# ~me I ~ ~t I am ~1 a~ or ~ ~e~~ ~lpt of a ~y ol ~ls ~r. ~ ~/ I THIS ~D~" tS NOT V~IO UNL~NE~ ~D BY DE~EA ..... CflED~ A~ROVEO ~ ~E · FRbM : INTL YACHT SALES PHONE NO. : $61 627 8588 Dec. 19 2000 01:$$~M P2 PRESENTATION FOR TRAILER ONE J~d~;d~ F;~F TWIN AXLE TRAILER WITH LEADING AXLE BRAKES, AS INSPECTED. Delray Beach Police Department Marine Unit Boat Purchase International Yacht Sales 1260 N. Federal Highway Pompano Beach, Florida 33060 246 World Cat Catamaran Twin Yamaha 150 EFI Outboard Motors with rigging $54,000 Magic Tilt twin axle trailer (with leading axle disc brakes) $4,000 West Marine - ELECTRONICS Garmin GPS/Map 185 Model 010-00150-01 GPS map (Lauderdale to Jupiter) for Garmin 185 731.17 $33 for transducer 98.99 Standard Horizon Spectra VHF Radio/Hailer 349.99 Shakespere 8 foot VHF Galaxy Antenna Model 5225XT 92.37 Shakespere HeavyDuty 1" mount VHF radio Model 4187-HD Hailer PA Horn 25.82 25.34 Poly Planar VHF External Speaker 12 watts Model MB41 Total .27.96 $1,384.64 Galls Police Supply Ultralight Strobes- Blue 4 ~ 59.99 Amber 1 ~ 59.99 Federal Signal PA-300 - Federal Signal SW300 (Mounting Bracket) Federal Signal 100-watt speaker Boats US - ACCESSORIES TOTAL $239.96 $59.99 $249.99 $119.99 $10.99 $99.99~/ $780.91 Boats US - ACCESSORIES Onion - Alert - Deluxe Flare Kit $49.99 Danforth Hi-T~n$1[.e 5-H Anchor $72.99 $22.49 5/16 X 6' Chain 150' X 3/8 Brad on Brad Line 3/8' X 20' Dock L~ w/12" eye (6 ~ 9.50 m.) $57.00 20" Ring Buddy - T~ow Ring (2 M~el GW-20 Nite Tracker Spot Light Model XL- 1000CM $34.99 Tuff-End Inflatable Balls (2 ~ 48.99 ea.) 18" x 25" $97.98 Telescoping Boat Maintenance Kit Mod. 65025 $36.99 Boat Hook $9.99 Rescue Throw Bag w/line Mod. ATN 1001 $37.99 Jensen AM/FM Marine CD Receiver Mod. #CD400M $199.99 Fxq.qq Poly Planar- Sub Compact Speakers Mod. #304343 $58.99 Roll Control Dive Tank Storage System 2 - 48"Alum. Tracks w/end caps 8 - 80 cu. ft. tank holders $125.00 Kiddie Fire Extinguisher 5 pound Dry Model 46616401 $48.99 Safety Vests Suspenders (4 ~ 139.99) World Class Pro Series Coast Guard Approved manual/auto $559.96 Model #38ASTD Tasco offshore 54 (7 x 50 binoculars) $299.99 Healer First Aid Kit MOd. #10299 Signature Big Horn Air Horn PVC holder for horn $99.99 $17.99 $7.99 5q,qq Weatherproof Halogen Floodlights (3 ~ 45.99) Mod.//45900 $137.97 Armstrong Four Step Ladder $219.99 Mod. #ML4-48 Ladder Mount Model #TLM-S TOTAL ACCESSORIES $49.99 $2,392.22 TOTALS 242 World Cat Catamaran Magic Tilt Trailer West Marine Electronics Galls Police Supply Boats US Accessories $54,000 $ 4,000 $ 1;~84.63 $ 780.91 $ 2,392.22 TOTAL $62,~57.76 AGENDA REQUEST Request to be placed on: __ Regular Agenda __ Special Agenda __ Workshop Agenda xxxx Consent Agenda Description of item (who, what, where, how much): CASE// ADDRESS CONTRACTOR Agenda Item No.: Date: January 10, 2001 When: January 16, 2001 TOTAL GRANT AMOUNT 00-023 SHR 618 SW 7th Avenue South Florida Construction $19,325.25 (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of one (1) State Housing Initiatives Partnership (SHIP) Housing Rehabilitation Grant and Contract Award from Account 118-1924-554.49-19 in the amount of $19,325.25. The grant amount includes a 5% contingency. (Example: Recommend approval with funding from Special Events Account No. 00 1 Department Head Signature:/'7~~ ~ City Attorney Review/Recomr~datt/on (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~E~/NO Funding Alternatives: t_~ , ~--- ...... (if applicabl~ Account No. & Description: \ Account Balance: ~ ~, ~{a~.coO City Manager Review: ~ ~O Approved for agenda Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David T. Harden, City Manager ~ Kenneth L. Thomas, Community Development Coordinator ~ Lula Butler, Community Improvement Director ~ January 10, 2001 Community Development Division's Housing Rehabilitation Grant Award for One (1) Unit ITEM BEFORE THE COMMISSION This is to request approval for one (1) Housing Rehabilitation grant award to the lowest responsive bidder. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant awards are based on the actual cost of the rehabilitation as determined by the low responsible bidder plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review at the Community Development Division Office. The Community Development Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsible bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsible bidder within 10% of the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. This policy further assists the Division with its goal of completing each rehabilitation activity utilizing the estimated amount of funding required. RECOMMENDATION Staff recommends awarding the bid for one (1) Housing Rehabilitation project to the verii%d responsible low bidder and authorizes an award in the following amount: Case Number Address Contractor Grant Amount 00-023 SHR 618 SW 7th Avenue South Florida Construction $ ! 9,325.25 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2001-13 HR APPLICANT: Ramon Morales, Sr. PROJECT ADDRESS: 618 SW 7th Avenue DATE OF BID LETTERS: December 18, 2000 DATE OF BID OPENING: January 4, 2001 NAME OF CONTRACTORS ABISSET CORPORATION WILLIAM HATCHER CONSTRUCTION T. H. MOTTLEY CONSTRUCTION KONRADY CONSTRUCTION CO., INC. CRAFTSMAN PLUS, INC. DAKOTA CONSTRUCTION, INC. ABBA CONSTRUCTION, INC. HENRY HAYWOOD FRANK BOUMAN CONSTRUCTION MICHAEL SHUBERT CONSTRUCTION, INC. WRIGHT'S WAY ROOFING SOUTH FLORIDA CONSTRUCTION NAUTILUS CONTRACTING CO., INC. IN-HOUSE ESTIMATE CONTRACTOR AWARDED CONTRACT: BID/CONTRACT AMOUNT: $19,325.25 Qf, $920.25) AMOUNT OF BIDS $ $ $ $ $ 18,750.00 $ $ $ $ $ $ $ 18,405.00 $ $ 16,223.00 South Florida Construction ($18,405.00 bid/contract amount + 5% contingency FUNDING SOURCE: SHIP Rehabilitation Program COMMENTS: Account No. 118-1924-554.49-19 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS ~ITY MANAGER AGENDA ITEM 9 ~ AGREEMENT WITH - REGULAR MEETING OF JANUARY 16, 2001 OWL FOUNDATION INC. FOR USE OF THE DATE: MUNICIPAL TENNIS CENTER JANUARY 12, 2001 City Commission is requested to approve an agreement for the use of the Municipal Tennis Center with the Owl Foundation Inc. for an event to be known as the Owl Foundation Tennis Challenge (a Venus and Serena Williams charity event) to be held on April 7, 2001. The event will feature challenge matches between a Top Sanex WTA Tour Player and the Williams s~sters. The event will also include children's and adult clinics, a Pro/Am, a silent auction and other events. The purpose of the event is to serve as a fundraiser for the Owl Foundation Inc. which provides services and assistance to young people experiencing academic difficulties. The proposed agreement is simihr to the agreement between the City and Chris Evert Charities, Inc. This is a one day event with a three (3) year commitment, and will include television coverage. We have received a verbal commitment from County Commissioner Addie Greene to fund the proposed $25,000 cash contributton to the Foundatton. Staff recommend approval of the agreement between the City and the Owl Foundation Inc. for the use of the Municipal Tennis Center on April 7, 2001. Ref Agmemol 1 Tenms Center Contract. Owl Foundatmn 01/11/2001 i6:28 ~§442031S3 EVENTS lNG IIIII ,, II IIIIIII I I I .. II . _ . III I . Event Fact Sheet When & Where The inaugural OVqL Foundation Tennis Challenge will be held on Saturday, April 7, 2001 at the Delray Beach Tennis Center in Delray Beach, FL. The Delray Tennis Center is r~,ognized as a world class municipal t~mis center which seats 7,500 fans and has host~xl numerous international tennis competitions including Davis Cup, WTA and ATP ev~ts, Delrny Beach is ideally located between Boca Raton and West Palm Be~ch and is easily accessible to West Palm Beach, Ft, Lauderdale and private airports. Annual Event Format The foxmat for the OWL Foundation Tennis Challense will be a competitive tennis event c,o~isting of: A Top Sanex WTA Tour player will challenge Venus and Serena in a three set match, with the third set being a super fie-breaker. The challenger has the option to play Venus or Serena in the first set and will face the other sister in the s~ond set. If sets are split, the challenger cnn choose which sister to fitce in the third set. World top 10 players will I~trticipate annually. Following the singles match, Venus and 5erena will compete in a mixed doubles match with their Grand Slam doubles partners Justin Gimelstob and Max lvlimyi. The event will have a festival atmosphere with kids' and adult clinios, a Pro Am, a silent auction, and other fun activities preceding the "l~utin Event" Who Will Bemefit? Young people will benefit from the OWL Foundation Tennis Challenge. Thc OWL Foundation seeks to provide at-risk youth with equal access to remedial educational assistance. ERD & The OWL Foundation ERD stands for Education Reevaluation Diagnostics. This company was started in 1999 by Oracene Williams and her panner, T~rry Mims, who has 25 years experience in developing educational remedies, ERD provides valuable services for all youth who are experiencing academic difficulties and provides remedial assistance appropriate for the individual students' needs. All net proceeds for the OWL Foundatiotl Tenms Challenge will be directed to the OWL Foundation to provide grants for at-risk youth to participate in ERD's remedial assistance program. PA(i~E O2 AGREEMENT THIS AGREEMENT, made and entered into this ~ day of , 2001 by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation (hereinafter referred to as "CITY"), and OWL FOUNDATION INC., (hereinafter referred to as "FOUNDATION' ). WITNESSETH: WHEREAS, the CITY owns and controls certain property upon which is located the City of Delray Beach Municipal Tennis Center; and, WHEREAS, FOUNDATION, is desirous of using the Municipal Tennis Center for the purpose of holding a sporting event to be known as the Owl Foundation Tennis Challenge ("Event") at the Tennis Center; and, WHEREAS, the CITY believes that holding the Event at the Municipal Tennis Center (the "Tennis Center" or the "Site") will grant the citizenry of Delray Beach many tangible and intangible benefits; and, WHEREAS, FOUNDATION understands that Coca-Cola Enterprises, Inc. (Coca- Cola) has exclusive pouring rights at the Tennis Center and FOUNDATION shall not enter into any agreements that would be counter to Coca-Cola's pouring rights in the City unless otherwise agreed to by CITY, Coca-Cola Enterprises, Inc. and FOUNDATION. NOW, THEREFORE, in consideration of the mutual premises, covenants and agreements contained herein, the parties hereby covenant and agree as follows: 1. LICENSE~ TERM. (a) The CITY hereby grants to FOUNDATION for April 7, 2001, the right and privilege to stage, use, manage and operate the municipal tennis stadium and necessary surrounding property for a one day Event. FOUNDATION'S rights shall cover an additional five (5) day period before the commencement of the Event to set up necessary facilities and an additional day after the Event to remove necessary facilities. (b) The term of this agreement shall be for a three (3) year period commencing upon the execution of this agreement and extending until the conclusion of the Event in 2003, however in no event shall this agreement extend beyond May 1, 2003, unless by written amendment by both parties. If FOUNDATION decides in any one year not to hold the Event, the CITY may then terminate this agreement as it pertains to any remaining years on the agreement. FOUNDATION must give the CITY notice 120 days prior to the Event if it determines that it will not hold the Event for a particular year. The Event shall be held in April in 2002 and 2003 with a date certain to be determined by both parties that is mutually acceptable or a date that is mutually acceptable to both parties excluding dates in the months of November through March. In addition, provided that either Chris Evert Charities or Matehpoint, Inc., known as Citrix Tennis Championships, leave the Tennis Center venue or have a date change, FOUNDATION has the option to change dates to a date that is mutually acceptable to both parties. CITY shall grant to FOUNDATION the same exclusivity protection with respect to the scheduling of other tennis events as it currently provides for the Chris Evert Charities and Matchpoint, Inc., known as Citrix Tennis Championships, events, except to the extent of a conflict with the Chris Even Charities or Matchpoint, Inc. contracts. 2. LICENSE AGREEMENT ONLY. This agreement between the CITY and FOUNDATION is a license agreement, not a lease or purchase agreement, and should be construed by a court of competent jurisdiction to be a license agreement only. Furthermore, this License Agreement does not grant nor is FOUNDATION receiving hereunder any rights to any real property of the CITY nor any property interests except as set forth in this agreement. 3. FACILITIES AND SERVICES PROVIDED BY CITY. (a) Unless otherwise herein specified, CITY shall be responsible for, or agrees to provide, at no charge to FOUNDATION the following facilities and production assistance in connection with the conduct of and staging of the Event: (i) (ii) (iii) use of the stadium court (the "Court"); use of a mutually agreed upon number of courtside boxes and skyboxes; preparation and maintenance of the Court throughout the Event; 2 (iv) television tower and platform and all necessary electricity to provide power to the tower and platform throughout the Event; (v) a public address system; (vi) nets, net posts, single sticks, an umpire's chair, linepersons chairs, skirted tables, end and side line buntings, and numbered seating; (vii) parking for boxholders, players, sponsors, ticketholders, press, staff, and volunteers (FOUNDATION to implement, manage and staff parking, including reserved areas); (viii) all electrical power and one on-site electrician (all costs and expenses are CITY'S responsibility) for the duration of the Event (hook-ups not included); (ix) adequate space for and operation of concessions, retail booths, etc. (FOUNDATION shall place and operate the concessions and retain all revenues from its concessions and retail booths); (x) restroom facilities and supplies; (xi) additional courts for pro-am, clinics, etc., as mutually agreed; (xiO the use of areas for celebrities, press, press interview, tournament staff, volunteers, ballkids, 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 mutually agreed; (xiii) on and off-site directional signage; (xiv) all necessary permits; (xv) adequate police, fire support and traffic control; (xvi) teaching professionals to assist with tennis pro-ams held in connection with the Event; (xvii) mutually agreed upon marketing and sponsorship support of the Event; (xviii) access to utilities to include but not be limited to water/sewer, electric/lighting; and (xix) reasonable use of the gymnasium at the Community Center, including floor cover as provided by the Community Center. 3 (b) During the term of this Agreement (as defined in paragraph 1) CITY agrees to make a contribution to FOUNDATION in the following amounts with respect to each Event: (i) Year Contribution Amount Due Due Date 2001-2003 US$25,000 $12,500 60 days prior to the Event date $12,500 within 5 days of conclusion of Event (ii) If FOUNDATION fails to hold the Event in any year, FOUNDATION will refund to the CITY its contributions within 30 days of the previously scheduled date. 4. STAGING AND PRODUCTION OF THE EVENT. The organization, staging, and conduct of each Event will be the responsibility of FOUNDATION, which responsibilities shall include the following: (a) Handling ticket sales; Obtaining an Event Director, all personnel involved in each Event, and the Event participants; (c) Administering the entire Event; (d) Setting up each Event on-site and handling all on-court activities of the Event; (e) Soliciting sponsorship sales and television rights sales for each Event; (f) Handling promotions, advertising, sales, public relations, and program production for each Event; (g) Liaising with the charity beneficiaries selected by FOUNDATION for each Event; (h) CITY shall be responsible for site clean-up of restrooms and for garbage pick- up; (i) FOUNDATION is responsible for covering courts as set forth in Paragraph 7 if VIP tents are to be set up or if needed to cover courts used for contents; (j) CITY shall pay for all dumpsters needed for the Event; and 4 (k) FOUNDATION shall pay for all expenses relating to phone usage by FOUNDATION, including, but not limited to, hook-up, dial tone, and usage charges. ACKNOWLEDGMENT BENEFITS. In acknowledgment of the services provided by the CITY in Paragraph 3 hereof, FOUNDATION agrees that CITY will have the following acknowledgment rights in relation to the Event, subject to the provisions of this Agreement: (a) (c) (d) (e) (f) (g) (h) (i) O) (k) (1) Recognition of Tennis Center as the Host Site of the Event; Inclusion of CITY'S name and/or logo in all print, radio, and television advertising created by FOUNDATION to promote the Event; Inclusion of CITY'S name on the front cover of all promotional materials created and distributed by FOUNDATION; Inclusion of CITY'S name in all press materials; One (1) full-page promotional acknowledgment in the Official Event Program (CITY to provide camera-ready copy in advance of publication deadlines) and listing on the program cover; Audio and graphic mentions during the telecast and best efforts to create overview shots of Delray Beach in the opening of the broadcast; Eight (8) box seats and ten (10) tickets per session; Two (2) center court banners (to be provided by CITY at its sole expense and subject to the prior approval of FOUNDATION); Use of booth space on-site for promotional purposes (with all material subject to the prior approval of FOUNDATION); Special ticket offer for members of the Tennis Center to attend the Event; Participation of CITY in press conferences for the Event; and Participation in center court awards ceremony. 6. EVENT EXPENSES AND REVENUES. (a) FOUNDATION shall be responsible for collecting all revenues generated by, and paying all expenses incurred for, the Event, except for those expenses associated with CITY'S obligations set forth herein, subject to Paragraph 43 hereof. (b) CITY acknowledges that FOUNDATION will not pay CITY for any expense incurred by CITY in conjunction with the Event unless CITY has submitted a written estimate of such expense to FOUNDATION and obtained written approval from FOUNDATION of such expense in advance. 7. INSTALLATION OF FLOORING. The CITY shall provide, at FOUNDATION'S option, up to 10,000 square feet of temporary flooring for the Event. FOUNDATION shall be responsible for paying all costs up to and not to exceed one thousand seven hundred fifty dollars (US$1,750) for installation of the initial 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 FOUNDATION, then FOUNDATION shall pay all costs involved in obtaining such additional flooring and for all costs of installation of the additional flooring. 8. OFFICE SPACE. The CITY shall provide to FOUNDATION office space in the community center and reasonable use of the board room and ticket window section of the ticket office at a date beginning upon the Monday preceding the Event and ending one day after the completion of the Event. The exact space to be used by FOUNDATION and the date the space will be available shall be determined as mutually agreed upon by the parties. In the event the parties cannot mutually agree upon a space, the CITY shall have the sole discretion to determine thc space to be used by FOUNDATION. Upon vacating the office space, FOUNDATION shall leave the space utilized in a condition equal to that which existed on the date FOUNDATION occupied the space, ordinary wear and use thereof only excepted. 9. FORCE MAJEURE. If FOUNDATION or the CITY is prevented from or interfered with in any manner whatsoever in fully performing its agreements (including its ability to conduct the Event(s)) hereunder, for any reason beyond its reasonable control such as any law, regulation, act of God, earthquake, flood, fire, accident, labor controversy, act or threat of terrorism or delay of a common carrier (the foregoing all being examples of an "event of force majeure"), then FOUNDATION'S and the CITY'S obligations hereunder will be suspended as often as any 6 such event of force majeure occurs and during such occurrences, FOUNDATION'S and CITY'S nonperformance will not be deemed a breach of this Agreement 10. AUTHORIZED AGENT. FOUNDATION hereby designates Express Tennis, Inc., 7020 Heather Hill, Bethesda, MD 20817 Attn: Sara Fornaciari, as FOUNDATION'S authorized agent for all purposes hereunder. All notices or submissions to be made or delivered by CITY to FOUNDATION pursuant to this Agreement shall be delivered to said address free of all charges, such as, for example, shipping charges and customs charges. 11. TAXES. FOUNDATION shall be liable for any and all taxes which are or may be imposed as a result of this agreement. Taxes shall be paid to the appropriate authority and including, but not limited to, sales and use tax. 12. PROOF OF INSURANCE. FOUNDATION shall provide the CITY with proof of insurance being in force. The type and quantity of insurance is more particularly set forth in Exhibit "A' to this agreement. Proof of such insurance shall be due by 30 days prior to the first day of the event. The insurance shall name the CITY and Dubin & Associates, Inc. as additional insured. 13. FINANCIAL RESPONSIBILITY. FOUNDATION agrees, subject to the provisions of this Agreement, to accept all financial responsibilities for the Event including, but not limited to, all accounting and reporting as may be required by law. FOUNDATION further agrees to accept sole responsibility for any financial commitments or obligations it incurs as a result of the Event, and which are not provided for in this Agreement. 14. OTHER SERVICES AND SUPPLIES. FOUNDATION further agrees that all services and supplies not specifically identified herein shall be provided by or through FOUNDATION. 7 15. CONCESSION RIGHTS OF FOUNDATION. FOUNDATION may sell food, beverages, confections, refreshments and novelties or may, subject to approval by CITY, contract with another to provide such service except that FOUNDATION will not offer for sale items that are prohibited by the CITY'S agreement with Coca-Cola of Florida (Attached hereto as Exhibit "B"), unless otherwise agreed to in writing by CITY, Coca-Cola Enterprises, Inc. and FOUNDATION. In providing the concession service, FOUNDATION or any person, firm, or corporation with whom it contracts for such purpose (hereinafter referred to as "concessionaire") shall comply with the following provisions provided, however, that FOUNDATION 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) All food, drinks, beverages, confections, refreshments, etc. sold or kept for sale shall be first class and quality, in accordance with the Department of Health requirements, shall conform to all federal, state, county, and municipal laws, ordinances and regulations in all respects. (c) FOUNDATION shall have the option to sell alcoholic beverages at the Tennis Center for the Event. FOUNDATION is entitled to retain one hundred percent (100%) of all revenue generated by the sale of alcoholic beverages. (d) Concessionaire may, at its expense, furnish additional equipment and fixtures to be utilized in the concession. Concessionaire shall submit plans and specifications concerning fixtures and equipment to CITY for approval 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 8 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. All 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 FOUNDATION, such person, fh'm, 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; provide liquor liability insurance with limits of at least One Million ($1,000,000.00) Dollars 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 cancelled or amended without at least ten (10) days written notice to the Risk Manager of CITY and shall name CITY, its officers, agents and employees and Dubin & Associates, Inc. as additional insureds. 16. ACCEPTANCE OF EVENT SITE. (a) Prior to the Event, FOUNDATION may inspect and examine the Site to determine that said Site is in adequate and satisfactory condition for the uses contemplated. FOUNDATION assumes full responsibility and liability for all damages, losses and liability caused by conditions on the Site, which arise once it commences use and occupancy of the Site, and which conditions are caused by or result from the actions of or failure to act by FOUNDATION, its employees, agents or representatives, or by the actions of or failure to act by exhibitors, independent contractors, workers or invitees of FOUNDATION while on the Site. FOUNDATION indemnifies, defends and holds CITY harmless for any such claims unless such damage, loss or liability was caused by conditions on the Site which are inherent in the structures involved, or the direct result of CITY'S (including its employees and agents), negligence. 9 (b) CITY shall not be responsible for any damage or injury to, or personal conduct, safety and welfare of FOUNDATION, its employees, agents or representatives, or exhibitors, independent contractors, workers, and invitees while on the premises and FOUNDATION expressly indemnifies, holds harmless and releases CITY and Dubin & Associates from any and all such claims, damages, losses or liability associated therewith, unless such claim, damage, or liability is the result of CITY'S (including employees and agents) negligence. 17. REPAIR AND REPLACEMENT. FOUNDATION shall pay all costs for repair and replacement and all damages of whatever origin or nature, for which it is responsible, ordinary wear and use thereof only excepted, which may occur during the term of this Agreement in order to restore the Site to a condition equal to the condition at the time FOUNDATION occupies the Site. 18. TICKET SALES. All tickets for admission shall contain language approved by FOUNDATION and CITY establishing that the tickets create a revocable license. Prior to the sale of any admission ticket, FOUNDATION shall provide City Manager or his designee with the established selling price of each type and kind of ticket for his review and approval. 19. ADVERTISING MATTER. (a) FOUNDATION agrees, subject to its rights, if any, under any applicable License Agreements, to identify the City of Delray Beach as the site of the Event in all publications, advertising and any electronic broadcast, and to permit CITY to use FOUNDATION'S trademark or any trademark authorized to be used by FOUNDATION, and CITY agrees to permit FOUNDATION to use the CITY'S name and logo and trademark during the term of this Agreement solely in the connection with the Event. CITY agrees that promotional material created by CITY with regard to the Event is subject to the approval of FOUNDATION. FOUNDATION agrees that any material submitted by CITY will not be unreasonably disapproved, and, if it is disapproved, that CITY will be advised of the specific grounds of the disapproval. 10 (b) All printed material and advertising matter to be used prior to or at the Event which include the name City of Delray Beach or its official seal shall be submitted to the City Manager or his designee for his approval at least two (2) days prior to the proposed use of the same. Approval shall not be unreasonably withheld by the City Manager or his designee. CITY agrees that it shall always use the official name of the Event as designated by FOUNDATION and no other name when making reference to the Event in CITY'S promotional materials. (c) FOUNDATION shall secure television coverage for the Event, and it shall be broadcast within 30 days of the date of the Event. FOUNDATION shall ensure that any such television coverage of the Event shall specifically mention the CITY as the host in the opening of each and every broadcast. FOUNDATION will provide CITY with an overview of the City of Delray Beach. If FOUNDATION fails to specifically abide by the provisions of this paragraph it shall refund the $25,000.00 to the CITY within 30 days of its failure. (d) FOUNDATION may, after approval by the CITY or its designee, temporarily cover advertisements, corporate logos or trademarks that appear throughout the Tennis Center, at its sole expense. All material used to cover such advertisements or logos shall be approved by CITY or its designee prior to use by FOUNDATION. Upon completion of the Event, FOUNDATION shall remove any and all covering and shall return advertisements or logos to their previous condition. If any claim or cause of action is brought against the CITY for any damage or loss alleged to have been caused by FOUNDATION covering of advertisements or logos, then FOUNDATION agrees to defend all actions to which this Paragraph 19 applies, in the name of CITY provided, however, that CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding which selection shall be reasonable under the circumstances. All costs and fees associated therewith shall be the responsibility of FOUNDATION under this agreement. 20. EVENT PERSONNEL AND EQUIPMENT. FOUNDATION shall provide all personnel needed for the Event, including, but not limited to, ticket sellers, ticket takers, ushers, sound technicians and stage hands except as otherwise set forth in Paragraph 3(a) or elsewhere in this Agreement. 1! 21. POLICE AND EMERGENCY PERSONNEL. FOUNDATION agrees to make arrangements with the CITY Police Department to provide for CITY police personnel which the CITY determines, in its sole discretion, is necessary for the Event. Also, FOUNDATION shall contact the CITY Fire Department to make arrangements for Emergency Medical Technician personnel to be present at the Event. 22. CITY'S RIGHT TO CONTROL PREMISES. CITY at all times reserves the right to eject or cause 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 CITY nor of any its officers, agents or employees shall be liable in any manner to FOUNDATION or its officers, agents or employees for any damages FOUNDATION through the exercise of this right by CITY. 23. which may be sustained by ALCOHOLIC BEVERAGE LICENSE. In the event an alcoholic beverage license is required, FOUNDATION or its agents shall apply for and obtain a temporary alcoholic beverage license from the State of Florida Department of Business Regulations, Division of Alcoholic Beverages and Tobacco for the sale of alcoholic beverages at the Site for the Event. FOUNDATION shall display said license in a conspicuous place at the Site of the sale and/or distribution of the alcoholic beverages. FOUNDATION shall be solely responsible for timely reporting and remitting the appropriate retail surcharge on the alcoholic beverages sold for consumption to the Division of Alcoholic Beverages and Tobacco. FOUNDATION shall strictly comply with all rules and regulations established by the Division of Alcoholic Beverages and Tobacco of the State of Florida and any other applicable statutory and regulatory regulations. 24. VACATION OF EVENT SITE. FOUNDATION agrees to vacate the licensed Event Site no later than one (1) day after the completion of the Event; to leave said Event Site in a condition equal to that in existence at the commencement date FOUNDATION occupies the Event Site each year, ordinary wear and 12 use thereof only excepted, and that FOUNDATION shall remove from the Event Site within five (5) days following the closing of the Event, all material and equipment owned by FOUNDATION. 25. NON-DISCRIMIINATION. (a) That FOUNDATION for itself, its personal representatives, successors in interest, assigns, subcontractors, and sublicensees, as a part of the consideration hereof, does hereby covenant and agree that: 1. No person on the ground of race, color, national origin, age, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, national origin, age, or sex shall be excluded from participa- tion in, be denied the benefits of, or otherwise be subject to discrimination. 3. That FOUNDATION shall use the premises in compliance with all other requirements imposed or pursuant to Title 45, Code of Federal Regulations, Article 80, Non-discrimination under programs receiving Federal Assistance through the Department of Health, Education and Welfare - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (b) That in the event of a proven breach of any of the above non-discrimination covenants, the CITY shall have the right to terminate the license and to take possession of said facilities and hold the same as if said license had never been made or issued. This provision shall not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are followed and completed including exercise or expiration of appeal rights. (c) FOUNDATION shall not discriminate against any employee or applicant for employment to be employed in the performance of the contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, physical handicap (except where based on a bona fide 13 occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 26. CHANGE IN LAW. During the term, the CITY reserves the right to restate and/or renegotiate with FOUNDATION such additions, deletions or changes to the license as may be necessitated by changes in county, state or federal laws relating to the operation of the downtown site. In the event that the CITY and FOUNDATION are unable to reach a mutual agreement on any such addition, deletion or change, that portion of the contract concerning the services involved in the addition, deletion or change shall be terminated or eliminated. 27. CANCELLATION BY CITY. The occurrence of any of the following cause this Agreement to be automatically (a) (b) Institution of proceedings in voluntary bankruptcy by FOUNDATION. Institution of proceedings in involuntary bankruptcy against FOUNDATION if such proceedings lead to adjudication of bankruptcy and the FOUNDATION fails within ninety (90) days to have such adjudication reversed. The CITY shall have the right, after fourteen (14) calendar days written notice sent by registered or certified mail to FOUNDATION specifying the amount of payment(s) in default, to terminate this Agreement whenever the non-payment of any sum or sums due hereunder continues for a period of ten (10) calendar days after the due date for such payments; provided, however, that such termination shall not be effective if FOLrNDATION makes the required payment(s) during the fourteen (14) calendar day period following receipt of the written notice. 28. DEFAULT BY FOUNDATION. The CITY may terminate this Agreement for cause upon FOUNDATION'S failure to perform any of the terms and conditions of this Agreement and such failure in performance not remedied by FOUNDATION within thirty (30) days after receiving notice in writing of such default or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after 14 receiving notice in writing stating the nature of the failure of performance and the CITY'S intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth in the notice from the CITY. 29. DEFAULT BY CITY. FOUNDATION may terminate this Agreement for cause upon CITY'S failure to perform any of the terms and conditions of this Agreement if such failure in performance was not remedied by CITY within thirty (30) days after receiving notice in writing of such default, or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice in writing stating the nature of the failure of performance and FOUNDATION'S intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth in the notice from FOUNDATION. 30, NOTICES. Any notices submitted or required by this Agreement shall be sent by registered or certified mail and addressed to the parties as follows: To the CITY: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 To FOUNDATION: Express Tennis, Inc. Re: Owl Foundation Tennis Challenge 7020 Heather Hill Bethesda, Maryland 20817 Attn: Sara Fornacari With a copy to: C&H Events Inc. 7301 West Palmetto Park Rd. Suite 207A Boca Raton, FL 33433 Attn: Michele Cope or to such other addresses as either party may designate in writing. 15 31. INTERPRETATION. This Agreement constitutes the entire Agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may be amended only by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other breach. Invalidation of any portion of this Agreement shall not auto- matically invalidate the entire Agreement. 32. INDEMNIFICATION. (a) To the fullest extent permitted by laws and regulations, FOUNDATION agrees to indemnify, defend, save and hold CITY, its officers, agents, employees and assigns and Dubin & Associates, Inc., harmless from any and all claims, damages, liabilities, losses, causes of action, liens or judgments of any kind or nature whatsoever which may arise out of, in connection with, or because of the use, maintenance, or operation of the licensed facilities, including but not limited, to the exterior facilities and grounds, parking areas, pedestrian walkways, vehicular paths and grassy areas, by FOUNDATION or its officers, agents, employees, or independent contractors, and invitees including but not limited to those resulting from or arising out of (a) by any act done or words spoken by FOUNDATION, its players, agents or employees; (b) any damage done to the premises or any part thereof caused by the act or omission of either FOUNDATION or any player, agent or employee of FOUNDATION: (c) the breach by FOUNDATION of any term of this Agreement; or (d) any breach or alleged breach of any warranty or obligation undertaken by FOUNDATION in this Agreement. FOUNDATION shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection therewith, including but not limited to reasonable attorney's fees and costs to defend all claims or suits, in the name of CITY when applicable. (b) FOUNDATION agrees to defend all actions to which this Paragraph 32 applies, in the name of CITY provided, however, that CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding which selection shall be reasonable 16 under the circumstances. All costs and fees associated therewith shall be the responsibility of FOUNDATION under this indemnification agreement. (c) Such indemnification shall be limited to the amount of commercial general liability insurance which FOUNDATION is required to obtain under this License Agreement. (d) Nothing contained herein is intended nor shall be construed to waive CITY'S rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. The provisions of this Paragraph 32 shall survive the execution, delivery and performance of this Agreement. 33. PERSONAL PROPERTY. CITY assumes no responsibility whatsoever for any property placed on the Site by FOUNDATION, its agents, employees, representatives, independent contractors or invitees. CITY is hereby expressly released and discharged from any and all liabilities for any loss, injury or damage to such property that may be sustained by reason of the use and occupancy of the Site under this Agreement, unless such damage, loss or liability is caused by CITY'S (including employees and agents) negligent, reckless or intentional act(s). If any claim or cause of action is brought against the CITY relating to personal property as contemplated by this paragraph, and where such claim or cause of action is not founded on the negligent, reckless or intentional action of the CITY (including employees and agents), then FOUNDATION shall defend any such action in the name of CITY provided, however, that CITY reserves the right to select its own legal counsel to conduct any defense in any such pro- ceeding which selection shall be reasonable under the circumstances. All costs and fees associated therewith shall be the responsibility of FOUNDATION under this agreement. 34. INDEPENDENT CONTRACTOR STATUS. FOUNDATION and its employees, volunteers and agents shall be and remain independent contractors and not agents or employees of CITY with respect to all of the acts and services performed by and under the terms of this Agreement or for any other reason whatsoever. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. 17 35. WARRANTY. Except as otherwise provided for herein, the CITY and FOUNDATION represent that they have, to the best of their knowledge and belief, all rights and authority necessary to fulfill the obligations hereunder without breaching the terms of any other agreement to which either FOUNDATION or CITY is a party. 36. ASSIGNMENT. This Agreement shall bind and inure to the benefit of FOUNDATION and the successors and assigns of FOUNDATION. The rights granted FOUNDATION hereunder shall be exclusive to it and shall not, without the prior written consent of CITY, be transferred or assigned to any other. 37. RESERVATION OF RIGHTS. All rights not herein specifically granted to FOUNDATION with respect to the Event shall be and remain the property of CITY. 38. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between CITY and FOUNDATION in respect to the subject matter of this Agreement and supersedes all prior agreements. 39. EXECUTION AND DELIVERY REQUIRED. This instrument shall not be considered to be an agreement or contract, nor shall it create any obligation, whatsoever, on the part of FOUNDATION or CITY, or either of them, unless and until it has been signed by representatives of FOUNDATION and CITY and delivery has been made of a fully-signed original. 40. FOUNDATION'S TAX-EXEMPT STATUS. All activities and operations of FOUNDATION will be consistent with an organization which is exempt from federal income tax under Section 501(a) of the Internal Revenue Code, by virtue of being an organization described in Section 501(c)(3) of the Internal Revenue Code. If an obligation of this Agreement conflict's with FOUNDATION, a tax-exempt organization, such obligation is hereby waived by CITY and shall not be binding upon FOUNDATION. In the event any obligation to CITY is waived on account of the foregoing 18 sentence, suitable alternative arrangements, consistent with FOUNDATION'S tax-exempt status, will be made so as to avoid any inequity to CITY. 41. THIRD PARTIES. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. VENUE. Any action brought to enforce the provisions of this Agreement shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. 43. TICKETMASTER. (a) CITY or its designee shall provide the services of its facility and box office through Ticketmaster in connection with the Event. The CITY shall provide the box office only for the day of the Event beginning at 9:00 a.m. and extending through 2 hours of the Event. The CITY will further provide 1 person to operate or provide technical assistance for the Ticketmaster machines at FOUNDATION'S cost. The CITY is not responsible for the operation of the box office or the collection or handling of any money. These services will be provided in a timely, professional and diligent manner and in accordance with FOUNDATION'S reasonable ticket specifications. FOUNDATION must abide by all terms and conditions of the agreement between CITY and Ticketmaster-Florida, Inc. (b) In full payment for the ticket services, FOUNDATION agrees to CITY imposing a two and one half percent (2.5%) charge against ticket proceeds where such proceeds are generated through credit card sales; five cents ($.05) per ticket for ticket stock; a customer convenience charge as outlined in Exhibit "C"; and a handling charge in the amount of $2.50 per order from each consumer. CITY acknowledges that no other amounts will be charged to FOUNDATION (other than payment of state sales tax) for ticketing for the Event. (c) CITY shall pay ninety percent (90%) of all amounts due to FOUNDATION seven days subsequent to the completion of the Event. CITY shall pay the balance of the 19 remaining ten-percent (10%) to FOUNDATION within 60 days after the completion of the Event, less amounts for which refunds have been issued. If FOUNDATION fails to hold the Event as scheduled, FOUNDATION 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. 44. APPROVALS All approvals to be given by a party to this agreement shall not be unreasonably withheld or delayed. IN WITNESS WttEREOF, the parties have caused this agreement and one counterpart, both of which shall constitute originals, to be executed by its proper officers hereto duly authorized on the year and date first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk Approved as to Form: City Attorney WITNESS: By: David Schmidt, Mayor OWL FOUNDATION, INC. By: Name Printed: Title: (print or type name) SEAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ~ 2001 by day of me/or has produced , of OWL FOUNDATION, INC., a corporation, on behalf of the corporation. He/She is personally known to (as identification. Signature of Notary Public 20 EXHIBIT A Initials INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH FOR AGREEMENT WITH OWL FOUNDATION, INC. FOUNDATION 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 have any questions call (561) 243-7150. The following insurance coverage shall be required. Worker's Compensation 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. FOUNDATION 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 commercial general liability insurance to include coverage for premises and operations, independent contractors, broad form contractual liability, personal injury, and if items 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 to 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 limits of liability not less than $2,000,000.00 combined single limit per occurrence, and as an annual aggregate, covering bodily injury, property damage and personal injury. Co Motor Vehicle Liability Insurance covering all vehicles associated with FOUNDATION'S operations to include all owned, non-owned and hired vehicles. The coverage will be written on an occurrence basis with limits 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. FOUNDATION 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 the FOUNDATION. If any of the above coverages expire during the term of this agreement, FOUNDATION will provide a renewal certificate at least ten (10) days prior to expiration. Mail to: City of Delray Beach, Atm. Risk Manager, 100 N.W. I~' Avenue, Delray Beach, Florida 33444. EXHIBIT B A/VfE~ED AND RESTATED AGtLEEN~NT BETWEEN COCA-COLA ENTERPRISES, INC., D/B/A FLORIDA COCA-COLA BOTTLING COM]:'ANY AND TI-IE CITY OF DELRAY BEACH, FLOR/DA TI{IS AMENDED and RESTATED AGREE1VEENT between COCA-COLA ENTERPRISES, INC., d/b/a FLORIDA COCA-COLA BOTTLING COMPANY (Coca- Cola) and the CITY OF DELRAY BEACI-7, FLOR.IDA (City) is made this /..7.?~day of ~< 2000. W ITNES SETH: W'FLEREAS, Coca-Cola and the City entered into an Agreement on May 2, 1997, known as Bid # 9%17 - Soft Drink Vending Service Contact (Coca-Cola Contract); and WIIEREAS, Coca-Cola and the City wish to amend and restate the terms of the Agreement dated May 2, 1997; and NOW, TI:IEREFORE, for the mutual promises, covenants, and agreements contained herein, the parties covenant and agree as follows: 1. That the recitations set forth above are incorporated as if fully set forth herein. 2. The term of this contract shah commence upon execution by both parties and extend until May 2, 2003. 3. Coca-Cola shall have exclusive pouring rights at the Delray Beach Municipal Tennis Center (Tennis Center), except as provided by paragraph 8. 4. Coca-Cola shall have the full service vending placements as provided by Exhibit "A", attached hereto and incorporated herein. Coca-Cola shall provide 24 hour, 7 days a week priority service for all mechanical problems with its equipment. Response time will be within 24 hours of the service call. Response time for emergency fountain service shall be within 2 hours of receiving a service call. Coca-Cola shall provide the brand names as shown on Exhibit "B' as well as The vending machines shall be filled by a full service driver employed by bot-dcd water. Coca-Cola. 6. incurs Coca-Cola shall reimburse the City the following mounts from the sales it from the vending machines listed on Exhibit "A": soft drinks, 12 oz. cans - 15% of net sales juice, 11.5 oz. cam - 125 of net sales botT. led water, 16 oz. bordes - 125 of net sales soft drinks, 20 oz. bones - 15 % of net sales isotonics, 11.5 oz. cans- 12% of net sales following imms: a). Coca-Cola shall provide on an annual basis throughout the 3 year term, the Promotional items to the Parks and Recreation Dept. T-shirts/Youth Uniforms Program Printing Scoreboards Snacks (afterschool program) Value $2,000 $ 500 $6,000 $1,500 b). Coca-Cola shall provide the City, annually, cash sponsorship of $6,000 to be used at the discretion of the City. c). Coca-Cola shall provide, annually, radio advertising in the amount of $5000 to the City. d). Coca-Cola shall provide the City, in reasonable quantities as requested by the City, at no charge, the following iter~ for special events: 2 Special Event Trailers 55-Gallon Plastic Barrels Special Event customized 3' x 10' barmers 64-Quart Ice Chests 10-Galon Then'no Coolers Vendor Hawking Trays Advanced booking of sixty days is requested to insure availability 8. During the term of this Agreement, the City shall be entitled to twelve (12) blackout days, annually, where the City may seek other sponsorships for events at the Tennis Center. The City shall provide 30 days notice to Coca-Cola of its intent to use all or part of the 12 blackout days. If the City fails to notify Coca-Cola as provided for herein, Coca-Cola shall have the right to provide carbonated soft drinks, isotonic beverages, and bottled water for the TemaJs Center event. 9. If Coca-Cola provides exclusive Tournament owned by Match Point, Inc., Championships and referred to hereinafter as provide the following at no cost: a). ITEMS Donated Product (225 cs) Donated Pre-Mix Tanks (30) Barrel Coolers (15) Visi-Coolers (10) Custom Banners (5) Media Tags (138) beverage pouring rights during the ATP (presently known as the Citrix Tennis "Citrix Tournament"). Coca-Cola shall also VALUE $2,625 $ 510 $1,500 $2,000 $1,000 $24,150 b). In addition, Coca-Cola will create a custom in store promotion with a local retail partner, supported by point-of-sale (value of $30,000.00). Coca-Cola shall also provide ten (10) thematic truckbacks promoting the Citrix Tennis Championships scheduled 4 weeks prior to the event (value of $30,000.00). c). Additional equipment that shall be available at no charge to the City for the Citrix Tournament, in reasonable quantities as requested by the City, is as follows: Special Event Trailers 55-Gallon Plastic Barrels 48-Quart Ice Chests Vendor Hawking Trays Portable Pre-Mix Units Menu Boards On site truck to store product d). Pricing for Coca-Cola's product shall be as follows for the CitrLx Tournament: PACKAGE PRICE 20oz CSD 12oz CSD 20 oz PowerAde 20 oz Dasani Water 20 oz Fruitopia 16 oz Minute Maid Juices $16.25 $ 6.75 $15.00 $10.60 $16.25 $16.25 A rebate of $2.75 on 20oz CSD, and $1.50 on 12oz CSD will be paid to the City for all net purchased cases. All products must be purchased dizecfly from the West Palm Beach Coca-Cola. e). Coca-Cola shall also receive two (2) four seat boxes for all sessions of the Citrix Tournament as well as ten (10) additional reserved tickets for all sessions. 10. Should the City fail to use its blackout days and Coca-Cola declines to exercise its rights to sponsor the Citrix Tournament, the City will be permitted to seek outside sponsorship for the Citrix Tournament or other events during a blackout period. Coca-Cola retains its exclusive pouring rights at the Tennis Center subject to Paragraphs 8 and 9. 11. Coca-Cola shall offer the Full Service Bounce Back Program to the City. As part of the program Coca-Cola shall attempt to place up to 25 full service vending machines at 4 various business and retail outlets. These business and retail outlets would then allow thc commissions received from the vending machines to be relinquished to the City. 12. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 13. All notices, requests, demands, and other given if personally delivered or marled, certified mail, return receipt requested, to the following addresses to: As to City: City of Delray Beach, Florida 100 N.W. 1st Avenue Delray Beach, Florida 33~. ~. ~ As to Coca-Cola: Florida Coca-Cola Bottling Co. 65:53 Garden Rd. Riviera Beach, FL 33404 14. Coca-Cola shall not, without prior written consent of the City, assign any portion of its interest under this contract and, specifically, Coca-CoIa shall not assign any moneys due or to become due without the prior written consent of the City. 15. The City and Coca-Cola each binds itself, its panners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents. 16. Coca-Cola, for good and valuable consideration shall indemnify, defend and save harmless the City, its officer's agents, and employees, from or on account of any claims, damages, received or sustained by any person or persons resulting fi.om the work provided for this Project; or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on account of any use of any improper materials or by or on account of any act or omission of Coca-Cola or its subcontractors, agents, servants or employees. Coca-Cola agrees to defend, indem~fy and save harmless the City its officers, agents and employees, against any liability arising from or based upon the violation of any federal, state, county or city laws, by-laws, ordinances or regulations by Coca-Cola, its subcontractors, agents, servants or employees. Coca-Cola further agrees to defend, indemnify and save harmless the City, its officers, agents, or employees from all such claims, fees, and from any and all suits and actions of every name and description that may be brought against the City. or its officers, agents or employees on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the City, its officers, agents, or employees for the infringement of any and all patents or patent rights claimed by any person, fzrm or corporation. The indemnification provided above shall obligate Coca-Cola to defend at its own expense or to provide for such defense, at the City's option, any and all claims or liability and all suits and actions of every name and description that may be brought against the City, its officers, agents, or employees wkich may result from the operations and activities under this contract whether the work be performed by Coca-Cola, its subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. 17. It is recognized by Coca-Cola that the City's Municipal Tennis Center has been financed with proceeds of tax exempt debt and may be re-financed from time to time in the future and that the Internal Revenue Code of 1986, as amended, limits the private use of governmentally owned facilities constructed with tax exempt debt, such as a tennis stadium, in order to maintain the tax exempt status of the debt issued to finance the same. This 6 Agreement shall automatically terminate, without any required notice by the City, if any payment required to be made under the provisions of the Agreement with the City would, together with any other private use payments made or required to be made by any other entity(ies) or person(s) for the use of the tearfis center or related facilities, adversely affect the exclusion from gross income for federal income tax purposes on any interest obligation (herein "negative tax consequences") of the City issued to finance or refinance the tennis center or any part thereof. Such a termination shall not constitute a default on the part of either parry to this Agreement. Upon such termination, it is the intent of the parties hereto to enter into a new agreement which would contain different or modified payment terms and/or mounts acceptable to both of the parties hereto, and which, in the opinion of the City's bond counsel, would not have negative tax consequences. 18. This Agreement shall be considered null and void unless signed by both Coca- Cola and the City. The contract documents constitute the entire agreement between the City and and may only be altered, amended or repealed by a duly executed wrirten 19. Coca-Cola imtnnnent. IN WITNESS WltEREOF, the parties hereto have executed this Agreement, on the day and year f'~rst above writ-ten. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA David Schrrfidt, Mayor 7 Approved as to legal sufficiency and form: By: t:¥~-~. City Attorney WITNESSES: tint 'or Y~p~ Name) ~tor Type'-~'~e~'~''''''~''~Name) COCA-COLA ~~SES, liNC. ('Print or Type Nme) (SEAL) STATE OF ~ ~'~ 0~' l ~ forego~g ~ent .w~s ac~owledged before me_ ~s ~ day of (~e of omeer or agent, d~e of ome~ Or3gent), of ~~~[~ ~~ (~e of ~o~ora~on ac~owledg~Z), a ~~~ (sram or place of ~co~oragon) co~o~on, on be~lf of ~e ~o~orazion. He/She iz perso~lly ~own ~o mr or has produced ~8~ ~blic - ~ of noH~ 8 EXH~ BI T .A Ao Numbe~ of vending machines Co be LOCATION A:lanc£= Dunes Park $ou=h A1A & Lin:on Blvd. C£cy Hill 100 N.~. £1rs: Avenue 13= fl¢or 2nd fl:or 3. Ci=y Garage - Public Works Divi3ion 434 S. Swincon Avenue Environmen=al Services Complex 434 S. Swin=on Avenue (~reakroom) SE 6Ch Avenue and InCer¢oascal G. PolAce Depar~men= 7. Parks Hain=enance 320 S.W. 4=h S=ree= 501 Wes= A=lan=tc Avenue 1sS and 2nd Floor 9e Fire $=&c~on t3 631 Lin:on Blvd. 10. 11. 12. 35 Andr~%*s Avenue 4321 Lak~ Ida Road 4000 Old Ge=mancovn Road 13. Pompey Park 101 N.W. 2nd Street provided NUMBER OF ~ACHIN£$ 1 1 1 CO even:y-one {21) EXH.IBI~_A. con~ ........ ]4. 17. 19. 20. 21. LOCATION Cammtmiry Center 50 N.W. F's-st Avcnuc Tennis Center 201 W. Atlantic Avenue Adult C~tcr ~01 N.E. Fh~"t Su'ect Water Trc:~unent Plant 600 S.W. 2~d Avenue G l~:~=son Fark East Atlantic & AIA Cirff Ma-ina I ~9 Marine Way Anchor Soul Cit~ Be~c=~ ~ A IA Miller Park Lintort & $.W. 4',,h Avenue N'~.flViB ER OF PER TICKET CUSTOMER CONVENIENCE CHA.RGE~ Ticket Face Value Outlets Telephone $0.00 - $12.00 $2.25 $2.75 $12.01 - $20.00 $2.75 $3.25 $20.01 - $30.00 $3.50 $4..00 $30.01 - $~.0.00 $3.75 $4.50 $,~0.01 and above $4.25 $5.25 Ticketmaster shall be entitled to increase the Customer Convenience Charge in respect of Tickets sold through Outlets and by Telephone Sales by $0.25 per annum for Attractions with a Ticket face price ors 12.00 or more. $Hali¥~ SA¥/V~Iv IBO~3 epu~§e/XeuaeMs:n:el!j se3:BV'd · lua,,,aaJ6e SSal~eq ploq pue aoumnsu! ~o aleomj!pao e jo ld!aoeJ uo lua6u!luoo 'suo!ldaoxa papuaLumooaJ ~els ql!?~ lsanbaJ s,aoJaLutuoo jo Jaqtueqo a41 jo leAoJdde spuatuLuooaJ ~elS NOI/~'ON:II~WOO::IB '009'~$ Xlalew!xoJdde a~a~ sTsoo atu!~a^o lem, oe s,Jea~ lse9 '000'~;$ ,~lalew!xoJdde s! TUaAa s!q), JoJ Im, Ol aw!~a^o palew!ls3 uo]oa]!(] lua~ua^oJdLUl/4!unmmoo aql Xq pa^cudde aq XeLU se e]!s ]ue^a aq] jo saum~uoo u!q]!~ paoeld aq o1 sJauueq/~Olle pue 'sluaLuaJ!nbm apoo Jad su6!s ~o le^oJdde lueJ9 'B '~ado, d >ped uo pasodmd sluaAa aql 6u!uJaouoo lndu! seq ~oloaJ!O uo!leaJoeB pue s)Ped aql leql uo!lelnd!ls aql ql!~ s~Jed jo asn aAomddv 'V eql ~oddns aM :6u!~OllO~ aqT JO~ ~,daoxa lsanbaJ 'J!eJ~V XWlaO aq1JO~ ao, awwo9 ~o ~aqweqo a41 woJj isanbaJ paqoe~,e aql pa~a!^aJ seq P, elS 'selep eseql uo plaq lua^e ,~lUO eql aq ol s!~ ~Olle ol pue 'ameuJtUO9 ~o JeqLueq3 eql ,~q peu6!sse eq ol sl!u. ued Jopue^ lie ~Olle o1 'eme al!s eql u!ql!~ sJeuueq ~Olle m, '00g'~ ~$ jo UO!lnqpiuoo it!:) tunLu!xeuJ e ql!~ '0g/0g s3soo euJ!~e^o eq11!Ids Ol 'Jeael paqoe~e eql u! peu!llno se ~Joddns ~els ep!^oJd ol 'pu~ I.udv Xq TUaAe eLI10:~ Jo.ud >laa~ auo ueql eJouJ peoeld eq ol e6eu6!s ~olle o1 (!!)(.I)(~:)(O)/'9't, uo!loes s,BO'l e^!e~ ol 'pelsenbeJ se ,~e~-jo-slq§!J puc tpado.d ,q!O ~o esn Jo~ (H) 9'1~'~ uo!loes s,BO'l Jed l!~uJed esn/,JeJodLuel e lUeJ6 ol ~00~ '~-0~ IPdV pleq aq ol J!eJ~V XeJlaC] eql asJopua ol pelsanbaJ s! UO!SS!LUmO9 'q!9 NOIJ. O~f ~00~ '01~ ~enue? :3m¥0 ~ll~'J:14? A'?dgaa - isanoaa IN:V~-9 94flO:mdS ~008 'g~ Aa¥nNYr 'gNI.L:q:ILN NOISSILNVdO0 M. IO # LN:I.LI ¥ON:mg¥ :±OBCBRS O00Z-B~/t9g bbbSg VOIl:lO-I:J 'HOV3B Av6mg:IO ~a6eue~ tl!O ~,uels!ssv '!>lSU!OJeB 'V ~Jaqo~,~ Ja6eue~ 11!O 'uapJeH '1 P!^eo ~noN~aO~a~ anNa^V ~sr 'NVN 00~ :~OB:I ~66£ :O.L H3V~B H:II:EIB J,l:llJl:tl:i JO mTLI3 [ITqF OF DELR;I¥ BERTH DELRAY BEACH AII-AmedcaCity 1993 FROM: 100 N.W. 1st AVENUE MEMORANDUM David T. Harden, City Manager ~,~obert A. Baminski, Assistant City Manager DELRAY BEACH, FLORIDA 33444 - 561/243-7000 SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING, JANUARY 16, 2001 SPECIAL EVENT REQUEST - DELRAY AFFAIR DATE: January 10, 2001 ACTION City Commission is requested to endorse the Delray Affair to be held April 20-22, 2001 to grant a temporary use permit per LDR's Section 2.4.6 (H) for use of City property and rights-of-way as requested, to waive LDR's Section 4.6.7 (D)(3)(j)(ii) to allow signage to be placed more than one week pdor to the event by April 2nd, to provide staff support as outlined in the attached letter, to split the overtime costs 50/50, with a maximum City contribution of $11,500, to allow banners within the site area, to allow all vendor permits to be assigned by the Chamber of Commerce, and to allow this to be the only event held on these dates. BACKGROUND Staff has reviewed the attached request from the Chamber of Commerce for the Delray Affair. We support the request except for the following: A. Approve use of parks with the stipulation that the Parks and Recreation Director has input conceming the events proposed on park property. B. Grant approval of signs per code requirements, and allow banners to be placed within confines of the event site as may be approved by the Community Improvement Director. Estimated overtime total for this event is approximately $31,000. Last year's actual overtime costs were approximately $34,600. RECOMMENDATION Staff recommends approval of the Chamber of Commerce's request with staff recommended exceptions, contingent on receipt of a certificate of insurance and hold harmless agreement. RAB:tas File:u:sweeney/agenda Doc.:2001 Delray Affair THE EFFORT ALWAYS MATTERS {~ Prlnted o~ Recycled Paper ~TT¢ 99 ;l elray Affair 64-A 5.E. Fifth Avenue Delroy Beach, FL 33483 ~ (561) 278'0424 (56~279-1380 x 22 fa~^561) 278.0555 chamber~Ddelraybe(~ch.corn www.delrayaffair.corn November 20, 2000 Mayor and City Commission City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mayor and Commissioners: The Delray Affair, celebrating its 39th anniversary in 2000, is scheduled for April 20, 21, & 22, 2001 and we would like to request your support once again. We are very proud of the excellent reputation the event has earned over the last 38 years and we attribute a part of the success to the great relationship we have with the City of Delray Beach. The event has a significant economic impact of more than $30 million as measured in our 1998 Economic Impact Study.* We also are thrilled to share the news of our most recent accomplishments, one of 200 Best Art Events in the United States by Sunshine Artist magazine and a bronze pinnacle award presented by the International Festival and Events Association. It is our hope that these designations, along with others received in the past, will assist us in our effort to continue to bring more tour groups and visitors to Delray Beach during the Affair. Please consider approval of the following Delray Affair items: 1. Endorsement by the City Commission as a City supported event; Use of City parking facilities for entertainment and exhbitor parking at Worthing Park, Veterans Park, the City lot behind Hand's, Cason Cottage, NE 1st Street, and lot adjacent to Vittorio's Restaurant on Federal Highway northbound just south of Atlantic Avenue; Use of all area within Worthing Park, Veteran's Park, and the exterior grounds of Old School Square (please note that a separate request letter has been sent directly to Old School Square); Blocking off parking from Swinton Avenue to the Intracoastal Waterway and closing Atlantic Avenue to traffic from Swinton Avenue to Palm Square. Blocking access to Atlantic Avenue from each side street in this area from alley to alley. Suspension of parking time restrictions; Continued De/ray Affair- Page 2 Provide City staff support with representation from Police, Fire, Streets, Engineering, Fleet and Facility Maintenance, Community Improvement, Parks & Recreation, and City Managers Office for planning and operation services; Allow this to be the only Commission approved event during the DelrayAffairtime frame. Allow all permits to be assigned by the Chamber of Commerce only, with the exception of the Special Event Parking Lot Concessions; Permission to erect signs promoting the event from Apdl 2nd through April 23rd. Permission to erect overhead banners within the confines of the Delray Affair site; o We respectfully request a 50/50 split on City staff overtime services with the $11,500 cap that was instituted in 1998. We sincerely appreciate all of the efforts of the City employees and look forward to a groat Delray Affair in 2001. We hope each of you will be a part of the festivities. Yours truly, President CC: Dave Harden, City Manager Bob Barcinski, Asst. City Manager Chief Richard Overman, Police Dept. Lt. Geoff Williams, Police Dept./Special Events Chief Robert Rehr, Fire Dept. John Tomaszewski, Asst. Fire Chief Joe Weldon, Director of Parks & Recreation Tim Simmons, Supt. Parks Maintenance Hoyt Owens, Director of Public Works Allen Powery, Supt. Streets/Traffic Harold Belinger, Traffic Maintenance Supervisor Jim Schmitz, Supt. Building Maintenance Gary Buzen, Building Maintenance Lulu Butler, Director of Community Improvement *Regional Research Associates, 1998 [ITY OF DELAAY BER[H DELRAY BEACH AII-AmedcaCity 1993 FROM: SUBJECT: 100N.W. lstAVENUE DELRAYBEACH, FLORIDA 33444 MEMORANDUM oa~'ed T. Harden, City Manager rt A. Baminski, Assistant City Manager AGENDA ITEM # CITY COMMISSION MEETING, JANUARY 16, 2001 SPECIAL EVENT REQUEST. DELRAY AFFAIR 5K RUN 561/243-7000 DATE: January 10, 2001 ACTION City Commission is requested to endorse the 3rd Annual Delray Affair 5K Run to be held on Saturday, Apdl 21, 2001 from 7:30 a.m. - 10:00 a.m., to grant a temporary use permit per LDR's Section 2.4.6 (H) for use of Anchor Park and use and closure of A-1-A from 5:00 a.m. to 10:00 a.m., to use the Lifeguard Headquarters at Anchor Park for storage, to waive LDR's Section 4.6.7 (D)(3)(j)(ii) to allow signage to be placed by April 2®, to provide staff support as outlined in the attached letter, and to split the overtime costs 50/50 with the City. BACKGROUND Attached is a letter request from the Chamber of Commerce for this event as a separate event to be held dudng the Delray Affair. The Chamber is asking that overtime costs for this event be split 50~50 and not be included in the Delray Affair overtime cap. Estimated overtime costs for this event is $1,700. This event was not held last year due to a lack of a sponsor; however, in 1999 City Commission set a cap of $1,000 on the overtime. The actual costs in 1999 for this event were $1,540. RECOMMENDATION Staff recommends approval of the temporary use permit for this event, approval of the signage waiver, allowing signs to be put up April 2nd, approval of staff support, and splitting the overtime costs 50/50 with a cap of $1,000, contingent on receipt of the certificate of insurance and hold harmless agreement. RAB:tas File:u:sweeney/agenda Doc.:5Krun delray affair 2001 I~ Pr/n ted on Recyc/ed Paper THE EFFORT ALWAYS MATTERS 3'T¢ 99 elray Affair 64-A $.E. Fifth Avenue belray Be~ch, FL 33483 ~ (561) 278.0424 (561~.279-1380 x 22 fax (561) 278.0555 ch~mbcr '~ delraybec~ch.¢om www.delrayaffair.com November 20, 2000 Mayor and City Commission City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 t fOSlvSo ivo v 2 9 Dear Mayor and Commissioners: In addition to your review of the 2001 Delray Affair, celebrating its 39th anniversary on Apdl 20, 21, & 22, 2001, please consider the following request for the 3rd Annual Delray Affair 5K Run & Health Walk. This was a new program for us three years ago and was temporarily suspended due to a loss of a sponsor last year. We are excited about the return this year and look forward to continuing success. The 5K Run/Health Walk is scheduled to take place the Saturday of the Delray Affair weekend, April 21, 2001. This event would be held on the already certified Turkey Trot course along A1A. All subsidiary City services would be the same or similar to those required for the City's Turkey Trot. We are very proud of the excellent reputation that the Delray Affair has earned over the last 38 years and feel that this activity definitely adds a fresh sense of excitement and popularity to the already established event. It is our hope that this 5K Run/Health Walk will assist us in our effort to continue to bring more tour groups and visitors to Delray Beach during the Affair. The actual starting time of the race is 7:30 a.m. and is expected to last 90 minutes. Please consider approval of the following Delray Affair items: 1. Endorsement by the City Commission as a City supported event; Use of City parking facilities at Anchor Park for the race registration site, participant parking, and race start/finish line (from approx. 5:30 a.m. to approx. 10:00 a.m.); Use of the Lifeguard Headquarters at Anchor Park for storage a couple of days in advance of the race, registration site day of race, and public restrooms; continue CITY DF DELRrlY BER[H DELRAY BEACH AII-AmericaCity tO: 1993 FROM: SUBJECT: 100 N.W. lstAVENUE DELRAYBEACH, FLORIDA 33444-561/243-7000 MEMORANDUM David T. Harden, City Manager J~Robert A. Barcinski, Assistant City Manager AGENDA ITEM # CITY COMMISSION MEETING, JANUARY 16, 2001 AMENBMENTISTANBARB PARKING LICENSE AGREEMENT DATE: January 10, 2001 ACTION City Commission is requested to approve an amendment to the standard "Parking License" Agreement, which would impose fines for certain violations of the agreement. BACKGROUND The current Parking License Agreement for valet parking contains a termination clause whereby the agreement could be terminated by the City Manager for any violation. In practice; however, when we have been made aware of violations by the Police Department letters have been sent requiring correction of the violations within a certain time period versus immediate termination. From time to time a valet company working for the licensee will violate certain sections of the agreement, pdmadly those related to parking and use of the queues. The Board, as well as, the Police representatives did not want to make a recommendation that we automatically terminate for any violation, but did want a progressive fine system put in place to encourage compliance. The amendment would impose fines for (1) valet parking in public parking spaces both on street and in lots, (2) valet parking in the designated queue area, and (3) for expanding the approved queue area. The fines proposed start with a warning and progress to termination on the fourth (4t~) violation within the one (1) year term of the agreement. If approved new agreements will be executed with the existing licensee's. The Parking Management Advisory Board voted (10-0) for approval of the amendment. A copy of the proposed amended agreement is attached. RECOMMENDATION Staff recommends approval of the proposed amendment to the Parking License Agreement. RAB:tas File:u:sweeneylagenda Doc,:Parking License Agreement Pn~ted o~ Re~)~led Paper THE EFFORT ALWAYS MATTERS PARKING LICENSE AGREEMENT THIS AGREEMENT ("The Agreement") is made this __ day of ,2001, by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "CITY"), and corporation ("LICENSEE"). WITNESSETH: ., a Florida WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non-exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. Parking Queues. The CITY agrees to allow LICENSEE the non-exclusive use of~ (number) parking spaces located for valet parking queues. The parking spaces are to be used for valet parking queues daily between the hours of__ p.m. to __ a.m. on (days per week). LICENSEE acknowledges that the valet parking queues may be unavailable for use during certain special events from time to time (as determined in the CITY's sole discretion) and during the special events, the license will not be valid. It is also understood by the terms of this Agreement that the valet queue location may from time to time be re-located by the CITY in its sole discretion after providing thirty (30) days' written notice to LICENSEE. The valet queues assigned may also be shared by other licensees who enter into a "Valet Parking License Agreement" with the CITY. The City Police Department is assigned enforcement responsibilities for the provisions of this agreement regarding the location, time, days of the valet service, parking limitations and requirements, and compliance with all applicable laws and ordinances. 3. Parking Locations/Agreements. LICENSEE agrees that it will not park any cars in CITY owned on-street or off-street parking spaces. LICENSEE further agrees that LICENSEE will provide the CITY with written assurances and/or a lease agreement for use of a private parking lot(s). The private lot(s) must also comply with minimum City codes for a parking lot(s). These assurances and agreements must be provided upon execution of this License Agreement. Failure to comply with these conditions will be a basis for termination of this License Agreement. 4. Payment for Parking Queue Spaces. LICENSEE agrees to pay the CITY fifty dollars ($50.00) per month, per parking queue space utilized by the 10th of each month. A late fee of 5 % will be charged after this date. If more than one License Agreement is issued for the queues, the fee will be shared proportionately. 5. Signal~e. The CITY agrees to post the valet parking queue spaces with valet parking times and days authorized. Sandwich board signs may not be used to advertise the Advertising signs will be allowed as prescribed by the City's Manager or his valet service. designee. 6. Valet Equipment. The LICENSEEtS operator may for the storage of keys install a moveable, temporary, valet desk on the sidewalk, either public or private, during the hours of valet service so long as the desk does not impede the pedestrian flow. 7. Term and Renewal. The term of this Agreement shall be for one year from the date written above. The License may be renewed by the City Manager following receipt of a written notice from LICENSEE that LICENSEE desires to continue using the parking spaces for valet parking queue, if the City Manager determines in his sole discretion that the renewal is in the best interests of the CITY. 8. Revocable License. This Agreement is only a non-exclusive License Agreement and may be revoked by the CITY at anytime with or without cause upon providing written notice via U.S. Mail to LICENSEE. The revocation shall be effective when mailed. 9. Compliance with Laws. LICENSEE agrees to comply and adhere to all state laws and local ordinances regarding parking that exist or as amended from time to time. LICENSEE further acknowledges that due to the high traffic in this area, double parking unattended vehicles will not be permitted. 10. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: David Harden, City Manager 100 N.W. 1st Avenue Delray Beach, Florida 33444 To LICENSEE: 11. Insurance. LICENSEE agrees to provide the CITY insurance for the valet service in the amounts and under the conditions prescribed in Exhibit A and the City of Delray Beach shall be named an additional insured. 12. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease for any personal injury, loss of life and/or damage to property sustained in or about the parking spaces/queues by reason or as a result of the use and occupancy of the parking spaces/queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 13. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 14. Penalties for Violations/Termination. Penalties will be imposed upon the LICENSEE for: and/or (1) Valet parking of cars in either on-street or off-street public parking spaces; (2) Valet parking of cars in the designated parking queues; and/or (3) Expanding the designated parking queues area. The penalty schedule for the above violations is as follows: 1st violation - 2nd violation - 3rd violation - 4th violation - warning $200 $500 Termination of License Agreement Notices of violation will be written by a Police Department representative and will be sent to the LICENSEE with a copy to the City Manager. Failure to make payment within thirty (30) days of receipt of the notice will result in termination of the agreement. LICENSEE acknowledges that the CITY may terminate this non-exclusive License Agreement without cause or for cause. LICENSEE will at all times comply with the City's policy/procedure for use of public parking spaces/queues which shall change from time to time subject to the sole discretion of the City. 15. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes, property taxes, and sales taxes that may be imposed. 4 16. Assignment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, which the CITY may withhold grants in its sole discretion. 17. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this Agreement. 18. Binding El'feet. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 19. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 20. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect, except by a further agreement in writing duly executed by each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this ~ day of ,2000. ATTEST: City Clerk THE CITY OF DELRAY BEACH, a Florida Municipal Corporation By: David W. Schmidt Mayor Approved as to form: City Attorney a Florida Corporation By: (CORPORATE SEAL) Name Printed: Title: STATE OF COUNTY OF The foregoing instrument was , 2001, by (name of officer or agent, title of officer or agent), of acknowledged before me this day of ,, as (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 valet parking.agt 6 [IT¥ DF DELRR¥ BERgH DELRAY BEACH Ali-AmericaCity 1993 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 MEMORANDUM FROM: SUBJECT: David T. Harden, City Manager Robert A. Baminski, Assistant City Manager AGENDA ITEM # CITY COMMISSION MEETING, JANUARY 16, 2001 CONSIDER EXTENDING SANDOWAY PARKING LOT CLOSING TIME 561/243-7000 DATE: January 12, 2001 ACTION City Commission is requested to consider extending the time the Sandoway parking lot is closed from 8:00 p.m. until 9:00 p.m. dudng the season. BACKGROUND This request was presented to City Commission by Ms. Jay Slavin at the December 12th City Commission meeting. At the Commission meeting held on August 1, 2000 City Commission agreed to extend the closing time of the City owned portion of the Marriott parking lot until 10:00 p.m. and the Sandoway parking lot until 8:00 p.m. The Parking Management Advisory Board had recommended both lots stay open until 10:00 p.m. Staff was requested to conduct random surveys of parking along A-1-A. Surveys started at the end of September and will continue through the end of season. The survey was segregated into various segments along A-1-A to reflect vacant spaces and also includes the number of cars parked in various parking lots at the time taken. Surveys have been taken at random times and on random dates by Police Department representatives, as well as, Park Rangers. Trends reflected in the surveys are as follows: Few, if any, spaces available on A-I-A south of Atlantic to Ingraham Fewer spaces available on A-1-A at night after 8:00 p.m. and when it was not cold out · Fewer spaces available in general after about the middle of November · Daytime counts reflect higher number of vacant spaces on A-1-A when all lots are open Copies of survey sheets are attached. RECOMMENDATION Staff recommends approval of extending the closing time for the Sandoway lot through season (Apdl 30th) to 9:00 p.m. RAB:tas File:u:sweeneylagenda Doc.:Extending Sandoway Parking Lot Closing Time Printed on Recycled Paper THE EFFORT ALWAYS MATTERS ~2/12/00 12:34 FAX 561 243 7816 DELRAY BEACH POLICE DEPT ~007/007 0'1/12/01 12:14 FAX 561 243 7818 DELRAY BEACH POLICE DEPT [~002 0~/12/01 12:14 FAX 561 243 7816 DELRAY BEACH POLICE DEPT ~003 bl/12/01 12:13 FAX 561 243 7816 DELRAY BEACH POLICE DEPT ~001 ! [IT¥ (IF DELRn¥ BERgH CITY ATTORNEY'S OFFICE DELRAY BEACH 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line (561) 243-7090 1993 DATE: TO: FROM: SUBJECT: MEMORANDUM January 10, 2001 City Commission David T. Harden, City Manager J;,~sTfilJdavm~;i~: ;SS;lii:~; ~ie~c~tt°rne The above-referenced case is a quiet title action filed against the City regarding a property located along West Atlantic Avenue. The Plaintiff acquired the property through a tax deed sale which resulted from non-payment of property taxes upon the property. The City has 14 nuisance abatement liens upon the subject property with a current amount due to the City in the amount of $1,759.98. The liens were incurred in the years 1987-1990 and were primarily for trash pick up and mowing of the property. The City's liens survive the issuance of a tax deed pursuant to Section 197.552, Florida Statutes. The Plaintiff has offered to pay the City $425 in satisfaction of its liens. This amount is $39 less than the City's actual costs in abating the nuisances and does not include any administrative fee to the City or interest upon the liens. The City Attorney's office would recommend denial of the offer. By copy of this memorandum to the City Manager, our office would request that this item be placed on the agenda for the January 16, 2001 City Commission meeting. If you have any questions, please do not hesitate to contact me. cc: Alison MacGregor Harty, City Clerk Palm Beach County Property Appraiser Property Search System Page 1 of 2 Palm Beach County Property Appraiser Public Access System GARY R. NIKOLITS, CFA Owner Information Owner Name IKLASFELD JON & ILENE II Situs Address II Parcel Control Number [Iw ATLANTIC AVE 1112-43-46-17-42-009-0080 Confirmation Information 1 Subdivision:I S/D OF 17-46-43 IN Mailing 1701 Address: NW 13TH ST # B-1 I [BOCA RATON FL 33486 2363 Book:Il02611Page: 1082 Sale.. Date: tvlar- 1998 F5 7-46-43 Legal: 130 FT OF N 145 FT OF LT 9/LESS R/W SR 806/ I 2000 Certified Appraisal Improvement Value:I Land Value:I Market Value:I Use Code:l~I ,oI Number of Units:l[ $27,52oI Total Sq. Ft:[I $27,52ot Acres:I Description:lIVACANT COMM · o01 II Petition No:Il000000 2000 Certified Tax 2000 Assessed & Taxable values Ad Valorem:l Non ad valorem:Il $662.331 Assessed Value: [ $27,520.00] ~. $10.2611 Exemption amount:[[ $01 Total:Il $672.5911 Taxable:Il $27,520.001 2000 Exemption Exemption Holder:Il II Percentage:[ http://www2.co.palm-beach.fl.us/papa/detail_info.asp?p_entity= 12434617420090080 01/10/2001 CITY COMMISSION CITY OF DELRAY BEACH~ FLORIDA REGULAR MEETING - JANUARY 16~ 2001 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 9. REGULAR AGENDA I. REQUEST FOR FUNDING/EPOCH'S SPADY MUSEUM PROJECT: Consider a request from EPOCH (Expanding & Preserving Our Cultural Heritage, Inc.) for funding in the amount of $57,000 as an interest-free loan to be paid back within a two year period, to pay the balance of EPOCH" commitment to the Spady Museum project. 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. EPOCH Expanding & Preserving Our Cultural Heritage~ In~ A NON-FOR-PROFIT ORGANIZATION DEDICATED TO PRESERVING AND COMMUNICATING THE CULTURALLY DIVERSE HISTORY OF SOUTH FLORIDA EPOCH P.O. Box 3077 Defray Beach, FL 33447 Phone: 561-279-8883 Fax: 561-272-4376 E-mall: epochlnc@bellsouth.net President Vera R. Farrington Vice President C, Spencer Pompey Vice President Clarence M.Vaughn Treasurer Brahm Dubln Secretary Rosalind Murray Board Members Bob Christie Eugene Hernng Kenneth Howard Mark. S. Reingold, Esq. Nancy Stein Museum Advisory Board Paula Allen St. Andrews School W. Rod Faulds, Director FAU University Galleries Dottle Patterson, Arch~wst Delray Beach Historical Society Larry Rosensweig, Director The Morikaml Museum and Japanese Garden 'Until the lions have their historians, the tales of the hunt will continue to glorify the hunter.' ... an A#lcan Proverb January 16, 2000 David $chmidt Mayor-City of Delray City Hall 100 NV~ Ist Avenue Delray Beach, Florida ;33444 Mayor David Schmidt: As you are aware, EPOCH's Spady Museum Project cost was projected at $400,000 dollars. Epoch's commitment to the project is $70,000 dollars. To date, EPOCH has honored $~[3,000 dollars of its commitment. In order to complete the museum project, EPOCH must immediately pay the balance of its commitment, which is $57,000 dollars. EPOCH currently does not have the funds available. We are therefore requesting the City of Delray to provide a no interest loan to EPOCH in the amount of $57,000 dollars, to be paid back within a two year period, effective as of the approved date of the loan. EPOCH plans to pay this loan back through fund raising events, an aggressive membership campaign, corporate and private donations. Our projected payment schedule is as follows: 1) First Installment of $1~,000 due December 31, 2001; 2) Second Installment of $15,000 due May 30, 2002; 3) Final payment of $27,000, due December 31, 2002. Should you have additional questions, please contact Elaine M. Woods at {~61) 279-8883. Sincerely, Elaine M. Woods, Executive Director Sj/emw DELRAY BEACH Facsimile Transmission Form DATE: TIME: TO: "~O~tf[d ~x~ PHONE: NUMBER OF PAGES: c>Q. (including this page) MESSAGE: If all pages are not received, please notify sender at the number below. SPADY MUSEUM FUNDING The current budget for the Spady Museum is $400,000. Funds raised are as follows: Source Amount State Grant $150,000 County Grant $100,000 received funds will be disbursed on a reimbumable basis after the first $230,000 in grant funds have been expended City of Delray Beach 1999 - $20,000 received 2000 - $20,000 received CRA 1999- $20,000 received 2000- $20,000 received EPOCH $70,000 received $13,000 to date Total Project Funds Funds Received Funds To Be Received Funds Received & Unexpended $400,000 $230,000 $170,000 $ 23,535.34 For Fiscal Year 2001 the City of Deiray Beach and the CRA* have each committed an additional $25,000 cm~tribution to EPOCH, * The CRA's latest contribution was not specir~,ally targeted for the completion of construction. CITY COMMISSION DOCUMENTATION TO: FROM: SUBJECT: DAVJO T. HARDEN_CITY MANAGER MEETING OF JANUARY 16, 2001 CONSIDERATION OF A SlX MONTH MORATORIUM ON 24-HOUR BUSINESSES IN THE DOWNTOWN DEVELOPMENT AUTHORITY AREA, WITHIN THE GC (GENERAL COMMERCIAL) AND CBD (CENTRAL BUSINESS DISTRICT) ZONING DISTRICTS. BACKGROUND The proposed 6-month moratorium will prohibit the establishment of new businesses having operating hours between 12:00 midnight and 5:00 AM in the Downtown Development Authority area. The moratorium will also prohibit existing business, which currently do not operate during these hours, from extending their hours of operation between 12:00 midnight and 5:00 am. The moratorium will not effect any existing businesses that currently operate between these hours. Further, Section 4 of the ordinance provides an exemption for hotels, motels, office uses, restaurants and cocktail lounges. The Downtown Development Authority's area is primarily along Atlantic Avenue, between 1-95 and the Atlantic Ocean, and includes the GC (General Commercial) zoning district and the CBD (Central Business District) [see attached map]. The moratorium has been requested by the WARC (West Atlantic Redevelopment Coalition) to allow time to study the impacts of 24-hour businesses on adjacent residential uses, and the redevelopment effort. The West Atlantic Redevelopment Coalition considered the moratorium at their December 13, 2000 and January 10, 2001 meeting and recommended approval. The CRA (Community Redevelopment Agency) considered the moratorium at their December 14, 2000 and January 11, 2001 meeting and also recommended approval. The DMA Board (Downtown Merchants Association) considered the moratorium at their meeting of January 10th 2001 meeting and recommended approval. The DDA considered a 6-month moratorium on convenience stores at their December 20, 2000 meeting and recommended approval. Since that time the moratorium has expanded to 24-hour businesses and is scheduled to be reconsidered by the DDA on January 17, 2000. The Downtown Business Merchants Association (DMAD) is also scheduled to consider the moratorium at their January 17, 2001 meeting. The recommendations of both of these groups will be reported to Commission at or before second reading. PLANNING ANDZONING BOARD CONSlDERATION The Planning and Zoning Board held a public hearing regarding a 6-month moratorium on 24-hour convenience stores at its meeting of December 18, 2000. During the meeting the Board expanded its discussion to 24-hour businesses as identified by correspondence from the CRA and WARC. After discussing the amendment, the Board supported both a moratorium on 24-hour businesses and/or 24-hour convenience stores. The Board voted 4-1 (Bird dissenting, Morris and Stark absent) to recommend approval of the 6-month moratorium for 24-hour convenience stores. The Planning and Zoning Board will reconsider the moratorium for 24-hour businesses at their January 22, 2001 meeting. Their formal recommendation will be reported to Commission at or before second reading. RECOMMENDED ACTION By motion, approve on first reading the ordinance establishing a 6-month moratorium on 24-hour businesses in the Downtown Development Authority area, within the GC (General Commercial) and CBD (Central Business District Zoning District. Attachments: [3 P&Z Staff Report of December 18, 2000 [3 Ordinance by Others PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: DECEMBER 18, 2000 AGENDA ITEM: IV.D. - CONSIDERATION OF A SIX MONTH MORATORIUM ON CONVENIENCE STORES IN THE DOWNTOWN DEVELOPMENT AUTHORITY AREA WITHIN THE GC (GENERAL COMMERCIAL) ZONING DISTRICT AND THE CBD (CENTRAL BUSINESS DISTRICT). ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a 6-month moratorium on convenience stores in the Downtown Development Authority (DDA) Area, within the GC (General Commercial) and CBD zoning districts. BACKGROUND The Downtown Development Authority's area is primarily along Atlantic Avenue, between 1-95 and the Atlantic Ocean, and corresponds with the West Atlantic Avenue Overlay District, including the GC (General Commercial) zoning district and the CBD (Central Business District) zoning district. The moratorium has been suggested to study convenience stores and their impact on the redevelopment efforts, especially in the Downtown Development Authority area. The moratorium has been informally endorsed by the Downtown Development Authority. The CRA unanimously recommended approval of the moratorium at their November 30th meeting. The West Atlantic Redevelopment Coalition unanimously recommended approval of the moratorium at their December 13TM meeting. RECOMMENDED ACTION By motion, recommend approval of the 6-month moratorium on convenience stores in the Do,,v,qtown Development Area, within the GC (General Commercial) and CBD zoning districts. DOWNTOWN DEVELOPMENT AUTHORITY City Of Delray Beach, Florida Janua~ 2,2001 Mr David T Harden, C~ty Manager C~ty of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 RE MORATORIUM ON NEW 24-HOUR RETAIL CONVENIENCE STORES WEST ATLANTIC AVENUE REDEVELOPMENT AREA Dear Mr Harden' The Downtown Development Authority at their meebng of December 20, 2000 d~scussed the problems that have been experienced w~th the 24-hour convemence stores on West Atlantic Avenue We d~scussed the cnm~nal acbvity that occurs at or near these stores ~n the late hours and the ~mpact these acbwt~es have on nearby residents After discussion, a motion was made that a letter be sent to the City Manager stabng that the DDA Board is ~n oppos~bon to any new 24-hour retad convemence stores and that the C~ty Commission adopt such a moratonum as soon as possible. Motion was seconded and passed unammously Thank you for your considerabon of this request Sincerely, FRANK WHEAT, Chairman Downtown Development Authority /sk CC Robert A Barclnsk~ City Commission DDA Board Members 64-A S.E. Fifth Avenue, Delray Beach, Florida 33483 · (561) 278-0424 · Fax (561) 278-0555 A Florida Main Street Community lgq~ D E L P,,AY BEACH December 4, 2000 David T. Harden City Manager 100 NW 1st Avenue Delray Beach, Florida 33444 RE: Moratorium on New 24-hour Retail Convenience Stores--West Atlantic Avenue Redevelopment Area Dear David, On Thursday, November 30, 2000, the CRA held a joint workshop with the West Atlanbc Redevelopment Coalition and the Downtown Development Authority, primarily for the purpose of d~scussing problems that have been experienced with the 24-hour convenience stores on West Atlantic Avenue. ThE boards heard from police captain Will McCollom regarding cdminal activity that is occurring at or near these stores in the late hours, and discussed the impact thai these activities have had on nearby residents. Board members expressed concern over the potential that at least one more market on the avenue may change to a 24-hour format in the near future. The boards discussed the idea of the City enacting a 6-month moratorium on the estabhshment of any new 24-hour retait convenience stores, in order to altow sufficient time for the problem to be analyzed and addressed. Due to the fact that this discussion took place at a workshop, no formal action could be taken. However. it was clear that the overwhelming consensus of the members present was to urge the City Commission to adopt such a moratorium as soon as possible. The members realize that a moratorium is a serious measure that Ds not to be taken hghtly, however, they felt that the continuing negative impact of these estabhshments warrant this action. The boards intend to follow up on their discussion with formal action at their next meetings. Thank you for your consideration of this request. Please advise me if there is anything that we can do to assist in this matter. Sincerely, _ Diane Dominguez, AICP Executive Director David Schmldt, Mayor John Weaver, Chairman, CRA Lamar Shuler, Chairman, WARC Frank Wheat, Chairman, DDA Susan Ruby, City Attorney 24 North Swmton Avenue · Deiray Beach, Florida 33444 561-276-8640. Fax 56~-276-~55g RESOLUTION 2000- A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH RECOMMENDING TO THE CITY COMMISSION OF THE CiTY OF DELRAY BEACH THE ADOPTION OF A TEMPORARY MORATORIUM PROHIBITING THE ESTABLISHMENT C)F 24-HOUR BUSINESSES ON WEST ATLANTIC AVENUE; TO AFFORD AN OPPORTUNITY TO STUDY POTENTIAL FOR LONG-TERM SOLUTION. WITNESSETH: WHEREAS, the City of Delray Beach Police Department together with citizens within the West Atlantic Avenue redevelopment area have presented to the Community Redevelopment Agency of the City af Delray Beach (the "CRA") a request to suppod a community request to the City Comm~sslon of tho City of Da]ray Beach to adopt a temporary moratorium prohiNting the estabhshment of addibonal 24-hour businesses on West Atlanbc Avenue in order to allow an adequate opportunity to study the alternatives for a permanent solution to the d~sruption to the surrounding neighborhoods caused by such bumnes~es NOW, THEREFORE, BE iT RESOLVED THAT. The CRA, m furtherance of its efforts to redevelop the West Atlantic Avenue area, ahmmate slum and bhght, and preserve and supplement the tax base within its area, hereby requests the C~ty of Delray Beach Ctty Commission to adopt a temporary moratorium prohibiting the opemng of add~[ional 24-hour businesses on West Atlanbc Avenue m order to afford an opportunity for the City of Delray Beach and all related parties to sludy and pursue alternatives for a long-term solubon to the problems and negative influences such businesses are presenting within such area RESOLVED this 14? day of Dacember, 2000, by a vote of ~ to_._._Z~. DELRAY REDEV~i/ By' i n ]~a~"er, Cha,rma~ Dec 15 DD Dl~p p.~ DE LRAY BEACH December 15. 2000 Mr David Harden City Manager 100 NW 1 = Avenue Delray Beach, FL 33444 RE: Moratorium on New 24-hour Retail Stores - West Atlantic Avenue Redevelopment Area Dear Mx Harden, The West Atlantic Redevelopment Coalition, Inc at its most recent meeting, Wednesday, December 13, 2000, voted to support a six month moratorium on 24 hour businesses The local business people are committed to the re~evelopment ot tins area and recoDaize the time and planning effort needed to make long term improvements Many community members have expressed their dismay over the criminal activities that take place in the vicinity of some of these establishments. The joint meeting of the CKA/WARC/DDA allowed a review of the impediments to redevelopment on Atlantic Ave Board members have expressed concern over the potential that at least one more market max, change to a 24 hour format in the near future The WA.KC Board feels that a six month moratorium may allow enough time to sufficiently review and analyze the problem, thereby developing a long term solution Board members understand the seriousness of the moratorium and hope this will aid in the redevelopment of the West Atlantic Avenue Corridor Sin/l~rely, _ West Atlantic Coordinator CC David Schmidt. Mayor Larnar Shuler, Chairman, WAKC John Wmver, Chain,nan, CRA Frank P, nneat. Chairman. DDA Susan Rub)', City Attorney 24 Nmxh Sv, mton .kxcnuc , Dclray Beach, ~onda 33-t24 561-276-~;640 · }:ax 561-276-855~ ORDINANCE NO. 3-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTIONS 4.4.9(B), (C), (D), AND (G), AND BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTIONS 4.4.13(B), (C) AND (D) WITHIN THE DOWNTOWN DEVELOMENT AUTHORITY AREA AS MORE PARTICUARLY DESCRIBED HEREIN, BY PLACING A MORATORIUM ON BUSINESS USES OPENED FOR BUSINESS AT ANY TIME BETWEEN THE HOURS OF 12:00 A.M. (MIDNIGHT) AND 5:00 A.M. AND AS FURTHER DEFINED HEREIN, FOR A PERIOD OF SIX MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE IN THE GENERAL COMMERCIAL (GC) DISTRICT AND THE CENTRAL BUSINESS (CBD) DISTRICT WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY AREA; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, business uses as defined herein and operating in the hours between 12:00 a.m. (midnight) and 5:00 a.m. located near residential uses and other business uses have particular impacts as it relates to noise, parking, littering and public safety; and WHEREAS, there are existing business uses as defined herein in the Downtown Development Authority Area that operate between the hours of 12:00 a.m. (midnight) and 5:00 a.m.; and WHEREAS, redevelopment is a priority goal in the Downtown Development Authority Area; and WHEREAS, to further redevelopment, the City believes that the location of business uses as herein defined needs study and review; and WHEREAS, the City needs a period of time to address the issue of whether business uses as defined herein that operate between the hours of 12:00 a.m. (midnight) and 5:00 a.m. in the Downtown Development Authority Area is in the best interest of the City and furthers the public health, safety and welfare of its citizens; and WHEREAS, the City, by enacting this moratorium on business uses as defined in this ordinance does not adopt security standards which are preempted to the state by Florida Statutes Section 812.1725; and WHEREAS, this zoning ordinance is adopted pursuant to the City's Home Rule Powers as set forth in Florida Statutes Chapter 166; and WHEREAS, this ordinance is enacted in compliance with Florida Statutes Section 166.041(c); and WHEREAS, nothing contained herein is intended to interfere with the operation of previously established business uses prior to the effective date of this ordinance except if the present business use extends the hours of operation as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC) District", Subsections 4.4.9(B), (C), (D) and (G) are hereby amended in the areas located in the Downtown Development Authority Area, to prohibit the establishment of business uses as defined in Section 4 for the moratorium period described in Section 5. Section 2. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) District", Subsections 4.4.13(B), (C) and (D) are hereby amended in the areas located in the Downtown Development Authority Area, to prohibit the establishment of business uses as defined in Section 4 for the moratorium period described in Section 5. Section 3. "A" hereto. That the Downtown Development Authority Area is described in Attachment Section 4. That for the purposes of this moratorium ordinance, the term "Business Use(s)" as used herein is defined as: Any newly established place of business that is not a hotel or motel or office use or is not solely or primarily a restaurant or cocktail lounge that is open for business at any time between the hours of 12:00 a.m. (midnight) and 5:00 a.m. The term "business use" also includes any existing business use(s) that is not a hotel or motel or office use or is not solely or primarily a restaurant or cocktail lounge that was not previously open for business at any time between the hours of 12:00 a.m. (midnight) and 5:00 a.m. that extends its hours by opening for business at any time between the hours of 12:00 a.m. (midnight) and 5:00 a.m. 2 ORD. NO. 3-01 Section 5. The moratorium provided for herein shall be for a period of six (6) months! from the date of adoption in this ordinance. ~l Section 6. That should any section or provision of this ordinance, or any portion thereof,' or 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 all ordinances or pads of ordinances in conflict herewith be, and the same are hereby, repealed. Section 6. That this ordinance shall become effective upon adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2000. ATTEST: MAYOR ' City Clerk First Reading Second Reading. 3 ORD. NO. 3-01 ATTACHMENT "A" ry' < >- 0 < I-- Z LLI 0 © --- EXPANDED D. D. A. .... 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O Beginning at a point on the intersection of the H~gh Water Mark of the Atlantic Ocean and the easterly projection of the north line of the south half of Lot 13, Plat of the Fractional East Half Section 16, Township 46 South, Range 43 East (according to the plat thereof as recorded in Plat Book 1, page 25 of the Public Records of Palm Beach County, Florida); thence in a westerly direction along said easterly projection, and the north line of the south half of said Lot 13. and the westerly projection thereof, to the centerline of the right of way for Andrews Avenue; thence southerly along said centerline to the easterly projecbon of the south property line of the Beach Cabanas Condominium Condo; thence westerly along said easterly projection, and said south property line to the west property line of the Beach Cabanas Condominium; thence northerly along the west prope..rty. line of said Beach Cabanas Condominium to the south property line of the Grove Condominium; thence westerly along said south property line to the east plat limit of Seabreeze Park Subdivision (according to the plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of Palm Beach County, Florida); thence north along sa~d east plat limit to the northeast corner of Lot 21, of said Plat of Seabreeze Park, thence westerly along the - 1 - 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O north line of said Lot 21 and the westerly projecbon thereof to the west plat limit of Seabreeze Park; thence southerly along said west plat limit to the southeast corner of Lot 29, Lowry Park Estates (according to the plat thereof as recorded in Plat Book 24, Palm Beach County, Florida); thence Page 156 of the Public Records of in a northwesterly direction to the southwest corner of said Lot 29; thence continuing along the extension of said line to the intersection with the west right of way line of East Road (as shown on the said plat of Lowry Park Estates); thence southwesterly along said west right of way line to the northeast corner of Barr Terrace Condominium Condo; thence southerly along the east property line of the Barr Terrace Condominium Condo and the southerly extension thereof to a point of intersection with the south right of way line of East Atlantic Avenue (also known as State Road 806); thence westerly along said south right of way line of East Atlantic Avenue to the intersection of the centerline of the Intracoastal Waterway right of way; thence northerly along said centerline of the Intracoastal Waterway to the intersection with the easterly projection of the centerline of N.E. 1st Street right of way; thence westerly along said easterly projection, and ef the centerline of N.E. 1st ! !th Street right of way to a point of intersection with the southerly projection of the west line of Lot 20, Block 115, Town of Linton (according to the plat thereof as recorded in 2 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida); thence northerly along said southerly projection of the west line of said Lot 20 to the southwest corner of said Lot 20; thence northerly along the west lot lines of Lots 20, 19, 18, 17, 16, 15, 14, 13, 12, and 11 of said Block 115 to the northwest corner of Lot 11, of said Block 115; thence northerly along the northern projection of the west line of said Lot 11 to the southwest corner of Lot 20, Block 114, sa~d plat of the Town of Linton r~.-~-...~;.... +.-. the~.-')"~ ..................... +~,...,.,.~ .~ ..,.~,~,4..,4 ~n :~ Book ! D~,-,.- 3 ~'~ ,.¢ C~.-~,.-, ~.-~,-~, r",., ,,.,,, ~,..;.~..~. thence northerly along the west line of Lots 20, 19, 18, 17, 16, 15, 14, 13, 12 and Lot 11 of said Block 114, to the northwest corner of Lot 11, of said Block 114; thence northerly along the northern projection of the west line of said Lot 11 to the southwest corner of Lot 14, Block 113, Highland Park (according to the plat thereof as recorded in Plat Book 2, Page 79 of the Public Records of Palm Beach, Florida); thence northerly along the west line of Lots 14, 13, 12, 11, 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1 of said Block 113 to the northwest corner of Lot 1, of said Block 113; thence northerly along the northern projection of the west line of said Lot 1 to the intersection with the centerline of the right of way of N.E. 4th Street; thence westerly along said centerline of N.E. 4th Street to the centerline of the right of way of N E. 1st Avenue; thence -3- 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 8O southerly along said centerline of N.E. 1st Avenue to the intersection with the centerline of the right of way of N.E 3rd Street; thence easterly along said centerline of N.E. 3rd Street to the intersection of the northern projection of the east property line of Lot 1, Block 74, plat of the Subdivision of Block 74 (accordinq to the plat thereof as recorded in Plat Book 11. Paqe 12 of the Public Records of Palm Beach, Florida); thence southerly along said .proiection. to the northeast corner of Lot 1 of said plat of the Subdivision of Block 74; 7 thence southerly along the east line of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, and the southerly projection of the east line of Lot 12 of said plat of the Subdivision of Block 74 to the northeast corner of Lot 1, Block 75, said plat of the Town of Linton; thence southerly along the east line of Lots 1, 2, 3, 4, 5, and 6, said Block 75, to the northeast corner of Lot 7 of said Block 75; thence westerly along the north line of Lot 7, Block 75 and the westerly projection of said north line of Lot 7, Block 75, to the centerline of the N E. 1st Avenue right of way; thence southerly along said centerline of N.E. 1st Avenue right of way to its intersection with the centerline of N.E. 1st Street; thence westerly along said centerline of N.E. 1st Street to the intersection with the centerline of the Swinton Avenue r~ght of way and N.W. 1st Street; thence in a westerly direction alonq the centerline of N.W. 1st Street to a point of -4- 81 intersection with the centerline of N.W. 3rd Avenue; thence in a 82 83 84 85 86 87 88 89 9O 91 92 93 southerly direction along the centerline of N.W. 3rd Avenue to a point of intersection with the easterly extension of the north lot line of Lot 6, Revised Plat of Block 36, Plat Book 5, Page 38, as recorded in the public records of Palm Beach County, Florida: thence in an westerly direction along said extension, and the north line of said Lot 6, and the westerly extension thereof., to a point of intersection with the centerline of the north/south alley of said Revised Plat of Block 36: thence in a northerly direction alonq said centerline to a point of intersection with the easterly extension of the south line of Lot 21, of said Revised Plat of Block 36: thence in a westerly direction along said extension line, and t.he south, line of said Lot 21, and the westerly extension thereof, to a point of intersection with the centerline of 94 95 N.W. 4th Avenue; thence in a northerly direction along said centerline to a point of intersection with the centerline of N.W. 1st Street; 96 97 98 99 lOO thence in a westerly direction alonq the centerline of N.W. 1st Street to a point of intersection with the southerly extension of the centerline of the north-south alley of Block 27, said plat of the Town of Linton (north half of block has since been replatted to the Plat of Resubdivision of Block 27, Plat Book 21. page 43, as recorded in the - 5 - 101 102 103 104 105 106 107 108 109 Public records of Palm Beach County, .Florida); thence in a northerly direction alonq said extension line, and said centerline of the north- south alley, and the northerly extension of said centerline to point of intersection with the centerline of N.W. 2nd Street; thence in a westerly direction alonq the centerline of N.W. 2nd Street to a point of intersection with the northerly extension of the west line of LPt 1, Plat of Melvin S. Burd Subdivision. Plat Book 11, Page 73. as recorded in the public records of Palm Beach County, Florida; thence in a southerly direction alonq said extension, and west lot lines of Lots 1, 110 111 2, 3, 4, 5, 6, 7, and 8, said Plat of Melvin S. Burd Subdivision, to a point at the south west corner of said lot 8: thence in a westerly 112 113 114 direction along the westerly extension of the south line of said Lot 8, and the south line of Lot 16. said Plat of Melvin S. Burd Subdivision, to a point of intersection of a line 135 feet east of and parallel with, 115 116 117 118 119 120 the west line of Block 19, said plat of the Town of Linton; thence in a southerly direction along said parallel line to a point of intersection with a line 135 feet north of and parallel with, the south line of said Block 19; thence in a westerly direction alonq said line to a point of intersection with a line 165 feet west of and parallel with, the east line of said Block 19; thence in a southerly direction alonClsaid line, and -6 - 121 122 123 124 125 126 127 southerly extension thereof, to a point of intersection with the centerline of N.W. 1st Street: thence in a easterly direction alonq said centerline to the point of intersection with the northerly extension of a line 135 feet east of and parallel with, the west line of Block 20, said plat of the Town of Linton: thence in a southerly direction alonq said extension and parallel line to a point of intersection with a line 300 feet south of and parallel with. the north line of said Block 20; thence 128 129 130 131 132 133 134 in westerly direction alonq said parallel line to a point of intersection with the west line of said Block 20; thence in a westerly direction to a point at the southeast corner of Lot 17, Block 12, of the Plat of the Monroe Subdivision, Plat Book 14, PaRe 67. as recorded in the public records of Palm Beach County, Florida; thence in westerly direction alon.q the south line of said Lot 17, and westerly extension thereof, to a point of intersection with the centerline of the north-south alley of 135 said Block 12, Monroe Subdivision; 136 alonq said centerline to a point of 137 extension of the north line of Lot 138 139 140 thence in a northerly direction with the easterly intersection 26, of said Block 12, Monroe Subdivision; thence in a westerly direction along said extension, and north line of said Lot 26., and westerly extension thereof, to a point of intersection with the centerline of N.W. 7th Avenue; thence in a -7- 141 142 143 144 145 146 147 southerly direction alonq said centerline to a point of intersection with the easterly extension of the south line of Lot 17, Block 4. said Plat of Monroe Subdivision; thence in a westerly direction alonq said extension, and the south line of said Lot 1'7, and the westerly extension thereof, and the south line of Lot 26 and 25, Block 4. said Plat of Monroe Subdivision. and the westerly extension of said Lot 25 to a point of intersection with the centerline of N.W. 8th Avenue; 148 149 150 151 152 153 154 thence in a northerly direction along said centerline to a point of intersection with the easterly extension of the south line of the Plat of West Side Heiqhts, Plat Book 13, Pa.qe 61. as recorded in the public records of Palm Beach County: Florida: thence in an westerly direction alonq said extension, and the south line of said Plat of West Side Heiqhts, and the westerly extension thereof, to a point of intersection with the centerline of N.W. 10th Avenue; thence in a 155 156 157 158 159 southerly direction alonq said centerline to a point of intersection with the easterly extension of the north line of Lot 11, Block 2, Plat of Atlantic Pines, Plat Book 13, Pa.qe 77. as recorded in the public records of Palm Beach County: Florida; thence in a westerly direction along said extension, and the north line of said Lot 11, and the 160 westerly extension of the north line of said Lot 11, and the north line - 8 - 161 162 163 164 165 166 167 168 169 170 171 172 of Lot 30, of said Block 2, and the westerly extension of the north line of Lot 30 to a point of intersection with the centerline of N.W. 11th Avenue; thence in an westerly direction to a point at the northeast corner of Lot 14, Block 1, said Plat of Atlantic Pines; thence in a westerly direction along the north line of said Lot 14, and the westerly extension thereof to a point of intersection with the centerline of the north-south alley in Block 1, said Plat of Atlantic Pines; thence in a southerly direction alonR said centerline to a point of intersection with the easterly extension of the north line of Lot 34, of said Block 1; thence in a westerly direction along said extension, and the north line of said Lot 34, and the westerly extension thereof, to a point of intersection with the centerline of N.W. 12th Avenue; thence in a 173 174 175 176 177 178 179 180 southerly direction alonq said centerline to a point of intersection with the easterly extension of the south line of Lot 21, Block 1, Plat of Atlantic Park Gardens, Plat Book 14, Pa.qe 56, as recorded in the public records of Palm Beach County, Florida; thence in a westerly direction alonq said extension, and south line of said Lot 21. and westerly extension thereof, and the south line of Lot 12, Block 1. said Plat of Atlantic Park Gardens, and the westerly extension thereof, to a point of intersection with centerline of N.W. 13th Avenue; thence in a -9- 181 westerly direction to a point at the southeast corner of Lot 12, Block 182 183 184 185 186 1, Plat of Odmanns Subdivision, Plat Book 4, Page 53, as recorded in the public records of Palm Beach County, Florida; thence in a westerly direction alonq the south line of said Lot 12, and the westerly extension thereof, and the south line of Lot 21: Block 1, said Plat of Odmanns Subdivision. to a point at the southwest corner of 187 188 189 190 191 192 said Lot 21; thence in a southerly direction to a point at the northwest corner of Lot 21, Block 4, said Plat of Odmanns Subdivision; thence in a easterly direction alonq the north line of said Lot 21, and the easterly extension thereof, and the north line of Lot 12, said Block 4, and the easterly extension thereof, to a point of intersection with the centerline of S.W. 13th Avenue; thence in a 193 194 195 196 197 198 199 200 easterly direction to a point at the northwest corner of Lot 12, Block 2,. said Plat of Atlantic Park Gardens; thence in a easterly direction along the north line of said Lot 12. and the easterly extension thereof, and the north line of Lot 21, of said Block 2, and the easterly extension thereof, to a point of intersection with the centerline of S.W. 12th Avenue; thence in a southerly direction alon_q said centerline to a point of intersection with the westerly extension of the south line of Lot 13. Block 5, Plat of Atlantic Gardens, Plat Book 14, Pa.qe 63, as -10- 201 2O2 recorded in the public records of Palm Beach County, Florida.; thence in a easterly direction alonq said extension, and the south line of said 203 204 205 206 Lot 13, and easterly extension thereof, and the south line of Lot 22, and the easterly extension thereof, to a point of intersection with centerline of S.W. 11th Avenue; thence in a southerly direction alonq said centerline to a point of intersection with the westerly extension 207 208 2O9 210 211 of the south line of Lot 15, Block 8, said Plat of Atlantic Gardens; thence in a easterly direction alonq said extension, and the south line of said Lot 15, and the easterly extension thereof, and the south line of Lot 24, of said Block 8, and the easterly extension thereof, to a point of intersection with the centerline of S.W. 10th Avenue; thence 212 213 214 215 216 217 218 219 in a easterly direction to a point at the southwest corner of Lot 10, Block 1, Plat of Belair Heights, Plat Book 20, Pa.qe 45, as r.ecorded in the public records of Palm Beach County, Florida; thence in a easterly direction along the south line of said Lot 10, and the easterly extension thereof, and ..the south line of Lot 19, of said Block 1, and the easterly extension thereof, to. a point of intersection with the centerline of S.W. 9th Avenue; thence in a southerly direction alonq said centerline to a point of intersection with the westerly extension 220 of the south line of Lot 6, Block 2, said Plat of Belair Heights; thence -11 - 221 222 in a easterly direction alonq said extension, and the south line of said Lot 6, to a point at the southeast corner of said Lot 6' thence in a 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 northerly direction alonq the east line of said Lot 6, and Lot 5. to a point of intersection with a line 250 feet north of. and parallel with, the south line of Lot 9, Plat of the Subdivision of 17-46-43, Plat Book 1, Page 4, as .recorded in the public records of Palm Beach County, Florida; thence in a easterly direction alonq said line to a point of intersection with the centerline of S.W. 8th Avenue; thence in a southerly dir. ection along said centerline to a point of intersection with the westerly extension of the south line of Lot 16. Block 5, Plat of the Subdivision of Block 5, Plat Book 21, Page 43, as recorded in the public records of Palm Beach County, Florida: thence in a easterly direction alonq said extension, and the south line of Lot 16 and Lot 25, of said Block 5, and the easterly extension of the south line of said Lot 25,. to a point of intersection with the centerline of S.W. 7th Avenue; thence in a easterly direction to the point of intersection of a line 385 feet south of, and parallel with, the north line Block 13. said Plat of the Town of Linton, and the west line of said Block 13; thence 239 240 in a easterly direction along sai,d parallel line to a point of intersection with a line 135 west of, and parallel with, the east line of said Block -12- 241 242 243 244 245 13; thence in a northerly direction along the directly aforementioned parallel line to a point of intersection with a line 250 feet north of, and parallel with, the south line of said Block 13: thence in a easterly direction alonq the directly aforementioned parallel line to a point of intersection with the centerline of S.W. 6th Avenue; thence in a 246 247 248 249 northerly direction alonq said centerline to a point of intersection with a line 290 north of. and parallel with, the south line of Block 21, said Plat of the Town of Linton; thence in a easterly direction alonq said parallel line to a point of intersection with a line 135 feet east of, and 250 251 252 parallel with, the west line of said Block 21: thence in a southerly direction alonq directly aforementioned parallel line to a point of intersection with the centerline of S.W, 1st Street; thence in a 253 254 255 256 257 258 259 easterly direction along said centerline to a point of intersection with the southerly extension of the west line of Lot 27, Block 29, Plat of the, Resubdivision of Blocks 29 .& 37, Plat Book 9, Page 66, as recorded in the public records of Palm Beach County, Florida; thence in a northerly direction alonq said extension, and the west line of Lots 27, 26, 25, 24, 23, 22, 21, 20, 19, 18: 17, 16, 15. 14 (all in said Block 29), to a point at the northwest corner of said Lot 14; thence in a easterly 260 direction alonq the north line of said Lot 14, and easterly extension -13- 261 thereof, to a point of intersection with the centerline of S.W. 4th 262 263 Avenue; thence in a southerly direction alonq said centerline to a point of intersection with the centerline of S.W. 1st Street: thence in a 264 265 easterly direction alonq the centerline of S.W. 1st Street to a point of intersection with the centerline of S.W. 3rd Avenue; thence in a 266 267 268 269 270 271 272 273 southerly direction along the centerline of S.W. 3rd Avenue to a point of intersection with the westerly extension of the south line of the Plat of Palm Beach County South County Judicial Center, Plat Book 60, Page 124, as recorded in the public records of the Palm Beach County, Florida; thence in a easterly direction alonq said extension, and the south line of said Plat of Palm Beach County South County Judicial Center, and easterly extension thereof, to intersection with the centerline of S.W. 2nd Avenue; a point of thence in a 274 275 276 277 278 279 northerly direction along said centerline to a point of intersection with the centerline of S.W. 1st Street; thence in a easterly direction alonq the centerline of S.W. 1st Street to a point of intersection with the centerline of S.W. 1st Avenue; thence in a northerly direction alonq the centerline of S.W. 1st Avenue to a point of intersection westerly extension of the of the south line of Lot 1. Block 61, said Plat of the 28O Town of Linton; thence in a easterly direction alonq said extension, -14- 281 282 283 284 285 286 287 288 289 29O 291 292 293 294 295 296 297 298 299 300 and the south line of Lots 1, 2, 3, 4, said Block 61, and the easterly extension of said Lot 4, to a point of intersection with the centerline of Swinton Avenue: thence southerly along said centerline of Swinton Avenue to its intersection with the westerly projection of the north line of Lot 7, plat of the Subdivision of Block 69, Plat Book 2, Pa.qe 43, as recorded in the public records of Palm Beach County, Florida; thence easterly along said westerly projection to the northwest corner of said Lot 7 Bleek-68; ~ thence east along the north line of said Lot 7, ~,,...~.~.,....,. ~a...., to the northeast corner of said Lot 7, B!ock 69; thence easterly along the westerly projection of the north line of Lot 24, said .plat of the Subdivision of Block 69, to the northwest corner of said Lot 24, Block 69; thence easterly along the north line of said Lot 24, Block 69, to the northeast corner of said Lot 24; thence easterly along the eastern projection of the north line of said Lot 24, Block 69, to the intersection with the centerline of the right of way of S.E.N.E, 1st Avenue; thence southerly alo,qg said centerline of S.E.N.E 1st Avenue to the intersection with the centerline of the right of way of S.E. 2nd Street; thence easterly along said centerline of S.E. 2nd Street to the intersection of the northerly projection of the west line of Lot 2, Roebucks Resubdivision of Block 103 (according to the plat thereof as recorded in Plat Book 2, page 19 of the Public Records of Palm Beach County, -15- 301 302 303 304 305 306 307 3O8 309 310 311 312 313 314 315 316 317 318 319 320 Florida); thence southerly along said ~ northerly projection of the eak~ west line of said Lot 2 to the northwest corner of said Lot 2; thence southerly along the west line of Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, and 12 of said Roebucks Resubdivision of Block 103 to the southwest corner of said Lot 12; thence southerly along the south projection of the west line of said Lot 12 to the intersection with the centerline of the right of way of S.E. 3rd Street; thence easterly along said centerline of S.E. 3rd Street to the southerly projection of the west line of Lot 13, Gracey-Byrd Subdivision of Block 1 19 (according to the plat thereof as recorded in Plat Book 10, Page 52 of the Public Records of Palm Beach County, Florida); thence northerly along said southerly projection of said Lot 13 to the southwest corner of said Lot 13; thence northerly along the west lot line of Lots 13, 14, 15, 16, 17, 18, t9, 20, 21, 22, 23, and 24, of said plat of Gracey-Byrd Subdivision to the northwest corner of Lot 24. of said Gracey-Byrd Subdivision; thence northerly along the northern projection of the west line of said Lot 24 to the southwest corner of Lot 12, subdivision of Block 118 (according to the plat thereof as recorded in Plat Book 2, Page 8 of the Public Records of Palm Beach County, Florida); thence northerly along the west lines of Lots 12, 11, 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1, of said subdivision of Block 118 to the northwest corner of Lot 1 of said subdivision of Block 1 18; thence northerly -16- 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 along the northern projection of the west line of said Lot 1 to the southwest corner of Lot 24, Block 117, said plat of the Town of Linton · P at 1 Page 3 cf Pa)m,, ~.....~,~""~', r,,.,,~,+,,......, ,.,, ,~1"'~'~',.., ,..-,, thence northerly along the west line of Lots 24, 23, 22, 21, 20, and 19 of said Block i 17, to the southwest CoFneF of Lot q 8 of said Block 1 q 7; thence easterly along the south ~crth line of said Lot 18, and easterly pFojection theFeof, to the east right of way line of S.E. 7th Avenue; thence northerly along the east right of way line of S.E. 7th Avenue to the northwest s~b, west corner of Lot 12, Palm Square, an unrecorded plat located in Block 125 and the north .h~!f of Block 133, said plat of the Town of Linton ~"""""~" +" the .,my+ +h~,...,.~ .~ .~,,.,,..~,,~ ;., P!at thence easterly along the north south lot lines of Lots 12, 43, 59, and 90 of said unrecorded plat of Palm Square, and easterly projection of the north line of said lot 90, to the point of intersection with the east right of way line of the Intracoastal Waterway; thence southerly along the east right of way line of the Intracoastal Waterway to the southwest corner of the Waterway East Commercial Condominium Condo property; thence easterly along the south line of said property and aR easterly extension thereof to the southwest corner of Lot A, John B. Reid's Village Subdivision (according to -17- 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 36O the plat thereof as recorded in Plat Book 21, Page 95 of the Public Records of Palm Beach County, Florida); thence easterly along the south line of said Lot A, to a point on the southeast corner of said Lot A; thence in a northerly direction along the west line of Lot 7, Block C of said plat of John B. Reid's Village Subdivision to the northwest corner of said Lot 7; thence easterly along the north line of said Lot 7, to the northeast corner of said Lot 7; thence southerly along the east line of said Lot 7 to the southeast ee~A-hwe~ corner of said Lot 7; thence in an easterly direction ~'"" the ~+~" "'-":""+;"~ of the ~-,, ,+~, ~,'~ '-~ ~:~ ~ ~,+ 7 to the southwest corner of Lot 8, Block 4, Ocean Park Subdivision, (accordinq to the plat thereof as recorded in Plat Book 5, Pa,qe 15 of the Public Records of Palm Beach County, Florida); thence easterly along the south line of said Lot 8 to the southeast ee~C~we~ corner of said Lot 8; thence in a northerly direction along the east line of Lots 8, 7, and 6, to the northeast corner of said Lot 6 (being in Block 4, Ocean Park Subdivision, as recorded in Plat Book 5, Page 15 of the Public Records of Palm Beach County, Florida); thence easterly to the southwest corner of Lot 8, Block 3 of said Ocean Park Subdivision; thence easterly along the south line of said Lot 8 to the southeast corner of said Lot 8; thence northerly along the east line of said Lot 8 and Lot 7 to the northwest corner of Lot 24, Block 3 of said Ocean -18- 361 362 363 364 365 366 367 368 369 37O 371 372 Park Subdivision; thence easterly along the north line of said Lot 24, to the northeast corner of said Lot 24; thence easterly to the northwest corner of Lot 7, Block 2, of said Ocean Park Subdivision; thence in an easterly direction along the north line of Lots 7 and 24, Block 2, of said Ocean Park Subdivision, to the northeast corner of said Lot 24; thence easterly to the northwest corner of Lot 16, Block 1, of said Ocean Park Subdivision; thence easterly along the north line of Lots 16 and 2, Block 1, of said Ocean Park Subdivision to a point at the northeast corner of said Lot 2, Block 1, of said Ocean Park Subdivision; thence easterly along an extension of the north line of Lot 2, Block 1, of said Ocean Park Subdivision to the mean high water line of the Atlantic Ocean; thence northerly along said high water line to the point of beginning. -19- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~Jt~CI~ MANAGER SUBJECT: AGENDA ITEM !C. ~.- REGULAR MEETING OF JANUARY 16, 2001 ORDINANCE NO. 4-01 (MODIFYING THE PARKING REOUIREMENTS FOR RESTAURANTS IN THE ORIGINAL DDA AREA) DATE: JANUARY 12, 2001 This is first reading and the first public hearing for Ordinance No. 4-01 which mochfies the parking requirement for restaurants m the original Downtown Development Authority 0DDA) area. The proposed change ~s to increase the requirement from one space per 300 square feet of floor area to six (6) spaces per 1,000 square feet. This represents an increase of 2.67 spaces per 1,000 square feet. The proposed text amendment was generated by a recommendation from the Parking Management Advxsory Board. The Downtown Development Authont3,, the West Atlanuc Redevelopment Coahuon and the CommumtT Redevelopment Agency all reviewed the proposal and recommended approval of the increased parking reqmrement for restaurants m the original DDA portion of the Central Business D~strict. The Planning and Zoning Board held a pubhc hearing on November 20, 2000 concerning the proposed change and voted 5 to 1 to recommend that ~t be approved. The C~W Comrmssxon initially chscussed this ~tem at the December 12'h regular meeUng and again at the Januau? 9~h work sessxon. At both meeungs ~t was the consensus of the Comn'nss~on to support the increased parking reqmrement for restaurants m the original DDA area. Recommend approval of Ordinance No. 4-01 on first reading. If passed, a second public hearing will be scheduled for February 6, 2001. RefAgmemol 40rd4-01 Restaurant Parlnng ORDINANCE NO. 4-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS BY AMENDING SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO INCREASE THE PARKING REQUIREMENT FOR RESTAURANTS IN THE ORIGINAL DOWNTOWN DEVELOPMENT AUTHORITY (DDA) AREA; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, on August 22, 2000, the Parking Management Advisory Board recommended that the Land Development Regulations of the City of Delray Beach be amended to increase the parking requirement for restaurants in the original Downtown Development Authority area; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on November 20. 2000, and voted 5 to 1 to recommend approval of the amendment to increase the parking requirement for restaurants in the 'original Downtown Development Authority area to 6 spaces per 1,000 square feet; and WHEREAS, the City Commission of the City of Delray Beach finds that the proposed amendment is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(G), "Supplemental District Regulations", Subparagraph 4.4.13(G)(1), "Parking", of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to read as follows: Section 4.4.13 Central Business (CBD) District (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. Parking: (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 1 st Street on the north, the Intracoastal Waterway on the east, and S.E. 1 st Street on the south, parking requirements shall apply to new floor area and restaurants only. Except for restaurants~ changes ~ in use (both residential and non- residential) shall not be required to provide additional on-site parking. The parking required for the creation of new non- residential floor area~ except restaurants~ shall be at the rate of one space for each 300 square feet, or fraction thereof., of floor area in addition to the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the CBD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this subsection (G)(1). (b) After January 1, 1994, when the parking requirements are applied to either new development or a change in use, said parking requirements shall be reduced by one parking space. This reduction may only occur once. (c) If it is impossible or inappropriate to provide required parking on- site or off-site, pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. (d) The parking requirement for restaurants is established at six (6) spaces per 1,000 square feet of floor area. (e) The parking requirements for residential units in multi-family structures and mixed use buildings shall be as follows: Efficiency dwelling unit · One bedroom dwelling unit · Two or more bedroom dwelling unit · Guest parking shall be provided cumulatively as follows: 1.0 space/unit 1.25 spaces/unit 1.75 spaces/unit -for the first 20 units -for units 21-50 -for units 51 and above 0.50 spaces/unit 0.30 spaces/unit 0.20 spaces/unit 2 Ord. No. 4-01 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. on this the PASSED AND ADOPTED in regular session on second and final reading day of ,2001. MAYOR ATTEST: City Clerk First Reading Second Reading 3 Ord. No. 4-01 ~ , ' ~ ~ ~,~ ~ ~ , ~rt / · ~ ~ s~ , ~ ~t11'~~ ~_= ~, .... ., ,, .... ~l[ ~~~, . ~~~l , il ; ....... :.,- ---;. ~T , ~'_ , ~--: ~ , ~ _ ; ' , I, , - - . I ...... , - ' -¢ - z '1/ ~ ' ': -~ ' ~ .... t , ~ , ~, , ,, -~, '~ j ~ : :' ~ --~i ,~~~~-' ~ .... ;~'~0 '-;~ ~ "; - ~I - ~" ~t--~' ~- ~" 4~-~'~'--- , :, '~ , ~ ~'~ ~ ~~' ~ .... ', ~i ~ , N - ~ AREA WHERE PARKING REQUIREMENTS FOR RESTAU~NTS : ~ : ' ~ '' [ ' I IS PROPOSED TO INCREASE TO 6-SPACES PER 1,000 SQ. FT. CITY COMMISSION DOCUMENTATION TO: THRU: DAV~3'~T. HARDEN, ~;ITY MANAGER PA'I.E.-DORLING, AC~I~G DIRECTOR PLANNING & ZONIF/G_..,DEPARTMENT FROM: RONALD R. HOGGARD, JR., SENIOR PLANNER SUBJECT: CITY COMMISSION MEETING OF DECEMBER 12, 2000 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs) MODIFYING THE PARKING REQUIREMENTS FOR RESTAURANTS IN THE ORIGINAL DDA AREA AND DELETING THE ONE TIME ONE SPACE PARKING REDUCTION IN THE CBD AND OSSHAD DISTRICTS. BACKGROUND The parking requirement for restaurants in the original DDA area is only 1 space per 300 square feet regardless of use. Therefore, conversions of existing floor area to more intensive uses do not require additional parking. Restaurants also enjoy a reduced standard in the remaining portions of the CBD with a requirement of only 6 spaces per 1,000 sq. ft. of building area. This is one-half the City's normal requirement. These liberal parking requirements have helped to fuel the revitalization of the downtown area. However, the success of the downtown as an entertainment district w~th restaurants and clubs has also significantly increased the demand for off-street parking and few new spaces have become available to meet this new demand A recommendation was made by the Parking Management Advisory Board in 1999, to increase the parking requirement for restaurants in the original DDA area to 6 spaces per 1,000 sq ft. The amendment was denied by the City Commission on July 6, 1999. Downtown development activity has remained strong over the last year. New office and residential projects have been approved and several new restaurants have opened on the Avenue. At its meeting of August 22, 2000, the Parking Management Advisory Board reviewed the restaurant parking issue again and requested that staff prepare draft changes to the Land Development Regulahons to increase the parking requirements for restaurants in the original DDA area to 6 spaces per 1000 sq ft.. This represents an increase of 2.67 spaces per 1,000 sq ft. This requirement would also apply to future restaurant conversions. For example, if a 1,500 square foot retail space is converted to a restaurant, the d~fference between the two requirements would have to be provided to meet the increased parking demand. In this case, an additional 4 parking spaces would be required. Under the current codes, that additional parking is not required since the requirement for all non-residential uses is the same (1 space/300 sq. ft.). The PMAB also recommended that the one time reduction of one space be eliminated from all areas. The Board felt that th~s redevelopment incentive is no longer needed and the required parking should be provided. Additional background and an analysis of the proposed amendments are included in the attached Planning and Zoning Board staff report REVIEW BY OTHERS Downtown Development Authority (DDA): The DDA Board reviewed the proposed amendment at its meeting on October 18, 2000. The Board recommended approval of the amendment. City Commission Documentation Meeting of December 12, 2000- Parking Requirements Page 2 West Atlantic Redevelopment Coalition (WARC): The West Atlantic Avenue Redevelopment Area includes 2 blocks within the OSSHAD district which would be affected by the elimination of the one-time one space parking reduction. The Board reviewed the proposal at its meeting on November 8, 2000. The Board d~d not support the proposal to eliminate the one-time, one space reduction since it would negatively affect small redevelopment projects. Community Redevelopment Agency (CRA): The CRA reviewed the proposed amendment at its meeting of November 9, 2000. The Board recommended approval of the increase in parking requirements for restaurants in the original DDA portion of the CBD. The Board felt that this would level the playing field and encourage restaurants to locate in other locations in the CBD and OSSHAD, such as Pineapple Grove. The Board did not support the elimination of the one-time, one space parking reduction, since this would negatively affect small redevelopment projects. Pineapple Grove Main Street: To proposed amendment was submitted to Pineapple Grove Main Street for review and comment. The Committee did not formally review the proposal. Planning & Zoning Board: The Planning and Zoning Board held a public hearing on the proposed amendments at its meeting of November 20, 2000. Bruce Gimmy and Bernie Dahlem (Parking Management Adwsory Board) spoke in favor of the proposed amendments stating that the current parking requirements for restaurants is too Iow. They also emphasized that additional retail is needed downtown and that restaurants should be encouraged to locate in other redevelopment areas Bruce Gimmy stated that the one time one space reduction is no longer needed to encourage redevelopment and should be eliminated. After discussion, the Board recommended approval of the proposed amendment to increase the parking requirement for restaurants ~n the original DDA area to 6 spaces per 1,000 square feet by a vote of 5 to 1 (B~rd absent and Morris dissenting). The Board made a second motion to deny the proposed amendment to eliminate the one time one space parking reduction. The motion failed on a vote of 3 to 3. RECOMMENDED ACTION By motion, approve on first reading a text amendment to Land Development Regulations (LDRs) Section 4.4.13(G)(1)(a) Parking, Supplemental District Regulations for the Central Business District increasing the parking requirements for restaurants in the original DDA area to 6 spaces per 1,000 square feet, based upon the findings and recommendation of the Planning & Zoning Board. By motion, deny on first reading a text amendment to Land Development Regulations (LDRs) Sections 4.4.13(G)(1)(b) Parking, Supplemental Regulations for the Central Business District and Section 4.4.24(G)(6) Supplemental District Regulations for the Old School Square Historic Arts District, eliminating the one-time one space parking reduction. Attachments: · Proposed Ordinances · Planning & Zoning Staff Report s \planmng & zoning\boards\city commiss~on\ldr restaurant parking ~n cbd doc printed 12/7/00 MEETING OF: NOVEMBER 20, 2000 AGENDA ITEM: IIl. C AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs) MODIFYING THE PARKING REQUIREMENTS FOR RESTAURANTS IN THE ORIGINAL DDA AREA AND DELETING THE ONE TIME ONE SPACE PARKING REDUCTION IN THE CBD AND OSSHAD DISTRICTS. The item before the Board is that of making a recommendation to the City Commission on an amendment to LDR Section 4.4.13(G) .Supplemental District Regulations. for the CBD (Central Business District) and Section 4.4.24(G) .Supplemental District Regulations for the OSSHAD (Old School Square Historic Arts District), pursuant to LDR Section 2.4.5 (M). Pursuant to LDR Section 1.1.6, amendments to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The parking requirement for restaurants in the original DDA area is only 1 space per 300 square feet regardless of use. Therefore, conversions of existing floor area to more intensive uses do not require additional parking. Restaurants also enjoy a reduced standard in the remaining portions of the CBD with a requirement of only 6 spaces per 1,000 sq. ft. of building area. This is one-half the City's normal requirement. These liberal parking requirements have helped to fuel the revitalization of the downtown area. However, the success of the downtown as an entertainment district with restaurants and clubs has also significantly increased the demand for off-street parking and few new spaces have become available to meet this new demand. A recommendation was made by the Parking Management Advisory Board in 1998, to increase the parking requirement for restaurants in the original DDA area to 6 spaces per 1,000 sq. ft.. The proposed change was incorporated into an ordinance which also dealt with increasing in-lieu parking fees. However, it was deleted from the in-lieu fee ordinance so that the issues could be dealt with separately The in-lieu fee ordinance was passed in 1999 and fees were increased for the majority of the downtown area At its February 23, 1999 meeting, the Parking Management Advisory Board affirmed its original recommendation and voted 7/0 to amend the regulations for the original DDA area to increase the parking requirements from 1 space per 300 sq. ft. to 6 spaces per 1,000 sq. ft. The amendment was denied by the City Commission on July 6, 1999 Planning & Zoning Memorandum Staff Report Text Amendment for Restaurant Parking m CBD & One T~me One Space Parking Reduction Page 2 Downtown development activity has remained strong over the last year. New office and residential projects have been approved and several new restaurants have opened on the Avenue. At its meeting of August 22, 2000, the Parking Management Advisory Board reviewed the restaurant parking issue again and requested that staff prepare draft changes to the Land Development Regulations to increase the parking requirements for restaurants in the original DDA area to 6 spaces per 1000 sq. ft.. This represents an increase of 2.67 spaces per 1,000 sq. ft. This requirement would also apply Jo future restaurant conversions. For example, if a 1,500 square foot retail space is converted to a restaurant, the difference between the two requirements would have to be provided to meet the increased parking demand. In this case, an additional 4 parking spaces would be required. Under the current codes, that additional parking is not required since the requirement for all non-residential uses is the same (1 space/300 sq. ft.). The Board also recommended that the one time reduction of one space be eliminated from all areas. The Board felt that this redevelopment incentive is no longer needed and the required parking should be provided. ANALYSIS. OF .PROPOSED AMENDMENTS The proposed increase to the parking requirements applies only to restaurants in the downtown area bounded by Swinton Avenue on the west, N.E. 1st Street on the north, the Intracoastal Waterway on the east and SE 1st Street on the south. The success of the downtown as an entertainment district with restaurants and clubs has significantly increased the demand for off-street parking. Based on the current success of the downtown, it appears that a reduced parking requirement is no longer needed as a redevelopment incentive. The proposed change requires restaurants in this area to meet the same parking requirements as the rest of the CBD, OSSHAD and the West Atlantic Avenue Redevelopment Area. The applicable rate is (6) spaces per 1,000 sq. ft. of floor area. This is still one-half the normal code requirement for the rest of the City. The requirement will be applied to changes in use as well as the construction of new floor area. Under the proposed regulations, restaurants will have to provide an additional 2.67 spaces per 1,000 sq. ft. than required under the current code. East Atlantic Avenue, between Swinton Avenue and Intracoastal Waterway, has a considerable advantage over other areas of the City with respect to parking requirements for restaurants. With the same standard for all nonresidential uses in this area, a retail or office building with a minimal parking demand can be converted to a night club or restaurant with a considerable parking demand and not provide any additional parking. Conversions of this type have an obvious impact on the availability of parking for other uses downtown. This was not an issue in 1990 when the downtown was deserted at night and public parking was p~entiful. However, ten years later, pubhc parking lots are full, restaurant owners are leasing private spaces and using a valet service to meet demand and the number of restaurants is still increasing. When the public lots are full, vehicles are parked illegally in private lots and those who provide parking are impacted by those who do not. The question is why do we still have the incentive in this area while other areas targeted for redevelopment, such as Pineapple Grove and West Atlantic Avenue, are at a significant disadvantage. For example, a Planning & Zoning Memorandum Staff Report Text Amendment for Restaurant Parking in CBD & One Time One Space Parking Reduction Page 3 2,000 square feet retail to restaurant conversion in Pineapple Grove would have to provide an additional 3 parking spaces or pay an in-lieu fee of $18,000. The PMAB also requested that the one time reduction of one parking space be deleted from the Land Development Regulations. This code provision was originally enacted to help the small owner or developer who wishes to change use or add additional floor area. However, there is no limit on the size of the project or on the number of new spaces required. Staff feels that this reduction is still needed for small redevelopment projects where additional parking is not possible and in-lieu fees would be prohibitive. Pineapple Grove would be particularly affected since redevelopment is just getting underway with a number of small projects. REQUIRED FINDINGS LDR Section 2.4.5(M)(5); Amendment to the Land Development Requlations. Findincls: In addition to the provisions of Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. This amendment is not being-initiated to fulfill any specific Comprehensive Plan policy. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. - *': 'REVIEW'BY OTHERS ,! Downtown Development Authority (DDA): The DDA Board reviewed the proposed amendment at its meeting on October 18, 2000. The Board recommended approval of the amendment. West Atlantic Redevelopment Coalition (WARC): The West Atlantic Avenue Redevelopment Area includes 2 blocks within the OSSHAD district which would be affected by the elimination of the one-time one space parking reduction. The Board reviewed the proposal at its meeting on November 8, 2000. The Board did not support the proposal to eliminate the one-time, one space reduction since it would negatively affect small redevelopment projects. Community Redevelopment Agency (CRA): The CRA reviewed the proposed amendment at its meeting of November 9, 2000. The Board recommended approval of the increase in parking requirements for restaurants in the original DDA portion of the CBD. The Board felt that this would level the playing field and encourage restaurants to locate in other locations in the CBD and OSSHAD, such as Pineapple Grove. The Board did not support the elimination of the one-time, one space parking of reduction, since this would negatively affect small redevelopment projects Pineapple Grove Main Street: To proposed amendment was submitted to Pineapple Grove Main Street for review and comment. The Committee's comments, if any, will be presented at the meeting. Planning & Zomng Memorandum Staff Repor~ Text Amendment for Restaurant Parking in CBD & One T~me One Space Parking Reduction Page 4 1. Continue with direction. 2. Recommend approval based upon a finding that the proposed amendment is consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. 3. Recommend denial, in whole or in part, in that the proposed amendment is'not appropriate with reason stated. RECOMMENDED ACTION Recommend that the City Commission adopt amendments to Land Development Regulations (LDRs) Section 4.4.13(G) Supplemental District Requlations for the Central Business District dealing with the parking requirements for restaurants in the original DDA area, based upon positive findings with LDR Section 2.4.5(M). Recommend that the City Commission deny the amendments to Land Development Regulations (LDRs) Section 4.4.13(G) Supplemental District Requlations for the Central Business District and Section 4.4.24(G) Supplemental District Requlations for the Old School Square H~storic Arts District deleting the one time one space parking reduction. s'\plannmg & zoning\boards\p&z board\text amendment for restaurant parking doc TO: FROM: SUBJECT: MEMORANDUM MAYOR AND CITY COMMISSIONERS ~ITY MANAGER AGENDA ITEM ,/~ ~ . REGULAR MEETING OF JANUARY 16, 2001 ORDINANCE NO. 5-01 (ELIMINATION OF ONE TIME ONE SPACE PARKING REDUCTION IN THE CBD AND OSSHAD DISTRICTS) REVIEW OF ORDINANCE NO. 6-01 (MODIFYING THE ONE TIME ONE SPACE PARKING REDUCTION IN THE CBD, CBD-RC AND OSSHAD DISTRICTS DATE: JANUARY 12, 2001 This is first reading and the first public hearing for Ordinance No. 5-01 that would ehmmate the one nme one space parking reducnon m the Central Business Dxstrict and the Old School Square H~stonc Arts Dxstrict. When the proposed text amendments relating to parking reqmrements were first discussed at the December 12th regular meeting, the Comrmssmn gave direction that the two issues (increased parking for restaurants m the original DDA area and elmunation of the one time one space parking reducuon in the CBD and OSSHAD distr~cts) be separated into two ordinances and readvertised so that separate acnons could be taken on the two ~ssues. This was done and the ordinances were adverused for first reading and first pubhc hearing on January 16th. In the meanurne, the Comrmssion reviewed the parking ~ssues at the January 9th workshop. The consensus was to support the mcreased parking reqmrement for restaurants m the original DDA area (Ordinance No. 4-01 on flus agenda). However, it was the further consensus of the Comrmss~on to mot support the complete ehmination of the one tmae one space parking reducuon. It was felt that eliminating tl~s promsxon could have an adverse impact on smaller, "Mom & Pop" type operattons that rmght want to locate in the CBD or the OSSHAD distr~ct. After some discussion, a comprormse was suggested that would allow for a one space parking exempuon m those instances where e~ther new development, expansion of an exastmg use or a change m use resulted m the reqmrement of only one new parking space. If more than one parking space was requzred, no exempuon would be allowed and the parking would have to be provided m order for the development to occur. Ordinance No. 6-01 was drafted in response to t}us direction. Again, Ordinance No. 5-01 appears on the agenda because it was adverused for ~ts first pubhc hearing on January 16th. The recommendation is to vote Ordinance No. 5-01 down on first reading. D~rection ~s also requested from the Commission ff the proposed Ordinance 6-01 accurately reflects the chrectton g~ven at the January 9th workshop. If ;t does, or ff the Comrmss~on wishes to make any additional changes, we can then proceed w~th adverusmg the ordinance for formal cons;derauon on first reading and the first public hearing on February 6, 2001. Ref'Agmemol40rd5-01 & 6-01 One Tune One Space Reducuon FAILED ON FIRST/1ST PUBLIC HEARING - JANUARY 16, 2001 ORDINANCE NO. 5-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(G), "SUPPLEMENTAL DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY DELETING THE ONE TIME ONE SPACE PARKING REDUCTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, on August 22, 2000, the Parking Management Advisory Board recommended that the Land Development Regulations of the City of Delray Beach be amended by eliminating the provision for a one time reduction of one parking space in the CBD and OSSHAD zoning districts; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on November 20, 2000, at which meeting a motion was made to deny the proposed amendment to eliminate the one time one space parking reduction, and said motion failed on a vote of 3 to 3; and WHEREAS, the City Commission of the City of Delray Beach finds that the proposed amendment is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Section 4.4.13, "Central Business (CBD) District", Subsection 4.4. I3(G), "Supplemental District Regulations", Subparagraph 4.4.13(G)(1), "Parking", of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to read as follows: FAILED ON FIRST READING/1ST PUBLIC HEARING - JANUARY 16, 2001 FAILED ON FIRST READING/1ST PUBLIC }{EARING - JANUARY 16, 2001 Section 4.4.13 Central Business (CBD) District (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Parking: (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 1st Street on the north, the Intracoastal Waterway on the east, and S.E. 1 st Street on the south, parking requirements shall apply to new floor area only. Changes in use (both residential and non-residential) shall not be required to provide on-site parking. The parking required for the creation of new non-residential floor area shall be at the rate of one space for each 300 square feet, or fraction thereof, of floor area in addition to the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the CBD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this subsection (G)(1). If it is impossible or inappropriate to provide required parking on- site or off-site, pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. (d c) The parking requirement for restaurants is established at six (6) spaces per 1,000 square feet of floor area. (ed) The parking requirements for residential units in multi-family structures and mixed use buildings shall be as follows: Efficiency dwelling unit · One bedroom dwelling unit · Two or more bedroom dwelling unit · Guest parking shall be provided cumulatively as follows: 1.0 space/unit 1.25 spaces/unit 1.75 spaces/unit 2 Ord. No. 5-01 FAILED ON FIRST READING/1ST PUBLIC }{EARING - JANUARY 16, 2001 FAILED ON FIRST READING/FIRST PUBLIC IIEARING - -for the first 20 units -for units 21-50 -for units 51 and above JANUARY 16, 2001 0.50 spaces/unit 0.30 spaces/unit 0.20 spaces/unit Section 2. That Chapter Four, "Zoning Regulations", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(G), "Supplemental District Regulations", Subparagraph 4.4.24(G)(6), of the Land Development Regulations of the City of Delray Beach, be and the same is hereby deleted in its entirety, as follows: Section 4.4.24 Old School Square Historic Arts District (OSSHAD) (G) Supplemental District Regulations: Supplemental district regulations as set forth in Article 4.6, except as modified herein, apply: f~'~ Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. on this the PASSED AND ADOPTED in regular session on second and final reading day of ,2001. ATTEST: MAYOR City Clerk First Reading FAILED ON FIRST READING/FIRST PUBLIC IIEARING - Second Reading 1/16/2001 3 Ord. No. 5-01 BOB BARCINSKI PMAB MEETING DECEMBER 19, 2000 FOLLOW UP Meeting scheduled January 16, 2001 at 8:00 am in CM Conference Room, not sure if you need to get with Jeff Costello regarding this or not?? Send only last quarter Status Report to members for each meeting but keep the complete Status Report and give to each new member. (Keep quarterly status report for current members) Ron Hoggard and Mr. Harden: Ordinance - The original intent was a one time exception only in original DDA and East of the Intracoastal, not other areas as listed. Ron Hoggard: See all changes in print before going to the City Commission. Incorporate a section into the Parking License Agreement for valet violations only Cost of Metered Lots???? · Selling Naming Rights of Parking Lots ORDINANCE NO. 6-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC)", SUBSECTION 4.4.28(G), "SUPPLEMENTAL DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY MODIFYING THE ONE TIME ONE SPACE PARKING REDUCTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, on August 22, 2000, the Parking Management Advisory Board recommended that the Land Development Regulations of the City of Delray Beach be amended by eliminating the provision for a one time reduction of one parking space in the CBD, CBD-RC and OSSHAD zoning districts; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on November 20, 2000, at which meeting a motion was made to deny the proposed amendment to eliminate the one time one space parking reduction, and said motion failed on a vote of 3 to 3; and WHEREAS, the City Commission of the City of Delray Beach finds that the proposed amendment is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(G), "Supplemental District Regulations", Subparagraph 4.4.13(G)(1), "Parking", of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to read as follows: Section 4.4.13 Central Business (CBD) District (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Parking: (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 1 st Street on the north, the Intracoastal Waterway on the east, and S.E. 1st Street on the south, parking requirements shall apply to new floor area only. Changes in use (both residential and non-residential) shall not be required to provide on-site parking. The parking required for the creation of new non-residential floor area shall be at the rate of one space for each 300 square feet, or fraction thereof, of floor area in addition to the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the CBD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this subsection (G)(1). (b) ^~,=~ T ........~ ~99A, wWhen the parking requirements are applied to either new development, expansion of an existing use or a change in use which results in the requirement of only one new parking space, a one space exemption shall be allowed, said ~.; ....... This ~xemption may only occur once per prope~y. (c) If it is impossible or inappropriate to provide required parking on- site or off-site, pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. (d) The parking requirement for restaurants is established at six (6) spaces per 1,000 square feet of floor area. (e) The parking requirements for residential units in multi-family structures and mixed use buildings shall be as follows: · Efficiency dwelling unit · One bedroom dwelling unit 1.0 space/unit 1.25 spaces/unit 2 Ord. No. 6-01 · 1.75 spaces/unit · Two or more bedroom dwelling unit Guest parking shall be provided cumulatively as follows: -for the first 20 units -for units 21~50 -for units 51 and above 0.50 spaces/unit 0.30 spaces/unit 0.20 spaces/unit Section 2. That Chapter Four, "Zoning Regulations", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(G), "Supplemental District Regulations", Subparagraph 4.4.24(G)(6), of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to read as follows: Section 4.4.24 Old School Square Historic Arts District (OSSHAD) (G) Supplemental District Regulations: Supplemental district regulations as set forth in Article 4.6, except as modified herein, apply: (6) A~ero,..,,..,T ....... I, 19a~,. . wWhen_ the parking requirements of Section 4.6.9(C) are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be a owe ..... v ...... e, -~ ............................ j ,~n~ ~ This ~educ-tio~ exemption may only occur once per property. Section 3. That Chapter Four, "Zoning Regulations", Section 4.4.28, "Central Business District-Railroad Corridor (CBD-RC)", Subsection 4.4.28(G), "Supplemental District Regulations", Subparagraph 4.4.28(G)(1), of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to read as follows: Section 4.4.28 Central Business District-Railroad Corridor (CBD-RC) (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, the following shall apply: (1) When the parking requirements of Section 4.6.9(E)(4) are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. :ai~ r-educ-Oo~ exemption may only occur once per property. 3 Ord. No. 6-01 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. on this the PASSED AND ADOPTED in regular session on second and final reading day of ,2001. ATTEST: MAYOR City Clerk First Reading Second Reading 4 Ord. No. 6-1)1 MEMOkANbUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM ] O 19. - REGULAR MEETING OF JANUARY 16, 2001 ORDINANCE NO. 1-01 (REFERENDUM ON LIBRARY PROPERTY) RESOLUTION NO. 6-01 (CALLING FOR SPECIAL ELECTION) JANUARY 12, 2001 This as second reading and a pubhc hearing for Ordinance No. 1-01 which provides for a special election referendum to be held on the question of whether the quahfied voters of the Caty gr~-e their permission for the release of any deed restrictions and for the sale and transfer of part of the Labrary property located at 29 S.E. 4th Avenue. There has been chscussion about the possiNhty of the Public Library relocating to another sate within the Caty. If ti'ns were to happen, the current hbrary site would become available for redevelopment purposes. One of the deeds to the Caty for the hbrary property contains a restracuon that the land was conveyed for mumcapal purposes and may not be sold or transferred by the City wathout first obtaining permissaon from the qualified voters of the Caty. at a specml referendum elecnon. The property m quesuon as the South 50 feet of Lot 8 and all of Lot 9, Block 101, Town of Delray. The Caty Attorney, m conjunction wath outsade counsel, has revaewed this assue and has determined that a referendum elecuon is the only viable opuon. The proposed ordinance provades for a specaal elecuon referendum to be held on the quesuon on the March 13, 200I municipal elecuon ballot. At first reading on January 2, 2001, the Comrmssmn passed the ordinance by unanimous vote. Approval as recommended. If, after the pubhc heating, the Cat3, Cornnussaon approves Ordinance No. 1-01 on second and final reading, conslderauon should then be given to the adopuon of Resolutton No. 6-01. Tlus resolunon formally calls for the specml referendum elecnon and as the first step reqmred for us to comply with City Charter and general law requirements for holding a specml election. Assuming Ordinance No. 1-01 as approved by the Cornnnssmn, approval as also recommended for Resoluuon No. 6-01. Ref-Agmemol40rdl-01 2nd Reading. Referendum on L~brary PropertT ORDINANCE NO. 1-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM ON THE QUESTION OF WHETHER THE MAJORITY OF THE QUALIFIED VOTERS OF THE CITY VOTING IN THE REFERENDUM SPECIAL ELECTION GIVE THEIR CONSENT AND PERMISSION FOR THE RELEASE OF ANY DEED RESTRICTIONS AND FOR THE TRANSFER AND SALE OF PART OF THE CURRENT LIBRARY PROPERTY LOCATED AT 29 S.E. 4TM AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A REFERENDUM TO VOTE ON THE QUESTION OF THE RELEASE OF DEED RESTRICTIONS AND CONSENT AND PERMISSION TO PERMIT THE TRANSFER AND SALE OF SAID LANDS TO BE HELD ON MARCH 13, 2001; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, one of the deeds to the City for the library property provides that certain lots and parts of lots are to be used for municipal purposes and not to be sold or transferred by the City without first obtaining from the majority of qualified voters of said City, permission to sell and convey said lands; and WHEREAS, the restrictions set forth above are set forth in the Deed dated June 15, 1936 to the City of Delray Beach on property legally described as the South 50 feet (S.50') of Lot Eight (8) and all of Lot Nine (9), Block One Hundred One (I01) of the Town of Delray, formerly Linton, according to the Plat thereof on file in the offices of the Clerk of the Circuit Court in and for Palm Beach County, said deed being recorded at Book 528, Page 137 of the Public Records of Palm Beach County; and WHEREAS, it is anticipated that the current library property shall be transferred and sold for redevelopment; and WHEREAS, it is anticipated that the library will then be moved to other property located within the City. 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, hereby incorporates the "Whereas" clauses set forth above and hereby incorporates them herein in their entirety. Section 2. That the City Commission of the City of Delray Beach seeks the consent and permission of the majority of qualified electors of the City of Delray Beach voting in the special election to transfer and sell the library lands described herein pursuant to the terms of the deed recorded in Book 528, Page 137 of the Public Records of Palm Beach County. Section 3. That the consent and permission of the majority of the qualified electors of the City of De[ray Beach voting in a special election for the transfer and sale of the current library lands as above described, shall be subject to a special election and referendum on March 13,2001. Section 4. The form of the ballot to be used in the referendum shall be as follows: Transfer of Library Lands Question Do you give your consent and permission to the release of any restrictions in the deed and for the transfer and sale of the current library land owned by the City as described more fully in Ordinance No. 1-01, if the City of De[ray Beach, the De[ray Beach Public Library Association or the Community Redevelopment Agency of the City of De[ray Beach acquires substitute lands for the library within the City? Shall referendum question set forth above be adopted? YES [for approval] NO [for rejection] Section 5. If a majority of the qualified voters of the City of Delray Beach actually voting in this referendum vote for the question, then it shall take effect immediately on its passage. If a majority of the qualified voters of the City of Delray Beach actually voting in this referendum vote against the question, then this ordinance shall have no force and effect. Section 6. That this ordinance shall become effective upon its passage on second and final reading. 2 Ord. No. 1-01 on this the PASSED AND ADOPTED in regular session on second and final reading 16th day of January ,2001. MAYOR ATTEST: First Reading January 2, 2001 Second Reading January 16, 2001 Ord. No. 1-01 RESOLUTION NO. 6-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON MARCH 13, 2001, TO PROVIDE FOR A REFERENDUM ON THE QUESTION PRESENTED IN ORDINANCE NO. 1-01; PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 1-01 provides for a referendum on the question presented therein regarding whether the majority of the qualified voters in the City voting in a special election consent and give permission for the City to release any restrictions in the deed and consent to the transfer and sale of the current library property; and WHEREAS, the City of Delray Beach desires to call for a special election on the matter; and WHEREAS, the City Commission directs the City Clerk to take all steps necessary to hold a special election and to provide all notices required in accordance with Article V, "Elections", of the Charter of the City of Delray Beach and General Law; and WHEREAS, the City Commission of the City of Delray Beach directs that the special election on the ballot question proposed in Ordinance No. 1-01 be held on March 13, 2001. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission incorporates the "Whereas" clauses set forth above as if fully set forth herein. Section 2. That the City Commission authorizes the holding of a special election on the referendum question presented in Ordinance No. 1-01. Section 3. That the City Commission hereby sets the date of the special election to be held on March 13,2001. Section 4. That the City Commission hereby authorizes the City Clerk to provide all notices and to take all steps necessary to hold the referendum as hereby provided. 2001. Section 5. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 16th day of January, MAYOR ATTEST: ..... ~' City Clerk J ' - - 2 Res. No. 6-01 TO: FROM: SUBJECT: DATE: MEMORANDUM MAYOR AND CITY COMMISSIONERS ITY MANAGER AGENDA ITEM / ~). ~ .- REGULAR MEETING OF JANUARYS, 2001 ORDINANCE NO. 2-01 (POIJ.UTION CONTROL STANDARDS) JANUARY 12, 2001 This is second reading and a public hearing for Ordinance No. 2-01 which amends the Land Development Regulations w~th respect to erosion, soft, dust and sedmaent control. The amendment is being processed to comply w~th the Environmental Protection Agency's Nauonal Pollutant D~scharge Elm'fination System (NPDES) requirements which mandate that mumc;palities adopt pollution control standards. Currently, s~tes of 5 acres or more must comply. In 2002, any site of one acre or more will be reqmred to comply with these regulations. In summary the proposed changes include: Removal of an exempuon for construcuon acuviues mvolving single family homes; · Addition of reqmrements dealing with sedmaent controls, including installation of temporary erosion control measures pnor to and during construcuon. Permanent control measures will be reqmred w~thm 7 days of any completed construcuon acuv~ty; and · Addition of a statement that private owners of storm dram systems that connect to the mumc~pal system shall be responsible for annual inspecuon, operauon and maintenance of then: private stormwater management system. Additional background and an analysis of the request are found m the attached staff report. The Planning and Zoning Board considered the proposed amendments at a pubhc hearing on December 18, 2000. There was no pubhc tesnmony. After chscussion, the Board voted 5 to 0 to recommend approval of the proposed text amendments based upon positive findings with respect to LDR Secuon 2.4.5(M). At first reading on January 2, 2001, the Comn-nss~on passed the ordinance by unammous vote. Recommend approval of Ordinance No. 2-01 on second and final reading, based upon the findings and recommendauon of the Planning and Zoning Board. RefiAgrnemol 40rd2-01 Polluuon Control Standards ORDINANCE NO. 2-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.6.17, "EROSION, SOIL, AND DUST CONTROL", TO ADOPT POLLUTION CONTROL STANDARDS IN ACCORDANCE WITH THE ENVIRONMENTAL PROTECTION AGENCY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIREMENTS; AMENDING SECTION 6.1.9, "DRAINAGE SYSTEMS", BY ENACTING A NEW SUBSECTION 6.1.9(J) TO PROVIDE FOR REQUIRED ANNUAL INSPECTIONS OF STORMWATER MANAGEMENT SYSTEMS BY THE OWNER OR RESPONSIBLE ENTITY OF ANY LAND DEVELOPMENT OR REDEVELOPMENT THAT DISCHARGES DIRECTLY OR INDIRECTLY TO A MUNICIPAL SEPARATE STORM SEWER SYSTEM; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on December 18, 2000, and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.17, "Erosion, Soil, and Dust Control", of the Land Development Regulations of the City of Delray Beach, is hereby amended to read as follows: Section 4.6.17 Prevention Plan) Erosion, Soil, and Dust~ and Sediment Control (Pollution (A) Purpose: The purpose of this section is to provide standards and procedures, and to prescribe techniques and methods for the control of ~! site erosion resulting from land-disturbing activities. (B) Applicability: These regulations apply to any project which involves the disturbance of land in connection with land development. Such land-disturbing activities shall include, but not be limited to, land clearing, grading, filling, and excavation, construction of buildings, utilities, paving and drainage facilities, demolition, and any other land-disturbing process other than for agricultural purposes. ~ (C) Erosion Control Standards: The following :~,i! site erosion control standards and procedures shall apply to all land-disturbing activities: (1) All :v,:2 site erosion and sediment control methods to be employed during construction shall be ~h,~-:,= er noted on the plans and included in a Pollution Prevention Plan submitted to the City for a building permit, right-of-way work permit, subdivision improvement, project involving clearing of property of shrub vegetation, and any other land-disturbing activity which requires a permit or approval by the City. A separate permit shall not be required for ~z~! site erosion and sediment control, but it shall be r~lUbeed-as-p~ a condition of approval of any permit ~r a~?rc, va! received for building and construction. (a) Activities approved by the building permit shall be conducted in a manner which does not cause violations of state and federal water quality standards. The permittee shall implement Best Management Practices for erosion and pollution control to prevent violation of state water quality standards. Temporary erosion control shall be implemented prior to and during construction~ and permanent control measures shall be completed within seven (7) days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. Silt screens~ hay bales~ or other such sediment control measures shall be utilized durine construction. The selected sediment control measures shall be installed landward of the upland buffer zones around all 2 Ord. No. 2-01 protected wetlands. All areas shall be stabilized and vegetated immediately after construction to prevent erosion into the wetlands and upper buffer zones. All practices shall be in accordance with the guidelines and specifications in the Florida Stormwater~ Erosion and Sedimentation Control Inspectors Manual~ or latest edition~ on file with the City of Delray Beach's Chief Building Official. (2) The developer/owner shall be required to comply with the State Ambient Air Quality Standards, in accordance with Florida Administrative Code Chapter 17-2, Unconfined Emissions, which specifies standards for air quality. (D) Erosion and Sediment Control Methods: (1) In connection with any land-disturbing activity, provision shall be made to control soil site erosion. So':! Site erosion is considered to occur when vAn~ blown material is carried beyond the site on which such land-disturbing activity is taking place, and is thus deemed to be a public nuisance with respect to the surrounding private properties and public areas. (2) During such land-disturbing activity, the developer/owner shall be required to control the soil site erosion by any means ~msomal~y necessary to contain the · ;An~ b!zv,m material soil~ dust~ and sediments within the project site These methods may include~ but are not limited to~ the following: leaving a buffer strip of land around the perimeter of the site if the existing vegetation is sufficient to stop the -~ ,; ..... blo':,~ site erosion, the construction of a sil._!t fence around the entire site, covering loose fill material with fabric or other covering, and wetting down the loose material with moisture emulsions specific for that purpose. (3) Prior to and during construction of all sites~ the permittee and/or responsible party shall implement and maintain all erosion and sediment control measures (Best Management Practices) included in the Pollution Prevention Plan~ required to retain sediment on-site and to prevent violations of state and federal water quality standards. All practices shall be in accordance with the guidelines and specifications in the Florida Stormwater~ Erosion and Sedimentation Control Inspectors Manual~ or latest edition~ on file with the City of Delray Beach's Chief Building Official. (~ 3) After the conclusion of the land-disturbing activity, no disturbed area may be left denuded, and every disturbed area must be covered by mulches such as straw, hay, filter fabric, seed and mulch, sod, or other approved material to the extent necessary to cover otherwise denuded areas, unless the City Engineer determines that the circumstances do not require such covering. Within 60 days after final grade is 3 Ord. No. 2-01 established on any portion of a project site, that portion of the site shall be provided with established permanent soil stabilization measures according to the original construction plan, whether by impervious surface or landscaping. (5) The permittee and/or responsible part3~ shall correct any erosion that causes adverse impacts to water resources. Sediment accumulation in the stormwater system from construction activities must be removed at the cost of the permittee to prevent a loss of storage volume. (6) Construction sites that discharge directly or indirectly to a .M, unicipal Separate Storm Sewer System (MS4) must have a Pollution Prevention Plan on-site at all times. Section 2. That Chapter Six, "Infrastructure and Public Property", Article 6.1, "Design Standards and Requirements", Section 6.1.9, "Drainage Systems", of the Land Development Regulations of the City of Delray Beach, is hereby amended by enacting a new subsection 6. 1.9(J) to read as follows: Section 6.1.9 Drainage Systems: (J) The owner or responsible entity of any land development or redevelopment that discharges directly or indirectly to a Municipal Separate Storm Sewer System is required to provide for annual inspections~ and operation and maintenance of its stormwater management system~ to ensure that the system functions as designed and permitted. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. 4 Ord No. 2-01 on this the PASSED AND ADOPTED in regular session on second and final reading 16th dayof__ 2J~z~~~~~~. q01~, ATTEST: - oity Ol~l~ .... r MAYOR First Reading January 2, 2001 Second Reading January 16, 2001 5 Ord. No. 2-01 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: DECEMBER 18, 2000 AGENDA ITEM: IV.C. - AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTIONS 4.6.17 AND 6.1.9 REGARDING EROSION, SOIL, DUST, AND SEDIMENT CONTROL. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations (LDRs) Section 4.6.17 and 6.1.9 regarding Erosion, Soil, Dust, and Sediment Control, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND AND ANALYSIS This amendment is being processed in order to comply with the Environmental Protection Agency's National Pollutant Discharge Elimination System (NPDES) requirements which mandate that municipalities adopt pollution control standards. Currently, sites of 5 acres or more must comply. In 2002, any site of 1 acre or more will be required to comply with these regulations. In summary the proposed changes include: · Removal of an exemption for construction activities involving single family homes; Addition of requirements dealing with sediment controls including installation of temporary erosion control measures prior to and during construction. Permanent control measures will be required within 7 days of any completed construction activity; and, · Addition of a statement that private owners of storm drain systems that connect to the municipal system shall be responsible for annual inspection, operation and maintenance of their private stormwater management system. 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 Pohcies of the Comprehensive Plan. The proposed text amendment furthers the Goals, Objectives, and Policies of the Comprehensive Plan with respect to the following: Public Facilities Element Policy E-1.5: The City shall protect and enhance surface water quality through the full implementation of programs and activities included in the National Pollutant Discharge Elimination System (NPDES) permit. Conservation Element Objective B-3: The City shall implement programs and techniques to protect property from erosion and deterioration created by the impacts of wind and flowing water. Conservation Element Policy B-3.1: The City shall continue to control erosion from wind and flowing water through the building permit review and inspection process and the soil erosion control ordinance. RECOMMENDED ACTION By motion, recommend approval of the attached amendments to the LDR Sections 4 6 17 and 6 1 9, based upon positive findings with LDR Section 2.4.5(M). Attachment Proposed Amendment P&Z Board Staff Report LDR Amen'dment- Section 4.6 17 (Erosion, Soil and Dust Control) and Section 6.1.9 (Drainage Systems) Page 2 Section 4.6.17 PROPOSED ORDINANCE Erosion, .3oil, ....Dust, and Sediment Control (Pollution Prevention Plan) (A) Purpose: The purpose of this Section is to provide standards and procedures, and to prescribe techniques and methods for the control of sc!! site erosion resulting from land-disturbing activities. (B) Applicability: These regulations apply to any project which involves the disturbance of land in connection with land development, such land-disturbing activities shall include, but not be limited to land clearing, grading, filling, and excavation, construction of buildings, utilities, paving and drainage facilities, demolition, and any other land-disturbing process other than for agricultural purposes. (C) Erosion and Sediment Control Standards: The following cc~l site erosion control standards and procedures shall apply to all land-disturbing activities: (1) All cc!! site erosion and sediment control methods to be employed during construction shall be chc':.'n or noted on the plans and included in a Pollution Prevention Plan (PPP) submitted to the ~_.City for a building permit, right-of-way work permit, subdivision improvement, project involving clearing of property of shrub vegetation, and any other land-disturbing activity which requires a permit or approval by the 6_.City. A separate permit shall not be required for cc~! site erosion and sediment control but it shall be ..... ;""'~ .... "~ a condition of approval of any permit .......... ' received for building and construction. (a) Activities approved by the buildinq permit shall be conducted in a manner, which does not cause violations of state and federal water quality standards The permittee shall implement Best Manaqement Practices for erosion and pollution control to prevent violation of state water quality standards. Temporary erosion control shall be implemented prior to and durinq construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barners shall be installed and maintained at all locations where the possibility of transferrinq suspended solids into the receivinq waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and veqetation has been established. Silt screens, hay bales, or other such sediment control measures shall be utilized durinq construction. The selected sediment control measures shall be installed landward of the upland buffer zones around all protected wetlands. All areas shall be stabilized and veqetated immediately after construction to prevent erosion into the wetlands and upper buffer zones. All practices shall be in accordance with the ,quidelines and specifications described in the Florida Stormwater, Erosion, and Sediment Control Inspector's Manual. or latest edition. (2) The developer/owner shall be required to comply with the State Ambient Air Quality Standards, in accordance with Florida Administrative Code Chapter 17-2, Unconfined Emissions, which specifies standards for air quality. (D) Erosion and Sediment Control Methods: (1) In connection with any land-disturbing activity, provision shall be made to control so!! site erosion. Scll Site erosion is considered to occur when ';:!nd b!c':.'n material is carried beyond the site on which such land-disturbing activity is taking place, and is thus deemed to be a pubhc nuisance with respect to the surrounding private properties and public areas. P&Z Board Staff Report ' LDR Amendment- Section 4.6.17 (Erosion, Soil and Dust Control) and Section 6.1.9 (Drainage Systems) Page 3 (2) During such land-disturbing activity, the developer/owner shall be required to control the cc!! site erosion by any means rea~ necessary to contain the ':.'!~d b!c'::~ soil, dust, and sediments within the project site. These methods may include, but are not limited to, the followin.q: leaving a buffer strip of land around the perimeter of the site if the existing vegetation is sufficient to stop the '::!md ~!~'::~ =c!l site erosion, the construction of a sil...~t fence around the entire site, covering loose fill material with fabric or other covering, and wetting down the loose material with moisture emulsions specific for that purpose. (3) Prior to and durinq construction of all sites, the permittee and/or responsible party shall implement and maintain all erosion and sediment control measures (Best Manaqement Practices) included in the PPP, required to retain sediment on-site and to prevent violations of state and federal water quality standards. All practices shall be in accordance with the guidelines and specifications in the Florida Stormwater, Erosion, and Sedimentation Control Inspectors Manual. or latest edition, on file with the City of Delray Beach's Chief Buildinq Official. -- (3~_) After the conclusion of the land-disturbing activity, no disturbed area may be left denuded, and every disturbed area must be covered by mulches such as straw, hay, filter fabric, seed and mulch, sod, or other approved material to the extent necessary to cover otherwise denuded areas, unless the City Engineer determines that the circumstances do not require such covering. Within 60 days after final grade is established on any portion of a project site, that portion of the site shall be provided with established permanent soil stabilization measures according to the original construction plan, whether by impervious surface or landscaping. (5) The permittee and/or responsible party shall correct any erosion that causes adverse impacts to water resources. Sediment accumulation in the stormwater system from construction activities must be removed at the cost of the permittee to prevent a loss of storaqe volume. (6) Construction sites that discharqe directly or indirectly to a Municipal Separate Storm Sewer System (MS4) must have a PPP on-site at all times Section 6.1.9 Drainage Systems: ---- (J) The owner or responsible entity of any land development or redevelopment that discharqes directly or indirectly to a Municipal Separate Storm Sewer System is required to provide for annual inspections, and operation and maintenance of its stormwater manaqement system, to ensure that the system functions as desi,qned and permitted. [IT¥ I]F [IELRI:I¥ BER[H CITY ATTORNEY'S OFFICE DELRAY BEACH Ail. America City 1993 DATE: TO: FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM January 11, 2001 City Comn~o~,~ Brian Shutt, Assistant City Attorney SUBJECT: Property Transfer to Palm Beach County - Widening of Lake Ida Road Palm Beach County has requested that the City deed to the County certain property located at or near the intersection of Lake Ida Road and Barwick Road for the proposed expansion of Lake Ida Road. I have attached three Quit Claim Deeds defining the property that the County has requested from the City. I have also attached a Temporary Construction Easement, for property located at the intersection of Lake Ida and Barwick, that the County has requested from the City. On July 7, 1998 the City Commission had adopted Resolution No. 42-98 in support of the four-laning of Lake Ida Road. The attached memo from Randal Krejcarek further explains the need for the property transfer. The public hearing has been advertised by the City Clerk's Office regarding the transfer of the property. By copy of this memo to David Harden, our office requests that this matter be placed on the January 16, 2001 City Commission agenda for approval of the property transfer to Palm Beach County and the approval of the Temporary Construction Easement. Please call if you have any questions. Attachments CC: David Harden, City Manager Alison Harty, City Clerk Randal Krejcarek, City Engineer 01/12/01 FRI 10:04 FAX 561 243 7314 ENVIRONMENTAL SRV. DEPT. ~ CITY ATTY ~001 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: Randal L. Krejcarek, P.E. DATE: 12-Jan-01 SUBJECT: Lake Ida Road - Military Trail to Congress Ave Widening Project Property Transfer to Palm Beach County Project ~J9-017 Palm Beach County has requested that the City transfers property and grants a temporary construction easement to the County for the widening of Lake Ida Road. The property to be transferred consists of three small parcels, two of which are located on the north side of Lake Ida Road just east of Barwick Road and one which is located on the north east corner of the intersection of Lake Ida Road and Sunflower Avenue. Parcels #105 and #106 are needed in order to construct the right turn lane, onto Barwick Road, for westbound Lake Ida traffic and to provide sufficient rights-of-way to install the exfiitration trench. Parcel #108 is required in order to provide sufficient rights-of-way to install a drainage manhole. In addition, parcel #206 is a temporary construction easement that is also needed to construct the improvements within parcels #105 and #106 above. Please place these property transfer and temporary construction easement requests on the City Commission agenda. Thanks! Richard Hasko, P.E. Barron Caronite, P.E, File 99-017(a) S:lEngAdminiProjects11999199-017V_ETTERStprop xfer 01.doc 01/12/01 FRI 09:06 [TX/RX NO 7719] CONTRACT FOR SALE AND PURCHASE CITY OF DELRAY BEACH, a Florida municipal corporation ("Seller"), and PALM BEACH COUNTY ("Buyer"), hereby agree that the Buyer shall buy and Seller shall sell the following real property ("Property") upon the following terms and conditions: I. DESCRIPTION: As described in Exhibit "A" II. PURCHASE PRICE: Consideration of the expansion of Lake Ida Road III. 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; taxes for year of closing and subsequent years; provided that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for community facility or condominium association recreation use. IV. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller. 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. V. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. VI. 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 from 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: Seller, at Seller's expense, within time allowed to deliver evidence of title and to examine same, shall have the real property surveyed and certified by a registered Florida surveyor to Buyer and Buyer's counsel. 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 current existing and intended use as described herein, title to which is in accordance with Standard A. D. Liens: Seller shall furnish to Buyer at time of closing an affidavit from Seller and from Delray Beach International Tennis Resort, Ltd. attesting to the absence, unless otherwise provided for herein, 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, subcontractors, 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. E. 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 Seller. F. 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. G. Documents for Closing: Seller shah furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, closing statement, and corrective instruments. Buyer shall furnish mortgage, mortgage note, security agreement, and financial statements. H. Expenses: Documentary stamps on the deed shall be paid by Buyer. I. Prorationsl 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 millage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's millage. 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 millage 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 into 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. J. 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. City has no knowledge of any such liens. K. 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 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). L. Escrow: Any escrow agent ("Agent") receiving 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 with 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 su~t 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 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 items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. M. 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 this 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. N. 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 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 if given by or to that party. O. Conveyance: Seller shall convey the property by way of Special Warranty Deed in form attached hereto as Exhibit "5." P. 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 it. R. 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. SELLER: City of Delray Beach By: BUYER: Palm Beach County By: ATTEST: ATTEST: By: By: City Clerk Mayor Printed Name: Title: Approved as to Form: By: City Attorney Approved as to Form: By: County Attorney 4 Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 QUIT-CLAIM DEED THiS QUIT-CLAIM DEED, executed this ~ day of , 200_ by CITY OF DELRAY BEACH, a Florida mun/cipal corporation, and having its principal place of business at 100 N.W. ist Avenue, Delray Beach, Florida 33444, First Party, to: PALM BEACH COUNTY Second Party: (Whenever used herein the term "First Party" and "Second Party" include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporation, whenever the context so admits or requires.) WITNESSETH, that the said First Party, for and in consideration of the sum of Ten ($10.00) Dollars in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said Second Party forever, all the right, title, interest, claim and demand which the said First Party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: Property more particularly described in Exhibit "A" attached hereto and made a part hereof. TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto belonging or anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said First party, either in law or equity, to the only proper use, benefit and behalf of the said Second Party forever. IN wI'rNESS WHEREOF the said First Party has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the day and year first above written. ATTEST: PARTY OF THE FIRST PART CITY OF DELRAY BEACH, FLORIDA By: By:. City Clerk Approved as to Form: David Schmidt, Mayor By: City Attorney LEGAL DESCRIPTION FOR PARCEL 106 ~p_.~[]].~.]~[T 'A' -- A PoRTIO'N OF THE OF SECTION 12, TO.SHIP 46 SOUTH, RANGE 42 EAST, CITY OF DELRAY BEACH. PALM BEACH COIJ~iTY, FLORIDA, BEING MORE PARTICtl ARLY DESCRIBED AS FOLLOW: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH~ST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12: THENCE NBg'34'46"E, ALONG THE EXISTING CENTERLINE O~ LAKE IDA ROAD ( A 93 FOOT RIGHT~F'WAY: 40.00 FEET LYING NORTH OF THE BASELINE AND S3.OO FEET LYING SO~H OF A PARCEL RECORDED IN OFFICIAL RECORD BOOK 3569, PAGE 13, AND THE POINT OF BEGINNING, LYING ON THE NORTHERLY RIGHT.F-WAY LINE OF LAKE IDA ROAD: THENCE CONTINUING NOO'2S'14"W ALONG THE ~ST LINE OF SAID PARCEL, PERPENDIC~AR TO THE NORTHERLY RIGHT.F-WAY LINE. 13.00 FEET; THENCE N89~34'46"E. PARALLEL WITH THE NORTHERLY RIGHT~F'WAY LINE OF LAKE IDA ROAD. 89.S3 FEET; THENCE S79'05'O3"E. 50.87 FEET: THENCE N89'34'46"E, PARALLEL WITH THE NORTHERLY RIGHT~F'WAY 3569, PG 13, SAID LINE ALSO BEING THE ~$T LINE OF LAKE FOREST SO~H AS RECORDED IN PLAT BOOK 43, PAGES 152 TO 153. P~LIC RECORDS OF PALM BEACH LOFTY, F~ORIDA; THENCE SOO"25'14"E ALONG SAID ~ST LINE 3.00 FEET TO THE NORTH RIGHT~F'WAY LINE OF LAKE IDA ROAD; THENCE S89'3A'46"W, ALONG THE NORTH RIGHT.F-WAY LINE OF LAKE IDA ROAD 5~1.34 FEET TO THE ~ST LINE O~ A PARCEL RECORDED IN OF~ICIA~ RECORD BOOK 3569, P~GE 13, AND THE POINT O~ BEGINNING. CONTAINING 2923 SQUARE FEET, MORE OR LESS. I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND THE ABOV~ LEGAL DESCRIPTION ARE TRI~ AND CORRECT TO THE BEST OF MY KNOWI-EDGE AND BELIEF'. I FURTHER CERTIFY THAT THE ATTACHED EASEMENT SKETCH AND ABO~: LEGAL DESCRIPTION MEET THE INTENT OF' THE MINIML.~I TECHNICAL STANDARDS FOR LAND S~YING IN THE STAT~ O~ FLORIDA AS SET FORTH BY THE FLORIDA BOARD O~ PROFESSIONAL ADOPTED IN CHAPTER 61G17~. FLORIDA ADMINISTRATI~ COO~, EFFECTI~ SEPTEMBER 1, 1981. NOT VALID LI~LESS EMBOSSED WITH SI.~V~YORS SEAL. JAME~"~. NOTH 'ESSIONA~ PROI=:,~ SI.RVEYOR AND MAPPER NO. 3~ATE OF FLORIDA LB NO. 6S95 LAKE /DA ROAD PROPOSED R/W PARCEL C oss o, Ds Ei~GI~tEERING & SURVEYING, INC. 1402 ROYAL PALM BEACH BLVD.. SUITE 102 ROYAL PAL~ ~EACH, FLOR[OA ~41t PHONE 561-75]-972] FAX 561-75]-9724 PARCEL 106 LEGAL DESCRIPTION CRESNo. ,,IPBC,o. [ o ,1, o I 1 OF2 Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 QUIT-CLAIM DEED TI-lIS QUIT-CLAIM DEED, executed this ~ day of , 200_ by CITY OF DELRAY BEACH, a Florida municipal corporation, and having its principal place of business at 100 N.W. ist Avenue, Delray Beach, Florida 33444, First Party, to: PALM BEACH COUNTY Second Party: (Whenever used herein the term "First Party" and "Second Party" include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporation, whenever the context so admits or requires.) WlTNESSETH, that the said First Party, for and in consideration of the sum of Ten ($10.00) Dollars in hand paid by the said Second Party, the receipt whereof ~s hereby acknowledged, does hereby remise, release and quit-claim unto the said Second Party forever, all the right, title, interest, claim and demand which the said First Party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: Property more particularly described ia Exhibit "A" attached hereto and made a part hereof. TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto belonging or anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said First party, either in law or equity, to the only proper use, benefit and behalf of the said Second Party forever. IN WITNESS WHEREOF the said First Party has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the day and year first above written. ATTEST: PARTY OF THE FIRST PART CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk Approved as to Form: David Schmidt, Mayor By: City Attorney E~[BIT "A" · t. EGAL DI='SCRIlaTION FOR PARCEL 105 A PORTION OF THE OF SECTION 12, TOWNSHIP 4.6 sOUTH, RANGE 4.2 EAST, CITY OF DELRAY BEACH, PALM BEACH COLJ'qTYo FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHW~:ST CORNER OF THE NORTHWE:ST QUARTER OF THE SOUTHEAST QUARTER OF' SECTION 12; THENCE NBS°3,d,'46"E, ALONG THE EXISTING CENTERLINE OF LAKE: IDA ROAD ( A B3 FOOT RIGHT-OF-WAY; 4.0.00 FEET LYING NORTH OF THE BASELINE AND 53.00 FEET LYING .SOUTH OF THE BASELINE ), 40.01 FEET: THENCE NOI°IS'OS"W, 40.00 FEET TO THE POINT OF BEGINNING, LYING ON THE NORTHERLY RIGHT'OF'WAY LINE OF LAKE IDA ROAD; THENCE N89'34'46"E, ALONG THE NORTHERLY RIGHT~:)F~AY LINE OF LAKE IDA ROAD, 164.80 FEET TO THE EAST LINE AS DESCRIBED IN OFFICIAL RECORD BOOK 3146, PAGE 54: THENCE NOO"2S'14'W, ALONG THE SAID EAST LINE, 13.00 FEET; THENCE.S89'34'46"W, PARALLEL WITH THE NORTHERLY RIGHT~:)F-WAY LINE OF LAKE: IDA ROAD, 140.35 FEET; THENCE N4$*49'OG"W, 35.O9 FEET TO THE EASTERLY RIGHT'OF-WAY LINE OF BARWlCK ROAD AS DESCRIBED IN DEED BOOK IOSB, PAGE zl. 3S, (AN 80.00 FOOT RIGHT"OF-WAY), THENCE SO1'14'3G"E, ALONG THE EASTERLY RIGHT"OF-WAY LINE OF BARWlCK ROAD, 37.65 FEET TO THE POINT OF' BEGINNING. CONTAINING 244.7 SQL,tARE FEET, MORE OR LESS. I HE:RE~,Y CERTIFY THAT THE ATTACHED SKETCH AND THE: ABO~'~: LEGAL DESCRIPTION ARE TRL,~ AND CORRECT TO THE BEST OF MY KNOWI-EDGE AND BELIEF. I FLJRTHER CERTIFY THAT THE ATTACHED ~ASEM~NT SKETCH AND ABO~ LEGAL DESCRIPTION ME~T THE INTENT OF THE MINIM~ TECHNICAL STANDARDS FOR LAND S~YING IN THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL S~YORS AND MAPPERS P~S~NT TO SECTION 472.027, FLORIDA STATUES AND ADOPTED IN CHAPTER 61G17~, F~ORIDA ADMINISTRATI~ CODE, EFFECTI~ SEPTEMBER 1, 1981. NOT VALID L~ILESS EMBOSSED WITH SURVEYORS SEAL. LB NO. 6595 LAKE /DA ROAD PROPOSED R/W PARCEL Caossao,r)s ENGINEERING & SURVEYING, INC. 1402 ROYAL PALM BEACH BLVD., SUITE 102 ROYAL PALM BEACH, FLOR[0A ]3411 PHONE 5&l-T$3-gT2~ FAX $61-T53-9724 PARCEL 105 / FGAL DE$CR/P T/O/V Prel~ared by: RETURN: R. Brian Shun, Esq. City Attorney's Office 200 N.W. Ist Avenue Delray Beach, Florida 33444 QUIT-CLAIM DEED THIS QUIT-CLAIM DEED, executed this ~ day of , 200_ by CITY OF DELRAY BEACH, a Florida municipal corporation, and having its principal place of business at I00 N.W. 1st Avenue, Delray Beach, Florida 33444, First Party, to: PALM BEACH COUN'I~ Second Party: (Whenever used herein the term "First Party" and "Second Party" include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporation, whenever the context so adrmts or requires.) WITNESSETH, that the said First Parry, for and in consideration of the sum of Ten ($10.00) Dollars in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said Second Party forever, all the right, title, interest, claim and demand which the said First Party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: Property more particularly described in Exhibit "A" attached hereto and made a part hereof. TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto belonging or anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said First party, either in law or equity, to the only proper use, benefit and behalf of the said Second Party forever. IN WITNESS WHEREOF the said First Party has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the day and year first above written. ATTEST:. PARTY OF THE FIRST PART CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk Approved as to Form: David Schmidt, Mayor By: City Attorney EXHIBIT LEBAI. DESCRIPTION A PORTION OF TILE: SOI.??HIrAST ORE'QUARTER OF S~'CTION 12. TO'Q/NSHIP 46 SOUTH. RANGE 42 EAST, CITY OP' DE:i. RAY 8EACH, PAL. iQ BEACH COUNTY. FL.ORIDA. B£ING MORE PARTICmm AR/-Y COMMENCING AT THE NORTH~ST CORNE94 OF LoT B, BLOCK 1. PI.AT NO. 1 CHATELAINE: AS RECORDED IN P~.&T BOOK 29. PAaES B4 TO ~5, ~LIC ~[CO~OS OF PALM BEACH LOFTY. FLORIDA, SAID POINT BEIN6 ON ~H[ SO~NE~Y ~I6HT~F~&Y ~IN[ OF bAKE IOA RO&~. & 106 FOOT NiG~T~FMA~, THENCE S8~']4'4~' ~ST A~ON~ THE SObeRlY NI~HT~F~AY ~iN[ OF ~AKE IDA ROAD, ~3.00 F[~T: NOO'2S'14~, ~3.00 F~T TO THE S~H~AST CORN[~ OF A PARCEL AS R~CO~O~O tM OFFICIAL RECORD BOOK ~10. ~A&E 1~4~. SAID PARCEL IS 'NOT INCC~D' IN S~FCO~ - D~L~AY. SECTION QN~. AS R~CORDED IN PL.AT BOOK 31. PAGE 3e, AND THE POINT OF BEGINNING: TH;NeE CONTINUINO NOO'2S'tA' A~ON~ T~ ~T ~IN; OF THE PAR~L 'NOT INC~ED' IN S~FLO~R - O~RAY, SECTION ON~, 13.00 NORTN~LY ~l~H~?~l~ CIN[ ~ LANE ~O& ~o~, ~-O~ ?((T, ~o TH( EAST CIN~ O? THE 'NOT mNCC~(O' IN S~RLO~ - O~RA~ S~CTION ON~; TH(NC( ~'~'~' (. ~3.OO ?~T TO NIQHT~F~Y LIN~ OF LAK~ iDA ROAD, ~6.0 FEET TO THE ~OINT OF BEGINNIN.. CONTilNIN~ 331 SQLJAR6: FIrlTT, MORE OR L.ar:~S. I HEREBY CERTIFY THAT THE: ATTAC6m~D SK£TCH AND THE: ABDV~ LEGAL. DE:SC:~IPTION ARE TN'"~ AND CORRECT TO TH~ ~$T OF MY KNO~ZD~E AND BELIEF. I F~TH~R S~YORS &ND MAPPERS P~S~NT TO S;~ION 472.0~7, K~ORIDA STAT~;S AND ADOPTED IN CHAPT~ 61817m. F~ORIDA ADMINISTRATI~ COD[, EFFECTi~ SEPTEMBER I. 1.el. NOT VAL. iC~ I.NLE:~mS E:MBOSSED IITH SI.~VEYORS SEAl.. I.~ NO. $5~5 LAKE /DA ROAD PROPOSED R/Vii PARCEL I CII. OSSROAD$ PARCEL 108 E,GI,EE,ING & SUmEYING, ant, LEGAL DESCRIPTION J4OZ ROYAL PALM ~ACH ROYAL PALM B~ACH, FLOR[OA PHONE §6, -753-g723 FAX 5Al -7S]-9724 CRES N,a. 99111J eec No. ;OS02 J 01/11/~ I 1OF2 Il/02/00 THU 15:2§ [TX/RX N0 75041 ~W'~R - DgLRA¥. SECT[ON' ON~ i PK ~1 PG. ~ 0 I0' ZO' ~OT ~ PART OF ~ 5UNF~ER - DE~AY, ell ~KE IDA ~OAD B/L SURV~ & C/L CONSTRUCT/ON ORB OFFICI4L RECORD ~0~ ~ CORNER, LOT 8, B~K I I P8 PLAT ~OK B/L BAnff L ~C~08S~OADS~~ 5KETCH OF PARCEL 108 IDA ROAD ~ =,=~,Em,= ~ =u,vm,~,~,c. 5UEFL~ER AVENUE 11/02/00 THU 15:26 [TX/RX NO 7504] Nan~ Rtghc-of*N~y Acqu~sxt~on Section POst O~xce BOx 21229 Addgeas. Post O[~tce Sox 21229 e C NO . 12-~-a6-l~-00-000-50~0 (Corporation) PROJECT NO. 99502 ROAD: LAKE IDA ROAD PARCEL NO: 206 TEMPOI~ARY CONSTRUCTION EASEMENT THIS EASEMENT, made this day of , 2000, between THE CITY OF DELRAY BEACH a Municipal corporation existing under the laws of FLORIDA and having 1ts principal place of business at 100 NW 1s? AVENUE, DELRAY BEACH, FLORIDA as the party of the first part, and PALM BEACH COUNTY, a political subdivision of the State of Florida, as the party of the second part. WITNESSETH: That the party of the first part, for and in consideration of the sum of ONE ($1.00) dollar and other valuable considerations, receipt whereof is hereby acknowledge, hereby grant(s) unto the party of the second part, its successors and assigns, a TEMPORARY CONSTRUCTION easement, over, upon, under, through and across the following described land, situate in Palm Beach County, Florida, to-wit: Property more particularly described in Exhibit "A" attached hereto and made a part hereof. THIS EASEMENT will expire upon the acceptance of construction by the Palm Beach County Board of County Commissioners. It is understood and agreed by the undersigned and the Permittee that th~s portion where sloping and grading work is necessary will be returned to as near as is practically possible the same condition as before. TO HAVE AND TO HOLD THE SAME unto the party of the second part, its successors and assigns. IN WITNESS WHEREOF, the said party ha~ hereto set his hand and seal the day and year f~rst above written. (CORPORATE SEAL) Signed, sealed and delivered in the presence of: (Signature of two witnesses required by Florida law) Witness Typed or printed name of witness Witness CITY OF DELRAY BEACH Typed or printed name of Corporation BY: ITS MAYOR DAVID SCHMIDT Typed or printed name of MAYOR 100 NW 1s? AVENUE DELRAY BEACH, FL 33344 Mailing address Typed or printed name of witness STATE OF COUNTY OF BEFORE ME, the undersigned authority, personally appeared ATTEST: ITS CITY CLERK ALLISON HARTY Typed or printed name of CITY CLERK is/are personally known to me or who have produced as identification and who did/did not take an oath, executed the foregoxng instrument as such Officer(s) on behalf of the said Corporation for the uses and purposes therein expressed. WITNESS my hand and official seal this__day of , 2000. Signed: Notary Public zn and for the County and State aforementioned F:\ROW\RICHARD\TCE-99502 NOTARIAL SEAL .I:.J,J:ILA£1 'LEGAL DESCRIPTION FOR PARCEL 206 A PORTION OF THE OF SECTION 12. TOWNSHIP 46 SOUTH, RANGE 42 EAST. CITY OF OELRAY BEACH, PALM BEACH COL.~TY. FLORIDA. BEING MORE PARTICULARLY OESCRIBED AS FOLLOWS. a COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12; THENCE N 89'34'46" E. ALONG THE EXISTING CENTERLINE OF LAKE ID~ ROAD ( A 93 FOOT RIGHT OF WAY; 40 OD FEET LYING NORTH OF THE BASELINE AND S3 OD FEET LYING SOUTH OF THE BASELINE ), 204.23 FEET; THENCE N 00°25'14" W, 5'3.00 FEET TO THE POINT OF BEGINNING, THENCE N 89°34'46" E, PARALLEL WITH THE NORTH RIGHT OF WAY LINE OF LAKE IDA ROAD, BS 93 FEET; THENCE S 79'05'O3" E, 50.8? FEET: THENCE S 89'34'46" W, PARALLEL WITH THE NORTH RIGHT-OF WAY LINE OF LAKE IDA ROAD, 7B.SS FEET; THENCE N 00'25'14" W, ? OD FEET. THENCE S 89'34'46# W, PARALLEL WITH THE NORTH RIGHT OF WAY LINE OF LAKE IDA ROAD. 78.27 FEET; THENCE N 79'OS'O3# w, 50.87 FEET; THENCE S 89'34'46' W, PARALLEL WITH THE NORTH RIGHT OF WAY LINE OF LAKE lAD ROAD: 90 62 FEET. THENCE S OO'25'1~" E, 7.00 FEET TO THE POINT OF BEGINNING CONTAINING IS3B 32 SQUARE FEET, MORE OR LESS I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND THE ABOVE LEGAL DESCRIPTION ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FLI~THER CERTIFY THAT THE ATTACHED EASEMENT SKETCH AND ABOVE LEGAL DESCRIPTION MEET THE INTENT OF THE MINIMLId TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 's72,O27, FLORIDA STATUTES AND ADOPTED IN CHAPTER 61GI7-6. FLORIDA ADMINISTRATIVE CODE, EFFECTIVE SEPTEMBER I, 198,1, NOT VALID L~LESS EMBOSSED WITH SURVEYORS SEAL. LB NO, 6595 LAKE IDA ROAD TEMPORARY CONS TRUC T/ON EASEMENT (TCE) ~CRossROADS ~ ENGINEERING & SURVEYING, INC 1402 ROYAL PALM BEACH BLVD.. SUITE 102 ROYAL PALM BEACH. FLORIDA 33411 PHONE 561-753-9723 FAX 561-753-9724 PARCEL 206 LEGAL DESCRIP T/Off CRE$ .o 99111PBC No 995021 01/11/00 J $OF2 ORB 3146, PG. 54 POINT OF BEGINNING 20423' N89°JA' 46 38+81.2.1 LT 589 °$4 90.62' 53.00' L T '~ J9 -- POINT OF COI~MENCEI~ENT SW CORNER OF THE NW QUARTER OF THE SE QUARTER OF SECTION 12 TOWNSHIP 46 SOUTH RANGE 42 EAST LEGEND C/L CE/ITERL ORB OFFICIAL RECORD BOOK PB PLAt BOOK PG PAGE 8/L BASE L I#E R/VfRIGHT-OF-WAY o 30' 60' SCALE,l"= 50' ORB. 3569 PG. 13 206 39+71.83 53.00' LT 40+21.73 LT 589°34'46"W 78.27' 45.00' L T 401 , , B/L SURVEY & C/L CONSTRUCTION PROPOSED R/W ACOUISITION 78.96' N89°34'46"E NORTHERLYI R/W LINE , N89°J4'46"E CHATELAINE PLAT NO. 1 PB. 29 PG. 94-95 THIS IS NOT A SURVEY THE CE#rERLI#E OF UV[£ IDA ROAD ~ARS # ~°J4'4~' A/ID ALL OTHER ~ARIEG$ ARE REar,YE r#ERErO. 53.00' LT ? \ 4t+00.00 53Z~0' LT ! of LAKE IDA ROAD TEMPORARY CONS TRUC T/ON EASEMENT (TCE) ~CROSSROADS ~ENGINEEfllNG & SURV£YING, INC 1402 ROYAL PALM BEACH BLVD.. SUITE ROYAL PALM BEACH, FLORIDA P~ONE 5~1-753-972] FAX SKETCH OF PARCEL 206 CR~:SNo99mJPSC~Io995021 Om~ J 20F2