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Agenda Reg 08-20-02City of Delray Beach Regular Commission Meeting Tuesday. Au_m~st 20. 2002 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NW ]st Avenue Delmy Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULg8 FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the fight to limit discussion rests with the Commission. Generally, remarlm 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. 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-agcndaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet/f you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURE8 Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disabihty an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 2. 3. 4. 5. ROLL CAT.T., INVOCATION. PLEDGE OF ~.tJ.~.GIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: August 6, 2002 - Reg-!~? Meeting August 13, 2002 - Special Meeting PROCLAMATIONS: National Alcohol and Drug Addiction Recovery Month - September 2002 PRESENTATIONS: Palm Beach County Film Commission (Bad Boys II/Bird House) - Chuck Elder & David Pitmzo CONSENT AGENDA: City Manager Recommends Approval. Ao INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2002-02: Formally initiate Comprehensive Plan Amendment 2002-02 pursuant to Section 9.2.1 of the Land Development Regulations. REOUEST FOR SIDEWALK DEFERRAL/SEASHEIJ. PROPERTIES. INC.: Approve a request from Seashell Properties, Inc. to defer the insto!!ofion of a sidewalk in front of 1054 Melaleuca Road. Staff recommends approval. RESOLUTION NO. 68-02: Approve Resolution No. 68-02 assessing costs for action necessary to abate nuisances on nine (9) properties throughout the City. Do EMERGENCY SERVICES AGREEMENT/CITY OF BOCA RATON: Approve the acceptance of an Emergency Services Agreement for Emergency Fire/Rescue Mutual Assistance and Automatic Aid with the City of Boca Raton. EMERGENI~iY SERVICES AGREEMENT/CITY OF BOYNTON BEACH: Approve the acceptance of an Emergency Services Agreement for Emergency Fire/Rescue Mutual Assistance and Automatic Aid with the City of Boynton Beach. EMERGENCY SERVICES AGREEMENT/PALM BEACH COLrNTY: Approve the acceptance of an Emergency Services Agreement for Emergency Fire/Rescue Mutual Assistance and Automatic Aid with Palm Beach County. O8-2O-2002 AMENDMENT TO BOARD OF ADJUSTMENT RULES: Approve revisions to the Board of Adjustment Rules incorporating the recently adopted procedures for quasi-judicial hearings. SPECIAL EVENT REOUEST/HOWARD ,P.T..aUN 8TM ~,Ai. DELRAY BEACH CRAFT FESTIVAL: Approve a special event request for the ffh annual Dekay Beach Craft Festival sponsored by Howard Alan Events, Ltd. to be held from 10:00 a.m. until 5:00 p.m. on September 21, 2002 and September 22, 2002, granting a temporary use penmit per I_X)R Section 2.3.6(I-1) for the closure of N.E. and S.E. 4* Avenue, one block north/south of Atlantic Avenue, and the Hand's parking lot for vendor parking, and authorize staff support for police security with the sponsor paying all overtime costs. REVIEW OF APP~LE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 5, 2002 through August 16, 2002. AWARD OF BIDS AND CONTRACTS: Bid award to Republic Construction and Development, Inc. in the amount of $80,794.00 for the replacement of two (2) lifeguard towers. Funding is awil~ble from 334-6112-519-62.14 (General Construction Fund). Purchase award to Comark Government Education Sales in the amount of $33,978.00 for the purchase of six (6) new laptop computers for the Police Department Patrol Officers under State Negotiated Agreement Price Schedule (SNAPS) Contract No. 2501937-2. Funding is available from 115-2112-521- 64.90 (Federal Asset Forfeiture Account). Purchase award to Accris Corporation in the amount of $84,107.00 for the purchase of a network back-up and recovery software and hardware system. Funding is available from 334-6112-519-64.12 (Office Equipment). Purchase award to Presidio Corporation in the amount of $22,939.42 for the purchase of hardware, equipment, and associated installation costs to extend the wireless communication project to Fire Station 3. Funding is available from 334-6112-519-64.90 (Other Machinery/Equipment). REGULAR AGENDA: FILMING AI. ITHORIZATION/BAID BOYS II/BIRD HOUSE: Consider authorizing the closure of A-1-A from Linton Boulevard to Casurina during the actual filming at the Bird House and the use of City owned parking lots/property as needed for the production company parking and base camps. CANCEI.I.&TION OF CONTRACT/ISADORA BRADY: Consider authorizing the cancellation of Contract for Sale and Purchase with the Estate of Isadora Brady due to property rifle issues. -3- 08-20-2002 Co D0 FIRE-RESCI. IE/RECRUITMENT INCENTIVE PROGRAM: Consider adopting a Fire-Rescue Recruitment Incentive Program to compensate City employees for recruitment of candidates hired by the City of Delray Beach. RESOLUTION NO. 6%02: Consider approval of Resolution No. 67-02 establishing the Public Arts Task Force consisting of nine (9) members with a sunset date of April 1, 2003. The City Commission will appoint five (5) members at the September 3~ Commission meeting. SPECIAL EVENT/HEART AND SOUL RUN/WALK: Consider approval of special event request to allow the Heart and Soul Run/Walk sponsored by the Village Foundation and Muzak Heart and Soul Foundation, to be held on September 7, 2002 from 7:30 a.m. until 1:00 p.m., including a temporary use permit per LDR Section 2.4.60-1) for the use of City property and closure of fight-of-way along Ocean Boulevard, and authorize staff support for barricading, signage, traffic control/security, and stage set up/removal; contingent on the sponsors providing a hold harmless agreement and certificate of insurance. 10. PUBLIC HEARINGS: Ao ORDINANCE NO. 36-02: An ordinance rezoning from R-l-AA (Single Family Residential) to RM (Multiple Family Medium Density Residential) for a parcel of land located on the south side of S.E. 5' Street, approximately 160 feet east of S.E. 6* Avenue (Federal Highway) - 622 S.E. 5th Street. Ouasi-Judt'ciMHeating ORDINANCE NO. 33-02 (SECOND READING/SECOND PUBLIC HEARING); An ordinance amending the Land Development Regulations to modify the definition and regulations pertaining to substance abuse treatment facilities and mending Section 4.4.6 Medium Density Residential (RM) district by removing residential alcohol and drug treatment facilities as a conditional use. ORDINANC,]~ NO. 35-02: An ordinance mending the Future Land Use Map (small-scale) from County MR-5 (Medium Residential 5-urdts per acre) to City I.D (Low Density Residential 0-5 du/ac) and armcxation with initial zoning of R-l-AAA (Single Family Residential) for thc Kocser Residence, located on thc west side of Barwick Road, approximately 260 fcct north of thc L-31 canal (13341 Barwick Road). Quas/-Juclt'ct'al (as to zotzhag) Public Heat~ ORDINANCE NO. 34-02: An ordinance mending Chapter 35, "Employee Policies and Benefits" of the City Code of Ordinances by enacting Section 35.056 "Designation of Personnel as Critical to Security". -4- 08-20-2002 11. 12. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOI.LOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. FIRST READINGS: ho ORDINANCE NO. 3%02: An ordinance mending Chapter 110, "Occupational Licenses Generally", Section 110.15, "License Tax Schedule", of the City Code of Ordinances to provide for a five (5) percent increase in all occupational license tax fees effective October 1, 2002. If passed, a public hearing will be scheduled for September 3, 2002. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission -5- 08-20-2002 AUGUST 6~ 2002 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, August 6, 2002. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Jon Levinson Mayor David W. Schmidt Absent - None Also present were - City Manager David T. Harden Assistant City Manager Robert A. Barcinski City Attorney Susan A. Ruby City Clerk Barbara Gadto 2_ The opening prayer was delivered by Reverend Dan Casselberry, Cason United Methodist Church. The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL. Mayor Schmidt noted a correction to Item 8.S.3. Award of Bids and Contracts of the Consent Agenda and stated it should read LWDD L-33 Canal and not the LWDD L-30 Canal. Also, Mayor Schmidt stated the applicant has requested that Item 10.B. Ordinance No. 25-02 and Item 10.B.1 Conditional Use Request be withdrawn from the Agenda. Mr. Levinson commented about Item 8.K., Extension of Occupancy Agreement/Pious Society, and stated at some point the City will have to deliver that land to someone and will not be able to extend the Pious Society's occupancy forever. Mrs. Archer moved to approve the Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 5-- APPROVAL OF MINUTES: Ms. McCarthy moved to approve the Minutes of the Regular Meeting of July 16, 2002, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. e PROCLAMATIONS: 6.A. City of Delra¥ Beach Firefighter Appreciation Week - August 26th September 2, 2002 Mayor Schmidt read and presented a proclamation hereby proclaiming the week of August 26, 2002, through September 2, 2002, as City of Delray Beach Firefighter Appreciation Week. Chief Koen and Michael Wise of the Fire Department came forward to thank the Commission for this recognition. 6.a. Prostate Cancer Awareness Month - September 2002 Mayor Schmidt noted a proclamation hereby proclaiming September 2002 as Prostate Cancer Awareness Month. PRESENTATIONS: 7.Ao Public Arts Task Force - Richard McGloin/Glen Weiss Richard McCloin, Public Arts Task Force~ briefly explained that the purpose of the task force is to identify the methods the City can adopt to incorporate art into future redevelopment projects within the City. A task force is needed to research and identify the best methods to incorporate art into all development, administer the process, set parameters to be used to select the art, and fund this process. Glenn Weiss, Director of Pineapple Grove Artwalk~ gave a brief presentation with slides of various forms of artwork. At this point, Mr. McCloin explained the Public Arts Task Force will consist of five members (5) including a chairperson, an artist, an architect, a landscape architect and developer. Mr. McCloin stated the following additional four staff persons have agreed to an advisory role upon approval by the City Commission: Glenn Weiss, Director of Pineapple Grove Artwalk Nancy Davila, City Horticulturist Joan Goldberg, PB Cultural Council, Director, Art in Public Places Diane Hervey, CRA Staff Mr. McCloin stated they would also welcome a Commissioner to be on the staff if -2- 0 8/06/02 the City Commission so chooses. Mr. Perlman stated he feels this is a great idea and commented that maybe there is some grant money available. Ms. McCarthy stated primary colors look wonderful, however, when the colors start to fade from the sun it actually distracts from the beauty of what is being displayed. Therefore, Ms. McCarthy stated should this Task Force be formed she suggested that they look into the cost of maintenance. Mr. Levinson stated he feels this is great. The City Manager stated when they reach the stage of implementation he suggested to get the public involved as much as possible. Mrs. Archer concurred with comments expressed by the City Manager. Mayor Schmidt suggested that this be advertised so that applicants can apply and asked the City Attorney to draft a resolution for the next regular meeting of September 3, 2002. In addition, Mayor Schmidt gave direction to the City Clerk to work on an application so that the Commission will be in a position to appoint five (5) members at the next regular meeting of September 3, 2002. It was the consensus of the Commission to advertise for applicants for the Public Arts Task Force and authorize the City Attorney to draft a resolution for the next regular meeting of September 3, 2002. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting of July 18, 2002. 8.B. RESOLUTION NO. 39-02/ABANDONMENT OF UTILITY EASEMENT/BLOCK 36: Approve the abandonment of a 16-foot utility easement within Block 36, less the west half (W.1/2) of the 16-foot utility easement lying east of and adjacent to the east line of Lots 16 through 21, located on the north side of West Atlantic Avenue, between rd th~ N.W. 3 Avenue and N.W. 4 Avenue. The caption of Resolution No. 39-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ALL OF THE 16-FOOT UTILITY EASEMENT LYING WITHIN BLOCK 36 (REVISED PLAT OF BLOCK 36), -3- 08/06/02 TOWN OF DELRAY, DESCRIBED HEREIN. AS MORE PARTICULARLY (The official copy of Resolution No. 39-02 is on file in the City Clerk's office.) 8oCo west alley and between N.W. RESOLUTION NO. 66-02: Approve Resolution No. 66-02 abandoning the east- a portion of the north-south alley within Block 28, Town of Delray Plat, located 4th Avenue and N.W. 5th Avenue. The caption of Resolution No. 66-02 is as follows: A RESOLUTION OF THE CITY COMMISISON OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDOINING A PORTION OF THE ALLEY RIGHT-OF- WAY (ROW) LOCATED IN THE SOUTH HALF OF BLOCK 28, PLAT OF THE TOWN OF LINTON (NOW DELRAY), AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 66-02 is on file in the City Clerk's office.) 8.D. ACCEPTANCE OF A RIGHT-OF-WAY DEED/PROSPERI: Approve and accept a right-of-way deed with Mr. and Mrs. Prosperi regarding construction of a warehouse located adjacent to Wallace Drive, just south of Georgia Avenue. 8.E. FINAL SUBDIVISION PLAT APPROVAL/ATLANTIC GROVE: Approve the subdivision plat for Atlantic Grove, located just north of West Atlantic Avenue, between N.W. 5th Avenue and N.W. 3rd Avenue. 8.F. HAMMOCK RESERVE HOMEOWNERS' ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT: Approve an agreement between the City and Hammock Reserve Homeowners' Association allowing the Delray Beach Police Department to enforce local and state traffic laws on its property. 8.G. CITY OF DELRAY BEACH/PALM BEACH COUNTY FUNDING AGREEMENT: Approve an agreement between the City and Palm Beach County in an amount not to exceed $250,000.00 for the Southwest Area Improvements Project. 8.H. AMERICAN SOCIETY OF COMPOSERS~ AUTHORS~ AND PUBLISHERS (ASCAP)/LICENSE AGREEMENT: Approve a license agreement between the City and the American Society of Composers, Authors, and Publishers, (ASCAP) for local government protection regarding copyright infringement, when music is played at public venues. 8.I. 2002 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG): Approve acceptance and the proposed allocation of the 2002 Local Law Enforcement Block Grant in the amount of $172,320.00 with a City match of funds in the amount of $19,145.00 for a total amount of $191,465.00. -4- 08/06/02 g.J, MODIFICATION TO DEP CONTRACT FOR FUNDING RELATING TO THE YEAR 2002 BEACH NOURISHMENT PROJECT: Approve a reduction in the Florida Department of Environmental Protection (DEP) contract #99PB2 in the amount of $120,000.00 for the construction phase of the Beach Nourishment Project. 8.K. EXTENSION OF OCCUPANCY AGREEMENT/PIOUS SOCIETY: Approve the Pious Society's request to extend their occupancy on City-owned property until October 31, 2002; contingent upon the accessibility of the property to the City and its authorized designees for inspections, required studies, and tests. 8.L. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FUNDING/RECLAIMED WATER SYSTEM EXPANSION: Authorize funding in the amount of $24,000.00 to South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) for preparation of a federal funding request package regarding the Reclaimed Water System Expansion project. Funding is available from 441-5181-536-63.95 (SCRWTB Reuse System Expansion). g.M, AMENDMENT TO BOARD OF CONSTRUCTION APPEALS RULES: Approve revisions to the Board of Construction Appeals Rules incorporating the recently adopted procedures for quasi-judicial hearings. 8.N. AMENDMENT TO HISTORIC PRESERVATION BOARD RULES: Approve revisions to the Historic Preservation Board Rules incorporating the recently adopted procedures for quasi-judicial heatings. 8.0. CODE ENFORCEMENT BOARD RULES: Approve revised General Rules of Procedure for the Code Enforcement Board as adopted by that board on May 14, 2002. 8.P. RESOLUTION NO. 64-02 / RESOLUTION NO. 65-02: Consider approval of Resolution No. 64-02 and Resolution No. 65-02 authorizing the City to purchase properties for drainage retention located in the 400 block of S.W. 7th Avenue, and Contract for Sale and Purchase between the City and Alan Klasfeld in the amount of $13,500.00 per lot. The caption of Resolution No. 64-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, DESCRIBED SUB OF SECTION 20-46-43, NORTH 50 FEET OF THE SOUTH 200 FEET OF THE EAST 140 FEET OF THE WEST 305 FEET OF THE NORTH ½ OF LOT 1 LOCATED ON SW 7TM AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY IINCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN ALAN KLASFELD AND THE -5- 08/06/02 CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 64-02 is on file in the City Clerk's office.) The caption of Resolution No. 65-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, DESCRIBED SUB OF SECTION 20-46-43, NORTH 50 FEET OF THE SOUTH 150 FEET OF THE EAST 140 FEET OF THE WEST 305 FEET OF THE NORTH V2 OF LOT 1 LOCATED ON SW 7th AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN ALAN KLASFELD AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 65-02 is on file in the City Clerk's office.) 8.Q. HOUSING REHABILITATION GRANT,CONTRACT AWARD: Approve cancellation of Housing Rehabilitation grant\contract award to South Florida Construction (44 NW 8th Avenue) and authorize the Purchasing Division to liquidate the balance of the purchase order. g.R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 15, 2002 through August 2, 2002. 8oS. AWARD OF BIDS AND CONTRACTS: e e Purchase award to DGG Taser Company (sole provider) in the amount of $46,663.80 for the purchase of sixty (60) M-26 Advanced Air Tasers for the Police Department. Funding is available from 115-2112-521-49.90 (Federal Asset Forfeiture Account). Purchase award to Lawmen's and Shooters' Supply, Inc. in the amount of $19,547.22 for the purchase of forty-five (45) Stinger Spike Systems and twenty-five (25) repair kits for newly purchased vehicles under the Police Department's "Take Home Vehicle Program". Funding is available from 115-2112-521-49.90 (Federal Asset Forfeiture Account). Contract award to Johnson-Davis, Inc. in the amount of $745,000.00 for the LWDD L-30 Canal Culvert. Funding is available from 334-6120-519- 63.90 for $706,000.00 (General Construction Fund/New High School Site/Other Improvements) and 442-5178-536-63.50 for $39,000.00 -6- 08/06/02 (Water/Sewer Renewal & Replacement/Water Mains). Mr. Levinson moved to approve the Consent Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. RE GULAR AGE NDA: 9.A. CONDITIONAL USE REQUEST/PALADIN ACADEMY: Consider a request for conditional use approval to allow the establishment of a private school, Paladin Academy within Lake Ida Plaza, located at thc southwest comer of Lake Ida Road and Congress Avenue. (Quasi-Judicial Hearing) The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. Mayor Schmidt asked the Commission to disclose any ex parte contacts. Mrs. Archer had no ex parte contacts. Mr. Perlman, Mayor Schmidt, Ms. McCarthy, and Mr. Levinson stated they each had a brief telephone conversation with Mr. Weiner this afternoon. The City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2002-264 into the record. At its meeting of June 18, 2002, the City Commission approved a Land Development Regulation text amendment to allow Private schools and other similar educational facilities as a conditional use in the PC (Planned Commercial) zoning district. At its meeting of July 15, 2002, the Planning and Zoning Board held a public heating in conjunction with the request and no one from the public spoke. At%r discussing the proposal, the Board unanimously voted to recommend approval of the private school. The recommendation for approval included a waiver from the minimum outdoor play area requirement and conditions as listed in the City Commission documentation report. Michael Weiner, speaking on behalf of the applicant Nobel Learning Communities, Inc., stated the application is to allow a private school within the shopping plaza consisting of 6,153 square feet of indoor space and 5,500 square fcct of outdoor play area. Mr. Weincr stated the applicant agrees with all of the conditions which are set forth by staff and Planning and Zoning. For example, Mr. Wcincr stated there will be no more than 100 students enrolled in thc school, hours of operation are from 8:00 a.m. until 5:00 p.m., and noted that the peak times of activity for the school (pickup and drop off) are those times during which the -7- 08/06/02 shopping center is least utilized. Mr. Weiner continued to state that originally private schools were not allowed in the PC Zoning District and thus the Commission amended its zoning regulations to allow for this kind of use within the PC Zoning District and this is the reason for the conditional use request. Mr. Weiner stated three Performance Standards are all met (consistent with the Future Land Use Map, the appropriate levels of concurrency are met, and there is a finding of overall consistency with the Comprehensive Plan). Mr. Weiner entered into the record the Objectives and Policies that are set forth in the Comprehensive Plan which backup this particular use. In addition, Mr. Weiner stated Section 2.4.5(E)(5) of the Land Development Regulations has two standards which have to be met. Those two standards being "that the use will not have a significantly detrimental effect upon the stability of the neighborhood within which it will be located and that the use will not hinder development or redevelopment of nearby properties." Mr. Weiner stated both of these standards are met. Mr. Weiner noted that there will be no more than 25 students allowed in the outdoor play area at any one time. Therefore, Mr. Weiner stated they will not have less than 75 square feet available to each student in the play area. Since all the conditions for both the conditional use and the waiver are met, Mr. Weiner asked for the approval of the Commission. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to speak in favor or in opposition of this application, the public hearing was closed. There was no cross-examination or rebuttal. Ms. McCarthy asked if anyone has had any communication with the day care center with regard to the egress and ingress. With regard to the transportation, Ms. McCarthy stated she recalls brief discussion about the back of the plaza on the north side. Mr. Weiner stated the back of the plaza will be utilized for the purpose of parking the buses only. Dennis Kelly, Vice President of Special Education of Paladin Academy, stated the egress for the day care center is at thc back and thc egress for Paladin Academy is at the front and does not anticipate a conflict. Mr. Kelly noted thc hours of operation for the day care will be from 6:00 a.m. until 6:00 p.m. Mr. Perlman commented Nobel reputation and he feels this is a great addition. applicant for making this happen. Learning Communities, Inc. has a good Furthermore, Mr. Perlman commended the Mrs. Archer stated she feels this is a very creative use of an existing property and commented that this is a good location for the private school. Mr. Levinson moved to approve waiver and the conditional use request for a private school for Paladin Academy based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the LDR's, and the Goals, Objectives and Policies of the Comprehensive Plan, subject to the four conditions as listed on page two of the City Commission documentation report, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; -8- O8/06/02 Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.B. CONDITIONAL USE REQUEST/JOURDAN'S BRIDGE CLUB: Consider a request for conditional usc approval to allow the establishment of Jourdan's Bridge Club within a 5,000 square feet bay of the Delray Square Phase II Shopping Center, located on thc cast side of Military Trail, approximately 650 feet north of Atlantic Avenue. (Quasi-Judicial Hearing) The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. Mayor Schmidt commented that Mr. Dorling has already been sworn in (Item 9.A.) and asked if there is anyone from the public who wishes to address the Commission on this item, to please come forward and be sworn in. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2002-263 into the record. The conditional use request is to establish Jourdan's Bridge Club within the Delray Square II Shopping Plaza. The use falls within the category of Clubs and Lodges and therefore is a conditional use in the LDR's under the General Commercial (GC) zoning district. The business will occupy 5,000 square feet within one bay at the east end of the shopping center, immediately to the north of the South Palm Beach County Jewish Federation. Business hours will be from 10:00 a.m. until 4:00 p.m. and between the hours of 7:30 p.m. to 10:30 p.m. Monday through Thursday for tournament play. The maximum capacity of the facility will be 238 people at 58 tables. At its meeting of July 15, 2002, the Planning and Zoning Board voted unanimously 7-0 to recommend approval of the conditional use. Mayor Schmidt declared the pubic hearing open. There being no one who wished to address the Commission regarding the Conditional Use Request, the public hearing was closed. Mrs. Archer moved to approve the conditional use request subject to the maximum capacity and hours of operation as set forth in the Planning and Zoning staff report, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. -9- 08/06/02 9.C. FINAL SUBDIVISION PLAT APPROVAL/CRUZAN CORNER: Consider approval of the subdivision plat for Cruzan Comer, located just south ofN.W. 7th Street, between N.W. 4th Avenue and (abandoned) N.W. 3rd Avenue. Mayor Schmidt stepped down due to a conflict of interest and passed the gavel to Vice-Mayor Perlman. Mr. Levinson moved to approve the preliminary plat for Cmzan Comer based upon positive findings with respect to Section 3.1.1, Section 3.2.3 and Objectives and Policies of the Comprehensive Plan, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Vice-Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.D ROOTS CULTURAL FESTIVAL: Consider a request to allow the Roots Cultural Festival, Inc. to charge a fee for the use of parking in the lots on the north side of City Hall on August 10, 2002 and August 11, 2002. Mayor Schmidt returned to the dais. Robert A. Barcinski, Assistant City Manager, stated this is a request from Tommy Stevens, Executive Director of the Roots Cultural Festival, to allow representatives of Roots and MAD DADS Youth Drill Team to charge a fee of $5.00 per day to park for the Roots Cultural Festival in the City Hall parking lots for August l0th and 1 l th during the event which will be held at Old School Square. Mrs. Archer asked if the City has ever allowed someone to use a City lot and charge for parking. In response, Mr. Barcinski stated he believes the City may have charged for some of the tennis tournaments and have charged for parking before on occasion. Mr. Levinson moved to approve allowing the Roots Cultural Festival, Inc. to charge a fee of $5.00 per day for the use of parking in the lots on the north side of City Hall on August 10, 2002, and August 11, 2002, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer- Yes. Said motion passed with a 5 to 0 vote. 9.E. LICENSE AGREEMENT/BAKA ENTERPRISES~ INC: Consider approval of a license agreement with BAKA Enterprises, Inc. for the use of Tennis Center Stadium, Clubhouse, and Commtmity Center from 9:00 a.m. on September 27, 2002 through 6:00 p.m. on September 30, 2002. Robert A. Barcinski, Assistant City Manager, stated this is a License Agreement for BAKA Enterprises, Inc. to hold a boxing event on September 28, 2002, utilizing the Tennis Center Stadium, the Clubhouse and Community Center from 9:00 a.m. September 27th through 6:00 p.m. on September 30th. BAKA Enterprises, Inc. will be responsible for managing the event, promotion, advertising, set-up of the boxing ring, ticket sales, and concessions. Mr. Barcinski stated BAKA Enterprises, Inc. held a similar event at our site on May 25, 2002. The net profit to the City for that event was $5,095 and the estimated net profit for this event is -10- O8/06/02 $9,250. The City Manager commented the City's site management staff has had discussions with Baka Enterprises, Inc. regarding marketing of the previous event and they are expected to do a much better job this time. Mayor Schmidt stated he has received comments from people who have felt the ticket price is rather exorbitant for the quality of the boxing that went on at the event and suggested that this be looked into for attendance purposes. Mr. Levinson expressed concern over all the fees which are required to be paid to the City seventy-two (72) hours prior to the event. With regard to leasing the City's facilities for future events, Mr. Levinson suggested that there be some performance bond or other methodology possibly earlier than the seventy-two (72) hours with the final payment to be paid within the seventy-two (72) hours. With regard to the description about the use of the building, Ms. McCarthy asked if this includes the ticket booth as well. Mr. Barcinski stated that BAKA Enterprises, Inc. would also be able to utilize the ticket booth. Ms. McCarthy expressed concern over someone maybe having the clubhouse reserved for this day. Mr. Barcinski stated he is certain that the clubhouse is available and commented that no other events are being held the day of the boxing event. Ms. McCarthy stated she feels there should be some type of deposit to hold that particular date for the facilities once it has been contract assigned. Mr. Perlman inquired if there are any name boxers scheduled to box for this event. Mr. Barcinski stated he has not seen a list of boxers yet for this event. Mrs. Archer moved to approve the License Agreement with BAKA Enterprises, Inc. for the boxing event proposed to be held at the Tennis Stadium on September 28, 2002, from 6:00 p.m. until 11:00 p.m., seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.F. ARCHITECT/MUNICIPAL GOLF COURSE: Consider authorizing contract negotiations with Ward Northrup to provide architectural services for needed improvements at the Municipal Golf Course. Robert A. Barcinski, Assistant City Manager, stated this is a request to authorize staff to proceed with contract negotiations with Ward Northrup to provide architectural services for improvements needed at the Municipal Golf Course. Mr. Perlman inquired about the cost to do greens and irrigation. Mr. Barcinski stated that cost to do greens, irrigation, and remove a portion of the first tee and portion of the employee parking lot is estimated to cost approximately $900,000 (if greens are rebuilt from the bottom up). -11- 08/06/02 Mrs. Archer moved to approve authorizing contract negotiations with Ward Northrup to provide architectural services for needed improvements at the Municipal Golf Course, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 33-02 (FIRST READING/FIRST PUBLIC HEARING}: An ordinance amending the Land Development Regulations to modify the definition and regulations pertaining to substance abuse treatment facilities and amending Section 4.4.6 Medium Density Residential (RM) district by removing residential alcohol and drug treatment facilities as a conditional use. If passed, a second public hearing will be scheduled for August 20, 2002. Prior to consideration of passage of this ordinance on First Reading/First Public Hearing, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 33-02: 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 REPEALING SECTION 4.3.3(D), "RESIDENTIAL AND NON-RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES" AND ENACTING A NEW SECTION 4.3.3(D), "SUBSTANCE ABUSE TREATMENT FACILITIES", PROVIDING A DEFINITION AND ESTABLISHING A MINIMUM CRITERIA FOR SUBSTANCE ABUSE TREATMENT FACILITIES, ADDRESSING THE EFFECTIVE DATE FOR EXISTING SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.3.3(I), "COMMUNITY RESIDENTIAL AND GROUP HOMES" TO EXCLUDE CERTAIN SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.4.6 "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", BY REMOVING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) -12- 08/06/02 DISTRICT," SUBSECTION 4.4.13 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.4.16, "PROFESSIONAL AND OFFICE (POD) DISTRICT," SUBSECTION 4.4.16 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT," SUBSECTION 4.4.17 (D), "CONDITIONAL USES AND STRUCTURI~S ALLOWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT," SUBSECTION 4.4.21(D), CONDITIONAL USES AND STRUCTURES ALLOWED", BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)," SUBSECTION 4.4.24 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SUBSECTION 4.6.9 (C), "NUMBER OF PARKING SPACES REQUIRED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING APPENDIX "A", "TERM AND DEFINITION," BY REPEALING THE DEFINITIONS OF "NON-RESIDENTIAL SUBSTANCE ABUSE TREATMENT FACILITY," "RESIDENTIAL TREATMENT FACILITY," AND "SUBSTANCE ABUSE" IN THEIR ENTIRETY AND ADDING THE DEFINITION OF "SUBSTANCE ABUSE TREATMENT FACILITY"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 33-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public heating was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. -13- 08/06/02 Paul Dorling, Director of Planning and Zoning, stated the changes included to modify the current location restrictions of 1200 feet from public and private, elementary, middle and secondary schools to 1,000 feet to be consistent with the State Statute. The amendment also involves changing the definition of substance abuse treatment facilities, and accordingly renaming residential and non-residential alcohol and drug abuse treatment facilities to substance abuse treatment facilities throughout the LDR's. The largely substantial item of this amendment involves removing treatment facilities fi.om the RM (Medium Density Residential) zoning district, as a conditional use. Mr. Doffing stated the drug abuse facilities are allowed as a conditional use in business and commercial districts as well as OSSHAD and RO (Residential Office) and RM (Medium Density Residential). At its meeting of July 15, 2002, the Planning and Zoning Board held a public hearing regarding this item and after discussing the text amendment, the Board voted 7-0 to recommend approval of the proposed text amendment based upon positive findings with respect to LDR Section 2.4.5(M), with associated grammatical changes as determined by the City Attorney. Mayor Schmidt declared the public hearing open. Sandra Allan~ 2553 Bessie Street, Delray Beach, stated some of the residential homes in her community are being bought and rented by large alcoholic groups. Ms. Allan stated a substance drug abuse facility belongs in a medical zoned area not next to schools or in residential communities. Furthermore, Ms. Allan commented about apartments on the comer of Linton Boulevard and stated originally these apartments in the fi.om were only supposed to be for people to live in and rent. Ms. Allan stated according to the City code there was only supposed to be a certain percentage that would be utilized for that purpose and now these apartments are being used 100 percent for that purpose. Carolyn Zimmerman, 212 S.W. 2n~l Avenue, Delray Beach, and President of the Presidents Council, feels this is bad for the communities and hopes this ordinance is something that is going to eliminate these types of facilities fi.om residential areas and stated she would appreciate the help of the Commission. Gloria Elliott, 345 S. Swinton Avenue~ Delray Beach, stated she lives in the hub of the rehab section and commented that many of these homes are being purchased within approximately 1 ½ weeks. Ms. Elliott stated the City should limit the number of drug treatment facilities if there is going to be a designated section of town for them. Furthermore, Ms. Elliott suggested that the Fire Department properly check these properties for smoke detectors, etc. Bunny Elrod, 302 S.W. 1st Avenue~ Delray Beach, stated if Boca Raton can have a strong enforcement law and if Boynton Beach can put their facilities in a business park, why is Delray Beach the only City that disperses these houses among residential neighborhoods. Ms. Elrod stated she does not understand why every other town appears to be able to control it. John Bennett, 137 Seabreeze Avenue, Delray Beach, stated he feels it is great that staff has moved forward on this new legislation and stated he would like the assurance that -14- 08/06/02 this is the maximum rate the new legislation gives us. Mr. Bennett stated that Boca Raton seems to have stricter requirements and suggested that staff review the landlord regulations. There being no one else who wished to address the Commission regarding Ordinance No. 33-02, the public hearing was closed. Mayor Schmidt commented that according to the newspaper articles it appears that Boca Raton is prohibiting these facilities in residential areas. Mr. Dorling stated Boca Raton is allowing these types of facilities in motel/hotel districts. The City of Delray is currently allowing them in commercial and office districts. These facilities are allowed in RM (Medium Density Residential) and are not allowed in single family districts. Mr. Dorling stated these facilities are being taken out of all residential districts. He further stated OSSHAD (Old School Square Historic Arts District) and RO (Residential Office) is currently allowed as conditional uses and are not being proposed to remove them because they are mixed use districts. Mr. Dorling stated the definition has changed to say that they can be residential in nature only and there would be no on-site drug counseling going on but they would still be considered by definition substance abuse. The City Attorney stated it does comport with the new State law and is identical in that regard to the Boca Raton ordinance. Mr. Dorling commented the Statute also gives 18 months to comply and the Health Department will not issue the required permits until they get a letter from the City saying that they have the proper zoning in place. Furthermore, Mr. Dorling commented that when the 18 months approaches, all the existing facilities that require licensing from the Department of Health would need to move. Mrs. Archer commented that the Drug Task Force made a recommendation that the Commission approve this ordinance and enforce a rental permit requirement that requires anyone who rents their property to obtain a permit. One of the things this will do is at the end of 18 months it will force a sober house or residential facility to declare itself either as a residential facility (which requires licensing) or if they are not, they will require a license which means they are subject to meeting all of the requirements for eviction that any rental would have to meet. Mrs. Archer continued to state this may help to regulate some of these homes that have been unregulated to this point and will also put the City in a position to put them on notice and monitor the number of people they have living in a residence. Mrs. Archer reiterated that the Drug Task Force would like to see more enforcement of this and that if Code Enforcement discovers that there is a problem with either the number of people or the way that they have handled an eviction, that we as a City send them a notice that they are in violation of the law and requirements. Mr. Levinson stated this is a good step forward particularly with making the City of Delray Beach in compliance with State law. Mr. Levinson stated he had a discussion with Dave Freudenberg, Boca Raton Cotmcil Member, and it appears that the City of Boca Raton and the City of Delray Beach are much closer together now in concept in the different pieces of what -15- O8/06/02 we can do. Mr. Levinson suggested the City of Delray Beach "pow-wow" officially with the City of Boca Raton's Planning Department and legal staff to make sure we are going far enough. Mr. Levinson suggested that the City of Delray Beach enforce the landlord permits and work with the City of Boca Raton and the City of Boynton Beach to make sure everyone is in concun'ence. Mr. Perlman stated he feels this is a good first step and agrees that the City of Delray Beach should continue to work with the City of Boca Raton. Mr. Perlman commented he would eventually like to go further and see the use taken out of the RO (Residential Office) and the OSSHAD zoning districts. Mr. Levinson commented that there has to be some place for these facilities to be and the City has provided for that in certain districts but asked where the City draws the line. The City Attorney recommended that the ordinance be passed and then take a look into applying this to the RO (Residential Office) and the OSSHAD district. Mrs. Archer concurred with the City Attomey and suggested that the other districts be reviewed at a later date. Ms. McCarthy asked what the zoning is for drug abuse facilities. In response, Mr. Dorling stated that the zoning is CF (Community Facilities). Ms. McCarthy asked if it is possible that many of these types of facilities have some type of office or administration use so is that was one of the reasons why RO was one of the zonings the City attempted to have. Mr. Dorling explained that there are facilities which have an office component and there are other facilities like the ones that have occurred in RM which are strictly residential. Ms. McCarthy stated she thought most of the citizens' complaints were the fact that these types of facilities were appearing in residential areas and commented when these are placed in an RM zoning district many people are not even aware of it. Ms. McCarthy stated she was under the impression that Ordinance No. 33-02 would help to deter this from happening in residential areas. For clarification, Mr. Dorling reiterated in 18 months all facilities are required to provide verification from the municipality that they are allowed to be located where they are located and then there would be licenses issued based upon that letter. If facilities located in the RM zoning district come to the City and ask for a letter, the City will provide them one as they are not allowed in the RM district and therefore they would not receive the necessary licensing to continue. Brief discussion continued by the Commission. After discussion, it was the consensus of the Commission to review this in 18 months. Mrs. Archer moved to adopt Ordinance No. 33-02 on FIRST READING/FIRST PUBLIC HEARING, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; -16- O8/06/02 Mayor Schmidt - Yes. Said motion passed with a 5-0 vote. 10.B. ORDINANCE NO. 25-02: An ordinance adopting a Future Land Use Map Amendment (Small-Scale) from CMR (Commerce) in part and GC (General Commercial) in part to CMR (Commerce) and rezoning from MIC (Mixed Industrial and Commercial) in part and GC (General Commercial) in part to MIC (Mixed Industrial and Commercial) for a 1.80 acre parcel of land located at the northwest comer of West Atlantic Avenue and Interstate-95 known as Depot Square Historic Site (former train station - 80 Depot Avenue). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public heating has been scheduled to be held at this time. Quasi-judicial (as to zoning) Public Hearing The City Manager presented Ordinance No 25-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM CMR (COMMERCE) IN PART AND GC (GENERAL COMMERCIAL) IN PART TO CMR (COMMERCE) ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT AND MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT TO MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE NORTHWEST CORNER OF WEST ATLANTIC AVENUE AND INTERSTATE-95 (FORMER TRAIN STATION DEPOT), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, FEBRUARY, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 25-02 is on file in the City Clerk's office.) Mayor Schmidt stated this item has been withdrawn by the applicant. 10.B.1. CONDITIONAL USE REQUEST: Consider a conditional use request to allow the establishment of a monument and ornamental stone cutting facility for Natural Stone Fabrication, located at the northwest comer of West Atlantic Avenue and Interstate-95 (known as Depot Square Historic Site). Quasi-Judicial Hearing Mayor Schmidt stated this item has been withdrawn by the applicant. 10.C. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN (FY 2002 - 2003): Consider approval of the Community Development Block -17- 08/06/02 Grant (CDBG) Annual Action Plan required by the Housing & Urban Development (HUD) Department of the United States for utilization of grant funds. 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. Lula Butler, Director of Community Development, explained that this item before the Commission is the Community Development Block Grant (CDBG) Annual Action Plan required by the Housing & Urban Development (HUD) Department of the United States for utilization of grant funds. Ms. Butler stated the Action Plan is required for the CDBG dollars and also lists all grant dollars which are anticipated to be available to the City for fiscal year 2002-2003. For the record, Ms. Butler stated the total amount ($3,160,739) incorporates the anticipated Section 108 Loan, SHIP dollars, UDAG repayment, and CRA dollars that are administered for some residential and businesses. Ms. Butler stated an Annual Needs Assessment Meeting was held on May 16, 2002, at Pompey Park to get public input and commented there was little. Ms. Butler stated that the proposed use of dollars was advertised in a local newspaper and received one set of written comments from Dorothy Ellington, Director of the Delray Beach Housing Authority. Ms. Butler stated the City advertised that the Annual Action Plan was available at the Delray Beach Library. Mr. Perlman commented that he, Commissioner Archer, and Commissioner Levinson all attended the meeting and stated it went very smoothly because many of the sub- recipients were there. Mr. Perlman stated a question was brought up as to whether there was support of Haitian families and noted it was pointed out that many of the organizations that are receiving monies involves many Haitian families and the Haitian community. Ms. McCarthy commented that there is an energy that has begun to evolve which everyone can be very proud of. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Perlman moved to approve the Community Development Block Grant (CDBG) Annual Action Plan (FY 2002-2003) required by the Housing & Urban Development (HUD), seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 31-02: An ordinance annexing eleven parcels of land (54.5 acres) located north of Lake Ida Road, between Barwick Road and Military Trail. 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 31-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY -18- 08/06/02 OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED SOUTH OF THE L-30 CANAL, BETWEEN BARWICK ROAD AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAD LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31-02 is on file in the City Clerk's office.) The City Attomey read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated the property is 54.5 acres and has a variety of existing land uses including single family, vacant, and agricultural/commercial. The subject properties are currently located in unincorporated Pall Beach County within the City's Planning Area (Future Annexation Area, Area E). The property consists of eleven (11) parcels of land which are currently owned by the City of Delray Beach and are being processed as voluntary annexations. The proposal is to annex these properties into the City and maintain their current County Zoning of AR (Agricultural Residential) and CHO/8 (Commercial High Office - 8 units/acre) and maintain their County Future Land Use Designation of MR5 (Medium Density Residential, 5 units/acre) and CG (General Commercial) until the processing of Comprehensive Plan Amendment 2002-1. Mr. Dorling stated positive findings can be made with respect to LDR Section 2.4.5(C)(4) in that the annexation is consistent with Future Land Use Element Objective B-3, and that it complies with Florida Statute Chapter 171.044. At its meeting of May 20, 2002, the Planning and Zoning Board considered the request at a public heating. After reviewing the staff report and discussion, the Board voted 6 to 0 (Randolph absent), to recommend approval of this annexation. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding the annexation, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 31-02 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. -19- 08/06/02 10.E. ORDINANCE NO. 32-02: An ordinance annexing a 34.6 acre parcel, the Winterplace Subdivision (now known as The Colony at Delray Beach), located at the southeast corner of Military Trail and the LWDD L-30 Canal. 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 32-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER OF THE L-30 CANAL AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, PROVDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 32-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated the property is 34.6 acres and is known as the plat of Winterplace which will contain 151 zero lot line single family homes. This annexation is being processed as a voluntary annexation, pursuant to a water service agreement dated March 8, 2000. The water service agreement contains a clause that states the property owner agrees to annex into the City, when the project becomes eligible for annexation. Mr. Dorling stated a Future Land Use Map amendment and zoning is being processed separately with the Comprehensive Plan Amendment 2002-1 in order to establish the initial City zoning of PRD (Planned Residential Development), and City Future Land Use Designations of LD (Low Density, 0-5 units/acre). Mr. Dorling stated positive findings can be made with respect to LDR Section 2.4.5(C)(4) in that the annexation is consistent with Future Land Use Element Objective B-3, and that it complies with Florida Statute Chapter 171.044. In addition, Mr. Dorling noted that with annexation of this property the future building permits that are not under construction will then come to the City for their building process. At its meeting of May 20, 2002, the Planning and Zoning Board considered the request at a public hearing. After reviewing the staff report and discussion, the Board voted 6 to 0 (Randolph absent) to recommend approval. -20- 08/06/02 Mayor Schmidt declared the public heating open. There being no one fi.om the public who wished to address the Commission regarding the annexation, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 32-02 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the Public. 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. In response to several concerns expressed by Mr. Franciosa relating to the relocation of Atlantic High School and soccer complex, the City Manager stated the City is using a line of credit to finance property acquisition for Atlantic High School since most of what the City is spending will be repaid when the City transfers the property to the Palm Beach County School District on December 1 st. The City Manager continued to state permanent financing will be put in place for the balance, of about $4 million, sometime next year. Completion of the soccer complex is part of the Parks Master Plan. Staff has the funding of the Parks Master Plan as an issue for discussion in connection with the Five-Year Capital Improvement Program to be presented to the Commission later this month. Secondly, with regard to a concem expressed by Mr. Franciosa as to why there is not a Senior Citizen Community Center in Delray Beach, the City Manager stated that there is a Senior Center in Veteran's Park. However, the City Manager stated the Parks Master Plan does recognize the need for additional facilities for senior citizens. The City Manager stated the City expects that the Elder Ready Task Force will identify and better define what additional facilities are needed. With regard to what criteria was used in determining a price of $6.4 million for the Tate property, the City Manager stated the City's appraisal as of August 23, 2001, was updated by a letter dated December 18, 2001. The City Manager stated that the City estimated that if the City decided to take the property by eminent domain, it would take approximately 120 days to get an "Order of Taking". Therefore, the City asked the appraiser for his estimate and the value of the property four months later (April 18, 2002). The appraiser stated that it is reasonable to expect that the completion of certain site infrastructure improvements would add value to the site approximately equal or possibly greater than the cost of the improvements if all else is equal. The developer provided data indicating that as of December 12, 2001, some $1,052,900 had been expended. The appraiser estimated that an additional $1,536,100 could be spent by April 18, 2002. At that date, the total of land and development costs would be -21- O8/06/02 $6,089,000. It was the opinion of staff that the negotiated price $6,390,000 was reasonable considering the probable legal costs connecting with an eminent domain proceeding. The City Manager stated in an eminent domain proceeding, the City must pay the legal cost of both parties. ll.B. From the Public. ll.B.1. Kevin Warner~ 248 Venetian Drive, Delra¥ Beach, thanked Mayor Schmidt for his suggestion for leaving the words "village-like community by-the-sea" in the Comprehensive Plan. Mr. Warner stated during the last meeting when the Commission was discussing the "village by-the-sea" issue and the Comprehensive Plan Amendment, some words were used to describe the behavior of certain individuals. Mr. Warner commented that he feels these words are rather harsh. ll.B.2. Carolyn Zimmerman, representine the Presidents Council, 212 S.W. 2nd Avenue, Delray Beach, expressed concern over trash and animal control. Ms. Zimmerman stated a Southwest Management Workshop was recently held for input from the community and commented that the response was trash removal. Ms. Zimmerman stated at the Workshop everyone was divided into individual groups and one group of children stated they do not like the trash in the streets and they are scared of the dogs in their neighborhoods. Ms. Zimmerman urged the City to hire an Animal Control Assistant to help with the trash and animal control situation. In addition, Ms. Zimmerman suggested that Code Enforcement check the neighborhoods throughout the entire City. Secondly, speaking as a resident, Ms. Zimmerman brought an example of a "home-made bomb" made from fireworks and stated these bombs are being given out in the neighborhoods. Ms. Zimmerman commented she was informed by the Police Chief that he would meet with the Mayor regarding this and possibly go to the League of Cities to discuss this because it is a State mandate. Ms. Zimmerman stated she would like Delray Beach to be successful economically and commented she really wants a nice pleasant place to live everyday. 11.B.3. Charlotte Wrieht, 802 N.W. 2nd Street, Delray Beach, stated she lives on the comer of N.W. 2nd Street and N.W. 8th Avenue and expressed concern over the dangers in this area. Ms. Wright stated there is speeding in the neighborhood at all hours both day and night and she is scared for the safety of herself and others. Ms. Wright urged the City for assistance with regard to this matter. 11.B.4. Gerry. Franciosa, 939 Eve Street, Delray Beach, thanked Mayor Schmidt for his astute observation at the last City Commission Meeting leading the vote to retain the wording "village by-the-sea" in the Comprehensive Plan. Mr. Franciosa stated he feels in context Mayor Schmidt's statement was powerful but at the same time confusing. Mr. Franciosa feels the Commission has tuned out the components of the Atlantic High School Relocation Project. He urged the Commission to place this on a referendum thereby allowing the voters to decide. ll.B.$. Martha Osborne, 106 N.W. llth Avenue, Delray Beach, expressed concern over property owners' who own pets especially pit bulls. Ms. Osborne stated in the black -22- o8/06/02 community there is a large percentage of property owners' who own pit bulls and the dogs are not on a leash. Ms. Osborne stated she is concerned for the safety of children in the community and feels the City should make it mandatory for property owners' with these type of dogs to have their yards fenced in and that they be on a leash at all times. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 35-02: An ordinance amending the Future Land Use Map (small-scale) from County MR-5 (Medium Residential 5-units per acre) to City LD (Low Density Residential 0-5 du/ac) and annexation with initial zoning of R-l-AAA (single Family Residential) for the Koeser Residence, located on the west side of Barwick Road, approximately 260 feet north of the L-31 canal (13341 Barwick Road). If passed, a quasi-judicial (as to zoning) public hearing will be scheduled for August 20, 2002. The City Manager presented Ordinance No 35-02: AN ORDINANCE OF THE CITY COMMISISON OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND ON THE WEST SIDE OF BARWlCK ROAD, APPROXIMATELY 260 FEET NORTH OF THE L-31 CANAL (13341 BARWlCK ROAD), AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO THE CITY; REDEFINING THE CITY'S BOUNDARIES TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING LAND USE DESIGNATION OF LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC) FOR SAID LAND TO THE FUTURE LAND USE MAP IN THE CITY'S COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE PLAN AMENDMENTS; PROVIDING FOR ZONING OF SAID LAND R-l-AAA (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 35-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this property is 0.88 acres and is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential) zoning designation. The property is located within the City's Planning Area (Future Annexation Area) and the owner is seeking voluntary annexation at this time. -23- 08/06/02 At its meeting of July 15, 2002, the Planning and Zoning Board held a public heating in conjunction with the requests. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the requests be approved, based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and that the property is contiguous, reasonably compact and does not create an enclave; and, that services will be provided to the property in a manner similar to other similar properties within the City. Ms. McCarthy moved to approve Ordinance No. 35-02 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 36-02: An ordinance rezoning from R-I-AA (Single Family Residential) to RM (Multiple Family Medium Density Residential) a parcel of land located on the south side of S.E. 5th Street, approximately 160 feet east of S.E. 6th Avenue (Federal Highway). If passed, a quasi-judicial public hearing will be scheduled for August 20, 2002. The City Manager presented Ordinance No 36-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED R- 1-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE SOUTH SIDE OF SE 5TH STREET, APPROXIMATELY 160 FEET EAST OF SE 6TH AVENUE (NORTHBOUND FEDERAL HIGHWAY) - 622 SE 5TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 36-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated the subject property consists of Lot 11, less the west 166 feet thereof, Block 1, Osceola Park and contains 0.5466 acres. The property has a single family residence which was constructed in 1953. Mr. Dorling stated the property currently has an R-1-AA (Single Family Residential) zoning designation and an RM-10 (Multiple Family Residential - 10 units per acre). The applicant is seeking to rezone the property from R-l-AA (Single Family Residential) to RM (Multiple Family Residential - Medium Density). -24- 08/06/02 At its meeting of July 15, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request. There were four people from the public that spoke in opposition to the proposed rezoning of the property mainly due to concerns over incompatibility with adjacent properties and overflow parking. In addition, four letters of opposition were submitted (three of which were emails that were not received in time for distribution to the Board). After discussing the proposal, the Board voted 6-0 (Joe Pike stepped down) to recommend that the request be approved based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. Prior to the vote, Ms. McCarthy commented about the four letters of opposition and asked what kind of objections did these people present? Mr. Dorling stated the applicant will be required to provide parking to accommodate their requirement for the house but there will also be a guest parking requirement. Mr. Dorling explained the applicant is aware of these concerns and will make an attempt to provide over and above the requirement. Mr. Perlman moved to approve Ordinance No. 36-02 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 34-02: An ordinance amending Chapter 35, "Employee Policies and Benefits" of the City Code of Ordinances by enacting Section 35.056 "Designation of Personnel as Critical to Security". If passed, a public hearing will be held on August 20, 2002. The City Manager presented Ordinance No 34-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", BY ENACTING SECTION 35.056, "DESIGNATION OF PERSONNEL AS CRITICAL TO SECURITY", TO PROVIDE FOR FINGERPRINTING AND BACKGROUND CHECKS FOR CERTAIN EMPLOYMENT APPLICANTS AND EMPLOYEES FOR THOSE DEPARTMENTS WHICH ARE DESIGNATED AS CRITICAL TO SECURITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 34-02 is on file in the City Clerk's office.) The City Attomey read the caption of the ordinance. -25- 08/06/02 Mr. Peflman moved to approve Ordinance No. 34-02 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved back to Item 9.G. of the Regular Agenda. 9.G. REQUEST TO REDUCE LIENS/MARTHA OSBORNE: Consider a request to reduce liens on a vacant lot acquired by Martha Osborne located in the 100 Block of N.W. llth Avenue. The liens currently total $2,802.00; Ms. Osborne is prepared to pay $1,552.00, which is the City's out-of-pocket expenses. Lula Butler, Director of Community Improvement, stated this is a re t~est fi.om Martha Osborne to reduce liens on her property located in the 100 Block ofN.W. 11t Avenue. Mrs. Butler stated Mrs. Osborne acquired this property through a tax deed and as other people that have come before the Commission they do not understand why the municipal liens are not released when they acquire a tax deed. The liens currently total $2,802.00 and Mrs. Osborne is prepared to pay $1,552.00 which is the City's ont-of-pocket expenses. Prior to the vote, Mrs. Archer asked if the City of Delray can insure people who acquire property that they receive some notice. Ms. McCarthy moved to approve the agreement between the City and Martha Osborne to pay the City's out-of-pocket expenses in the amount of $1,552.00, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9oHo RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Ratify the appointment of Richard Sheremeta as the Downtown Development Authority representative on the Parking Management Advisory Board to fill a two (2) year term ending August 1, 2004. Mr. Levinson moved to appoint Richard Sheremeta as the Downtown Development Authority representative to the Parking Management Advisory Board to fill a two- year term ending August 1, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.1. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint three (3) regular members to the Board of Adjustment for a term ending August 31, 2004. Based upon the rotation system, the appointments will be made by Commissioner Perlman (Seat #1), Commissioner Archer (Seat #2), and Commissioner Levinson (Seat #3). Mr. Perlman moved to appoint Samuel Resnick as a regular member to the Board of Adjustment for a term ending August 31, 2004, seconded by Ms. McCarthy. Upon roll call -26- 08~6~2 the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to reappoint Jay Little as a regular member to the Board of Adjustment for a term ending August 31, 2004, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy- Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mr. Levinson moved to reappoint Stanley Warshaw as a regular member to the Board of Adjustment for a term ending August 31, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy- Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9oJo APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint five (5) regular members to the Board of Construction Appeals for two-year terms ending August 31, 2004. Based upon the rotation system, the appointments will be made by Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Schmidt (Seat #5), Commissioner Perlman (Seat #1), and Commissioner Archer (Seat #2). Mr. Levinson moved to reappoint Tim Onnen as a regular member to the Board of Construction Appeals for a two-year term ending August 31, 2004, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to appoint Suzanne Page as a regular member to the Board of Construction Appeals for a two-year term ending August 31, 2004, 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. Levinson - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt moved to reappoint Chris Ryan as a regular member to the Board of Construction Appeals for a two-year term ending August 31, 2004, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Mr. Perlman moved to reappoint James A. Griffis as a regular member to the Board of Construction Appeals for a two-year term ending August 31, 2004, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to appoint George Brewer as a regular member to the Board of Construction Appeals for a two-year term ending August 31, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with -27- 08/06/02 a 5 to 0 vote. 9.K. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement Board to fulfill an unexpired term ending January 14, 2004. Based upon the rotation system, the appointment will be made by Commissioner Archer (Seat #2). Mrs. Archer moved to appoint Stanley Watsky as a regular member to the Code Enforcement Board to fulfill an unexpired term ending January 14, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9oEo APPOINTMENT TO NOISE COMPATIBILITY ADVISORY COMMITTEE (NCAC)/BOCA RATON AIRPORT AUTHORITY: Appoint one (1) member to the Noise Compatibility Advisory Committee (NCAC) for the Boca Raton Airport Authority for a one (1) year term. Based on the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). Mr. Levinson moved to appoint Harvey Brown, Sr. to the Noise Compatibility Advisory Committee (NCAC) for the Boca Raton Airport Authority for a one year term, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. With regard to the Byrd House on the beach, the City Manager explained that the City is in close communications with the film company in Palm Beach County. The City Manager stated the Delray Beach Fire Department has contacted the Los Angeles Fire Department for some technical advice. The City Manager stated the Los Angeles Fire Department has an actual five-person movie industry unit within their department and the City feels it would be beneficial to bring one of their people here to assist us in making sure that all the issues that need to be addressed are handled appropriately. The City Manager stated the cost of this would be covered by the movie company. 13.B. City Attorney. The City Attomey stated staff attended a meeting regarding the telecommunications issues and Adelphia. The City Attomey stated she met with Attorney Ila Feld, who informed her that some cities and counties are getting together in the bankruptcy proceedings that are ongoing to protect the interest of the cities and counties. The City Attorney -28- 08/06/02 stated Ms. Feld is asking whether or not the City of Delray Beach would like to retain them for that purpose with a limit of $5,000. It was the consensus of the Commission to authorize the hiring of Ila Feld with Leibowitz and Associates in conjunction with Rice Pugatch Robinson & Schiller, P.A. to represent the City of Delray Beach in the bankruptcy proceeding involving Adelphia in an amount not to exceed $5,000. 13.C. 13.C.1. CiW Commission. Commissioner Archer Mrs. Archer announced that the Metropolitan Planning Organization (MPO) is going to re-apportion their membership by adding another member from the Glades area. Secondly, with regard to the League of Cities Meeting, Mrs. Archer stated Mr. Freudenberg, Boca Raton Council Member, has informed her that there will be a suite at the Boca Raton Hotel which the Commission will be able to utilize in the event they are there in the afternoon and wish to change for dinner thus there will be a place. 13.C.2. Commissioner Perlman Mr. Perlman stated today he spoke with William J. Fay, Jr. who is the Principal of Banyan Creek Elementary School, and he had mentioned that the sub-station is vacating the Lake Ida Plaza. Mr. Perlman inquired as to where the sub-station will relocate to and was informed by the City Manager that the sub-station will relocate to Pompey Park. Secondly, the League of Cities Meeting is coming up next weekend and commented that he has not seen a schedule yet. The City Manager stated this can be found in the League of Cities magazine and/or on the website. Mr. Perlman suggested that this be reviewed next week at the Workshop Meeting. Mr. Perlman stated he had a conference call today with members of the Film Commission and commented that they are very excited about this project and the big economic impact it will have on Delray. Mr. Perlman continued to state he was reassured that the Film Company has a reputation for working with residents and they will be setting up community meetings to discuss concerns of the residents. 13.C.3. Mayor Schmidt Mayor Schmidt stated he was in Washington last week and commented it was an honor to represent the City. Mayor Schmidt commended Congressman Shaw and his staff for a first-class tour of the Capitol and stated that he thoroughly enjoyed it. -29- 08/06/02 13.C.4. Commissioner McCarthy Ms. McCarthy announced that the Roots Festival is being held this weekend and she would like to remind the Commission that if they have not received a call from the festival about Friday night's activities, that they follow up as to whether or not they would like a car put in place for the parade. Ms. McCarthy stated this should be a very exciting weekend. 13.C.5. Commissioner Levinson With regard to a conversation with Captain Dane Mark regarding his letter he had asked if the Commission would communicate with him. Mr. Levinson stated he advised Mr. Mark that if he became in default then he would suggest that the City re-bid his contract. The City Manager stated this item is scheduled for the Workshop Meeting next week. Secondly, Mr. Levinson stated Ivan Ladizinsky deserves great credit and praise for bringing the Nightline crew to the City and commented that he met them on Friday evening at Summer Nights on the Avenue. Mr. Levinson continued to state that Saturday night the film crew went out in the late afternoon with the Marine Patrol and taped a lot of video from the water of Delray. Mr. Levinson explained this was as a result of Mr. Ladizinsky calling his friend and former associate Ted Koppel, and asking to have the Home Front Security as a feature. The City Manager stated he should be finding out later this week when the Ted Koppel piece will be shown on television. Mr. Levinson stated he is excited about the Byrd House and commented about the special effects during the filming. He continued to state although it is anticipated that there will be a lot of noise and fire during the explosion scene, he does not anticipate debris flying through the air for miles. There being no further business, Mayor Schmidt declared the meeting adjoumed at 8:45 p.m. City Clerk ATTEST: MAYOR -30- 08/06/02 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on August 6, 2002, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions to the Minutes as set forth above. -31- 08/06/02 AUGUST 13, 2002 A Special Meeting of the City Commission of the City of De[ray Beach, Florida, was called to order by Mayor David Schmidt in the First Floor Conference Room at City Hall at 6:00 P.M., Tuesday, August 13, 2002. Roll call showed: Present - Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Jon Levinson Mayor David Schmidt Absent - None Also present were - City Manager David T. Harden C~ty Attorney Susan A. Ruby and City Clerk Barbara Garito Mayor Schmidt called the meeting to order and announced that it had been called for the purpose of considering the following item: AUTHORIZATION TO PROCEED/ADELPHIA: Authorize staff to proceed with hiring Leibowitz & Associates in conjunction with Rice Pugatch Robinson & Schiller, P.A. in an amount not to exceed $5,000.00 to represent the City in Adelphia bankruptcy proceeding. Mr. Levinson moved to authorize staff to proceed with biting Leibowitz & Associates in conjunction with Rice Pugatch Robinson & Schiller, P.A. in an amount not to exceed $5,000.00 to represent the City in Adelplua bankruptcy proceedings, seconded by Mrs. Archer. Upon roll call, the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Commissioner McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt declared the Special Meeting adjourned at 6:03 p.m., at which time the Commission convened to the regularly scheduled Workshop Meeting. ATTEST: City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on August 13, 2002, wbach Minutes were formally approved and adopted by the City Commission on city Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the officml Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 2 WHE~, the month of Septembe~ is National Alcohol and Drag Addiction Recovery Month; and tl~H21gREAS, acknowledging Septembex 2002 offers individuals in the substance abuse treatment comm~Rity ~ opportl.inity to educate the public and policym~kers about the effectiveness of treatment, both societal and financial; and WHEREAS, substsnce use and abuse is a major public health problem that affects millioRs of Ameticslls of ~11 sges, ~ces, and ethnic backgrounds snd in communities and which has a huge medical, societal, and economic cost; and WI-IB~, ~ubst:mce abuse is a treatable condition and txeatment of addiction is ~s successful as the treatment of chronic diseases such as diabetes, hypert_~_ sion, snd Ssthm~l and ~gI-IEREAS, thousands of heslth csre providers have dedicated thek lives to the recovery process ~nd to the education of the public about alcoholism, drag dependence, sad mmtment issues; and WHBRBAS, .the U.S. Department of Health and Human Services, Substance Abuse snd Mental Health Services Admin£stration's Center for Substance Abuse Treatment sad the Office of National Drag Control Policy invite all residents of Delray Beach, Florida to participate in National Alcohol and Drag Addiction Recovery Month. NOW, THI~REFORIg, I, Dav/d W. ~chmldt~ Mayor of the City of Dekay Beach, Florida, on behalf of the City Commission, do proehlm September 2002 as NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH in DeLrsy Beach snd encourage all citizens to support this yeags theme - '~oin the Voices of Recovery: A CIdl to Actiom" - by supporting men, women, and youth who ~re in drag md alcohol addiction Ixeatment sad zecovety and their families. Ilq WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delmy Beach, Florida, to be affixed this 20* day of August, 2002. DAVID W. $CHMIDT MAYOR DEPARTMENT OF HEALTH & HUMAN SERVICES Substance Abuse and Mental Health Services Administration Dear Mayor: Center for Mental Health Services Center for Substance Abuse Prevention Center for Substance Abuse Treatment Rockville MD 20857 Substance abuse and addiction is a national health crisis affecting millions of individuals. Not only does the person abusing alcohol and drugs suffer, but so do their family, friends and community in which they work and live. Given the human and economic cost to our Nation, the President has made building substance abuse treatment capacity a priority of his Administration. The U.S. Department of Health and Human Services' Substance Abuse and Mental Health Services Administration (SAMHSA) is working to help achieve the President's priorities. Through SAMHSA's Center for Substance Abuse Treatment (CSAT), we are educating the public about the effectiveness of treatment, the nature of addiction, the positive outcome of treatment and recovery, and the importance of treatment programs and services across the country. National Alcohol and Drug Addiction Recovery Month, now in its 136 year of observance, is celebrated each September. The 2002 observance highlights the SAMHSA/CSAT initiative and publication, Changing the Conversation: The National Treatment Plan Initiative to Improve Substance Abuse Treatment. Changing the Conversation is an on going national effort to improve the quality and availability of treatment programs and services nationwide. Experts from the treatment field, stakeholders, and members of the general public were consulted to provide guidelines for positive action in order to meet today's treatment challenges and needs. To Change the Conversation, we must seek to inspire all levels of government, business and society to work together toward creating a seamless healthcare system that provides equal opportunities for access to treatment and support and understanding of those in need of treatment services. This year's Recovery Month theme is "Join the Voices of Recovery: A Call to Action." It underscores the role each of us has to play in the recovery process, and emphasizes the united front that must be presented to encourage individuals with alcohol and drag problems to seek help and to remain sober. Although it is t_rue that effective treatment programs and services are critical to the recovering individuals' success, the sffpport received fi-om fam)ty, friends, the workplace, and society as a whole is ~lually important. As the lead coordinator for the Recovery Month observance, SAMHSAJCSAT partners each year with other public sector entities and national and local coalitions and organizations to develop a Recovery Month activities kit, as well as other special events. A copy of the kit has been enclosed for your review and use. This year SAMHSA/CSAT-sponsored Community Forums/Events will be held throughout the country during September. These forums/events will examine key treatment and recovery-related issues in local communities and defme specific objectives and action steps to broaden support and access for individuals Office of the Administrator--Office of Applied Studies--Office of Communications--Office of Equal Employment Opportumty & Civil Rights---Office of Managed Care--Office of Minority Health--Offme of Policy & Program Coordination--Off,ce of Program Services Page 2 in recovery, their families, and friends. Each forum seeks to unite a range of stakeholders in taking action including individuals in the recovery community and their families and friends; policymakers and community leaders; judges; insurers; health professionals; treatment providers; educators/schools; community-based and faith-based organizations; the criminal justice system; diverse racial, ethnic and cultural groups; and members of the media. The following locations have been identified as the 2002 sites for Community Forum/Events: Albuquerque, New Mexico Anchorage, Alaska Atlanta, Georgia Baltimore, Maryland Billings, Montana Boston, Massachusetts Buffalo, New York Charlotte, North Carolina Chicago, Illinois Dallas, Texas Detroit, Michigan Honolulu, Hawaii Indianapolis, Indiana Kansas City, Missouri Los Angeles, Califoruia Minneapolis, Minnesota New Orleans, Louisiana New York, New York Phoenix, Arizona Portland, Oregon Salt Lake City, Utah San Diego, California San Francisco, California San Juan, Puerto Rico Seattle, Washington Sioux Falls, South Dakota San Antonio, Texas U.S. Virgin Islands Washington, D.C. Yuma, Arizona Please consider issuing a Recovery Month proclamation for your State, a sample of which is included in the enclosed kit. We also encourage you to participate in a Recovery Month Community Forum/Event or other Recovery Month community activities wherever possible. Please make sure to fill out the Customer Satisfaction Survey located in the Recovery Month kit, and send information concerning your celebration, and any materials produced to the address listed on the form. Your input and comments will assist in the development of future materials and programs that best assist you with your needs. In addition, please post any planned activities within your State, district, city, town, or municipality on the Recovery Month website at www. samhsa.gov. Click on the 2002 Recovery Month icon and select events. You may contact CSAT's Office of Communications and External Liaison for additional information about this observance at (301) 443-5052. You may also obtain information through the Recovery Month website accessed through www.samhsa.gov. We look forward to your p~ticipation in this year's Recovery Month activities, and thank you for your support. Administrator Substance Abuse and Mental Health Services Administration Sincerely, Director Center for Substance Abuse Treatment Enclosure Sample Proclamation I In the past 20 years medical science has made great strides in learmng,about the biology of substance use and the nature of chemical addiction Addiction ~s a chromc illness that involves significant physical changes ~n brain function Treatment for addiction is as effective as treatments for other chromc medical conditions, such as d~abetes and h~gh blood pressure Recognition of addiction as an illness is guidehne for positive action in Changing the Conversation: The National Treatment Plan Initiative to Improve Substance Abuse Treatment. This national ~nitlative enwsions a society ~n which people with a history of alcohol or drug problems, people in recovery and their famihes, and people at risk for these problems are valued and treated with dignity It enws~ons a society in which stigma, accompanying attitudes, d~scrimination, and other barriers to recovery are ehmlnated and where substance abuse and dependence ~s recognized as a pubhc health ~ssue, an illness for which ~ndlviduals deserve treatment. It also envisions a society in which high-quality services for alcohol and drug problems are w~dely available and where treatment is recognized as a speoahzed field of expertise. Every day ~n every part of the Umted States, men, women, and youth enter treatment for substance abuse and begin the road to recovery, while famihes seek hope and recovery in support programs and counseling. In [your city or state here], we are [talk about specific drug and alcohol treatment programs or imt~atives taking place in your commumty] National Alcohol and Drug Addiction Recovery Month celebrates the individuals who have engaged in successful treatment, famlhes ~n recovery, and those in the treatment field who dedicate their hves to helping people recover from add~ct~on. Th~s year's theme, "Join the Voices of Recovery: A Call to Action," invites all segments of society to join the recovery commumty in supporting more quahty treatment programs and services ~n an effort to eradicate the d~sease of addiction T. he U S Department o_f Health and Human Services, Substance Abuse and Mental Health Services Administration's Center for Substance Abuse Treatment; the Office of National Drug Control Policy; and [the name of a treatment organization In your community here] ~nwte all residents of [your city or state] to participate ~n National Alcohol and Drug Addiction Recovery Month NOW, THEREFORE, I, [name and title of your elected official here], do hereby proclaim the month of September 2002 as. National Alcohol and Drug Addiction Recovery Month ~n [name of your oty or state here] and encourage all residents to promote the benefits of drug and alcohol addiction treatment and recovery and to support commumty treatment programs Signature Sample Proclamation 2 WHEREAS, on behalf of the c~tlzens of [your city or state here], I am pleased to join the [name of a participating substance abuse treatment orgamzation] in celebrating September 2002 as National Alcohol and Drug Addiction Recovery Month ~n [your city or state here], and WHEREAS, acknowledging September 2002 offers ind~wduals in the substance abuse treatment community an opportunity to educate the public and pohcymakers about the effectiveness of treatment, both societal and financial; and WHEREAS, substance use and abuse ~s a major public health problem that affects milhons of Americans of all ages, races, and ethnic backgrounds and in all communities and which has a huge medical, societal, and economic cost; and WHEREAS, substance abuse is a treatable d~sease and treatment of addiction ~s as successful as the treatment of other chronic diseases such as d~abetes, hypertension, and asthma; and WHEREAS, thousands of health care providers have dedicated their hves to the recovery process and to the education of the public about alcoholism, drug dependence, and treatment ~ssues. WHEREAS, the U S Department of Health and Human Services, Substance Abuse and Mental Health Services Administration's Center for Substance Abuse Treatment; the Office of National Drug Control Policy, and [the name of a treatment organization in your community here] invite all residents of [your oty or state] to participate in National Alcohol and Drug Addiction Recovery Month NOW, THEREFORE, I, [name and title of your elected official here], do hereby proclaim the month of September 2002 as. National Alcohol and Drug Addiction Recovery Month ' - :-- -~r~ [name of your city o'r-~ta'te here] and encourage all citizens to support th~s ~Te~ar's theme--"Join the Voices of Recovery: A Call to Action." by supporting men, women, and youth who are ~n drug and alcohol addiction treatment and recovery and their fam~hes Signature Proclamations proclamations are an effective way to draw the public's attention to a,n event or celebration Hawng a top offioal sign a proclamation designating September as NationalAIcohol and Drug Addiction Recovery Month (Recovery Month) ~s a good way to gain state or local government support and recognition for your Recovery Month campaign Pubhc~ze the proclamation to maximize exposure and optimize its use as a public ~nformation tool Proclamations can be issued by governors and state legislatures, and by elected officials or governing bodies of munic~pahties, counties, cities, or towns. All you have to do is write a letter or contact a member of the government ent~ty's communications office to find out the procedure you need to follow for the ~ssuance of a Recovery Month proclamation Once you secure the proclamation, pubhc~ze ~t If the s~gning takes place at a news conference, distribute copies to reporters Have the proclamation photo-enlarged to poster s~ze for d~splay at the news conference. Afterward, d~splay this visual prop (and addmonal copies) in the lobbies of pubhc I~laces, including government buildings Also, send copies to local newspapers Traditional proclamations are a series of "Whereas's" followed by a "Therefore .... Whereas" means "because," "inasmuch as," or "since." "Whereas" sets the stage, states the problem, and suggests action to remedy the problem. The "Therefore" is the actual declaration and request for specific support action. Two sample proclamations are prowded. The first ~s more contemporary, leaving out the "Whereas's" The second proclamation includes them and restructures the topic sentences of some paragraphs Modify these sample proclamations, ~nsertlng ~nformatlon about the problem ~n your community You are encouraged to share your plans and activities for Recovery Month 2002 with the HHS/SAMHSA Center for Substance Abuse Treatment, your colleagues, and the gen_eral public by posting them on the official Recovery Month web site at http://vvww, samhsa.gov. We would like to know about your efforts during Recovery Month. Please complete the Customer Satisfaction Form enclosed in the kit. Directions are included on the form. Please send any of your organization's Recovery Month promotional samples to: Office of Communications and External Liaison, Center for Substance Abuse Treatment, SAMHSA, 5600 Fishers Lane, Rockwall Building II, Suite 621, Rockville, MD 20857. For any additional Recovery Month materials visit our web site at http://www, samhsa.gov or call 1-800-729-6686. TO: THRU: FROM: SUBJECT: PAUL DoRLING, D~ECTOR OF PLANNING & ZONING DAN MARFINO, PRINCIPAL PLANNER MEETING OF AUGUST 20, 2002 *CONSENT AGENDA* INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2002- 2 The action requested of the City Commission is initiation of Comprehensive Plan Amendment 2002-2. Pursuant to LDR Section 9.2.1, amendments to the Plan must be formally initiated by the City Commission. By Florida State Statutes the City is allowed to process two (2) Comprehensive Plan amendments each year. This amendment represents the second amendment for the year 2002. The amendment includes four (4) text changes. A brief description of each item suggested for inclusion in the Plan Amendment is listed below: TEXT AMENDMENTS: Modification of the definitions section of the Public Schools Facilities Element, by adding numerous new definitions. Modification of Policy B-2.1 of the Future Land Use Element, regarding Concurrency, to add specific language with respect to Public School Concurrency Review. Modification of Policy A-2.4 of the Future Land Use Element, regarding the location of automobile dealerships, to decrease the area which dealerships should be directed to, as a result of a rezoning which expanded the CDB (Central Business District). Modification of the Inventory and Analysis section of the Coastal Management Element to reflect the recent completion of the beach renourishment project. City Commission Documentation Initiation of Plan Amendment 2002-2 Page 2 The tentative schedule for processing Plan Amendment 02-2 is as follows: Au,qust 19~ 2002 Au,qust 20~ 2002 September 23~ 2002 October 1~ 2002 November 15~ 2002 November 18~ 2002 December 3~ 2002 January 17~ 2003 Initiation by Plannin,q and Zonin,q Board Initiation by City Commission Plannin,cj and Zonin,q Board Hearin,q City Commission Transmittal Public Hearin,q Receipt of ORC Report P&Z Adoption Hearin,cj City Commission adoption Effective date I~ ,,~,,,~,, ..... ,,,,,"~~ ~,,,,,,,~,~ ~~,,~ ,,,,~,~,,,,~ ...... ,~,~,,,,,,,,~,,,,,~,~,~,,,,,,,,,,~,,,,~,,,,,~,1 The Planning and Zoning Board will consider the initiation request at their meeting of August 19, 2002. The results of this meeting will be reported to the City Commission. By motion, approve the initiation of Comprehensive Plan Amendment 2002-2 to the policies and text as identified in this staff report. S:\LongRange\Comp~Amend 02-2\02-2 CC Initiation MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ - REGULAR MEETING OF AUGUST 20, 2002 REOUEST FOR SIDEWALK DEFERRAL/1054 MELALEUCA ROAD AUGUST 16, 2002 The attached agreement is between the City and Seashell Properties, Inc. to allow the waiver of the requirement to construct a sidewalk pursuant to Land Development Regulations Section 6.1.3 (D)(1)(b) to install a sidewalk within the right-of-way in front of a single-family residential lot (1054 Melaleuca Road) just west of State Road A-1-A until such time as the City requests the sidewalk to be constructed. Currently, there are no sidewalks in this area and no plans to install sidewalks. Therefore, staff is in support of the developer's request to have the sidewalk in front of 1054 Melaleuca Road deferred. Recommend approval of the sidewalk agreement and request to allow the deferral of the sidewalk improvements until such time as the City requests the sidewalk to be constructed. S:\C~ty Cletk\chevelle folder\agenda memos\S~dewalkDeferralRequest.08.20.02 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden Randal L. Krejcarek, P.E./~~ 18-Ju1-02 City Commission Agenda Item Sidewalk Deferral Request 1054 Melaleuca Road RECEIVED A IIG 6 - 200Z CITY MANAGER The attached agenda item is a request for a deferral of sidewalk installation in front of 1054 Melaleuca Road. This lot is a single-family residential lot located just west of SR A1A. There currently are no sidewalks in this area. Although a sidewalk may be installed at some point in the future, there are no current plans to install a sidewalk in this area. Therefore, I am supporting the request to have the sidewalk in front of 1054 Melaleuca Road deferred. The attached map indicates the location of this sidewalk deferral. Please place this item on the 06 Aug 2002 Commission Agenda. Thanks. enc cc Richard Hasko, P.E. file S:tEngAdmintLetterstRLK~SIDEWALK~1054 melaleuca rd deferral agenda memo 06aug2OO2. doc Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1 st Avenue Dekay Beach, Florida 33444 200_~ between the City AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this//¢//, day of of Delray Beach (hereinafter the City) and (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along ~, ,5c°~)?~r/~ /)W'. until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the right-of-way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. WlTNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the right-of-way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall mn with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this ATTEST: ,200~L CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to form and sufficiency: City Attorney 2 (Ple~ase type or print name) (Please type or print name,)/ COUNTY O15 ¢~/~-~ ~ / /3 The. foregoing instrument was acknowledged before me this ~'/b'~lay of ~ , 2~00_D_by'~'c~. &. Co-~'~oc~[~o-- (name of officer or agent), of ~ ~ ~( ~c~ Qe~i e % (rome of co~oration), a ~d~//~ ~ (State or place of inco~oration) co~oratibn, on be~lf of ~e co~oration. He/She is persomlly ~own to me or ~s produced ~Z ~F. ~/~ . (~pe of idemification) as identification ~d did/did not~eanoa~. ~f~-¢~2_E~~-/~ ~ t/ ' ~ ~ Signa~e of No~blic - 2' (SEAL) ,,:,,~'_'.~;~,,. Gloria J. Montgomery #'~."~._Commlssion # CC 783964 ~,e~,~[~ Expires NOV. 28. 2002 ~~ BONDED THRU '~'~,~,,,t'~'''~'' ATLANTIC B~DING ~.,~ ATLANTIC AVENUE , · ........ ; ~ ' ¢o~ .... ; ~ i~, - ....................... ............ ], , ,' -I ~M' ' , % r .7/_2-:: :~¢¢-;:-:Z , ~ ~ ~ ~ ....... I ' ~ ~ ' _.~ : ' ! I ....... ¢ ~ , i ..... ~ '---: ............ , _q¢~.__~ ............ ~ O~ ....... ! ;2'~_1%~(.. ~___A__;'' ~ ' ' ._ .~ ........ ........ ~ % ,;_Z ...... ~ ........ '- '-;~T ..... , '- ..... ~'~¢~' .... ~ ....... ¢ , , ~ ~ ~ ............ % ,; j '--:i~e~ ......... ~ WAY ~ ....................... : ~ :; .... -.==:_ ............. .: ............ ~ .... ~ ~ ..................... : : CASUARINA ROAD --' ', ~ ~ ; : , ~-Z-.'-~-~.%'-~ .~ ,, RD. / ,/'- ~ BUCIDA .............. ~ - ~ -- , _.. , , , , , LEUCA ~--' M~CA RD. ~ · ' '~-~. .' ,' E~~ ~8 ~~E~ SI DEWALK DEFERRAL ~ ~ ~ .~ ~ ~ ~ ~ 2002-200 Date: 18 Jul 2002 Request to be placed on: X Consent Agenda When: 06 Au.q 2002 AGENDA ITEM NUMBER: AGENDA REQUEST Regular Agenda Workshop Agenda Special Agenda Description of Agenda Item (who, what, where, how much): Approval/authorization for Mayor to si,qn sidewalk deferral a.qreement for 1054 Melaleuca Road. Recommendation Staff recommen_c[s approval Department Head Signature: (~~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: NA Account Number NA Description NA Account Balance: NA Funding Alternatives: NA City Manager Review: Approved for Agenda:_ ~p~' / No Initials: ~L~ Agenda Coordinator Review: Received: (if applicable) S:~EngAdminV_etterstRLK~SIDEWALK~1054 melaleuca rd deferral agenda 06aug2OO2.doc MEMORANDUM TO:. FROM: SUBJECT: DATE: MAYOR AND CITY ODMMISSIONERS CITY MANAGER ~q AGENDA ITEM ~- REGULAR MEETING OF AUGUST 20, 2002 RESOLUTION NO. 68-02 AUGUST 16, 2002 This is a resolution assessing costs for abatement action required to remove nuisances on nine (9) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 68-02. AgmemoCE.Res No 68-02 RESOLUTION NO. 68-02 A RESOLUTION OF T~ CITY COMMISSION OF T~ CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF TH~ CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSIN~ COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN TH~ CITY OF DELRAY BEACH AND PROVIDING TNAT' A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DU~ DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UITPAID ASSESSMENTS. Wm~AEAS, the Ci~T Manager or h~s designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared ~he existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant- to Section 100.20, 100.21 and 200.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his desi~nated representative has inspected laid land(s) and has determ/ned that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing ~he nature of the nuisance(s) and sent notice that within ten (10) days from ~he date of said notice forty-two (42) days in the case o£ violation of Section 100.04 pertaining to seawa11s) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this cond/tion by abating such nuisance, and that the cost thereof would he levied as an assessment against said property; and, W~REAS, the property owner(s) n~med in the list attached hereto and made a part hereof did £aiX and neglect to abate tho nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Bection 100.21 and 100.22 within the time lim/ts prescribed in said notice and Chapter 100 of ~he Code of Ordinances, or if the proper~ owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHF~AS, ~he City of DeXray Beach, through the City Ad~/nistration or much agents or contractors h~red by the City Adm~nistration was therefore required to ~d did enter upon the l~d(i) described An the lilt attached ~d mde a part hereof ~d ~ncurred costs An ~atAng the s~Joct nuAs~ce(I) ~As~i~ ~ereon as described in the not~co; ~d, ~, the City ~ager o~ the City o~ Delray Beach has, pursuant to ~apter 100 of the Code of Ord~n~ces of ~he City of Delray Beach, s~tted to the City C_'---4ssion · report of the costs ~ncurred ~n abatSng said nuisance(s) as e£oresaid, said report indicating the costs per parcel of land involvedl and, WHEREAS~' the City C~4ssion of the City of Delray Beech, pursuant to Chapter 100 of the Code of Ord/nances desires to assess the cost of said nuisance(s) against said pr?perky owner(s), NOW, THER~FOI~, BE IT RESOLVED BY TI~ CITY COMMISSION OF T~E CITY OF DELRAY FLORZDA, AS FOLLOWS~ Section 1. That assessments in the Andividual amounts as shown by the report of the City Manager of the City of Delray Beach, Anvolving the City"s cost o£ abating the aforesaid nuisances upon the lots or parcels of land described in said report, · copy of which is etteched hereto and made a pert hereof, ere hereby levied egeAnst the parcel(s) of land described in said report and in the ~mount(s) indicated thereon. Said assessments so levied shall, Af not paid within thirty (30) days after mailing of the notice described in Sec. 3, become · lien upon the respective lots and parcel(s) of land described An said report, of the s~me nature and to the s~me extant es the 1Aen for ganeral city-taxes and shall be collectible An the sm manner es mortgages and foreclosures era under state lew. Section 2. Thet such assessments shall be legal, valid and binding obligetAons upon the property against which said assessments ere levied. Section 3. That the City Clerk of the City of Delray Beech is hereby directed to /~mediately mail by first class mail to the owner(s) of the property, es such ownership appears upon the records of ~he County Tax Assessor, notice(s) that the CAty Comm~ssion of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) deys after the mailing date of said notice of assessment, after which a limn shall he placed on aeid property, and Anterest will eccrue at the rate of 8% per annum, plus reasonable ettor~ey"s fees end other costs of collecting said sums. A Notice of Lien shall be mailed, &long with the Notice of Assessment and th/s resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoptAon and the assessment(s) contained herein shall become due and payable thirty (30) days efter the mailing date of the notice of said essessment(s), after which · lien shall be placed on scad property(s), and interest shall accrue et the rate of eight (8) percent per a--um plus, if collection proceedings ere necessary, the costs of such proceedings Ancluding · reasonable ettorney"s fee. Section 5. That An the event that payment has not been received by the City Clerk within tJ~Lrty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and t~me of recording of the certified copy of this resolution a lien shall become effective on the subject property which shell secure the cost of abatement, Anterest at the rate of 8%, end collection costs Ancluding · reasonable attoruey*s fee. Res. No. 68-02 2002. da~ o£ MAYOR ATTEST City Clerk 3 Res. No. 68-02 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT TOWN OF DELRAY, S 53 FT OF LOT 2, BLOCK 43, PZ 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL OLA M. VlCKERS (133 NW 3RD AVENUE) 600 NO. CONGRESS AVE #560 12 43 46 18 01 043 0021 DELI=AY BEACH, FL 33445 'CUST ID # 9543 $ 15.45 $ 55.00 ADMFEE ATLANTIC PARK GARDENS, DELRAY, LOT 20, BLOCK 2, PB 14, P 56, PUBLIC RECORDS OF PALM BEACH, FL MARTHA ALEXANDER ROBINSON & JACQUELINE D. ALEXANDER (45 SW 13TH AVENUE) 276 OLD HOLCOMB BRIDGE WAY 12 43 46 17 18 002 0200 ROSWELL, GA 30076 CUST ID # 9473 $ 127.70 $ 55.00 ADMFEE TOWN OF DELRAY, N 50 FT OF S 150 FT OF E 135 FT OF BLOCK 13, PB 1, P 3, PUBLIC PAULIINE RICE ESTATE RECORDS OF PALM BEACH COUNTY, FL C.O BERNARD WRIGHT (40 SW 6TH AVENUE) PO BOX 733 12 43 48 16 01 013 0180 DELRAY BEACH, FL 33447 CUSTID#217 $ 96.80 $ 55.00 ADM FEE SUB 17~,6-43 S 50 FT OF N 150 FT OF E 135 FT OF S 1/2 OF N 1/2 OF LOT 6 / LESS E 25 FT STREET R/O/W, PB 1, P 3, PUBLIC RECORDS C.A.M. DEVELOPMENTS OF PALM BEACH COUNTY, FL 15581 BENT CREEK ROAD (114 NW 10TH AVENUE) WEST PALM BEACH, FL 33414 12 43 46 17 42 006 0010 CUST ID # 9577 $ 89.09 $ 55.0O ADM FEE STRATFORD ATTA BOWE PLAT, PARCEL 3 (OLD SCHOOL SQUARE HISTORIC DISTRICT) .PB 77, P 200, PUBLIC RECORDS OF PALM BRUCE MCKEEVER & BEACH COUNTY, FL CATHERINE MCKEEVER (255 NORTH SWINTON AVENUE) 122 BUTTONWOOD LANE 12 43 46 16 D9 002 000O BOYNTON BEACH, FL 33436 CUST ID # 8918 $ 59.45 $ 55.00 ADM FEE 4 Res. No. 68-02 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE PINE TRAIL SECTION 4, LOT 20 EDGEWATER HOMES, INC. (LESS WLY 40.50 FT) BLOCK 4, C/O HIRAM COLLAZO, PB 35, P 151, PUBLIC RECORDS REGISTERED AGENT OF PALM BEACH COUNTY, FL 518 NW 36TH STREET (5270 NW 5TH STREET) MIAMI, FL 33142 12 43 46 12 12 004 0202 CUST ID # 9581 $ 65.90 $ 55.00 ADM FEE TOWN OF DELRAY, S 150 FT OF W 135.5 FT OF BLOCK 26, PB 1, P 3, PUBLIC RECORDS OF FRED D. MC COY & PALM BEACH COUNTY, FL AMERIFIRST (415 NW 2ND STREET - VACANT) 17500 NW 68TH AVENUE # 210 12 43 46 16 01 026 0120 HIALEAH, FL 33015-4044 CUST ID 114 $108.35 $ 55.00 ADMFEE LINCOLN PARK, DELRAY LOT 29, PB 23, P1 60 PUBLIC RECORDS OF PALM BEACH COUNTY, FL DAVID E. DAYS (119 SW 9TH AVENUE) 1900 NW 187TH TERRACE 12 43 46 17 38 000 0290 OPA LOCKA, FL 33056-2832 CUST ID # 890 $ 35.00 $ 55.00 ADM FEE PINE TRAIL SECTION 4, LOT 20 (LESS WLY 40.50 FT) BLOCK 4, PUBLIC RECORDS OF PALM BEACH EDGEWATER HOMES, INC. COUNTY, FL C/O HIRAM COLLAZA, (5270 NW 5TH STREET) REGISTERED AGENT 12 43 46 12 12 004 0202 5270 NW 5TH STREET CUST ID # 9581 MIAMI, FL 33143 $ 35.00 $ 55.00 ADM FEE VIOLATION IS: SECTION 100-01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE. 5 Res. No. 68~)2 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS AGENDA ITEM # - REGULAR MEETING OF AUGUST 20, 2002 EMERGENCY SERVICES AGREEMENT WITH BOCA RATON DATE: AUGUST 16, 2002 Th_is is before the Commission to approve the acceptance of an Emergency Services Agreement for Emergency Mutual Assistance and Automattc Aid between the City of Boca Raton and the City of Delray Beach. The agreement provides for Fire-Rescue Department mutual assistance/automatic aid in times of emergency where the need created may be too great for either party to deal with unassisted or where a closest unit response is agreeable and in the public interest. The agreement has been reviewed and approved by the City Attorney's office. It is for a term of seven (7) years, expiring on September 30, 2009. No funding is required. Recommend approval of the Emergency Services Agreement with the City of Boca Raton. S'\C:ty Clerk\chevelle folder\agenda memos\Emergency Serwces Agreement\Boca Raton 08 20 02 [ITY OF DEILRI:I¥ BEI:I£H CITY ATTORNEY':~ OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: August 13, 2002 MEMORANDUM WriteCs Direct Line: 5611243-7090 TO: Tammy Wheatley FROM: Terrill Pyburn, Assistant City Attorney /~C~ SUBJECT: Emergency Services Agreement I have reviewed the attached agreement for legal sufficiency and form and it meets with my approval. Please contact me if you have any questions. Thank you. EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE AND AUTOMATIC AID BETWEEN THE CITY OF DELRAY BEACH AND THE CITY OF BOCA RATON THIS AGREEMENT is made and entered into this ~ day of ,2002, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, by and through its City Commission and the CITY OF BOCA RATON, a Florida municipal corporation. WHEREAS, each of the parties to this Agreement presently maintains a Fire-Rescue Department with fire rescue equipment, fire fighting personnel, emergency medical equipment, emergency medical personnel, and other emergency capabilities; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for mutual assistance/automatic aid in times o.f emergency where the need created may be too great for either party to deal with unassisted; or where a closest unit response is agreeable and in the public interest; or non- emergency assistance and logistical support may be helpful to the parties; and WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interloeal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities. NOW, THEREFORE, it is agreed by and between the parties that each will render mutual assistance and automatic aid to the other under the following stipulations, provisions and conditions: Section 1. Request for Aid/Assistance: Emergency mutual assistance/automatic aid and/or non-emergency assistance or logistical support will be given when properly requested so long as rendering the aid and assistance requested will not place the assisting party in undue jeopardy. The party requesting aid and/or assistance shall provide the following information at the time the request is made: a. The general nature, type and location of the emergency, non-emergency or logistical support; and b. The type and quantity of equipment and/or personnel needed; and c. The name and rank of the person making the request. All requests shall be directed through the respective parties' emergency communications center. The following officials of the participating parties are authorized to request aid and assistance under this Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders. Section 2. Representative and Contract Monitor: The City of Delray Beach's representative and contract monitor during the performance of this Agreement shall be the Assistant Chief'of Operations, whose telephone number is 561-243-7400. The City of Boca Raton's representative and contract monitor during the performance of this Agreement shall be the Deputy Chief, whose telephone number is 561-367-6708. Section 3. Command Authority: In the event of an emergency which requires additional assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the Assistant or Deputy Fire Chief or the Incident Commander, will direct the activities at the scene where the emergency exists, but personnel responding to the call will remain under the command of their own officers at all times. Each party shall retain control over its personnel and the rendition of services, standards of performance, discipline of officers and employees, and other matters incidental to the performance of services. Each party authorizes its Fire Chief to meet with the other party's Fire Chief and develop automatic aid plans and procedures, including areas to be serviced and type and/or level of response, when the Fire Chiefs have determined that improved response times or other forms of efficiency within their respective jurisdictions and/or service areas may be achieved. The Fire Chiefs are also authorized to promulgate necessary administrative regulations and orders to implement and administer these plans and procedures. 2 Section 4. Ability to Respond: Each party may refuse to respond to a request for aid/assistance in the event it does not have the required equipment available or if, in its sole judgment, compliance with the request would jeopardize the protection of its own jurisdiction. However, either party may refuse to provide non-emergency assistance or logistical support for any reason. Section 5. Employee Functions: No employee of either party to this Agreement shall perform any function or service which is not within the employee's scope of duties as defined or determined by his employer. Section 6. Employee Claims, Benefits, etc.: No employee, officer, or agent of either party shall, in connection with this Agreement or the performance of services and functions hereunder, have a right to or claim any pension, workers' compensation, unemployment compensation, civil service, or other employee fights, privileges, or benefits granted by operation of law or otherwise except through and against the entity by whom they are employed. No employee of either party shall be deemed the employee of the other, for any purpose, during the performance of services hereunder. Section 7. No Assumption of Liability: Neither party to this Agreement nor their respective officers or employees shall be deemed to have assumed any liability for the negligent or wrongful acts or omissions of the other. Further, nothing herein shall be construed as a waiver of sovereign immunity. Section 8. Liability for Injury: All the privileges and immunities fi.om liability, exemptions fi.om law, ordinance and rules, and all pensions and relief, disability, workers' compensation and other benefits which apply to the activity of the officers or employees of either party when performing their respective functions, within the territorial limits for their respective agencies, shall apply to the same degree and extent to the performance of such functions and duties extraterritorially. Liability for injury to personnel, and for loss or damage of equipment, shall be borne by the party employing such personnel, and owning or possessing such equipment. Section 9. Remuneration: The cost of gasoline and other normal supplies used for mutual assistance/automatic aid purposes shall be the responsibility of the party using such supplies, except that certain expendable supplies including, but not limited to, foam, hazmat suits, containment ba~els, or other specialty products will be replaced by the agency requesting assistance, at the sole discretion of the agency rendering aid or assistance. The parties further agree that the agency rendering aid/assistance may request reimbursement for any expenditure of goods or services directly from the persons, parties, or company involved in, causing, or responsible for, the incident. All compensation for personnel shall be borne by the employing party. All cost of maintenance and upkeep of equipment shall be borne by the party owning or possessing the equipment. Section 10. Effective Date and Term: This Agreement shall take effect on October 1,2002 and shall remain in full force and effect for a period of no less than seven (7) years, expiring on September 30, 2009, unless sooner terminated as provided herein. Section 11. Notice of Termination: Either party to this Agreement may, upon sixty (60) days prior written notice to the other, terminate this Agreement for any reason or for no reason at all. Section 12. Capital Improvement Plans: Both parties to this Agreement, on an annual basis, shall exchange Capital Improvement Plans indicating projected location(s) and anticipated time frames for construction of future fire stations within their respective jurisdictions and/or service areas. It is understood that these plans may be modified subsequent to submission and said plans are subject to subsequent funding allocations and approvals. Section 13. Assignment of Rights: Neither party shall assign, transfer or convey, in whole or in part, its rights, duties, or obligations without the prior written consent of the other. Section 14. Modification and Amendment: No modification, amendment, or alteration in the terms or conditions of this Agreement shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. Section 15. Entirety of Agreement: This Agreement represents the entire understanding of the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. Section 16. Equal Opportunity: Each party represents that it will not practice discrimination as it relates to the performance of this agreement on the basis of race, sex, sexual orientation, color, religion, disability, age, marital status, national origin or ancestry. Section 17. Annual Appropriations: Each party's performance and obligation under this Agreement is contingent upon an annual budgetary appropriation by its respective governing body for the purposes hereunder. Section 18. Remedies: This agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or herea/~er existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 19. Records: Each party shall maintain all records pertaining to the services delivered under this Agreement for a period of at least three (3) years. Each party shall maintain records associated with this Agreement, including, but not limited to, all accounts, financial and technical records, research or reports, in accordance with Florida law. Section 20. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely or as a matter of judicial constraint, be construed more severely against one of the parties than the other. Section 21. Notice of Suits: Each party agrees to notify the other of any claim, or the initiation of any legal proceeding against it which relates, in any manner, to the aid or assistance provided by the other party. Each party will cooperate with the other in the defense of any suit or action arising out of, or related to, the aid or assistance rendered under this agreement. Section 22. Notices: All written notices required under this Agreement sh~ll be sent by certified mail, remm receipt requested, and if sent to the City of Dekay Beach shall be mailed to: Delray Beach Fire Rescue Fire Chief 501 West Atlantic Avenue Delray Beach, FL 33444 and if sent to the City of Boca Raton shall be mailed to: Boca Raton Fire-Rescue Services Department Fire Chief 2333 West Glades Road Boca Raton, Florida 33431 Each party may change its address upon notice to the other. Section 23. Captions: The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 24. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 25. Indemnification: Each party shall be liable for its own actions and negligence and, to the extent permitted by law, the City of Delray Beach shall indemnify, defend and hold harmless the City of Boca Raton against any actions, claims or damages arising out of City of Delray Beach's negligence in connection with this Agreement, and the City of Boca Raton shall indenmify, defend and hold harmless the City of Delray Beach against any actions, claims, or damages arising out of the City of Boca Raton's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. 6 Section 26. Enforcement Costs: Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to this agreement. Section 27. Delegation of Duty: Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or city officers. Section 28. Severability: In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 7 IN WITNESS WHEREOF, the undersigned parties have caused these presents to be signed by their duly authorized officers on the day and year first written above. ATTEST: Barbara Garito, City Clerk CITY OF DELRAY BEACH, FLORIDA, BY ITS CITY COMMISSION By:. By: City Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By:. City Attorney ATTEST: CITY OF BOCA RATON, FLORIDA By: By: City Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By:. Assistant City Attorney AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: August 20, 2002 Date: August 13, 2002 × Consent Agenda ~ Special Agenda ~ Workshop Agenda When: August 20, 2002 Description of agenda item:. Enter into a seven (7) year Emergency Services Agreement between the City of Delray Beach and C~ty of Boca Raton where both parties w~ll render Emergency Mutual Assistance and Automatic Aid when requested. This agreement does not require funding. ORDINANCE/RESOLUTION REQUIRED: YES Draft of resolution Attached: YES Recommendation: Approval NO X NO X Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): This has been review and approved by the City Attorney's office. Budget Director Review (required on all items involving expenditure of funds): Funding available: Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Yes N/A N/A No N/A Approved for agenda: ~ Hold Unbl: Agenda Coordinator Review: Received: Action: Approved Disapproved PO.# MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGI~NDA ITEM # ,o~.~ - REGULAR MEETING OF AUGUST 20. 2002 EMERGENCY SERVICES AGREEMENT WITH BOYNTON BEACH DATE: AUGUST 16, 2002 This is before the Commission to approve the acceptance of an Emergency Services Agreement for Emergency Mutual Assistance and Automatic Aid between the City of Boynton Beach and the City of Delray Beach. The agreement provides for Fire-Rescue Depatunent mutual assistance/automatic aid in times of emergency where the need created may be too great for either party to deal with unassisted or where a closest unit response is agreeable and in the public interest. The agreement has been reviewed and approved by the City Attorney's office. It is for a term of seven (7) years, expiring on September 30, 2009. No funding is required. Recommend approval of the Emergency Services Agreement with the City of Boynton Beach. S:\Cay Clerk\chevelle folder\agenda memos\Emergency Set.cea AgreementkBoynton Beach.08.20 02 [IT¥ DF DEILRI:I¥ BEI:I£H CITY ATTORNEY'I~ OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: August13,2002 MEMORANDUM Writer's Direct Line: 5611243-7090 TO: Tammy Wheatley FROM: Terrill Pyburn, Assistant City Attorney /~ SUBJECT: Emergency Services Agreement I have reviewed the attached agreement for legal sufficiency and form and it meets with my approval. Please contact me if you have any questions. Thank you. EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE AND AUTOMATIC AID BETWEEN THE CITY OF DELRAY BEACH AND THE CITY OF BOYNTON BEACH THIS AGREEMENT is made and entered into this ~ day of ., 2002, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, by and through its City Commission and the CITY OF BOYNTON BEACH, a Florida municipal corporation. WHEREAS, each of the parties to this Agreement presently maintains a Fire-Rescue Department with fire rescue equipment, fire fighting personnel, emergency medical equipment, emergency medical personnel, and other emergency capabilities; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for mutual assistance/automatic aid in times of emergency where the need created may be too great for either party to deal with unassisted; or where a closest unit response is agreeable and in the public interest; or non-emergency assistance and logistical support may be helpful to the parties; and WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities. NOW, THEREFORE, it is agreed by and between the parties that each will render mutual assistance and automatic aid to the other under the following stipulations, provisions and conditions: Section 1. Request for Aid/Assistance: Emergency mutual assistance/automatic aid/logistical support will be given when properly requested so long as rendering the aid and assistance requested will not place the assisting party in undue jeopardy. The party requesting aid and/or assistance shall provide the following information at the time the request is made: The general nature, type and location of the emergency; and The type and quantity of equipment and/or personnel needed; and The name and rank of the person making the request. All requests shall be directed through the respective parties' emergency communications center. The following officials of the participating parties are authorized to request aid and assistance under this Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders. Section 2~ Representative and Contract Monitor: The City of Delray Beach's representative and contract monitor during the performance of this Agreement shall be the Assistant Chief of Operations, whose telephone number is 561-243-7400. The City of Boynton Beach's representative and contract monitor during the performance of this Agreement shall be the Deputy Chief of Administration, whose telephone number is 561-742-6332. Section 3. Command Authority: In the event of an emergency which requires additional assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the Assistant or Deputy Fire Chief or the Incident Commander, will direct the activities at the scene where the emergency exists, but personnel responding to the call will remain under the command of their own officers at all times. Each party shall retain control over its personnel and the rendition of services, standards of performance, discipline of officers and employees, and other matters incidental to the performance of services. Each party authorizes its Fire Chief to meet with the other party's Fire Chief and develop automatic aid plans and procedures, including areas to be serviced and type and/or level of response, when the Fire Chiefs have determined that improved response times or other forms of efficiency within their respective jurisdictions and/or service areas may be achieved. The Fire Chiefs are also authorized to promulgate necessary administrative regulations and orders to implement and administer these plans and procedures. Section 4. Ability to Respond: Each party may refuse to respond to a request for aid/assistance in the event it does not have the required equipment available or if, in its sole judgment, compliance with the request would jeopardize the protection of its own jurisdiction. Section 5. Employee Functions: No employee of either party to this Agreement shall perform any fimction or service which is not within the employee's scope of duties as defined or determined by his employer. Section 6~ Employee Claims, Benefits, etc.: No employee, officer, or agent of either party shall, in connection with this Agreement or the performance of services and functions hereunder, have a right to or claim any pension, workers' compensation, unemployment compensation, civil service,, or other employee rights, privileges, or benefits granted by operation of law or otherwise except through and against the entity by whom they are employed. No employee of either party shall be deemed the employee of the other, for any purpose, during the performance of services hereunder. Section7. No AssumptionofLiability: Neither party to this Agreement nor their respective officers or employees shall be deemed to have assumed any liability for the negligent or wrongful acts or omissions of the other. Further, nothing herein shall be construed as a waiver of sovereign immunity. Section 8. Liability f or Injury: All the privileges and immunities fi.om liability, exemptions fi.om law, ordinance and rules, and all pensions and relief, disability, workers' compensation and other benefits which apply to the activity of the officers or employees of either party when performing their respective functions, within the territorial limits for their respective agencies, shall apply to the same degree and extent to the performance of such functions and duties extraterritorially. Liability for injury to personnel, and for loss or damage of equipment, shall be borne by the party employing such personnel, and owning or possessing such equipment. Section 9. Remuneration: The cost of gasoline and other normal supplies used for mutual assistance/automatic aid purposes shall be the responsibility of the party using such supplies, except that 3 certain expendable supplies including, but not limited to, foam, hazmat suits, containment barrels, or other specialty products will be replaced by the agency requesting assistance, at the sole discretion of the agency rendering aid or assistance. The parties further agree that the agency rendering ~/id/assistance may request reimbursement for any expenditure of goods or services directly from the persons, parties, or company involved in, causing, or responsible for, the incident. All compensation for personnel shall be borne by the employing party. All cost of maintenance and upkeep of equipment shall be borne by the party owning'or possessing the equipment. Section 10. Effective Date and Term: This Agreement shall take effect on October 1, 2002 and shall remain in full force and effect for a period of no less than seven (7) years, expiring on September 30, 2009, unless sooner terminated as provided herein. Section 11. Notice of Termination: Either party to this Agreement may, upon sixty (60) days prior written notice to the other, terminate this Agreement for any reason or for no reason at all. Section 12. Capital Improvement Plans: Both parties to this Agreement, on an annual basis, shall exchange Capital Improvement Plans indicating projected location(s) and anticipated time frames for construction of future fire stations within their respective jurisdictions and/or service areas. It is understood that these plans may be modified subsequent to submission and said plans are subject to subsequent funding allocations and approvals. Section 13. Assignment of Rights: Neither party shall assign, transfer or convey, in whole or in part, its rights, duties, or obligations without the prior written consent of the other. Section 14. Modification and Amendment: No modification, amendment, or alteration in the terms or conditions of this Agreement shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. Section 15. Entirety of Agreement: This Agreement represents the entire understanding of the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. 4 Section l6. Equal Opportunity: Each party represents that it will not practice discrimination as it relates to the performance of this agreement on the basis of race, sex, sexual orientation, color, religion, disability, age, marital status, national origin or ancestry. Section 17. Annual Appropriations: Each party's performance and obligation under this Agreement is contingent upon an annual budgetary appropriation by its respective governing body for the purposes hereunder. Section 1~. Remedies: This agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 19. Records: Each party shall maintain all records pertaining to the services delivered under this Agreement for a period of at least three (3) years. Each party shall maintain records associated with this Agreement, including, but not limited to, all accounts, financial and technical records, research or reports, in accordance with Florida law. Section 20. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely or as a matter of judicial constraint, be construed more severely against one of the parties than the other. Section 21. Notice of Suits: Each party agrees to notify the other of any claim, or the initiation of any legal proceeding against it which relates, in any manner, to the aid or assistance provided by the other party. Each party will cooperate with the other in the defense of any suit or action arising out of, or related to, the aid or assistance rendered under this agreement. 5 Section 22. Notices: All written notices required under this Agreement shall be sent by certified mail, return receipt requested, and if sent to the City of Delray Beach shall be mailed to: Delray Beach Fire Rescue Fire Chief 501 West Atlantic Avenue Delray Beach, FL 33444 and if sent to the City of Boynton Beach shall be mailed to: Boynton Beach Fire Rescue Fire Chief 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Each party may change its address upon notice to the other. Section23. Captions: The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 24. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 25. Indemnification: Each party shall be liable for its own actions and negligence and, to the extent permitted by law, City of Delray Beach shall indemnify, defend and hold harmless the City of Boynton Beach against any actions, claims or damages arising out of City of Delray Beach's negligence in connection with this Agreement, and the City of Boynton Beach shall indemnify, defend and hold harmless the City of Delray Beach against any actions, claims, or damages arising out of the City of Boynton Beach's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. Section 26. Enforcement Costs: Any costs or expenses (including reasonable attorney's 6 fees) associated with the enforcemem of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to this agreement. Section 27. Delegation of Duty: Nothing contained herein shall be deemed 'to authorize the delegation of the constitutional or statutory duties of state, county, or city officers. Section 28. Severability: In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portiohs of this Agreement and the same shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned parties have caused these presents to be signed by their duly authorized officers on the day and year first written above. ATTEST: Barbara Garito, City Clerk CITY OF DELRAY BEACH, FLORIDA, BY ITS CITY COMMISSION By:. By:. CityClerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney ATTEST: CITY OF BOYNTON BEACH, FLORIDA, BY ITS CITY COUNCIL By: By:, CityClerk Mayor 7 APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: August 20, 2002 Date: August 13, 2002 × Consent Agenda ~ Special Agenda ~ Workshop Agenda When: August 20, 2002 Description of agenda item:. Enter into a seven (7) year Emergency Services Agreement between the City of Delray Beach and City of Boynton Beach where both parties will render Emergency Mutual Assistance and Automabc Aid when requested. This agreement does not require funding ORDINANCE/RESOLUTION REQUIRED: YES Draft of resolubon Attached: YES Recommendation: Approval NO X NO X Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): This has been review and approved by the City Attorney's office. Budget Director Review (required on all items involving expenditure of funds): Funding avadable: Funding alternatives: Account Number. Account Description: Account Balance: City Manager Review: Yes N/A N/A No N/A Approved for agenda' e~ ~? Hold Until: No Agenda Coordinator Review: Received: Action' Approved Disapproved P.O.# MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS AGENDA ITEM #c~--<~¥. - REGULAR MEETING OF AUGUST 20. 2002 EMERGENCY SERVICES AGREEMENT WITH PALM BEACH COUNTY DATE: AUGUST 16, 2002 This is before the Commission to approve the acceptance of an Emergency Services Agreement for Emergency Mutual Assistance and Automatic Aid between Palm Beach County and the City of Delray Beach. The agreement provides for Fire-Rescue Department mutual assistance/automatic aid in times of emergency where the need created may be too great for either party to deal with unassisted or where a closest unit response is agreeable and m the public interest. The agreement has been reviewed and approved by the City Attorney's office. It is for a term of seven (7) years, expiring on September 30, 2009. No funding is required. Recommend approval of the Emergency Services Agreement with Palm Beach County. S:\City Cierk\chevelle folder\agenda re\Emergency Senaces Agreement\Palm Beach County.08.20.02 CITY JIF DEILRR¥ BEACH CITY ATTORNEY'S OFFICE 1993 200 NW 1st AVENUE ° DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 . FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7090 DATE: TO: August 13, 2002 Tammy Wheatley MEMORANDUM FROM: Terrill Pyburn, Assistant City Attorney ~""' SUBJECT: Emergency Services Agreement I have reviewed the attached agreement for legal sufficiency and form and it meets with my approval. Please contact me if you have any questions. Thank you. EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE AND AUTOMATIC AID BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH THIS AGREEMENT is made and entered into this ~ day of ,2002, by and between PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter the "County"), by and through its Board of County Commissioners and the CITY OF DELRAY BEACH, a Florida municipal corporation located in Palm Beach County, Florida (hereinafter the "City"). WHEREAS, each of the parties to this Agreement presently maintains a Fire-Rescue Department with fire rescue equipment, fire fighting personnel, emergency medical equipment, emergency medical personnel, and other emergency capabilities; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for mutual assistance/automatic aid in times of emergency where the need created may be too great for either party to deal with unassisti~d or where a closest unit response is agreeable and in the public interest; or non-emergency assistance and logistical support may be helpful to the parties; and WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Inteflocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities. NOW, THEREFORE, it is agreed by and between the parties that each will render mutual assistance and automatic aid to the other under the following stipulations, provisions and conditions: Section 1. Request for Aid/Assistance: Emergency mutual assistance/automatic aid and/or non-emergency assistance or logistical support will be given when properly requested so long as rendering the aid and assistance requested will not place the assisting party in undue jeopardy. The party requesting aid and/or assistance shall provide the following information at the time the request is made: a. The general nature, type and location of the emergency, non-emergency or logistical support; and ' b. The type and quantity of equipment and/or personnel needed; and c. The name and rank of the person making the request. All requests shall be directed through the respective parties' emergency communications center. The following officials of the participating parties are authorized to request aid and assistance under this Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders. Section 2. 'Representative and Contract Monitor: The County representative and contract monitor.during the performance of this Agreement shall be the Deputy Chief of Operations, whose telephone number is 561-616-7008. The City representative and contract monitor during the performance of this Agreement shall be the Assistant Chief of Operations, whose telephone number is 561-243-7400. Section 3. Command Authority: In the event of an emergency which requires additional assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the Assistant or Deputy Fire Chief or the Incident Commander, will direct the activities at the scene where the emergency exists, but personfiel responding to the call will remain under the command of their own officers at all times. Each party shall retain control over its personnel and the rendition of services, standards of performance, discipline of officers and employees, and other matters incidental to the performance of services. Each party authorizes its Fire Chief to meet with the other party's Fire Chief and develop automatic aid plans and procedures, including areas to be serviced and type and/or level of response, when the Fire Chiefs have determined that improved response times or other forms of efficiency within their respective jurisdictions and/or service areas may be achieved. The Fire Chiefs are also authorized to promulgate necessary administrative regulations and orders to implement and administer these plans and procedures. Section 4. Ability to Respond: Each party may refuse to respond to a request for aid/assistance in the event it does not have the required equipment available or if, in its sole judgment, compliance with the request would jeopardize the protection of its own jurisdiction. However, either party may refuse to provide non-emergency assistance or logistical support for any reason. Section 5. Employee Functions: No employee of either party to this Agreement shall perform any function or service which is not within the employee's scope of duties as defined or determined by his employer. Section 6. Employee Claims, Benefits, etc.: No employee, officer, or agent of either party shall, in connection with this Agreement or the performance of services and functions hereunder, have a right to or claim any pension, workers'compensation, unemployment compensation, civil service, or other employee rights, privileges, or benefits granted by operation of law or otherwise except through and against the entity by whom they are employed. No employee of either party shall be deemed the employee of the other, for any purpose, during the performance of services hereunder. Section 7. No Assumption of Liability: Neither party to this Agreement nor their respective officers or employees shall be deemed to have assumed any liability for the negligent or wrongful acts or omissions of the other. Further, nothing herein shall be construed as a waiver of sovereign immunity. Section 8. Liability for Injury: All the privileges and immunities from liability, exemptions from law, ordinance and rules, and all pensions and relief, disability, workers' compensation and other benefits which apply to the activity of the officers or employees of either party when performing their respective functions, within the territorial limits for their respective agencies, shah apply to the same degree and extent to the performance of such functions and duties extraterritorially. Liability for injury to personnel, and for loss or damage of equipment, shall be borne by the party employing such personnel, and owning or possessing such equipment. Section 9. Remuneration: The cost of gasoline and other normal supplies used for mutual assistance/automatic aid purposes shall be the responsibility of the party using such supplies, except that certain expendable supplies including, but not limited to, foam, hazmat suits, containment barrels, or other specialty products will be replaced by the agency requesting assistance, at the sole discretion of the agency rendering aid or assistance. The parties further agree that the agency rendering aid/assistance may request reimbursement for any expenditure of goods or services directly from the persons, parties, or company involved in, causing, or responsible for, the incident. All compensation for personnel shall be borne by the employing party. All cost of maintenance and upkeep of equipment shall be borne by the party owning or possessing the equipment. 3 Sectionl0. Effective Date and Term: This Agreement shall take effect on October 1, 2002 and shall remain in full force and effect for a period of no less than seven (7) years, expiring on September 30, 2009, unless sooner terminated as provided herein. Section 11. Notice of Termination: Either party to this Agreement may, upon sixty (60) days prior written notice to the other, terminate this Agreement for any reason or for no reason at all. Section 12. Capital Improvement Plans: Both parties to this Agreement, on an annual basis, shall exchange Eapital Improvement Plans indicating projected location(s) and anticipated time frames for const~ction of future fire stations within their respective jurisdictions and/or service areas. It is understood that these plans may be modified subsequent to submission and said plans are subject to subsequent funding allocations and approvals. Section 13. Assignment of Rights: Neither party shall assign, transfer or convey, in whole or in part, its rights, duties, or obligations without the prior written consent of the other. Section 14. Modification and Amendment: No modification, amendment, or alteration in the terms or conditions of this Agreement shall be effective unless contained in a written document executed with the same formality' and equality of dignity herewith. Section 15. Entirety of Agreement: This Agreement represents the entire understanding of the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. Section 16. Equal Opportunity: Each party represents that it will notpractice discrimination as it relates to the performance of this agreement on the basis of race, sex, sexual orientation, color, religion, disability, age, marital status, national origin or ancestry. Section 17. Annual Appropriations: Each parties' performance and obligation under this Agreement is contingent upon an annual budgetary appropriation by its respective governing body for the purposes hereunder. Section 18. Remedies: This agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single · or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 19. Records: Each party shall maintain all records pertaining to the services delivered under this Agreement for a period of at least three (3) years. The County and City shall maintain records associated with this Agreement, including, but not limited to, all accounts, financial and technical records, research or reports, in accordance with Florida law. Section 20. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely or as a matter of judicial constraint, be construed more severely against one of the parties than the other. Section 21. Notice of Suits: Each party agrees to notify the other of any claim, or the initiation of any legal proceeding against it which relates, in any manner, to the aid or assistance provided by the other party. Each party will cooperate with the other in the defense of any suit or action arising out of, or related to, the aid or assistance rendered under this agreement. Section 22. Notices: All written notices required under this Agreement shall be sent by certified mail, return receipt requested, and if sent to the County shall be mailed to: Palm Beach County Fire Rescue Fire Rescue Administrator 50 S. Military Trail, Suite 101 West Palm Beach, FL 33415 and if sent to the City shall be mailed to: Delray Beach Fire Rescue Fire Chief 501 West Atlantic Avenue Dekay Beach, FL 33444 Each party may change its address upon notice to the other. Section 23. Captions: The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 24. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 25. Indemnification: Each party shall be liable for its own actions and negligence and, to the extent permitted by law, County shall indemnify, defend and hold harmless the City against any actions, claims or damages arising out of County's negligence in connection with this 5 'Agreement, and the City shall indemnify, defend and hold harmless the County against any actions, claims, or damages arising out of the City's negligence in connection with this agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. Section 26. 'Enforcement Costs: Any costs or expenses (including reasonable attorney's fees) associated .with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to this agreement. Section 27. Delegation of Duty: Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or city officers. Section 28. Severability: In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shah not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Remainder of Page Left Blank Intentionally 6 IN WITNESS WHEREOF, the undersigned parties have caused these presents to be signed by their duly authorized officers on the day and year fu'st written above. ATTEST: DOROTHY H. WILKEN, Clerk PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: By:. Deputy Clerk Warren H. Newell, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS By: By: Assistant County Attorney Fire-Rescue ATTEST: CITY OF DELRAY BEACH, FLORIDA, BY ITS CITY COUNCIL By:. By: City Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By:. City Attorney H:\Mutual Aid Agreements\Delray Beach\Delray Beach Revised Final Format.wpd 7 AGENDA ITEM NUMBER. AGENDA REQUEST Request to be placed on: August 20, 2002 Date: August 13, 2002 X Consent Agenda ~ Special Agenda __Workshop Agenda When: August 20, 2002 Description of agenda item: Enter into a seven (7) year Emergency Services Agreement between the City of Delray Beach and Palm Beach County where both parties wdl render Emergency Mutual Assistance and Automatic Aid when requested This agreement does not require funding ORDINANCE/RESOLUTION REQUIRED: YES Draft of resolution Attached: YES Recommendation: Approval NO X NO X Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): This has been review and approved by the C~ty Attorney's office. Budget Director Review (required on all items involving expenditure of funds): Funding available: Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Yes N/A N/A No N/A Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved No Disapproved P.O.# [ITY OF I]ELRI3Y BEfl[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Dtrect L~ne 561/243-7091 1993 DATE: August 13, 2002 MEMORANDUM TO: FROM: City Commission Brian ShL~t~, ,~,ssistant City Attorney SUBJECT: Rules of the Board of Adiustment Attached please find the revised rules for the Board of Adjustment that were adopted at their August 1, 2002 regular meeting. The rules were modified to incorporate the procedures for quasi-judicial hearings that were previously adopted by the Commission. By copy of this memo to David Harden, our office requests that this item be placed on the August 20, 2002 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk Karen Schell, Executive Asst./Board Liaison RULES OF THE CITY OF DELRAY BEACH BOARD OF ADJUSTMENT ARTICLE I: GENERAL GOVERNING RULES: The Board of Adjustment (hereinat~er referred to as the Board) shall be governed by Sections 2.2.1 and 2.2.4 of Article 2.2 and Section 2.4.7 of Article 2.4 of the Land Development Regulations o£ the City of Delray Beach, as amended, and the Rules of Procedure set forth herein, as adopted by the Board and approved by the City Commission. ARTICLE II: OFFICERS, COMMITTEES: 1. The Board shall elect a Chair, Vice Chair and Second Vice Chair annually in the month of September. 2. The Chair (or in his or her absence the Vice Chair) shall preside at all meetings and hearings of the Board, decide all points of order and procedure and sign any orders or other official correspondence of the Board. The Chair shall appoint any committees which may be found necessary. 3. The Second Vice Chair shall act as Chair when the Chair and Vice-Chair are both absent. 4. The Board Clerk shall take and transcribe the minutes o£ each meeting of' the Board and carry out such other duties as may be assigned by the Board, including but not limited to, preparing all correspondence and records of examinations and hearings and other official actions of. the Board; keep a minute book recording attendance, the vote of. each member upon each question, or if absent or failing to vote, indicating such fact. ARTICLE III: MEETINGS 1. The Board shall meet every first and third Thursday of each month at 5:30 p.m., unless there is no cause to hold such a meeting or it falls on a holiday as designated by the City of Delray Beach. The Board Clerk of the Board shall notify each Board member not less than one (1) day prior to any regularly scheduled meeting of any meeting. If the Clerk's office cannot reach a member or obtain confirmation and attendance by noon the day preceding the meeting, the Board Clerk shall call on an alternate, who shall participate in the meeting in place of a designated regular member. 2. SPECIAL MEETINGS: A special meeting may be called by the Chair subject to compliance with statutory notice provisions. 3. QUORUM: A quorum of the Board consists of four (4) members. The concurring vote of four (4) members shall be necessary to decide in favor of an applicant with respect to reversing a decision of the Chief Building Official or the granting of a variance. 4. REPRESENTATION, PERSONAL INTEREST: No member of the Board shall hear or vote upon an appeal, variance or motion for re-hearing in which she or he is directly or indirectly affected in a financial way. Whenever a member or altemate member of the Board has a personal, private or professional interest in any matter which comes before the Board, that member or alternate member shall disclose said conflict before discussion and vote and shall, within fifteen (15) days after the vote occurs, file the proper form with the Board Secretary pursuant to the provisions of Chapter 112, Florida Statutes. If a Board Member determines there will be a conflict of interest on a scheduled item, and said member does not wish to attend the meeting, the member may request that an alternate be substituted. 2 5. CONDUCT OF MEETINGS: All meetings shall be open to the public. The Chair, or in his or her absence the Vice-Chair, or Second Vice Chair shall administer oaths and may upon the request of any Board Member require the attendance of witnesses. The order of business at meetings shall be as follows: meetings; (c) reports of committees; (d) (a) roll call; (b) reading the minutes of previous unfinished business; (e) hearings of cases; (f) new business. The Chair may, in his or her discretion, change the order of business at any meeting. 6. ADJOURNED MEETINGS: The Board may adjourn a regular meeting if all business cannot be disposed of on the day set, and no further public notice shall be necessary for such a meeting if the time and place of its resumption are stated at the time of adjournment and are not charged to its resumption. ARTICLE IV: ABSENCES: A Board member's absence at three (3) consecutive regular meetings shall constitute an automatic resignation from the Board by such member. Each Board member shall be responsible for notifying the City Clerk's Office as promptly as possible of any anticipated absence from a Board meeting. Except for automatic resignation from the Board, a Board Member may resign by filing a written statement of resignation with the Clerk of the City of Delray Beach, Florida. Vacancies on the Board shall be filled pursuant to Article 2.2.1(F) of the Land Development Regulations of the City of Delray Beach, as amended. ARTICLE V: APPEALS, VARIANCES AND NOTICE: 1. The Board shall have the power to hear appeals in accordance with Section 2.2.4(D) of the Land Development Regulations of the City of Delray Beach. The appeal shall be filed with the Chief Building Official on a form provided by the Board of Adjustment within ten (10) days after a written order, requirement, decision, determination, or violation notice issued 3 and signed by the Chief Building Official, Fire Chief or designees is served upon the aggrieved person by regular or certified mail} return receipt requested or upon hand-delivery. Service shall be deemed complete upon mailing or upon hand-delivery. 2. The Board shall have the power to accept applications for variances in accordance with Sections 2.2.4(D) and 2.4.7(A) of the Land Development Regulations of the City of Delray Beach. An application for a variance may be filed at any time. The variance application shall be filed with the Chief Building Official on a form provided by the Board of Adjustment. 3. An appeal or variance shall not be deemed filed unless and until payment of an appeal fee or variance fee as set forth in the Land Development Regulations of the City of Delray Beach, as amended, has been paid. Filing fees may be paid by check or money order. 4. PUBLIC NOTICE - Notice of the public heating of the appeal or variance shall be given in accordance with the City of Delray Beach Code of Ordinances and Florida Statutes. 5. AMENDMENT - An appeal or variance may be amended at any time or from time to time prior to or during the public heating of the appeal or variance, provided that the amendment does not materially alter the appeal or variance as published in the public notice so as to make the public notice of the appeal or variance misleading, or that the amendment does not request a greater variance from the terms of existing ordinances than that requested by the appeal or variance. In the event the amendment makes the appeal or variance misleading or requests a greater variance, as determined by the Chair of the Board of Adjustment, an amended public notice shall be given. The applicant shall pay an additional fee in a sum equal to the cost of publishing an amended public notice. 6. DISMISSAL - An applicant may voluntarily dismiss his or her appeal or variance at any time prior to the commencement of a roll call vote to decide such appeal or variance, and 4 such dismissal shall be without prejudice except that a voluntary dismissal operates as an adjudication on the merits of the appeal or variance when served by an applicant who has once previously dismissed an appeal or variance on the same facts or circumstances. A voluntary dismissal shall be in writing and filed with the City Clerk, unless announced at a public hearing. ARTICLE VI: HEARING AND RE-HEARING: 1. An appeal or variance shall be heard within forty (40) days from the time of filing the appeal or variance with the Chief Building Official. Appeals and variances shall be heard in order of their filing; amended appeals or variances shall have priority according to thc date of the amendment if an amended public notice is required. 2. At the hearing, the applicant or any other party may appear on his own behalf or be represented by an agent or an attorney. If the applicant does not appear on his own behalf at the hearing, he shall file with the Board Clerk prior to the hearing a statement, made under oath, authorizing such other person to represent him at the hearing. 3. Procedures for Quasi-Judicial Hearings. (A) Definitions: Applicant - the owner of record or his or her authorized agent. Citizen Participants - those members of the general public, other than the City, thc Applicant, or other Party to the proceeding, who attend a quasi-judicial public hearing for the purpose of being heard on a particular application. Ex Parte - communications, oral or whtten, between members serving on the board or commission and the public, other than those made on the record at the hearing. Party - the owner of property located within 500 feet of the property that is the subject of the application and who meets the additional requirements set forth in Section (B)(2) below. Quasi-Judicial Proceedings - proceedings where existing policies and regulations are applied to a specific property. Examples are site specific rezonings, conditional use approvals, site plan approvals, waivers and variances, plat approvals, certificates of appropriateness, historic designations, but not land use amendments or amendments to the comprehensive plan and not generally, amendments to the Land Development Regulations. Relevant Evidence - evidence that either strengthens or weakens the application by supporting or disapproving factual assertions related to the application. (B) General Processing for Hearings (1) File/Inspection. (a) Establishing the File. The Building Department shall establish a project file. All written communications shall be sent to the Building Department. The project file will be maintained in the Building Department. (b) Contents of the File. The project file will contain all written communications that are sent to the Building Department prior to the hearing. The project file will include, but not be limited to, all Staff reports, pertinent sections of the Code of Ordinances, Land Development Regulations, Comprehensive Plan, or State Statute, whichever is applicable. The file will contain resumes of staff or curricula vitae, drawings, documents and all other pertinent documents. (c) Supplementation of the File. The Board clerk will supplement the project file with all documents submitted at the hearing. (d) File for Inspection. The project file will be made available upon request for public inspection. (e) File Placed into the Record. The Building Department Staff member making the presentation shall place the project file into the record at the hearing. (2) Party Status (a) Party Status - Written Requests; Timeframe. In order to obtain status as a Party, the owner of property located within 500 feet of the subject property must make a written request, meeting the requirements of (B)(2)(b) below, which is received by the Building Department three or more business days prior to the hearing. (b) Contents of Request. The written request shall outline the effect of the application on the owner's property. To obtain Party status, the owner must describe the effect of the application on owner's property that is different from the effect on the public as a whole. The City Attorney's Office will advise as to whether sufficient facts have been alleged to achieve Party status and shall notify the person requesting Party status of (c) the City Attorney's Office opinion as to the adequacy of the request. Ultimate decisions as to Party status shall be made by the Board. The decision to confer Party status at the hearing before the Board shall not be seen as a waiver of the City's tight to contest the standing of any Party in court. (3) Time Limits (a) Staff Time Limits. The City Staff shall have up to 20 minutes (including the presentation of witnesses and expert witnesses) to present the city's case. (b) Applicant Time Limits. The Applicant shall have up to 20 minutes (including the presentation of witnesses and expert witnesses) to present the Applicants case. (c) Party Time Limits. A Party may have up to 20 minutes (including the presentation of witnesses and expert witnesses). (d) Citizen Participants in General. Citizen participants not represented by a representative speaker shall have three (3) minutes to speak. (e) Participants with a Representative. Speakers representing a group of six (6) or more interested citizens in attendance at the meeting shall have six (6) minutes to speak, as long as those being represented identify themselves and yield their time to the representative at the meeting. (f) Representing an Organization. Speakers representing an organization that is comprised of interested citizens shall have six (6) minutes to speak. (g) Extension of Time by the Board. The Board may, at their discretion, extend the time for presentations. Conduct of the Heating. (1) Swearing in of Witnesses. All Witnesses, Parties, the Applicant, Citizen Participants and their representatives and City Staff who plan to speak at the heating shall collectively be sworn at the beginning of the heating by the Chair, Vice-Chair, 2nd Vice-Chair, or the Board clerk. (2) Disclosure of Ex Parte Communications. The Board shall disclose any ex parte communications and disclose whether any member physically inspected the property. To the extent possible, the Board member shall identify with whom the communication took place, summarize the substance of the communication, and the date of the site visit, if any. The Board members shall give the Board clerk any written ex parte communications they have received that are not already included in the project file. (D) (3) Presentation of the Case. (a) The City Staff shall present its case. (b) The Applicant shall present its case. (c) Parties may present their case. (d) Citizen participants or their representatives may speak for or against the application. (e) The opportunity to cross-examination will occur after the presentation of a witness, and the manner and the conduct of cross- examination shall be as provided in these rules. (f) The City Staff, the Applicant, and Parties may have two minutes each for rebuttal (g) The Board may ask questions at any time during the proceeding. (h) The Board will commence deliberations and render a decision. (4) Basis of Decision. All decisions shall be based on the evidence presented at the hearing on the case, which shall include the minutes, the entire project file, testimony presented, and other evidence presented. Strict rules of evidence shall not apply, but evidence must be relevant to the issues before the Board. Cross-examination. (1) Persons to be Cross-Examined. The City Staff, the Applicant, Parties, their respective witnesses and Citizen Participants are subject to cross- examination as set forth herein. (2) Cross-Examination Guidelines. (a) Citizen Participants are subject to cross-examination by the Board Chair only. In the event of an absence of the Board Chair, the term Board Chair shall be deemed to include the person authorized to run the meeting in their absence. If the Staff, the Applicant, or Parties desire to have the Board Chair cross examine a Citizen Participant, they shall, whenever possible, present written cross-examination questions to the Board Chair prior to the commencement of the cross-examination. The Board Chair shall first ask the cross-examination questions submitted by Staff, then the Applicant, and finally the Parties based on who submitted a request and became a Party first. The Staff, Applicant, and any Parties' cross- examination through the Board Chair is limited to two (2) minutes per Citizen Participant. 8 (b) Only the City Staff, the Applicant, or a Party may cross-examine non-Citizen Participant witnesses. (c) Cross-examination by City Staff, the Applicant, or a Party shall be limited to two (2) minutes per witness each. (d) The Board is not limited to two (2) minutes and may ask questions of anyone who testifies at any time during the proceedings. (3) Relevancy. All relevant evidence shall be accepted. (4) Scope. The scope of the cross-examination shall be limited to the facts alleged by the person testifying in relation to the application. (5) Good Faith Questions. The cross-examination shall not be designed to merely harass, intimidate, or embarrass the person testifying. (6) Power to Halt Cross Examination. The Board Chair shall determine whether the question and evidence is relevant and the proper scope of cross- examination. In the absence of the Board Chair, the term Board Chair shall be deemed to include the person authorized to run the meeting in their absence. The Board Chair may defer to the City Attorney (or Assistant City Attorney) to determine the relevancy of the question and the evidence and the proper scope of the cross-examination. The person conducting the cross-examination may be stopped from pursuing a line of questioning, if the questioning is on an issue that is not relevant, the scope of proper cross examination is exceeded, or the cross- examination is conducted in a manner that is designed to harass, intimidate, or embarrass the person being cross-examined. If a person conducting the cross- examination continues to pursue improper lines of questioning, the Board Chair may halt the cross-examination. DECISIONS - A decision on any appeal shall be made at the public hearing. Voting shall be a roll call vote. Roll call shall be on a rotating basis. The voting of each member shall be "yes" (in favor of the motion) or "no" (opposed to the motion). A concurring vote of four (4) members of the Board shall be necessary to reverse any decision, determination, order, or requirement of the Chief Building Official or Fire Chief or designee, or to decide in favor of the applicant on any matter upon which it is required to pass under existing ordinances, or to effect any variation in the application of existing ordinances. 9 5. A decision is not final until the time within which an applicant may file a motion for rehearing expires, or, if a motion for reheating is filed, when it is denied, or if it is granted, at the time the decision by the Board is rendered at the reheating. 6. REHEARING - The City or applicant may file a written motion for rehearing of the decision rendered by the Board on the appeal or variance. The motion shall be filed with the Chief Building Official within ten (10) days of the date the decision is rendered. No filing fee shall be required. The concurring vote of four (4) members of the Board shall be necessary to grant a motion for reheating. The motion for reheating may be based upon the following grounds: (1) newly discovered evidence which by due diligence could not have been discovered in time to present at the public heating; (2) fraud, misrepresentation or other misconduct of any person who submitted evidence to the Board; (3) mistake, inadvertence, surprise or excusable neglect; or (4) the Board has overlooked or misapprehended any material points of law or fact. If the Board grants a motion for rehearing, public notice of rehearing shall be given at the cost of the applicant. 7. REFILING OF APPEAL OR VARIANCE AFTER FINAL DECISION RENDERED- Notwithstanding, the rendering of a final decision by the Board with respect to an appeal or variance from the terms of existing ordinances, an applicant may refile such appeal or variance at any time if there has been a substantial change in facts, circumstances or conditions. The milled appeal or variance shall proceed in the same manner as an initial appeal or variance. ARTICLE VII: AMENDMENTS; EFFECTIVE DATE: 1. These rules of procedure may be amended by a concurring vote of four (4) members of the Board, provided that the proposed amendment has been presented to the Board at least one week prior to its adoption. 10 (2) years. 3. These roles of procedure shall be reviewed by the Board not less than every two Recommendations for proposed amendments shall be made in writing. These roles shall become effective following their approval by City Commission. These Rules of Procedure were adopted by the Board of Adjustment on the 1~3~ day of -fffiair, Soar~ of Adjust~ Approved by City Commission on the ~ day of ATTEST: By: City Clerk David Schmidt,Mayor ,20 . CITY OF DELRAY BEACH, FLORIDA By: 11 DELRAY BEACH NI-AmedcaCity 1993 2001 100 N W 1st AVENUE DELRAY BEACH, FLORIDA 33444 i IEMOR DUI I TO: FROM: David T. Harden City Manager tRobert A. Barcinski Assistant City Manager DATE: Augusl3, 2002 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING AUGUST 13~ 2002 SPECIAL EVENT APPROVAL - 8TM ANNUAL DELRAY BEACH CRAFT FESTIVAL ACTION City Commission is requested to endorse the 8th Annual Delray Beach Craft Festival to be held on September 21st and 22ua from 10:00 a.m. - 5:00 p.m., to grant a temporary use permit per LDR Section 2.3.6 (H) for the use of NE/SE 4th Avenue, one block north/south of Atlantic Avenue, and the Hand's parking lot for vendor parking and to authorize staff support for police security. BA CKGR 0 UND Attached is a request from Howard Alan Events, Ltd. for this event. Part of the proceeds will be shared with the Joint Venture ($2,500). The City is requested to provide police security for this event. The event sponsor will provide vendor approval, site clean up, port-o-lets, and barricading. Barricades will be left on Friday and set up by the sponsor. No overtime is anticipated for barricading. The estimate for Police overtime is approximately $2,000.00. This is not a new event. The event sponsor has provided the certificate of insurance, hold harmless agreement and event budget. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit, and approval of staff support for police security with the sponsor paying all police overtime costs. RAB/tas 561/243-7000 File u sweeney/event Doc'howard alan 8tn annual THE EFFORT ALWAYS MATTERS July 30, 2002 Mr. Robert Barcinski Assistant City Manager City of Delray 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mr. Barcinski: F/NEST We are planning for the 8~' Annual Delray Craft Festival, to be held September 21 - 22, 2002 on NE and SE 4th Avenue from NE 1st Street to SE 1st Street. Atlantic Avenue and bypasses will remain open. Please be advised that the following logistics for the 8th Annual Delray Craft Festival will be arranged: Street Closure: Bob's Barricades will drop off barricades on Friday, September 21, 2001, and our employees will set them up early Saturday morning. Police: Lynn Parker at the Delray Police Department will arrange for Police and Secudty from 10:00 am - 5:00 pm on Saturday and Sunday, and overnight Saturday from 6:00 pm - 6:00 am. Port-O-Lets and Dumpster: 3 regular and 1 handicap portolet have been ordered through Anderson Rentals and will be dropped off on Friday, September 20, 2002 and will be picked up on Monday, September 23, 2002, with servicing on Sunday, September 22, 2002. They will be placed next to the Library. A 20-yard rolloff dumpster is ordered from BFI and will be dropped off on Friday and picked up on Monday as well. Trash Receptacles: Trash receptacles will be supplied and maintained by our professional clean-up crew, Profest (Mitch). They will handle clean up of the trash throughout the area each day. Vendor Parking: Parking will be at Hand's Parking Lot. (North side next to NE Ist Street) Insurance: City required certificates will be issued. If you have any questions, please feel free to call me at (954) 472-3755. n, President n Events, Ltd. 9695 W. BROWARD BLVD. ' PLANTATION. FLORIDA 33323 (954) 472-3755 ' FAX (954) 472-3891 ww~ .artfe,tival.com Sent By: HOWARD ALAN EVENTS; 9544723891 Aug-6-02 16:27; Page 1/I To'. American Craft Endeavors 8th Annual Deiray Craft Festival September 21 - 22, 2002 PROPOSED BUDGET FOR SEPTEMBER 2002 IncM11e Number of Crafters t01 Number of Food Vendors 3 Total Revenue EXPENSES AdvertiMng: Boca Rsl~n News Palm Beach Post ~)c)uU1 Florida Newspaper Sun Ge~nel Advertl, lng SubTotal PermE Signage Sanitation Sanitation Sanitabon Barricades Security Rentals Graphic~ for advertising Payroll Rental Property Lodgings and meals, travel One Million Dollar liability ins policy Admini$1Tetlve Overhead Palm Beach County Health Ex AA Sign Lines Ex Anderson Renals Ex BFI Ex Pm Fest Ex Bob's Barricades Ex City Of Delray Beach Ex Pro Fest Ex Expense Ex Helayne Stillings & 8taft Ex Delray Joint Venture Ex E~ telephone, mailings, ere Service SubTotal Total Expenies Crafter Revenue Food Vendor Revenue Ex~nes Ex~n~ ~n~ Expan~ ~nse ~nse wn~e 3ense ~en~e 3en~e 3ens~ )ense )ense ',, ,$1,, ,,~04~'40 $16,7M.40 $7O8.60 $1,~1,t2 $32~.00 $1 ~,S4,4.80 $4,129.42 S6oo .oo $6o3.~ $74S.35 ~70.00 $Z12.00 St,050.08 $114.70 $76.00 Sl ,677.80 $2,5O0.00 $13,937.86 Show Profit S2,766.54 ~= ~.v.~ ~ PAGE~ ;)2 ~)8/25/99 WED 14:21 FAX 561 243 7314 ENYIIION'~-~NTAL SR¥. DEPT. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~7~ REPORT OF APPEAI.&BLE LAND DEVELOPMENT BOARD ACTIONS AUGUST 16, 2002 Attached is the Report of Appealable Land Use Items for the period August 5, 2002 through August 16, 2002. It informs the Commission of the various land use actions taken by the designated boards, that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S:\City Clerk\chevelle folder\agenda memos\apagmem.08.20.02 TO: THRU: FROM: SUBJECT: PAUL DORLING, Dlnnnnnnnnnnnnnnn~CTOR OF PLANNING AND ZONING MIN ALLEN, PLANNER MEETING OF AUGUST 20, 2002 *CONSENT AGENDA * REPORT OF APPEALABLE LAND USE ITEMS AUGUST 5, 2002 THRU AUGUST 16, 2002 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of August 5, 2002 through August 16, 2002. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. A. Denied (6 to 0), fiat wall signs for Coldwell Banker, located at the northwest corner of East Atlantic Avenue and Andrews Avenue (1185 East Atlantic Avenue). The Board denied the request because it did not meet the criteria of the established blanket sign program. B. Approved (5 to 0, Eliopoulos stepped down), a master sign program for Autobahn Motors, located on the west side of North Federal Highway, south of Gulfstream Boulevard (1710 North Federal Highway). The Board however, tabled the monument sign on North Federal Highway because the proposed color copy did not match the building and felt that the sign was "too busy" and not portioned. City Commission Documentation Appealable Items Meeting of August 20, 2002 Page 2 C. Approved (6 to 0), a request for a color change for I.H.O.P. Restaurant, located on the northeast corner of West Atlantic Avenue and Military Trail (4745 West Atlantic Avenue). D. Approved (6 to 0), a Class I site plan modification and architectural elevation changes associated with the construction of a new storefront to accommodate an entrance for Staples, located within the Plaza at Delray, at the northwest corner of Linton Boulevard and South Federal Highway (1628 South Federal Highway). E. Denied (6 to 0), a Class I site plan modification and architectural elevation changes associated with the replacement of the existing flat concrete tile roof with a new dimensional asphalt shingle roof for Waterford Apartments, located south of Linton Boulevard, between 1-95 and Lindell Boulevard. The Board denied the request as they felt that the flat concrete tiles should be reapplied in keeping with the Colonial architectural style of the building. Approved (5 to 0, Eliopoulos stepped down), a Class V site plan, landscape plan and architectural elevations associated with the construction of six townhomes for Calypso Bay Townhomes, located on the west side of Gleason Street, approximately 100' south of Miramar Drive. G. Approved (6 to 0), a Class II site plan modification, landscape plan and architectural elevations associated with the establishment of a private school for Paladin Academy within the Lake Ida Plaza, located at the southwest corner of Lake Ida Road and Congress Avenue. H. Tabled (6 to 0), a Class V site plan, landscape plan and architectural elevations associated with the establishment of a car wash for Rub-A-Dub Carwash, located at the southwest corner of SE 5th Avenue (southbound Federal Highway) and SE 7th Street (710 SE 5th Avenue). The Board directed the applicant to flip the building from the north to the south side in order to provide an additional landscaping and relocate the detail area. Approved (5 to 0), a Class V site plan, landscape plan, architectural elevation and Certificate of Appropriateness associated with the conversion of a two-story contributing residence to retail for Vintage Rose, located at the northwest corner of NE 1st Street and NE 1st Avenue (102 NE 1st Avenue). Approved (5 to 0), a Certificate of Appropriateness associated with the construction of a one-story addition to the rear of the building for Villa Abrigo, located at the southwest corner of NE 1st Avenue and NE 3rd Street within Banker's Row (248 NE 1st Avenue). City Commission Documentation Appealable Items Meeting of August 20, 2002 Page 3 Approved (5 to 0), a Certificate of Appropriateness associated with the installation of a flat wall sign for Caribe Cafe, located on the south side of East Atlantic Avenue, east of Palm Square (814-816 East Atlantic Avenue). Approved (5 to 0), a Certificate of Appropriateness associated with the installation of hurricane panels for Skinner Dental Lab, located on the east side of NE 3rd Avenue, north of NE 7th Street (703 NE 3rd Avenue). No other appealable items were considered by the Board. However, the Board did consider the following item: Approved (3 to 2, Jamison and Elliott), a request for a variance to allow a reduction in the side interior setback from 10 feet to 4 feet to allow the construction of a swimming pool for the Gorndt Residence located at 117 NE 7th Street. No Regular meeting of the Planning and Zoning Board was held during this period. By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- August 20, 2002 GULF STREAM BLVD L-30 CANAL S.P.R.A.B. A. COLDWELL BANKER B AUTOBAHN MOTORS C. IHOP RESTAURANT D. STAPLES - PLAZA A T DELRA Y E WATERFORD APARTMENTS F CALYPSO BAY G. PALADIN ACADEMY H. RUB-A-DUB CAR WASH H P.B. I VINTAGEROSE 2. VILLA ABRIGO 3 CARIBE CAFE 4 SKINNER DENTAL OFFICE N W 2ND ST S W 2NO ST SW LINTON C-15 CANAL J I I I l ..~ CITY LIMITS /%. / / V ONE MILE GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 2002 - - DIGITAL BASE MAP SYSTEM - - MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS AGENDA ITEM '~ - REGULAR MEETING OF AUGUST 20. 2002 AWARD OF BIDS AND CONTRACTS AUGUST 16, 2002 This is before the City Commission to approve the award of the following bids: Bid award to Republic Construction and Development, Inc. in the mount of $80,794.00 for the replacement of two (2) lifeguard towers. Funding is available from 334-6112-519-62.14 (General Construction Fund). Purchase award to Comark Government Education Sales in the amount of $33,978.00 for the purchase of six (6) new laptop computers for the Police Department Patrol Officers under State Negotiated Agreement Price Schedule (SNAPS) Contract No. 2501937-2. Funding is available from 115-2112-521-64.90 (Federal Asset Forfeiture Account). Purchase award to Accris Corporation in the amount of $84,107.00 for the purchase of a network back-up and recovery software and hardware system. Funding is available from 334-6112-519-64.12 (Office Equipment). Purchase award to Presidio Corporation in the amount of $22,939.42 for the purchase of hardware, equipment, and associated inst~!!~tion costs to extend the wireless communication project to Fire Station 3. Funding is available from 334- 6112-519-64.90 (Other Machinery/Equipment). Recommend approval of the above bids and purchases. S:\City Cleflt\chevelle folder\agenda memo\Bid Memo. O~.20.02 £1T¥ OF DE[RI1¥ BEII£H pE, L RoA~. B,EA, FH~ 1993 2001 100 N.W. lstAVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Lifeguard Tower Replacement, Bid #2002-33 DATE: August 14, 2002 We had hoped to build four lifeguard towers this year, but only two had been permitted by Tallahassee. Building two additional towers requires another permit which architect David Miller advises would take a minimum of two months. Because of turtle season, the only time of year to build these towers is between Labor Day and Thanksgiving. Mr. Miller feels Tallahassee may allow local permitting of any additional towers after the initial two towers are completed, thus facilitating advance planning for the construction of four more towers in the next fiscal year. The original construction cost for this project was $99,300. Victor Majtenyi has suggested cost saving items (see attached) that would reduce the cost to $80,794 (savings of $18,506) if awarded to Republic Construction and Development. Following is a summary of cost saving change items: Item #2 - Use pressure treated wood instead of recycled plastic lumber on decking. · Item #4 - Hardie Board siding replaces cedar wood siding. · Item #5 - Eliminate rescue board storage area under deck of tower. · Item #7 - Impact resistant glass used in windows and doors eliminates the need for a shutter system. · Item # 8 - Eliminate plastic laminate covering on cabinetry constructed from wood. Items #6 and #7 are mutually exclusive. Either impact resistant glass in doors and windows is used, eliminating the need for a protective shutter system (Item #7), or tempered glass is used, requiring a more costly shutter system (Item #6). Architect David Miller recommends the use of Item #7. ~Prlntedonl~ecycledPaper THE EFFORT ALW^YS MAmTE S 2 To date, this project has required a service authorization for the architect, a site survey and soil borings. There is a balance of $73,629 in account #334-6112-519-62.14 (lifeguard towers). With the cost saving changes above, the total cost for building the two towers will be $80,794. The deficit of $7,165 can be transferred from account #334- 6111-572-63.64 (Currie Commons Park lighting). The concrete tile roof will remain as per the design to retain the look of the existing towers without significantly increasing the cost. Please place this on the August 20, 2002 agenda for City Commission consideration. Di~ctor of Parks and Recreation At t achment cc: Chevelle Nubin Agenda Coordinator Rich Connell Assistant Director of Parks and Recreation Bob Taylor Ocean Rescue Superintendent JW:cp Ref:lgtwrrpl Beach Li~uard Towers, Re-Bid P/N 99-042 Bld'lab 6 Fum~h & ~ ~ onlT, w/s~ed GRO~F 6 waterproof fm=,h and ~pper ~q~, eaoK of Fo~ (8mu~ of four for mx futu~ towe~) TOTAL BID PI~ ALTERNATE Engineered Environments, Inc. KXTENDED UNIT PRICE TOTAL PRICE $1,636 00 $3,272 OO s~,ooo oo $~,ooo oo $5,OO0 00 $5,000 00 $10 00 $10 OO $4,839 00 $29,O34 OO Spades Constructors Inc. EXTENDED UNIT PRICr TOTAL PRIC~ $38,,333 OO $76.666 O0 $1,600 00 $3,2OO OO $5,000 00 $5,000 OO $10 00 $10 00 $3,600 OO $21,600 OO $111,476.00 Republic Construction & Development EXTENDED UNIT PR]CE TOTAL PRICE $42,OOO O0 $84,0OO OO $2,645 OO $5,29O O0 $5,O0O OO $5,OOO O0 $1000 $10OO S~',300.00 $4,450 O0 $26,700 O0 $12000.00 DESCRIPTION UNIT E~:T. roof Use 2X pre~ tre~ed wood dzdrm8 m heu ~ 2 of~~~ U~ ~w~m~of ~ 0 ~~m~of~ ~ 2 ~~ ~~m~of ~ 0 ~ ~ 2 ~ p~o ~ ~ 2 ~a~of4 T~ C~ ~ ~ O~ OPTION A Award for 2 tom~ & Add Total Base Bid For two TOTAL C~ (2 Tmmn) *nly of Fora 0 TOTAL Cm~t Award f~- 2 T~ UI~ PRICE TOTAL PRICE ($~oo oo) $oOO ($600 00) (S1,200 OO) ($1,32~ OO) ~o oo ($205 00) (S4~o 00) ($9oo 00) ($1,soo 00) ($2,~00 00) So oo ($3,37~ 00) ($6,7~ 00) (~477 50) ($955 00) -2% of I~otal d all four $85,775 O0 ~,,839 00 $0 00 ~Cf~o~DED UNIT PRICK TOTAL PRICE (S250 oo) ~o oo (s2~o oo (ss~ ~) (s~ ~) ~ ~ $89,87600 ($3,mo oo) $86,27600 UNIT PRICE TOTAL PRICE ($279 0~ $0 00 ($~o4 oo (S608 oo~ (~2Sl oo) ($.~2 ooj ($1,464 00 ($2,928 OO ($3,683 OO $0 OO ($5,722 00 ($~ 1,444 (S18,5~ oo) $80,794 O0 Be~:h U~gu~d Tw~,~, Re.~ld, P/N ~&042 P~g~ 1 o1'1 Date: August 14~ 2002 AGENDA REQUEST Request to be placed on: ...... Consent Agenda x Regular Agenda When: August 20, 2002 Workshop Agenda Special Agenda (if applicable) Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: ~)/No Initials: Hold Until: Agenda Coordinator Review: Received: Description of Agenda Item (who, what, where, how much): Request awarding Bid #2002-33 (lifeguard tower replacement) to Republic Construction and Development in the amount of $80,794 to be funded from account #334-6112-519-62.14. The present deficit of $7,165 will be transferred into this account from account #334-6111-572-63.64 (Currie Commons Park lighting). S~gnature: ~ ~ ~ /\ Budget Director Review (required on all items involving expenditure of funds): MEMORANDUM TO: FROM: THROUGH: DATE: David Harden, City Manager Jacklyn Rooney, Purchasing Supervisor Joseph Sa~ance Director August 15, 2002 SUBJECT: DOCUMENTATION ~ CITY COMMISSION MEETING AUGUST 20, 2002 - PURCHASE APPROVAL LAPTOP COMPUTERS FOR PATROL OFFICERS FROM COMARK GOVERNMENT EDUCATION SALES VIA STATE OF FLOR1DA SNAPS II AGREEMENT $$2501937-3 Item Before Commission: City Commission is requested to approve the purchase of six new laptop computers for the Patrol Officers for the Police Department for a total cost of $33,978 from Comark Government Education Sales via the State of Florida SNAPS II (State Negotiated Agreement Price Schedule) Agreement $$2501937-3. Background: The Police Department is requesting the purchase of these laptops for the use of the Patrol Officers. See attached memo dated August 02, 2002. These laptops are available from Comark Government Education Sales via the State of Florida SNAPS II Agreement $$2501937-3. Per attachments, Comark Government Education Sales has submitted a price quotation dated July 19, 2002 and documents from SNAPS II showing the renewal to Comark Government Education Sales with an expiration date of August 08, 2003. Recommendation: Staff recommends approval of the purchase of six (6) laptop computers for the Police Department via the State of Florida SNAPS II Agreement #2501937-3 for a total cost of $33,978. Funding from account code 115-2111-521-4~h-9¢- Federal Asset Forfeiture Account. Attachments: Memo from Police Department Price Quote From Comark Government Education Sale Lunsford, Tina From: Sent: To'. Subject: Chaisakul, Montd Tuesday, July 30, 2002 1:41 PM Lunsford, Tina FW: 6 New Panasonic CF-28 Laptops FYI Thanks, MontriC .... ~)riginal Message ..... From: Zuccaro, Richard Sent: Tuesday, 3uly 30, 2002 1:02 PM To: Chaisakul, Month Subject: RE: 6 New Panasonic CF-28 Laptops OK. --Original Messagc From: Chaisakul, Montri Sent: Tuesday, July 30, 2002 11:04 AM To: Zuccam, Richard Subject: FVV- 6 New Panasonic CF-28 Laptops Please approve the PO when it gets here. Thanks, MontriC already reviewed the specifications. ---Original Message ..... From: Lunsford, Tina Sent: Tuesday, .]uly 30, 2002 8:53 AM To: Chaisakul, Montri Cc: .lunghans, David L.; Phillips, Ralph Subject: 6 New Panasonic CF-28 Laptops Montd, We in the process of ordedng 6 new Panasonic CF-28 laptops for use by Officers. We recently got new vehicles in for our Community Service Officers (CSO's) and they need to be issued laptops for access to Dispatch and report writing. The new CF-28 laptops will be issued to senior officers and their old CF-27's will be issued to the CSO's. Attached you will find the quote from Comark for the new laptops. You should be seeing the requisition come through within the next 2 days. If you have any questions, do not hesitate to contact me. << File: 072302dbpdtltkl.xls >> AUG-14-2002 14:35 COMARK GOUT ~ EDUC SALES 850 222 5457 P.0~x03 Slate PurChasing ~ ,~0,.';0 Esplanade Way · Tallaha, see, Ftarida 32:]99-0950 · To be comp/glad by lbo Vendor · SNAPS ,Tide: infnrmation Technnlnav Consulfinn - ~ · -~ - /- . ~1 Four ~i~ No. ' Federal Employment Identification or S.S. Number 36-394-9000 ' Vendor Name Gorpalrk Goven~ment & Education ' Vendor Mailing Address 105 West 5th Avenue · ' Sta~ Florida · Telephone Number ' Internal Address ' Area to be Served * Warrardy 813 637-7020 www.comark.com Complete State of Florida ..... · SPUI~S No. 36-394-9000-004 ' City Tallahassee · Zip 32303 ' Tall-Free Number 800-491-6822 "E-mail Addr~s sstore?-~_comark, com ° Fox Number 850-222-3457 30 days. after service provided warranty i. laURP~$E-' under authority o; Section 287.042(1)(a] and [2){a), the purpose oF this proposal is to esh:d~Jish a negatt- sled agreement ~or commodities or services thaf are no! available Frown CZ State Term Conkoct. The agreement w~l pray/de State Purchoslng an appartunify to evaluate, assess and determine the need, benefit and value al: commOdities or services, and the feasibility of establishing slate term contracts, through tim competitive process. 1'ne agreement will free eligible users from the necessity of obtaining carnpetitive quotolions Far a single purchase of commodities/services lataling less t~an Category II. The agreemenf~ does not exempt eligible users from I'he competil~ve bidding proces~e~ described in section 287.F.5. [or commocJ~es/services over the amount of Calegory IL Eligible u~ers are state agencies, Federal agencies, counties, municipalities, end institutions qualified pursuant to 240.605, F.S.; pr~vcde non-profit community transpartafion coordinators conducting business related ~o/ely to the Commission lar the Transportation Disadvantaged qualified pursuant to 427 F.S. 2, The edabJishment oF ~is agreemem does no! constitute an endarsemesd oF the products or services by Stat~ Purchasing. 3. Sl~lAla$ II c~gremments am not exclusive and other ~endors may oFFer similar products and services. Usage of SNAPS II by store agencies is not mandatary. Vendors and agencies using SNAPS II have other purchasing atternatives available. These purchasing ahernat{ves am defined in Chaplet 2B7 F.S. 4. ORDERING UMITS: State agencies may issue single purchase orders up la Category II, and k>l~l cumulatively up to CATEGOgY IV in an agreement year. Total agency-wide acquisitions du~ng t~e eachyear of the a~reernent shall nat exceed the threshold amount For Category IV, except t~at acquisitions by agencies with decentralized purchasing I~unctianx shall be considered on the basis oF eac~ purchasing office that maintains fu[14ime purch~asing staff. S. PFIJCE$, TERMS AND PAYMENT: Firm prices shall be oEtered and ~nc]ude all pecking, handling, s~ipping charges and delivery unless otherwise indicated. The vendor's name end address shown on invoices must be ,denticaJ to th-, vendor's name and addre~ on the purchase order. (a) Taxes: The State gE Florida does eel pay Federal Exci~a and So[es taxes an_direct purchase~ of ta.ngible parse, al praFmrty. See mx exemption nun~ber on Face af purch~e order ar agreement form. This exemption does nat a~ply to purchases oF tangible personal property in the performance oF ogreemenls For the impravemenf of state-awnea real property a~ defined in Choprer 192, Florida Stalu~ b) Invoicing and Paymenl: The vendor shall be paid upon submission af properly cra'liFted invoices to t}m purchaser at 1 OF9 TOTAL P.03 AUG-14-2002 14:38 COMARK GOUT & EDUC SALES 850 222 345? P.02/02 Services /Lgriculture Industry Events _Communit~ R~.sou r_c_=_~ C.onsunleF A~sl~tance Disaster Management Edm:ati_o~ Elders E_m_ ~Lo~ _m__e_n_t Environment Health & Humal] Servj;~ L_i_¢_~n_~_i n_ g _& P_ ennJtting P_ubJi; Science & _T_e_c h n.o_logy Tr_ar~ap_o~ation search I directory; contact us 1 411 I subscribe I tour l help Business & Industry > Search > SNAPS $_earc_h_F_qr__m > SNAPS Agreement SNAPS AGREEMENT TITLE: COMARK RUGGEDIZED NOTEBOOK COMPUTERS AGREEMENT NUMBER :2501937 -3 TERM OF AGREEMENT: Regin date- 05-10-2000 End date: 05-09-2003 VENDOR: COMARK GOVERNMENT & EDUC SALES 105 W 5TH AVE TALLAHASSEE. FL 32303 SPURS NO: F363949000-004 MBE CODE: NON-MINORITY (A) CONTACT: DEBBIE SEHI PHONE: 850-222-0555 COMMODITY CLASS: 2.50 COMMODITY GROUP: 040 DELIVERY: 30 days ARO WARRANTY: APPROVED PRICE SCHEDULE & DATE: 1_) Pdce list eft 04/06/2000 Expire date: 05-09-2003 2.) Amended Price list eft 2/22/01 Expire date: 05-09-2003 CONTACT VENDOR FOR COPY OF PRICE SCHEDULE & CONTRACT INFORMATION. Panasonic notebook computers - highly nggedlzed notebook computers that keep out moisture & dirt. Authorized Dealer: Unisys Corporation 1545 Raymond Diehl Rd, Tallahassee, FL 32308 Phone 850-298-5613 and FAX 850-298-5696 Contact person ~s RObert Abernathy Co_p_y_rig_h_t~__2_00_0...State Of Florida Privacy Statement TOTAL P. 02 Request to be placed on: X Consent Agenda When: August 20, 2002 Description of agenda item: AGENDA ITEM NUMBER: AGENDA REQUEST Date: August 2, 2002 Special Agenda Workshop Agenda This request is for the approval for the purchase of six (6) new laptop computers for Patrol Officers. The computers are being purchased from a State of Florida Contract, #2501937-2, and has been approved by MIS. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES NO X YES NO X Recommendation: Approval Department Head Signature: Determination of Consistency with Compm~h~: N/A City Attorney Review/Recommendation (if applicable): N/A Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes X No Funding alternatives (if N/A applicable): Account Number. Account Description: Account Balance: City Manager Review: Approved for Agenda: Hold Until: Federal Asset Forfeiture Account No Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # To: From: Date: David T. Harden, City Manager Joseph M. Sa~~ance Director August 15, 2002 Subject: Commission Approval of Network Backup & Recovery Software and Hardware Item Before Commission: City Commission is requested to approve the purchase of a network backup and recovery software and hardware system from Accris Corporation for MIS for a total cost of $84,107. Project Background MIS has been experiencing problems with their 10-year old backup and recovery system as follows: · Weekly backup presently uses 20 tapes and takes 50 hours to complete · Daily backup presently uses 8 tapes and takes 20 hours to complete · Full backups are taking too long so that they have to be run on weekends · If backup had problems, the backup was run during workday on Mondays · Backup software having trouble with new architecture (servers, etc.) · Some servers not backed up caused loss of data · Now backup some servers manually · Tapes cannot be duplicated · Contents of tapes cannot be viewed · Backup media does not hold enough data · Present capacity of media is 20 gigabytes- new capacity 260 gigabytes New system will resolve these problems and significantly increase the speed of the backup process. The system is designed to provide unattended backup for all AS400 and network configurations, will provide significant increases in media storage capabilities, and will enable quick recovery of lost data. Four (4) vendors provided backup and recovery solutions. The vendor that supplied a solution that met all of our requirements and was the most cost-effective was Accris. Accris is the State Contract vendor for Veritas NetBackup Datacenter software modules and one of the largest Veritas vendors and implementers in our region. They have implemented numerous comparable backup and recovery solutions, including several for governmental agencies. % Recommendation Per the attached memorandum, MIS would recommend approval of the purchase of the total backup and recovery sof~ware and hardware solution as proposed by Accris, a State Contract supplier at the total cost of $84, 107. Funding is from account code 334-6112- 519-64.12 for $80,000 and $4,110 transferred from Project Reserve to this account. Attachments: Memorandum from Greg dated August 15, 2002. Welch, Project Manager to Richard Zuccaro, MIS Manager Purchase Requisitions No. 98220, 98225, 98228 detailing individual items to be purchased To: From: CC: Date: Subject: Richard Zuccaro, Management Information Systems Manager Gregory A. Welch, Project Manager Joseph Safford, Finance Director Thursday, August 15, 2002 City of Delray Beach Network Backup & Recovery Software & Hardware Implementation. Project Background The Management Information Systems division is reviewing backup and recovery software and hardware to replace our current system. We are currently backing up approximately 20 machines to an IBM 3570 Magstar tape library using Veritas Backup Exec software. Our weekly full backup saves approximately 240 gigabytes of storage on twenty tapes and takes approximately 50 hours to complete. Our daily cumulative backup saves approximately 96 gigabytes of storage on 8 tapes and usually finishes within 20 hours. Our current system is having difficulty meeting our rapidly changing demands. Over the past year our backups have grown by an estimated 40 percent. Due to this rapid change the following problems need to be addressed immediately. Backup jobs run for an unacceptable period of time. · Full backups take too long to complete. As a result they must be run on weekends and, at times, alerts are left unattended until Monday morning, causing the backup to run during business hours. This slows the backup even more because of competing business applications and open files. Backup software lacks enterprise functionality. · New versions of server operating systems are not well supported. Though upgrades for some versions may be acquired at additional cost, availability is often not timely. As an example, an upgrade to Microsoft Windows Advanced Server caused a server to not be backed up, as we did not have the necessary add-on module. A subsequent storage failure on the server resulted in the loss of Police Department documents that could not be recovered. · Tapes cannot be duplicated. · The contents of tapes cannot be viewed. Thursday, August 15, 2002 Pagel Backup media does not hold enough data. · Due to the high cost and low storage capability ofMagstar Accelis media we are only able to keep daily cumulative backups for 5 days, weekly full backups for 7 days, and one monthly archive. This has caused problems in instances where people need objects restored from a time period before the last monthly backup. · It takes too to long to restore objects due to the number of tapes. · The cost of off-site storage is higher due to the number of containers necessary to hold tapes. · The cost of in house storage is high due to the number of tapes. The following table shows the comparison between our current media (Magstar Accelis) and the newer technologies being considered: Media ~arison Magstar Accelis 10 GB 20 GB 5,000 Metal Panicle $90 AIT/3 100 GB 260 GB 30,000 Advance Metal Evaporate $88 LTO Ultrimn 100 GB 200 GB 5,000 Metal Panicle $73 SDLT 110 GB 220 GB 17,850 Advance Metal Powder $90 Project Objectives and Benefits Our objective is to be able to perform effective, reliable and timely backup and recovery of business systems and data at a reasonable cost. We are looking for a robust unattended backup and recovery solution that provides comprehensive functionality, reliability, performance, and manageability. Our staff has reviewed backup/recovery software and current media technologies. We have concluded that the use of Veritas NetBackup Datacenter software and hardware supporting AIT/3 or LTO media technologies will meet our needs. The resulting backup/recovery solution will enhance our ability to support business operations by: · Reducing backup/recovery windows through accelerated backup processing. · Enabling the quick recovery of lost data. · Ensuring investment protection as the environment changes by supporting a broad range of servers, operating systems, and storage devices. · Scaling to support increasing data volumes and broader usage. · Reducing staff requirements by providing unattended backup services and remote alerts. · Allowing us to maintain an adequate media rotation at a reasonable cost. · Allowing us to store fewer media on and off site. Thursday, August 15, 2002 Page2 The selected vendor will provide the following services and deliverables. Install Backup/Recovery Hardware · Install a single Microsoft Windows 2000 server in a standard nineteen inch rack. The server is to function as a Veritas NetBackup Master Server. The server must have enough storage to store at least one full backup. · Install a single tape library unit in a standard nineteen inch rack. Connect the unit to the server using a SCSI cable. Configure the unit. The unit must be capable of backing up at least two terabytes of compressed data using a minimum of two LTO or AIT/3 tape drive units. The unit must support multiple interfaces (including "Fibre Channel"), allow media bar code reading, and be expandable to support future growth. Install, Configure, and Test Backup/Recovery Software · Install Veritas Netbackup Dataccntcr and all appropriate agents on all servers and clients. · Configure software and create all necessary backups and media management scenarios to support full recovery of all clients. · Test backup/recovery solution. Provide Training · Train Administrators, Server Operators, and Computer Operator on the created implementation. · Move implementation to production. Division staff will perform the following. Media Archival and Retention · Define mandatory archives. · Define business archives. · Create appropriate backups and media management scenarios. Thursday, August 15, 2002 Page3 The vendors asked to submit quotations for a total backup and recovery solution were Accris, Arkay, Champion Solutions Group, and ICG. All were provided with our backup and recovery sizing document and pertinent specifications of our environment and given the opportunity to perform a site visit. Each vendor was asked to provide: · Pricing for specific Veritas NetBackup Datacenter software modules and agents as determined by our staff. · A backup server solution that could maintain at least one full backup on disk and support future growth. · A tape library solution capable of storing 2 terabytes of compressed data with a minimum of two LTO or AIT/3 tape drives. · Pricing for installation, training, and support for the entire scenario. The following table represents the quotes we received. Only those submitted by Accris met all of the above requirements. Accris ! 900 NW Corporate Blvd. Suite 400 East Boca Raton, FL 33431 $38,024 Includes $6,330 installation, implementation, and training cost. $23,104 $22,979 $84,107 Arkay 153 Oxford Court Ste. 100 Melbourne, FL 32903 $37,391 Includes $11,400 ~nstallatlon, ~mplementation, and training cost. $24,737 $45,107 $107,235 Champion Solutions Group 79 ! Park of Commerce Blvd. Boca Raton, FL 33487 $37,036 Installation, implementation, and training costs were not quoted. $25,834 $62,870 Server not quoted. ICG 3900 NW 79th Ave. Suite 820 Miami, FL 33166-6552 Software quotation was withdrawn. $20,589 $5,766 $26,355 Server to small. Thursday, August 15, 2002 Page4 Vendor Selection As can be seen in the chart below, two of the vendors (Champion and ICG) were to one degree or another unable to provide a complete backup and recovery solution to fit our environment. A third, Arkay, offered no government pricing and had the highest priced solution. Performed site visit and Yes discussed solutions. Provided company Yes information. Provided customer Yes references. Provided solution Yes diagram. Provided complete Yes software pricing with installation, implementation, and training cost. Provided complete tape Yes library solution with future growth potential. Provided adequate server Yes specifications and pricing. Provided Government Yes contract pricing. No Yes Yes Yes Yes Yes No No No No No No Yes No No Installation, Software quotation ~mplementation, and was withdrawn training costs were not quoted. Somewhat Somewhat Somewhat Little growth potentml. Little growth potential. Little growth potential. Yes No No Server not quoted. Server to small. No No No Accris was particularly responsive to all inquiries and, while the equipment they specified exceeded our stated requirements, they offered the lowest price. They are the State Contract vendor for Veritas in this area and one of the largest Veritas vendors and implementers in our region and have implemented many comparable backup and recovery solutions, including several for govemment agencies. We have selected Accris' solution to our backup and recovery requirements, because theirs was both comprehensive and cost effective. Thursday, August 15, 2002 Page5 AGENDA REQUEST Date: 08-16-02 Workshop Agenda Approve the purchase of a network back-up and recovery Request to be placed on: x Consent Agenda Special Agenda When: 08-20-02 Description of agenda item: software and hardware system from Accris Corporation for a cost of $84,107 memorandum See attached ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES NO YES NO Recommendation: Approval ~s recommended by Finance Director and MIS Manager. City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available' Yes Funding alternabves (if applicable)' Account Number. Account Description: Account Balance. City Manager Review: Approved for Agenda' (J~y' Hold Unbl: Agenda Coordinator Review: Received: Action: x No 334-6112-519-64 12 Office Eqpt $125,434.19 No Approved: Disapproved: P.O. # MEMORANDUM TO: FROM SUBJECT DATE: David T. Harden City Manager Joseph M. Sm~nc~ D~rector of F CommissIon Approval of Continuation of Wireless Communication at the Fire Department August16,1002 Item Before Commission City Commission is requested to approve the costs associated with the wireless commumcation project at the Fire Department to continue and extend th~s project to F~re Station 3 Hardware, equipment and associated ~nstallation costs to be prowded by Presidio Corporation at a cost of $22,939.42 Advanta,qes of Wireless Communication Better Connectivity' The wireless connection offers constant connection to the City's Network w~thout modems and dial-up connection The transfer speed is 1 lmbps as compared to the dtal-up at 28 kbps Improved MIS Support/Mana.qement: The system provides better, more bmely (productive), MIS support MIS can use the wireless connection to troubleshoot user problems (SMS) from their desk w~thout driwng to remote locations It also provides centralized (more efficient) management as MIS can apply (push) software updates to all remote locations from the data center. Additional Benefits: The system facilitates video conferencing/v~deo phone plus remote locations will have the abdity to communicate with a central location making ~t more efficient with data, voice and video HazMat can be used in real t~me or training. Th~s system positions us for future enhancements, (i.e, Voice-over IP) IP Telephony can be implemented over w~reless as backup communicabons Add~bonally, the system provides ~mproved security surveillance by using wireless video cameras to monitor all remote locations from a central office Recommendation We would recommend approval of the purchase of hardware, equipment and associated installabon costs from Presidio Corporation at a total cost not to exceed $22,939 42. Funding is available ~n 334-6112-519- 64.90. RZ/mc/sam SLG -44254 7/24/02 Prepared by: Stacy Gonzalez 5100-J Philadelphia Way Lanham MD 20706 Phone: 301-955-3517 Fax: 301-459-0358 Email: sgonzalez@presidio.com Local TM: Rick Hannah Source Part Number Description Customized Quotal3on For: Montri Chaisakul City of Delray Beach 100 NW 1st Ave Delray FL 33444 Phone: 561-2437116 Fax' 561-243-7147 Email: Chaisakul@ci.delray-beac Extended Qty. Price Total Fire Station # 3 Installation, Configuration & Start up, Consulting & Travel 1 2737.50 2737.5C Poles and mechanical parts (towers and poles suspensions) I 16350.00 16350.00 AIR-BR350-A-K9 2.4 GHz, 11 Mbps Bridge, Dual RP-TNC Connectors, FCC Cnfg 2 883.32 1766.64 AIR-ANT3338 2.4 Ghz, 21 dBi Solid Dish Antenna w/RP-TNC Connector 2 679.32 1358.64 AIR-CABI00ULL-R 100 fi. ULTRA LOW LOSS CABLE ASSEMBLY W/RP-TNC CONNECTORS 2 203.32 406.64 CON-SNT-AIR-BI~50 8x5xNBD Svc, 350 Series 11Mbps: DSSS Bridge w/128-bit 2 160.00 320.00 Site Support will include the complete analysis of the proposed RF path suggested by the customer, as well as a frequency sweep and channel discovery. The Presidio Corp will not perform any civil, mechanical or electrical work other than clarifying to the customer his or her options in the proposed area, unless otherwise specified. Towers, electrical runs, lighting protection and conduits should be prepare in advance to specs prior to installation. Customer is responsible for city and county permits. Prices are valid for 30 days after July 19th, 2002. State of Florida Client/Server Contract PLT: ~ Grand Total: I $22,939.42 I I Contract Number: 250-040-99-01 FOB: Destination TAX ID: 58-1667655 Size Business: Small 100% Women-Owned CAGE CODE: 0KD05 DUNS: 15-405-0959 CEC: 15-506005G Prepared By: Stacy Gonzalez Quote valid for 30 days or until expiration of FCS Contract, whichever occurs first. Your network is your business. Making it work is ours. Request to be placed on: x Consent Agenda When: 08-20-02 AGENDA ITEM NUMBER: AGENDA REQUEST Date: Special Agenda 08-16-02 Workshop Agenda Description of agenda item: Approval of the purchase of hardware, equipment and associated installation costs to continue the Fire Department's wireless communication project by extending ~t to Fire Station 3. Hardware, equipment and installabon to be provided by Presld~on Corporation at a cost of $22,939 42 w~th funding from 334-6112-519-64.12 ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES NO YES NO Recommendation: Approval is recommended by Finance Director, Fire Chief and MIS Manager X Department Head Signature: (~~~. Determination of Consistency with Co~rehensive Plan: n/a ~. City Attorney Review/Recommendation (if applicable): n/a Budget Director Review (required on all items involving expenditure of funds): Funding available' Yes Funding alternatives (if applicable): Account Number: Account Description Account Balance: City Manager Review: Approved for Agenda: /~e.~ Hold Until Agenda Coordinator Review: Received: Action x No 334-6112-519-64.90 Other machinery/equipment $64,149 41 No Approved Disapproved: P.O. # £1T¥ DELRAY BEACH AII-AmedcaCity 1993 2001 100 N.W 1st AVENUE DELRAY BEACH, FLORIDA 33444 M OR IDUI I TO: FROM: David T. Harden City Manager ~Robert A. Barcinski Assistant City Manager DATE: Augustl4,2002 SUBJECT: Agenda Item City Commission Meetin~ August 20. 2002 Filming Authorization - Bad Boys II/Bird House ACTION City Commission is requested to authorize the closure of A-1-A from Linton Boulevard to Casurina during the actual filming at the Bird House and to authorize the use of City owned parking lots and property as may be needed to park vehicles and set up base camps for this filming. BACKGROUND We have at this time discussed preliminary logistics with the film production company for this project. There will be a need for approximately one week during the actual filming to close off a portion of A-1-A. This would provide space in the eastern lane to park large vehicles in front of the house. One lane would be open to allow local traffic and their guests to enter and leave the area. Plans are being developed to permit this access during the closure. Also the film company is trying to secure sites for base camps and parking facilities. This would include private as well as public property. City sites most likely to be utilized include Atlantic Dunes parking lot, the FIND property west of the intracoastal near Knowles Park and possibly Anchor Park and part of the Sandoway parking lot. This will depend on their services in securing private property. Final details and times needs are still to be determined. The film company would be required to reimburse the City for any personnel costs as well as the use of City property. Final selection of sites and personnel needs will be coordinated with City staff. Staff is already working with the film commission, staff and the film company in planning for the 561/243-7000 THE EFFORT ALWAYS MATTERS Subject: Agenda Item City Commission Meeting August 16, 2002 Filming Authorization - Bad Boys II~Bird House Page #2 road closure and base camp set up. A meeting was held on Thursday (08/15/02) with representatives of the BPOA. The assistant production manager has also talked with the Seagate Homeowners Association. RE COMMENDATION Staff recommends approval of the request to temporarily close sections of A-1-A as needed pending FDOT approval and approve the use of City owned parking lots and property as may be needed for base camps and parking for the film shoot at the Bird House. RAB/tas File:u:sweeney/agenda Doc: Bad Boys H Bird House I:ITY OF DELRI:IY BEI:II:H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's D~rect L~ne 561/243~7091 ~ 9~ DATE: August 15, 2002 MEMORANDUM TO: FROM: City Commission .---- Brian Shutt, Assistant City Attorney SUBJECT: Cancellation of Contract for Purchase and Sale On May 21, 2002 the City Commission approved the Contract for Sale and Purchase between the City and the Estate of Isadora Brady for the purchase of property located along the east side of S.W. 5th Avenue just north of S.W. 2nd Street in the amount of $4,700.00. The purpose of the acquisition was to provide property for first time home buyers. A title search on the property revealed issues in the property title to the extent that title insurance could not be obtained. The seller has agreed to the cancellation of the contract. We are looking at other avenues of possibly acquiring this property with assistance from the CRA. By copy of this memo to David Harden, please place this item on the August 20, 2002 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager ,/"" Barbara Garito, City Clerk Lula Butler, Director of Community Improvement CANCELLATION OF CONTRACT FOR SALE AND PURCHASE THIS CANCELLATION OF CONTRACT FOR SALE AND PURCHASE is entered into this~._~day of O-'-LL/y ,2002, by and between THE ESTATE OF ISADORA BRADY, hereinafter referred to as "Seller," and CITY OF DELRAY BEACH, hereinafter referred to as "Buyer." WITNESSETH: WHEREAS, the Buyer and Seller have heretofore entered into that certain Contract for Sale and Purchase dated May 1 ~ 2002, h~reinafter referred to as "Contract," relative to the sale and purchase of that certain real property located at: Town ofDelray E ½ of Lot 7, Block 30, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 3. a copy of which con~ract is attached hereto as Exhibit "A"; and WHEREAS, both parties are agreeable to cancelling said Contract pursuant to the terms and conditions set forth in this Agreement. . NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the receipt and adequacy of which is hereby acknowledged by the parties, the parties agree as follows: 1. That certain Contract for Sale and Purchase dated May 1, 2002, attached hereto as Exhibit "A" is hereby canceled, effective upon the full execution of this Agreement. 2. The parties hereby release one another from any and all actions, causes of action, rights or claims arising out of said Contract. IN WITNESS WHEREOF, the parties hereto have executed this Cancellation of Contract for Sale and Purchase Agreement the day and year first above written. WITNESSES: THE ESTATE OF ISADORA BRADY Title:Printed .~/~ CITY OF DELRAY BEACH By: Printed Name:, Title: Approvl~d as to form and legal sufficiency: JI~-~'BIIY Attorney CONTRACT FOR SALE AND PURCHASE THE ESTATE OF ISADORA BRADY, ("Seller"), of Delray Beach, Florida, and CITY OF DELRAY BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that 'the Buyer shall buy the following real property ("Real Property") upon the following terms and conditions: I. DESCRIPTION: Town ofDekay E ½ of Lot 7, Block 30, according to the plat thereof on file in the office of the Clerk of Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 3. fi:5 ' oi-obe PURCHASE PRICE ................ $4,700.00 ]Tr. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before May 22, 2002 the offer will, at Buyer's option, be withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: insurance commitment. At least 7 days before closing date, Buyer shall obtain a title V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before July 22, 2002 unless extended by other provisions of the Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ~ feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any;, provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller a~ees 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 otherxvise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. STANDARDS FOR REAL ESTATE TRANSA(~YrlON$ 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 pric~, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shah 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 agl~ement 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 Tha Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If thc 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: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shoxvs encroachment on real property or that improvements located on real property encroach on setback lines, easement~, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. Ineress and Egress: Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters firom each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to conf'u'm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. - o E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors lmoxvn to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcon- tractors, suppliers and materialn~n and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Closing: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. H. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and f'mancial statements. Expense~: Documentary stamps on the deed shall be paid by Seller. $. Pror"ationsl 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 discotmLhomestead and other exemptions. If closing occurs at a date when the current ycm°s milage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and thc prior year's milage. If current year's assessment is not available, then taxes will be prorated. on the prior year's tax. If there arc 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 thc prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking 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 on condition that a statement to that effect is in the closing statement. Special Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. Inspection. Repair and iVlaintenance: Seller warrants that, as often (10) days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, having i~pections made of those items by an appropriately Florida license person dealing in the consu'uction, repair or maintenance of those items and shall report in xvriting to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed .to. have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repan's or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary. wear and tear excepted. Buyer shall be perrmtted access for inspection of property prior to closing in order to comeu'rn compliance with this standard. M. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement 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 -3- percent (3%) or any insurance proceed~ payable by virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s). N. 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 mawr of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1997), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit.wherein Agent interpleads the subject manor 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. O. Failure of Performance: IfBuyer 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 fights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent e.fi'on, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the remm of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. P. A~reement 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 parry shall be as effective as if given by or to that party. Q. Conveyance: Seller shall convey the property by way of Warranty Deed subject to an easement for any utilities that may exist and lie on the property. 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 o: binding upon the part/es unless in writing and executed by the party or parties intended to be bound by it. .. S. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. BUYER: City of DelrayBea~a .. By:., Mayor, David Schmidt ATTEST: City Clerk SELLER: ~SSES: (Please Type or Print Name) Ap~ed as to Form: C~ Attorney (Please Type or Print Name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing insmament was acknowledged before me this day of ~'~k_J , 2002 by w~ho is personally known to me or ( e of identification) as i e 'fication. Signature of Notary Public- State of Florida =-.:' ... :,-= -5- I:IT'F DF I:Z LKL ¥ EEl:ICH CITY ATTORI,wEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: May 7, 2002 MEMORANDUM Writer's Diroot Line: $61/243-7091 TO: FROM: City Commission David Harden, City M?~l~.r Brian Shutt, Assistant City Attorney SUBJECT: Resolution 42-02 (Acquisition of Brady Property) Resolution No. 42-02 authorizes the City to purchase certain property located along the east side of S.W. 5th Avenue just north of S.W. 2nd Street from the Estate of Isadora Brady for the purchase price of $4,700.00. The purpose of the acquisition is to provide property for first time home buyers. Incorporated within the resolution are the terms and conditions of the contract for sale and purchase. The contract provides for the closing to occur by July 22, 2002. The City will pay all of the expenses of the closing, except for documentary stamps and prorations. Please place this item on the May 21, 2002 City Commission agenda. Please call if you have any questions. Attachments Barbara Oarito, City Clerk Randal Krejcarek, City Engineer RESOLUTION NO. 42-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, DESCRIBED AS TOWN OF DELRAY EAST SA OF LOT 7, BLOCK 30 LOCATED ALONG THE EAST SIDE OF S.W. 5TH AVENUE JUST NORTH OF S.W. 2ND STREET AS MORE PARTICULARLY DESCRIBED HEREIN; HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE ESTATE OF ISADORA BRADY AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delmy Beach, Florida, wishes to acquire the vacant property described as Town of Delray East ½ of Lot 7, Block 30 located along the East side of S.W. 5~ Avenue and just North of S.W. 2na Street, for the purpose of providing property for first time home buyers; and WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of Delray Beach Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose described above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from the Estate of Isadora Brady, as Seller, land for first time home buyers, for the purchase price of Four Thousand Seven Hundred dollars ($4,700.00), and other good and valuable consideration; said parcel being more particularly described as follows: Town of Delray E sA of Lot 7, Block 30 according to the plat thereof on file in the office of the Clerk of Circuit Court in and for Palm Beach County, Florida, in plat book 1, page 3. Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein. PASSED AND ADOPTED in regular session on the day of ,2002. ATTEST: MAYOR City Clerk F~R£ STATION ATLANTIC 1ST T~NNIS STADIUM COMMUNITY CENTER II 2ND 3RD I II POLICE COMPLEX SOUTH COUNTY COURT HOUSE AVENUE ST. MERRITT PARK S.W. 1ST ST. r ST. DRUG ABUSE FOUNDATION OF PALM /BEACH COUNTY SCHOOL SQUARE S.E. 1ST ST. S.E. 2ND ST. Z --S.E. 5RD N QTY ~F DEL,RAY BEACH, FL PLANNING ,I, ZONING DEPARTMENT EAST 1/2 OF LOT 7 BLOCK 30 --- /,~'/~T,,V. ~ 444,° SYS/'E~ -- IMP REF: LM615 CONTRACT FOR SALE AND PURCHASE THE ESTATE OF ISADORA BRADY, ("Seller"), of Delray Beach, Florida, and CITY OF DELRAY BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that the Buyer shall buy the following real property ("Real Property") upon the following terms and conditions: I. DESCRIPTION: Town of Delray E ½ of Lot 7, Block 30, according to the plat thereof on file in the office of the Clerk of Circuit Court in and for Pall Beach County, Florida, in Plat Book 1, Page 3. Il. PURCHASE PRICE ................ $4,700.00 Ill. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before May 22, 2002 the offer will, at Buyer's option, be withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title insurance commitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before July 22, 2002 unless extended by other provisions of the Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ½ feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real properS, 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: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. lns~ress and Eeress: Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Lenses: Seller shall, not less than fifieen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenanfs occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any fmancing 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 materialinen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcon- tractors, suppliers and materiaimen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Closinu: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. H. Documents for Closinn: Seller shall furnish deed, bill of sale, mechanic's lieh affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instnunents. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. I. Expenses: Documentary stamps on the deed shall be paid by Seller. J. prorationsl Crgclits: 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 increa.,.-d 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,homesteed and other exemptions. If closing occurs at a date when the current years milage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior years milage. If current year's assessment is not available, then taxes will be prorated on the prior years tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January Ist of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking 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 on condition that a statement to that effect is in the closing statement. K. Special Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. ]nspeetion~ Rennir nnd Maintenance: Seller warrants that, as often (10) days prior to closing, the ceiling, roof(including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, ail major appliances, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, having inspections made of those items by an appropriately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing to,Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either patly may cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow nt closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be perm~ access for inspection of property prior to closing in order to confirm compliance with this standard. M. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of 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 -3- 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). N. ~Eserow: Any escrow agent ("Agent") receiving funds or equivalent is authbrized 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 pan of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1997)~ as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as 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. O. ]Failure 9f Performa0ee: 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. P. Aereement Not Reeordable: 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. Q. Conveyance: Seller shall convey the property by way of Warranty Deed subject to an easement for any utilities that may exist and lie on the property. R. Other Agreements: No prior or present agreements or representations shall be binding upon Buyer or Seller unless 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. S. Warranties: Seller warrants that there arc no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. BUYER: City of Delray Beach SELLER: By: Mayor, David Schmidt By.'. Print Name: WITNESSES: (Please Type or Prim Name) ATTEST: By.'. City Clerk Approved as to Form: By.'. City Attorney (Please Type or Print Name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instalment was acknowledged before me this ~ day of , 2002 by who is personally known to me or who has produced (type ofidemification) as identification. Signature of Notary Public- State of Florida -5- KF__.SOLUTION NO. 42-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF D~IRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SF.I-I-I~R CERTAIN REAL PROPERTY IN P,~LM BEACH COUNTY, FLORIDA, DESCRIBED AS TOWN OF D~LKAY EAST ~/2 OF LOT 7, BLOCK 30 LOCATED ALONG THE EAST SIDE OF S.W. 5TH AVENUE JUST NORTH OF S.W. 2~ STREET AS MORE PARTICULARLY DESCRIBED HEREIN; HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SAT]:. AND PURCHASE BETWRRN THE ESTATE OF ISA.DORA BRADY AND THE CITY OF DR~.RAY BEACH, FLORIDA. WHEREAS, the City of. Delray Beach, Florida, wishes to acquire the vacant property descgbed as Town of Deb-ay East Vz of Lot 7, Block 30 located gong the East side of S.W. 5a' Avenue and iust North of S.W. 2na Street, for the purpose of providing property fo~ first time home buyers; and WHEREAS, the Seller hereinafter named desires to sell the property hercina~ described to the City of Dekay Beach Florida; and WHEREAS, it is in the best interest of the City of Deltay Beach, Flogd~, to putr. hsse said property fur the purpose described above. NOW, THEREFORE, BE IT ORDAINRr) BY THE crry COMMISSION OF THE C1TY OF DRI.KAY BEACH, FLORIDA, AS FO~-I OWS: Scion 1. That the City Comm;ssion of the City of Delrsy Beach, Florids, ss Buyer, hereby sgrees to purchsse from the Eatste of Isadozs Bmdy, ss Seller~ land fo; first lime home buyers, for the purchose price o£ Four Thousand Seven Hundred dolls~ ($4,700.00), and other good and vslusble consideration; ssid pszce] being mo~ psrticu]~ described ss follows: Town of Delray E '/~ of Lot 7, Block 30 according to the plat thereof on file in the office of the Clerk of ~t Couxx in and fo~ palm Beach County, Florich, in pht book 1, page 3. Scion 2. That the te~ms and conditions contained in the cuntntct foz sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabovc named are incorpo,~ted herein. 2002. PASS~I~ ~ ~)o~.r~ in ~ session on thc ~/~'~'d~y of ~ City Clerk MAYOR 2 RES. NO. 424)2 I-0 . 0-o 4 I IAC ro 46 AC: l 3.97A6 [ITY DF I]ELAAY BERgH DELRAY BEACH Ail-America City 100 N.W. 1st AVENUE 1993 DELRAY BEACH, FLORIDA 33444 561/243-7000 MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor and City Commissioners David T. Harden, City Manager August 13, 2002 Agenda Item - Regular Commission Meeting on August 20, 2002 Fire-Rescue Recruitment Incentive Program This is before the City Commission to consider the adoption of a Fire-Rescue Recruitment Incentive Program. The policy would be available to all City Employees, to be compensated for recruitment any candidates who are hired by the City of Delray Beach. Employees will be offered incentive bonuses for every candidate they recruit. This bonus will be established by the City of Delray Beach and the Fire Department. The requirement for receiving the incentive bonus is that the candidates successfully completes the hiring process, and all required training for the position they have been hired. Any employee, who recruits a candidate that is ultimately hired and completes the required training, shall be eligible to receive a salary incentive bonus of $1,000.00. The recruiting employee would receive $300.00 at the time the recruited employees is hired and $700.00 once the recruited employee has completed the probation period. In addition to the cash incentive bonus, the recruiting employee will receive additional Personal Days if the candidate remains an employee of the Delray Beach Fire-Rescue Department at a rate of one (1) additional day per year for the next five (5) years. I recommend approval of the Fire-Rescue Recruitment Incentive Program. Printed o~ Recycled Paper THE EFFORT ALWAYS MATTERS Delray Beach Fire Department Operational Procedures Volume / Article I Section 5 Page I of 4 Signature Implementation 08/01/02 Revision I. SUBJECT: Recruitment Incentive Program II. PURPOSE: III. POLICY: All City of Delray Beach employees are encouraged to and will be compensated for recruiting any Paramedic or Firefighter who is hired by the City of Delray Beach. Employees will be offered an incentive bonus for every Paramedic or Firefighter candidate they recruit. The City and the Fire Department will establish this bonus. The requirement for receiving the incentive bonus is that the candidate successfully completes the hiring process, all required training, and completes the probationary period. Any employee, who recruits a candidate that is ultimately hired, completes all required training, and completes the probationary period shall be eligible to receive a one-time salary incentive bonus of $1,000.00. The recruiting employee would receive $300.00 at the time the recruited employee is hired and $700.00 once the recruited employee has completed the required training and completes the probationary period. In addition to the cash incentive bonus, the recruiting employee will receive additional Personal Holidays if the candidate remains an employee of the Fire Department. The Personal Holiday incentive bonus will be as follows: ao After the recruited employee successfully completes the probationary period, the recruiting employee would begin receiving one (1) Personal Holiday (9.6 hours) per year the recruited employee stays, up to five (5) years of employment with the Fire Department. Delray Beach Fire Department Operational Procedures Volume / Article 1_ Section 5 Page 2 of 4 DRAFT Signature Implementation 08/01/02 Revision bo The Personal Holiday would be awarded annually and must be used by September 30th of each year. The Personal Holiday could not be carried over to the next fiscal year or accumulated during the five year period. The Personal Holiday would be awarded in addition to any annual leave time of the recruiting employee. A maximum of three (3) Personal Holidays during any fiscal year will be awarded. Any employee who recruits a Paramedic or Firefighter candidate shall submit a Recruitment Referral form and forward it to the Fire Department's Administrative Officer. a. The "form" will be kept in the Fire Department Administration Office filing cabinet and located on the server under the forms section. b. If at any time during the recruiting process, the candidate is dropped or ultimately not hired, the recruiting person will not receive an incentive bonus. It will be the Administrative Officer's responsibility to track the candidate through the hiring process. If two or more employees successfully recruit a Paramedic or Firefighter candidate, the incentive bonus and awarded personal days will be divided equally among the recruiting employees. All employees are eligible for incentive bonus and Personal Holidays except for the Fire Chief. All information on a candidate and their recruiting party will be maintained by the Administrative Officer. Delray Beach Fire Department Operational Procedures ¥olume I Article 1 Section 5 Page 3 (~f 4__ - - DRAFT Signature Implementation 08/01/02 Revision Co Do Once the recruiting employee becomes eligible for the incentive bonus, copies of the Recruitment Referral Form and cover memorandum stating the recruiting employee has become eligible for the incentive bonus will be forwarded to the Fire Chief for approval. Once approved, it will be sent to the Administrative Officer for payment to the recruiting employee. The Administrative Officer will track the recruited employee during the first five (5) tears with the Department. On each of the first five (5) anniversary dates, the Administrative Officer will forward to the Fire Chief, for his approval, verification that the recruiting employee has become eligible for the additional Personal Holiday. The management of the Personal Holidays will remain with the ^dministrative Officer. A relocation allowance will be provided to newly hired Paramedic or Firefighter candidates from out of state. The allowance for a single person is $1,000.00, and for married couples with family is $2,000.00. The allowance is intended to offset the cost of storage, shipping, rental van, security deposits, and other expenses identified as possible reimbursement. The allowance will be given after the employee provides receipts. Any relocation allowances will be reimbursed to the City in the event the "new hire" leaves the employment of the City voluntarily prior to the expiration of three (3) full years of employment with the City. DRAFT Delray Beach Fire Department Operational Procedures Volume / Article 1_ Section 5 Page 4 of 4 Signature Implementation 08/01/02 Revision MEMORANDUM TO: FROM: Fire-Rescue Administrative Officer Referring Employee (Please Print) DATE: SUBJECT: Signature Recruitment Referral I have made initial contact with the following individual for employment referral to the Delray Beach Fire-Rescue Department. This individual whishes to pursue employment with us: Name (Please Print) Address City, State, Zip Telephone Number with Area Code Date of Contact How was contact made? Request to be placed on: X Consent Agenda When: August 20, 2002 Description of agenda item: AGENDA ITEM NUMBER: AGENDA REQUEST August 20~ 2002 Special Agenda Date: August 12, 2002 Workshop Agenda Approval of Fire-Rescue Recruitment Incentive Program. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached. Recommendation: N/A YES NO YES NO X 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 Funding alternatives (if applicable): Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda: -Y~' Hold Until: Agenda Coordinator Review: Received: Action. X No No Approved: Disapproved P.O. # Richard McGloin 2275 N. Swinton Ave. Deiray Beach, Fl. 33444 561 715 - 4193 To: Mayor and City Commission From: Richard McGloin Subject: PUBLIC ARTS TASK FORCE Date: July 31, 2002 This memo is a request to make a presentation to the city commission at the August 6, 2002 commission meeting to suggest the formation of a PUBLIC ARTS TASK FORCE. The purpose of the task force is to identify the methods this city can adopt to incorporate art into future redevelopment projects within this city. The citizens have clearly stated at the Visions 2010 and the downtown master plan charrette that art is an important element in all future development, both private and civic. A task force is needed to research and identify the best methods to: Incorporate art into all development Administer the process Set parameters to be used to select the art Fund this process The task force should consist of at least five (5) members including: chairperson, artist, architect, landscape architect and developer. There are four additional staff persons who have agreed to an advisory role upon approval by the city commission: Glenn Weiss Director of Pineapple Grove Artwalk Nancy Devila City Staff Joan Goldberg PB Cultural Council, Director, Art in Public Places Diane Hervey CRA Staff Meetings would be scheduled a minimum of once per month with a project duration of six (6) months. RESOLUTION NO. 67-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A PUBLIC ARTS TASK FORCE FOR THE PURPOSE OF IDENTIFYING THE METHODS, PROCESS, CRITERIA AND POTENTIAL FUNDING SOURCES FOR THE INCORPORATION OF ART INTO FUTURE DEVELOPMENT PROJECTS WITHIN THE CITY OF DELRAY BEACH, PROVIDING AN EFFECTIVE DATE AND A SUNSET DATE. WHEREAS, during the Visions 2010 and Downtown Master Plan Chaxrette, the dtizens clearly stated that art is an important element in future development in De[ray Beach, both private and dvic; and WHEREAS, on August 6, 2002, the City Commission of the City of De[ray Beach by consensus agreed that a Public Arts Task Force should be established in order to identify the methods of incorporating art into future development projects within the City of De[ray Beach and making recommendations to the City Commission; and WHEREAS, to that order it was agreed that the Public Arts Task Force is needed to research and identify and make recommendations to the City Commission as to the best methods to incorporate art into future development projects, the process and parameters to be used in the selection of the public art; and WHEREAS, the Public Arts Task Force membership shall include Glenn Weiss, Nancy Davila, Joan Goldberg and Diane Hervey, selected from Pineapple Grove Mainstreet, the City of Delray Beach, the Palm Beach Cultural Council and the Community Redevelopment agency, respectively. In addition, five (5) members shall be appointed by the City Commission and should include a layperson, artist, architect, landscape architect and developer. The Mayor shall appoint a chairperson from the membership. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DF.I.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That there hereby is established a Public Arts Task Force, which shall prepare an assessment and report to the City Commission recommending the methods, process, criteria and potential funding sources by which the City may incorporate art into future development projects within the City of De[ray Beach. Section 2. That the Public Arts Task Force shall consist of nine (9) members. Glenn Weiss, Nancy Davila, Joan Goldberg and Diane Hervey shall serve on the Task Force. In addition, five (5) members shall be appointed by the City Commission and should include a layperson, artist, architect, landscape architect and developer. The Mayor shall appoint a chairperson from the membership. required. Section 3. That this Task Force shall meet at a minimum of once per month or as Section 4. That the Public Arts Task Force shall immediately pursue its assigned task with a target date of accomplishing said task by April 1, 2003. Section 5. That the Public Arts Task Force shall disband upon the discharge of its assigned task by April 1, 2003, unless otherarise extended by action of the City Commission. 2002. PASSED AND ADOPTED in regular session on this the ~ day of August, ATTEST: MAYOR City Cl rk 2 RES. NO. 67-02 [ITY I]F DELA;lY Bffi£H DELRAY BEACH AlI-NllericaCill/ 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 993 TO: FROM: David T. Harden City Manager /,Robert A. Barcinski Assistant City Manager DATE: SUBJECT: August 16, 2002 Aeenda Item ~7~ Ci~, Commission Meeting August 20, 2002 Special Event Request - Heart and Soul Run/Walk ACTION City Commission is requested to endorse the Heart and Soul Run/Walk sponsored by the Village Foundation and the Muzak Heart and Soul Foundation to be held on September 7, 2002 from approximately 7:30 a.m. to 1:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(H) for use of City property and right-of-way along Ocean Boulevard, and to authorize staff support for barricading, signage, traffic control and security, and stage set up/removal. BACKGROUND Attached is a letter received from Mr. Rick Seymour, Executive Vice-President of the Muzak Heart and Soul Foundation, requesting City approval and support for this fundraising event. The Run/Walk route will be the same as that used for the Turkey Trot. We will need to close Ocean Boulevard from Casurina to George Bush Boulevard from approximately 6:00 a.m. until 10:00 a.m.. Entertainment will be provided on the City stage which will be setup in the park. Approval would also require a waiver of parking meter fees in Anchor Park. The estimated overtime cost for this event is $3,200. The event sponsors are asking for a waiver of these costs. The goal of this event and the concert they are having at the Marriott Hotel on Sunday is to raise $25,000 for the Village Foundation Programs. This event was held two (2) years ago as a walk only event along Atlantic Avenue and S.W. 12th Avenue. RE COMM£NDA TION Staff recommends approval of the event request, including the temporary use permit, staff assistance as requested and waiver of the overtime; contingent on the receipt of the liability insurance certificate and hold harmless agreement. THE EFFORT ALWAYS MATTERS 2002 Cily ofl~lr~ B~aeh ArM: Robert A Bafeiu.~i 100 ~ Firs1 Awmle D~ray Be.adz FL 334~.~. Muzak Heart & Soul Foundation Lo;el 0~ Info: I000 N Dixie Hva/SM A 33401 Tlgs ]ettee will serve ns a revision to ou~ ofiginnl rcq~K:st dated May 22, 2002. The Village Foundation and Muzak Haatt & So~ Fomtdatio, (H&SF) ar~ partnering togeth~ to pla~ a WalkAhm to Honor Peter 1ohn~on by fairing money for mtts/C education axial scholarship funds for lhc Community Choir Thc Wal]~Rtm Event will tn at Anchor Park, which h,~ been reserv~l for September 7, 2002. The route be~ns at ~lacAor Parle, rsms $outA on Gleesdn StreW, l~t on Casuarina Ro~a~ East to turn le~, A~d ~Vorr/, on ~11,4 to (Teorg~ Bush Blvd~ md/~e loop at G¢orgv Bush Blvd.,/se. ad South on/4DI, turn r~M on Cdsaari~a Roat ~scalding, I~'~s:, afrn right on C~AMson ~ /fe~d Nort/s, guesls On the stage bc~'m~ing at 8:30nm ending a_mund Ipm at~_ex tl~ schednle, d even~ ax~ finished on Attnehed Is 0~ Automobile Detm~ Rou~ provided by the l~.lnty Beth Police s~clo~ ~~~~pi~gto S~ ~ ~ n~ on ~te ~r ~n and ~on web ~ ~i~ of ~~on f~ inj~ ~ ~rti~p~ ~t m~ n~ ~n~ The assisiance~ endors~mmt and support of thc City of Delray Beach for this ev~t arc greatly appr~iat~t The goal through this ovent and a concert at the Marriott on Sunday. September $ is to raise $25,0o0, wc do not fotca,:c any costs associa~ with this eve. at ns prizes, individual nad corpon~ sponso~ as well as particif, nnts will underwrite t-slfirts, ~c. We hope that tl~ City of Delray Beach will be generous enough to donatc tlmir rinse and manpower for this ~vcnt as was done for tho 2000 Walka~on. If~oa need additional ixfformation, please fe~l free to contact me at 561.659,666'/, Executive V~ee President Date: August 16, 2002 Requested by: Rick Seymour Executive Vice President Muzak Heart & Soul Foundation (561) 559-5557 Stephanie Stewart Director of Development Village Foundation (561) 276-6755 e~, 203 l~vent Namc; Muzak Heart & Soul Run/Walkathon Event Date: Sopt~mb~r 7, 2002 Req Item Notes Map attached ' eiim. iuate Afl. Avenue route. The event will begin and end at ~' Street Closure Permit Anchor Park ~' Trash Pick Up Boxes and Liners at Anchor Park ,,, ,/ Police Stdfmg See attached Emergency Medical/Rescue At Anchor Park - 7:00 a.m. · ,' Sorvicos ~' Barricades See A~tomobile Detour Route - attached Street Signs ]Event Parkit~ at Salldoway & 'Ingrabam v' Parks. Detour - see attached. ~ Parking Waiver AnChor, Sandoway, and Ingral~. m Parks' Covered Stage set up at Anchor Park ha · ~ Stage .. Parking Lot. R~g 14 02 04:55p 1 ST 0 ST 9 ST~ Ter $80-,,I VOO/PO0 d ZPI~-J. ~ELRRY BERCH POLICE DEPT ~435~08 Landing e Dr Dr ~M~r 3: ST COCONUT Casuarina · ~-~""T, nd I~01J, vdNno:l~¥111 ^-I/t0~1:1 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~;1 AGENDA ITEM # I 0 fi . REGULAR MEETING OS AUGUST 20, 2002 ORDINANCE NO. 36-02 {REZONING FOR 5'" STREET TOWNHOMES) AUGUST 16, 2002 This ordinance is before Commission for second reading for rezoning from R-l-AA (Single Family Residential) to RM (Multiple Family Residential Medium Density) for 0.5466 acres for 5m Street Townhomes, located on the south side of S.E. 5~' Street, approximately 160 feet east of S.E. 6m Avenue (Federal Highway) - 622 S.E. 5~ Street. The subject property consists of Lot 11, less the west 166 feet, Block 1, Osceola Park and contains a single family residence that was constructed in 1953. The subject property was rezoned from Single Family Low Density to Multiple Family Medium Density in 1989 due to a citywide comprehensive plan. The property will be aggregated for the construction of five (5) townhouse units. The Planning and Zoning Board held a public hearing in conjunction with the request. There were four (4) people that expressed concerns with the potential incompatibility with adjacent properties and parking issues. After discussing this proposal, the Board voted 6-0 to recommend that the request be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and LDR Section 2.4.5(D)(5), and policies of the comprehensive plan. At the first reading on August 6, 2002, the City Commission passed the Ordinance No. 36-02 unanimously. Recommend approval of Ordinance No. 36-02 on second and final reading. S:\City Clerk\chevelle folde,\agenda memo~kOrd.36-0Z08.20.02 TO: THRU: FROM: SUBJECT: PAUL DORLING, DIRECTOR OF INING AND ZONING SCOTT D. PAPE, SENIOR PLANNER/.~ '~)¢.1,~ MEETING OF AUGUST 6, 2002 ZONING CHANGE FROM R-l-AA (SINGLE FAMILY RESIDENTIAL) TO RM (MULTIPLE FAMILY RESIDENTIAL MEDIUM DENSITY) FOR A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF SE 5TM STREET. APPROXIMATELY 160' EAST OF SE 6TM AVENUE (FEDERAL HIGHWAY) [622 SE 5T~ STREET]. The subject property consists of Lot 11, less the west 166 feet thereof, Block 1, Osceola Park and contains 0.5466 acres. The property contains a single family residence which was constructed in 1953. On November 22, 1977 the City Commission approved a City-initiated rezoning to 74 different parcels in association with the implementation of the City of Delray Beach Master Land Use Map, which was adopted June 27, 1977. The subject property was rezoned from RM-10 (Multiple Family Residential - 10 units per acre) to R-l-AA (Single Family Residential), which is its current zoning designation. At its meeting of November 28, 1989, the City Commission adopted a citywide Comprehensive Plan. As part of the Comprehensive Plan adoption, which included the Future Land Use Map, the Future Land Use Map designation of the subject property was changed from Single Family Low Density to Multiple Family Medium Density. The applicant proposes to demolish the existing single family home and construct up to five townhouse units. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of July 15, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request. There were four people from the public that spoke in opposition to the proposed rezoning of the property due to the concerns over incompatibility with adjacent properties and parking concerns. In addition to public comment there were four letters of opposition submitted (three of which were e-mails that were not received in time for distribution to the Board). After reviewing the staff report and discussing the proposal, the Board voted 6-0 (Joe Pike stepped-down) to recommend that the request be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. By motion, approve on first reading the ordinance for a zoning designation change from R-l-AA (Single Family Residential) to RM (Multiple Family Residential - Medium Density) for 5th Street Townhomes, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attachments: P & Z Staff Report of July 15, 2002 Draft Ordinance #36-02 ORDINANCE NO. 36-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED R-l-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE SOUTH SIDE OF SE 5TH STREET, APPROXIMATI~.I.Y 160 FEET EAST OF SE 6TH AVENUE (NORTHBOUND FEDERAL HIGHWAY) - 622 SE 5TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated February, 2002, as being zoned R-I-AA (Single Family Residential) District; and WHEREAS, at its meeting of July 15, 2002, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public heating and voted 6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOI.I.OWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of RM (Medium Density Residential) District for the following described property: All that part of Lot 11, Block 10sceola Park, according to the Plat thereof as recorded in Plat Book 3, Page 2, of the Public Records of Palm Beach County, Florida, as described as follows: Commencing at the original northwest comer of said Lot 11, Block 1, Osceola Park, thence N 89° 32' 00" E, 166.00 feet to the point of beginning of this description, thence S 00° 00' 00" E 147.38 feet, thence N 89° 32' 00" E, 161.48 feet, thence N 00° 03' 30" E, 147.38 feet, thence S 89° 32' 00" W, 161.63 feet, to the point of beginning. Section 2. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ., 2002. ATYEST MAYOR City Clerk First Reading Second Reading 2 OR.D NO. 36-02 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM' ITEM: July 15, 2002 IV.D. Rezoning from R-l-AA (Single Family Residential) to RM (Medium Density Residential) For a Parcel of Land to be Known as 5t~ Street Townhomes. GENERAL DATA: OwnerApplicanfJAgent ................ Charles O. Anderson Location ...................................... South Side of SE 5th Street, Approximately 160 Feet East of SE 6t~ Avenue (Northbound Federal Highway) - 622 SE 5th Street. Property Size .............................. 0.55 Acres Future Land Use Map ........: ....... MD (Medium Density , Residential, 0-5 , Units per Acre) Current Zoning ............................ R-l-AA (Single Family Residential) Proposed Zoning ........................ RM (Medium Density Residential) Adjacent Zoning ................ North: R-l-AA (Single Family East: South: West: Existing Land Use ...................... Proposed Land Use .................... Water Service ............................. Sewer Service ............................. Residential) RM (Medium Density Residential) POD (Professional Office District) NC (Neighborhood Commercial) Single family residence Rezoning to allow the establishment of 4-5, two-story townhomes, approximately 2,400 sq-ft, each. Existing on site. Existing on site. S.E 6TH ST BA RR TON APT CONDOS CHURCHIU.. CONDO IV.D. The item before the Board is that of making a recommendation to the City Commission on a privately sponsored rezoning from R-l-AA (Single Family Residential) to RM (Multiple Family Residential - Medium Density) for 5th Street Townhomes, pursuant to LDR Section 2.4.5(D). Pursuant to Section 2.2.2(E)(6), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. The subject property consists of Lot 11, less the west 166 feet thereof, Block 1, Osceola Park and contains 0.5466 acres. The property is located at 622 SE 5t~ Street which is on the south side of SE 5th Street, approximately 160' east of SE 6th Avenue (Federal Highway). The property contains a single family residence which was constructed in 1953. On November 22, 1977 the City Commission approved a City-initiated rezoning to rezone 74 different parcels as a result of implementation of the City of Delray Beach Master Land Use Map, which was adopted June 27, 1977. The subject property was rezoned from RM-10 (Multiple Family Residential - 10 units per acre) to R-l-AA (Single Family Residential), which is its current zoning designation. At its meeting of November 28, 1989, the City Commission adopted a citywide Comprehensive Plan. As part of the Comprehensive Plan adoption, which included the Future Land Use Map, the designation of the subject property was changed from Single Family Low Density to Multiple Family Medium Density. The applicant proposes to demolish the existing single family home and construct up to five townhouse units. The applicant has submitted a zoning district map change request, which is now before the Board for action. The proposal is to change the zoning designation of the property from R-l-AA (Single Family Residential) to RM (Multiple Family- Medium Density). REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body P & Z Board Staff Report Rezoning from R-l-AA to RM for 5th Street Townhomes Page 2 which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The proposed multiple family residential development is an allowed use in the proposed RM zoning district per LDR Section 4.4.6(B)(3). The Future Land Use Map (FLUM) designation is MD (Medium Density Residential 5-12 dwelling units per acre). The proposed RM zoning district is consistent with the MD FLUM designation. The current zoning and land use designations are not consistent with each other and this petition will achieve the required consistency between the Land Use and Zoning designations. Thus, positive findings can be made regarding consistency can be made. Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-I of the adopted Comprehensive Plan of the City of Delray Beach. Pursuant to LDR Section 4.4.6(A), the allowed base density within the RM zoning district is six dwelling units per acre with a maximum density of 12 dwelling units per acre. The increase of the density above the base density relates to the ability of a development to meet performance standards. Given the size of the property the maximum development potential of the property is six dwelling units (12 x .55 = 6.6 dwelling units). The following concurrency analysis is based on a maximum 6 dwelling units allowed. Traffic: The trip generation according to Table 10.8-3 "Fair Share Road Impact Fee Schedule", Palm Beach County Traffic Performance Standards Ordinance for multiple family homes is 7 ADT (Average Daily Trips) and single family 10 ADT. Given this trip generation rate the property would generate 42 ADT based on 6 multiple family units. The existing single family home generates 10 ADT. Consequently, the total new net trips generated by the property at its maximum allowed density would be 32 new ADT. The proposed residential property is located within the Palm Beach County Residential Exemption area and, therefore, is exempt from having to meet the County's Traffic Performance Standards. Given this a finding of traffic concurrency can be made. P & Z Board Staff Report Rezoning from R-l-AA to RM for 5th Street Townhomes Page 3 Solid Waste: The most intensive use of the property (6 multiple family dwelling units) would generate 3.12 tons per year. The annual solid waste generation by the existing single family unit is 1.99 tons. Consequently, the proposed rezoning may generate a potential increase in the solid waste of 1.13 tons per year. The increase can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. Water & Sewer: Water and sewer service is currently available to the subject property. The Delray Beach Water Treatment Plant and the South Central County Waste Water Treatment Plant both have adequate capacity to serve the City at build out. An existing 2" water main along SE 5th Street and an 8" sewer main along SE 7th Avenue are available. There are no fire hydrants in proximity to the subject property. It is noted that when the property is redeveloped, extension of a water main and installation of a fire hydrant will be required. Parks and Recreation: The maximum potential of 6 residential units will not have a significant impact with respect to level of service standards for parks and recreation facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $3,000 will be required of this development for parks and recreation purposes if the property is developed at its maximum density potential. Based upon the above, a positive finding with respect to concurrency can be made. Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted. Future Land Use Element Obiective A-1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The existing use of the property is single family residential. The surrounding uses of the property is multiple family to the east, commercial to the south and west, and single P & Z Board Staff Report Rezoning from R-l-AA to RM for 5th Street Townhomes Page 4 family residential to the north. The proposed multiple family development of the property is more appropriate than single family due to its proximity to the adjacent commercial property to the south and west. Further, given the intensities of the uses to the south, east, and west, the property is more suitable for multiple family rather than single family. The property has in-fact been isolated from the single family neighborhood to the north by these uses. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed multiple family development. The Housing Element of the Comprehensive Plan calls for the provision of infill housing in the downtown area. Housinq Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The proposed development of the 0.55 acre parcel of land as multiple family residential will not significantly affect the neighborhood due to the increased number of residential units. The proposed multiple family development may enhance the single family neighborhood to the north by provided a uniform "buffer/separation" between the commercial uses. Open Space and Recreation Element Policy A-3.1 - Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. This element does not apply to the proposed development as the property is located in the downtown area and will be an infill development of a maximum of six units. Housincl Element Objective B-2 - Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: Housing Element Policy B-2.2 - The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area, and for infill projects having fewer than 25 units. P & Z Board Staff Report Rezoning from R-l-AA to RM for 5th Street Townhomes Page 5 The City has not received a development proposal at this time. While this requirement may be waived for development in the downtown area or certain infill projects, compliance will be encouraged. Housinq Element Policy B-2.6 - Housing in and near the downtown area, in close proximity to employment opportunities and services, is a critical need. In order to help stimulate demand for new housing in and around the Central Business District, the development of new rental housing projects outside of the TCEA and North Federal Highway area is discouraged. The development proposal is located outside the CBD and TCEA area. However, additional residents in the area will patronize commercial businesses along Federal Highway and downtown. As noted previously, a development proposal has not been received. The development of the property as a rental complex would not be consistent with this policy. Therefore, ownership of the units would provide the desired type of residential development. Section 3.2.2 (Standards for Rezoninq Actions): Standards B and C are not applicable. The applicable performance standards of Section 3.2.2 .are as follows: (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The property is designated as stabilization on the Residential Neighborhood Categorization Map. As noted below the property to the east (Villas Sobre Del Mar) is zoned RM and is a townhouse development. The property at the southeast corner of the property is the Barrton Apartment Condos and is also zoned RM. The properties to the west and south are zoned for commercial purposes and are typically incompatible with single family zoning designations. The proposed RM zoning designation is consistent with the development patterns to the southeast and east sides of the property. The proposed RM zoning designation will provide a "transition" between the commercial uses and the single family neighborhood to the north. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following zoning designations and uses border the property: P & Z Board Staff Report Rezoning from R-l-AA to RM for 5th Street Townhomes Page 6 Direction Zoninq Uses North R-l-AA West NC South & Southeast POD & RM East RM Single Family Residential Delray Dental Specialist Mayfair Animal Hospital & Barrton Apartments Villas Sobre Del Mar As noted above, the adjacent uses to the east and southeast are multiple family uses. The Villas Sobre Del Mar townhouse development is similar with respect to intensity to expected development of the subject property. The Barrton Apartment Condos are a relatively intense multiple family development that is located to the southeast. The zoning of the subject property to RM will be consistent and compatible with the land use pattem south of SE 5th Street. (E) Remaining, isolated infill lots within the coastal planning area shall be developed under zoning which is identical or similar to the zoning of adjacent properties; and, the resulting development shall be of a design and intensity which is similar to the adjacent development. The subject property is located within the coastal planning area. The proposed RM zoning district is identical to the zoning of the adjacent property to the east and southeast. A zoning change of the property to the adjacent NC or POD is not appropriate as it would provide a poor transition to the single family neighborhood and would cause an incompatibility to these uses. The intensity of the surrounding development is incompatible with single family uses. The rezoning of the property would create a more defined delineation between the single family neighborhood and the commercial and multiple family area to the south of SE 5th Street. Section 2.4.5(D){5) (Rezoninq Findinqs): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a= That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. P & Z Board Staff Report Rezoning from R-l-AA to RM for 5th Street Townhomes Page 7 The applicant indicates that the proposed rezoning is more appropriate for the property based upon the MD (Medium Density Residential 5-12 dwelling units per acre) Future Land Use Map (FLUM) designation based on circumstances particular to the site and/or the neighborhood. Furthermore, the applicant states: "The previous zoning on my property prior to 1977 was RM-10 and then was rezoned, by the City of Delray Beach, to R-l-AA on June 27, 1977. The requested zoning is of similar intensity as allowed under the Future Land Use Map and is more appropriate for the property based upon circumstances particular to my site and neighborhood. The Future Land Use Map has my property listed as MD (Medium Density)...' Comment: The basis for which the rezoning is being sought most closely relates to Item "c". The FLUM designation for the property is MD. As the applicant has stated, the property was rezoned as part of the citywide rezoning in 1977, which changed the zoning designation from RM-10 to R-l-AA. While the zoning designation was appropriate to the current use of the property at that time, the FLUM accurately reflected the future use of the property with the MD designation. This designation was applied to the property based on the development pattern of the adjacent properties, which is multiple family and commercial. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the development proposal. A site plan application for the proposed residential development has not been submitted. The Site Plan Review and Appearance Board will take final action on the site plan application when it is submitted. The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority), Community Redevelopment Agency (CRA) and HPB (Historic Preservation Board). Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: P & Z Board Staff Report Rezoning from R-l-AA to RM for 5th Street Townhomes Page 8 · Osceola Park · Churchill Condos · PROD · Barrton Apartment Condos · Marina · Presidents Council The rezoning from R-l-AA (Single Family Residential) to RM (Multiple Family Residential - Medium Density) is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). Continue with direction. Recommend approval of rezoning request from R-l-AA (Single Family Residential) to RM (Multiple Family Residential - Medium Density) for 5th Street Townhomes, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5) (Rezoning Findings). Recommend denial of the rezoning request from R-l-AA (Single Family Residential) to RM (Multiple Family Residential - Medium Density) for 5th Street 'rownhomes, based upon a failure to make positive findings with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings) that the rezoning does not fulfill one of the reasons for which a rezoning should be sought. By separate motions: Recommend to the City Commission approval of the rezoning from R-l-AA (Single Family Residential) to RM (Multiple Family Residential - Medium Density) for 5~' Street Townhomes, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attachments: Location/Zoning Map Boundary Survey Prepared by: Scott Pape, Senior Planner ,~_c"/~L ~ ,,Og,gO. O0 N--"~ ~ ,00'09 ,9_c"/g ~ .9g'6£ s\o .gg 6£ .~ ,:00,00o00 S 0 0 0 SEA GA TE TO WERS S E 5TH 4TH I, CURRIE COMMONS OSR SE 8TH 9TH 10TH DELRA Y J BEACH WOMEN'S CLUB ST. ST BARRTON' APT CONDOSR CHURCHI'__ CONDO Ld 0 z SEAGATE 3ASUARINA MANOR MELALEUCA RD BAUHINIA TAMARIND RD AZALEA RD RD HIBISCUS RD CITY Of DELRAYB-'ACH, FL PLANNING ~ZONINGDEPARTMENT SUBJECT AREA 5TH STREET TOWNHOMES -- REZONING -- FROM: R-I-AA (Single Family Residential) TO: RM (Medium Density Residential) --- DIG,q'A/ ~SE ~ $~I~M ---- MAP REF LM626 Delray Dental Specialists Condo Association 505 S.E. 6u' Avenue Delray Beach, Florida 33483 (:it.',, of 1)=h-ay Il;ach P]mmi,q~ und 7,uning Board lO0 N.W. l" Avenue D¢lray Beach, 1:I, 33444 Property Re-zonh~g for l:ifth Street 'I ownhomes File ~12002-209 Attention: Phmning and Zoning Board Members Please be advised lhal as properr7 owners that are adja¢cm ~o ~hc proposed re-zoning project, we are against the re-zoning. We understana mat re-zoning tins approxm~mety 55 acre parcel would allow for up to six (0) mwm~ouses. Our opposmon is as lotlows: o l'arkinz: If this property allows lbr lhe 0evelopmenl el six ur~l,q, will likely be tnaaequme. Most l~mlltes have two cars. In aOclnlon, workers and friends and l~mtly may impact the need liar parking dkt]'Hl~ tl~c wcck as well as on the weekend. Overflow pm'king will likely spill imo Otll lot. A. B. Om' pm'king spaces m'e private, lbr om palignl, sml'l'and doctm usc cml)'. Our parking lot is at capacity m~d we a~'ea0y lx-~ve a problem wilh over, ow from the building locmeO ~o me sot~lh, t'lcasc do laol create a SilUation whei~ we will have lO "police" om 1ol allcl polcnliall), iow our neighbors' cars. Appearsncc: I'l~ing a building ~o ~commodme six ~mits will likely bo tin'cc stories in heigh~ and have a tbotprim which will llll most of the green spacc, t~l this lot. This will negatively impel the appearm~ce t,l' thc ama. ~ming: The mining of our property at 5[~5 ~.k (,'~' A vct~uc wus gcl~cl ?~1 commercial when it was purchmsed in the line 1 9~o's. AIYcr wc bruit m: attractive one ~oD' low dgnsiB, building in I q~. tBe city of I )ch'ay 15each unllalcrally removed our general commercial zonin,,r and downg~,~tlcd i~ ~{, a xontng thai provided us wilh lbwm options to tlcvclop our prt,prrty in thc future. Thc Ci~' said that irs goal was not lo maxim~z.e 0~e dollar value o1' each property, bm to m~nmin thc quality of thc area. Since fl~e property had bccn developed as a Iow dcmsi~y building, thc (hty wanted to ensure ll~a~ i~ remained that way. If the City chm~ges its vision and wants lo now allow each prop,my to develop to ixs maximum Iinancial pmemml, then wc will ttsk thztl zoning. Thank you lbr your consideration in this mauer and your assi.q~mmc m helping m keep Delra¥ Beach ~hc attractive and desirable city ~ha~ it Ires become. Sincerely,, Dr. Frank Shapitns (f~bert 1 ~<l"tdma Page 1 of 1 Pape, Scoff From: Heussi, Loretta Sent: Tuesday, July 16, 2002 10:11 To: Pape, Scott Subject: FW: FILE #200-269 ..... Original Message ..... From: DRJ628@aol.com [mailto:DR_]628@aol.com] Sent: Sunday, July 14, 2002 9:58 PM To: pzmail@delrayplanning.org Subject: FILE #200-269 Dear Delray Planning and Zoning, We are the owners of 628 SE 5th Street #3 which is next to Lot 11, Block 10sceola Park Plat Book 3, Page 2 which is the property requesting the zoning change from R-l-AA to RM. Unfortunately, due to the demands of my Internal Medicine practice, I will not be able to attend the meeting on July 15th. We, along with our neighbors are strongly apposed to this reasoning. The property in question is at the intersection of SE 5th street and 7th Ave. 7th Ave. is a narrow, one lane street which is already overused with two-way traffic. This presents a danger to our children which can only be increased by granting this zoning request. One block away on Federal Highway a large townhouse development is presently under construction. We are pleased with the growth of Delray Beach but do not feel this street can handle further traffic and will impact the value of our homes. Sincerely, Dr. and Mrs. C. Robert Johnson RECEIVED J U L 6 7/16/2002 Pape, Scofl From: Sent: To: Subject: Heussi, Loretta Tuesday, July 16, 2002 10:10 AM Pape, Scoff FW: File 2002-269 ...... Original Message ..... From: Mund, Diana Sent: Sunday, July 14, 2002 9:42 PM To: Heussi, Loretta Subject: FW: File 2002-269 > > >From: delta97@bellsouth.net[SMTP:DELTA97@BELLSOUTH.NET] >Sent: Sunday, July 14, 2002 9:45:13 PM >To: pzmail@delrayplanning.org >Subject: File 2002-269 >Auto forwarded by a Rule > Townhouses Villas Sobra Del Mar 628 SE 5th Street Delray Beach Fl. 33483 Delray Planning Commission Delray Beach, Fi. 33444 "' ':- J U L 3 6 Dear Sir: I am the President of the Villas Sobre Delma Homeowners Assosication. Our homes are located on the corner of SE 5th Street and SE 7th Avenue right next to the property referred to in file 2002-269 on 'SE 5th Street wherein it is proposed to change the zoning to allow medium density housing where a single family home now exists.We strongly object to this change. As a twenty year resident of Delray and the Medical Director of Delray Fire Rescue, I have seen the City grow tremendously, in many good ways. However, I am extremely distressed at the proposed rezoning of the land on 5th Street referred to in File 2002-269. The small quiet 5th Street neighborhood can in no way handle the increased traffic that a medium density building will bring. The streets in the neighborhood have already been made one way with no entreance but only exit routes in order to slow and decrease traffic. Furthermore, Seventh Street is a one lane road. It is the only other street that one can travel on in the area. Therefore, we object highly to the proposed zomning change and urge the the Delray Planning Commission and the City to decline the request for increasing the allowable density referred to in file 2002-269. Sincerely yours, Randall L. Wolff, M.D. President, Townhouses Villas Sobre Del Mar Howmoweners Association 628 SE 5th Street Delray Beach, Fl. 33483 Pape, Sco From: Sent: To: Subject: Heussi, Loretta Tuesday, July 16, 2002 10:09 AM Pape, Scott FW: FILE ~2002-269 ...... Original Message ..... From: Mund, Diana Sent: Sunday, July 14, 2002 8:18 PM To: Heussi, Loretta Subject: FW: FILE %2002-269 > > >From: Brad & Melissa[SMTP:BRAD LEVINE@YAHOO.COM] >Sent: Sunday, July 14, 2002 8:31:16 PM >To: pzmail@delrayplanning.org >Subject: FILE %2002-269 >Auto forwarded by a Rule > Dear Delray Planning and Zoning, Thank you for taking this letter by email. meeting. ECEIVED 200Z ZONING I am unfortunate out of town for the July 15 We are the owners of 628 SE 5th Street %1, directly next door to Lot 11, Block 10sceola Park, Plat Book 3, Page 2 - the property requesting the zoning reclassification from R-l- AA (Single Family) to RM (Multiple family medium density). We strongly request that ~his rezoning NOT be permitted. We have spoken with 4 property owners who live with in 3 homes of the proposed districting and all have same serious concerns. We feel the property values on our street will decrease. On the east side of 7%h Avenue, the homes are on the intercostal with prices often greater than $2.5 million. Additionally, the intersection of SE 5th Street and 7th Avenue is a small one lane road with 2 way traffic. This has not been a problem, however, with an increase of traffic caused by the proposed rezoning, a dangerous amount of traffic could be expected, especially with the young children of our area. Please note, approximately 1 year ago a drunk driver crashed his car at this intersection at 6pm with children watching the entire accident. Finally, an abundance of Multifamily units are currently being built within 1/8 mile of our properties causing us question the exact impact of additional Multifamily housing proposed, including traffic, whether the new townhouses currently being built on Federal Highway will hold their value and most importantly will the quality of the neighborhood better. We have watched Delray grow and have been very impressed all its many success and know the Zoning Board will make the right decision. This is why we are proud to call Delray home. We again strong ask that the zoning request be denied. Sincerely, Bradley Levine and Melissa Levine, MD Property Owners 628 SE 5th Street %1 Delray Beach, FL 33483 Pape, Scoff From: Sent: To: Subject: Randall Wolff [rwolff@hcdpbc.org] Thursday, August 01, 2002 12:00 PM 'spape@delrayplanning.org' SE 5th Street Townhorne Project As the adjacent neighbor to thib property, the residents of Villas Sobre Del Mar want to strongly object to the proposed project of converting a single family home to medium density townhomes. The streets in the area are already congested. Traffic calming measures have been instituted by the City because of this. The City should not approve this project this project in our opinion. Randall L. Wolff, M.D. President, Villas Sobre Del Mar Association 628 SE 5th Street Delray Beach, Fl. 33483 Frank D. Shapins, D.D.S., 505 S.F. 6"' Avenue Delray Beach, Florida 33483 561-278-00o4 Au~,u,st 18,2002 1)ch.a~. Death City Commission Kc: Rczoning 622 S.E. 5th Street RECEIVED CITY CLERK I.)car (:on1 mi.'i.SiOll c i'~: On August 20,2002 you wtll be considering the request ~o rezone the property a~ (~22 .'4.1:. 5"' 8tre, et from single family to multiple family zoning. 11 iS my understandinff ~l~s~ lh]s /,oning will allow up lo six units to be placed on this appcoximately '/a acre lot. Smcc I ~=m ~ne of lhe owners of the adjacent Dental Specialists Building, I z~ln writing to cxp~ c om ern that 1 he de~'elopmenl of Ibc adjacent property have adequate parking c duse overliow into our parking lot and ~lal fl problcl~l is IlOl created tllat wotlld place ncighbos'~ at oddn. When this concern was presetlted to the Flarming and Z;oning 13oard meeting. ~l~c (,'i~y btaff advised thc Board that "the ~ompe~Jfion tbr ~he spaces in ~be den~al building p~n'kinla 1o! would bc less a~ter 5PM" when most of ibc residems would I~a~,e lheJr ~ucsls, When I ol~jccted lo ~hc tdea of competition Iht our spaces, one oI'~he board members slawd ~ha~ although our spaces are indeed private, it is a fact of lilb that thc public ollen does not sec i~ ~ha~ way ~nd will tend to usc private spaces when available. These responses Imply tliat fl~e use of private p~king is being unofficially considered as an ,ption in thc plamfing of our city that is experiencing a shortage ofp~king. Il also sc'cms to indicalc that thc code requirements lbr parking ale too low to provide adequate parking in "real world" We have been advised by both cl~y officials and thc attorney Ibr lhc propcr~y owner tl~a~ if we do have a problem with neighbors' cars in our 1Ol, lhat we shotfld Iow them. Another option presented was lo put up a gate on our lot. '1 hcsc arc oplious that a~c olsly going to create problems for all concerned. They are options that arc contrary to thc spiri~ ~,l' (;omnltlllity. Wc ask that bclbre you approve re?.oning, you have a site plan in hnnd. Wc a.,,k that you visualize 'where the residents, service vehicles and ]~uCst.,, will bc parking. Wc ask yc~u approve d~:vcloplncnt that acids to the quality t)l'Otlr area alld doc5 [l~.,I c~calc ul~t,thc~ problem for neighbors. Once these problems are created, thc), arc csscnlially there ~brcvcr. 'l'hank you £or your mlcnlion !o thi.s matter. Nincgrcly, ~, ~ Frank D. Shapins ~ MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~I AGENDA ITEM # [ Q ~) - REGULAR MEETING OF AUGUST 20, 2002 ORDINANCE NO, 33-02 (AMENDING LAND DEVELOPMENT REGULATIONS) AUGUST 16, 2002 This is second reading and second public hearing for Ordinance No. 33-02 which amends the Land Development Regulations (LDR) by repealing Section 4.3.3(D), "Residential and Non-Residential Alcohol and Drug Abuse Treatment Facilities" and adding a new Section 4.3.3(D), "Substance Abuse Treatment Facilities" listing specific requirements for the facilities. The ordinance modifies the current location restrictions from 1,200 feet to 1,000 feet in accordance with Florida Statutes regarding public, private, middle, second~ry schools, and other treatment facilities. Ordinance No. 33-02 changes the definition of substance abuse treatment facilities and group homes; in addition to renaming "Residential and Non-Residential Alcohol and Drug Abuse Treatment Facilities" to "Substance Abuse Treatment Facilities" throughout the Land Development Regulations. It removes these facilities from the RM (Medium Density Residential) zoning district where they are currently allowed as a conditional use. The treatment facilities will continue to be allowed as a conditional use in most commercial zoning districts, some office districts, and CF (Community Facilities) zoning district. On July 15, 2002, the Planning and Zoning Board held a public hearkng in conjunction with the request. No one from the public spoke in support of or opposition to the proposed amendment. After discussion, the Board voted 7-0 to recommend that the request be approved, based upon positive findings with respect to LDR Section 2.4.5(M), with associated grammatical changes as determined by the City Attorney. At first reading and first public hearing on August 6, 2002, the City Commission passed the Ordinance No. 33-02 unanimously. Recommend approval of Ordinance No. 33-02 on second and final reading. S:\City Cierk\chevelle folder\agenda memos\Ord.33.0Z08.20.02 TO: THRU: FROM: SUBJECT: JEFFREY A. COSTELLO, PRINCIPAL PLANNER MEETING OF AUGUST 6, 2002 CONSIDERATION OF AN AMENDMENT TO LAND DEVELOPMENT REGULATIONS REGARDING SUBSTANCE ABUSE TREATMENT FACILITIES. This amendment is corrective in nature. Earlier this year, the Florida Legislature amended Chapter 397, Florida Statutes, regarding the regulation of Substance Abuse Treatment Facilities, which became effective July 1, 2002. Thus, the City's Land Development Regulations regarding treatment facilities require amendment to conform to the State's requirements under Chapter 397, Florida Statutes. The amendment involves repealing LDR Section 4.3.3(D) (Residential and Non-Residential Alcohol and Drug Abuse Treatment Facilities) and adding a new section 4.3.3(D) (Substance Abuse Treatment Facilities), which lists specific requirements for substance abuse treatment facilities. These changes included modifying the current location restrictions of 1,200 feet from public or private, elementary, middle or secondary schools, and between other treatment facilities, to 1,000 feet to be consistent with State Statutes. The amendment also involves changing the definition of substance abuse treatment facilities, and accordingly renaming residential and non-residential alcohol and drug abuse treatment facilities to substance abuse treatment facilities throughout the LDRs. This amendment removes substance abuse treatment facilities from the RM (Medium Density Residential) zoning district, where they are currently allowed as a conditional use. Treatment facilities will continue to be allowed as a Conditional Use in most commercial zoning districts, some office districts, and the CF (Community Facilities) zoning district. In addition to the changes in response to State Statutes, the definition of group homes has been changed to exclude certain substance abuse treatment facilities. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. As noted previously, this amendment is being initiated more for "housekeeping" purposes than to fulfill any specific Comp Plan policy. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. The Planning and Zoning Board held a public hearing regarding this item at its meeting of July 15, 2002. There was no public testimony in support of, or opposition to, the proposed amendment. There was a person who commented on grammatical changes and that the use should be removed from the OSSHAD zoning district. After discussing the text amendment, the Board voted 7-0 to recommend to the City Commission approval of the proposed text amendment based upon positive findings with respect to LDR Section 2.4.5(M), with associated grammatical changes as determined by the City Attorney. By motion, approve on first reading a text amendment to the Land Development Regulations regarding substance abuse treatment facilities,, based upon the findings and recommendations by the Planning and Zoning Board, setting a public hearing date of August 20, 2002. Attachment: Ordinance by Others [ 0~ CITY OF DELRI:IY BEACH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 ° FACSIMILE 561/278-4755 1993 DATE: July 24, 2002 MEMORANDUM Wnter's D~rect L~ne 561/243-7090 TO: David T. Harden, City Manager Mayor and Commissioners FROM: Terrill Pyburn, Assistant City Attorney SUBJECT: Ordinance Regulating "Substance Abuse Treatment Facilities" The Florida Legislature amended Florida Statutes Chapter 397 regarding Substance Abuse Treatment Service Providers to require that both Residential and Non-Residential Service Providers be regulated through licensing. As a condition of this regulabon, the Legislature stated that in order to obtain a license, these facilities must be in compliance with the municipal zoning laws. This new law became effective on July 1, 2002. As a result of this new law, the City of Delray Beach has proposed to amend its LDRs in order to allow Substance Abuse Treatment Facilities within the General Commercial (GC), Central Business (CBD), Professional and Office (POD), Residential Office (RO), Community Facilities (CF), and Old School Square Historic Arts (OSSHAD)Districts as Conditional Uses. Please place this matter on the August 6, 2002 City Commission Agenda for consideration. Please let me know if you have any questions. Thank you. CC: Barbara Garito, City Clerk Susan Ruby, City Attorney Paul Dorling, Planning Director Jeff Costello, Principal Planner Jasmin Allen, Planner ORDINANCE NO. 33-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY REPEaKLING SECTION 4.3.3(D), "RESIDENTIAL AND NON-RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES" AND ENACTING A NEW SECTION 4.3.3(D), "SUBSTANCE ABUSE TREATMENT FACILITIES", PROVIDING A DEFINITION AND ESTABLISHING A MINIMUM CRITERIA FOR SUBSTANCE ABUSE TREATMENT FACILITIES, ADDRESSING THE EFFECTIVE DATE FOR EXISTING SUBSTANCE ABUSE TRI~.ATMENT FACILITIES; AMENDING SECTION 4.3.3(I), "COMMUNITY RESIDENTIAL AND GROUP HOMES" TO EXCLUDE CERTAIN SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.4.6 "MEDIUM DENSITY RESIDENTIAL (PM) DISTRICT", SUBSECTION 4.4.6(D), "CONDITIONAL USES AND STRUCTURES AI.I.OWED", BY REMOVING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9 (D), "CONDITIONAL USES AND STRUCTURES AI.I.OWED", BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT," SUBSECTION 4.4.13 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.4.16, "PROFESSIONAL AND OFFICE (POD) DISTRICT," SUBSECTION 4.4.16 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TRF. ATMENT FACILITIES; AMENDING 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT," SUBSECTION 4.4.17 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TRRATMENT FACILITIES; AMENDING 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT," SUBSECTION 4.4.21(D), CONDITIONAL USES AND STRUCTURES Al.LOWED", BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)," SUBSECTION 4.4.24 (D), "CONDITIONAL USES AND STRUCTURES ALI.OWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES I ORD. NO. 33-02 WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SUBSECTION 4.6.9 (C), "NUMBER OF PARKING SPACES REQUIRF. D," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TRF. ATMENT FACILITIES; AMENDING APPENDIX "A", "TERM AND DEFINITION," BY REPEALING THE DEFINITIONS OF "NON-RESIDENTIAL SUBSTANCE ABUSE TREATMENT FACILITY," "RESIDENTIAL TREATMENT FACILITY," AND "SUBSTANCE ABUSE" IN THEIR ENTIRETY AND ADDING THE DEFINITION OF "SUBSTANCE ABUSE TREATMENT FACILITY"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to amend the land development regulations pertaining to Substance Abuse Treatment Facilities to incorporate certain aspects of Florida Law relating to Substance Abuse Treatment Facilities; and WHEREAS, the Legislature passed the committee substitute for Senate Bill 682, which is effective July 1, 2002; and WHEREAS, the City Commission finds that it is in the public interest to amend section 4.3.3(I2)), Land Development Regulations, to establish minimum criteria for Substance Abuse Treatment Facilities; and WHEREAS, the regulation of land use matters is of great local concern and impacts upon the health, safety and welfare of the City's residents; and WHEREAS, the City may regulate the location of such facilities through the exercise of its police powers in furthering the local land use concerns; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA: Section 1, That Section 4.3.3 (D), "Residential and Non-Residential Alcohol and Drug Abuse Treatment Facilities" of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby repealed and a new Section 4.3.3(D), "Substance Abuse Treatment Facilities", is hereby enacted to read as follows: .(12)) Substance Abuse Treatment Facilities {1) Definition: "Substance Abuse Treatment Facility." shall mean a service provider or facility that is: (a) licensed or required to be licensed pursuant to Section 2 ORD. NO. 33-02 397.311(18~. Fla. Stat. or (b) used for room and board only and treatment and rehabilitation are provided at locations other than the prim~, residential facility, whether or not the facilities used for room and board and for treatment and rehabilitation are operated under the auspices of the same provider. For the purposes of this paragraph (b), the following shall be deemed to satisfy the "treatment and rehabilitation activities" component: (i) service providers or facilities which require tenants to participate in treatment and rehabilitation activities as a term or condition of. or essential component of, the tenancy,: 9r (ii) service providers or facilities which facilitate, nromote, monitor. or main~n records of. tenant participation in treatment and rehabilitation activities, or peff0rm testing to determine whether tenants are drug_ and alcohol free. or receive reports of results of such (2) Floor Area: (3) Rooms: Minimum floor area for bedrooms and the minimum number of bathrooms shall be governed by the Standard Housing Code. (b) Common Area: At least 10% of the total floor area shall be devoted to COIIllIlon area. (3) Facilities and Requirements: (a)Individggl rooms or suites shall not have kitchen facilities awihble for the preparation of food. (4) Appearance: Substance Abuse Treatment Facilities shall have building elevations which are similar in character and similar in appearance to the surrounding area. They shall not be institutional in appearance. (5) Licenses and Inspections: (3) Safety Inspections: Issuance of an occupational license shall be preceded by an annual safety inspection; issuance of an occupational license shall be contingent upon ¢ompliarlce with the recommendations of the City Fire Marshall and the Chief Building Official, State License: Applicants for a City. occupational license 3 ORD. NO. 33-02 shall submit a ¢opy of the entire State application form as submitted to the State. to the Occupational License Admim'strator at the time of application for an occupational license. Proof of licensure by the State shall be submitted to the City within three (3.) months of issuance of the City. occupational license. (c) Annual License: Occupational licenses must be renewed annually, and may only be issued upon provision of proof that the facility continues to be licensed by the State and upon passing of City. inspections. (d) All Substance Abuse Treatment Facilities with licensing requirements shall comply with Chapter 397 of the Florida Statutes. any Palm Beach County Rules art¢t Re_malafions. and this ordinance pertaining to Substance Abuse Treatment Facilities. (6) Location Restrictions and Special Re_tmlafions: (a) Substance Abuse Treatment Facilities shall not be within 1,000 feet of any public or private elementary., middle, or secondary, school. (b) A Substance Abuse Treatment Facility shall not be located within 1.000 feet of another Substance Abuse Treatment Facility.. (7) .l~ffect on Existing Substance Abuse Trea~nent Fadlities: Any Substgnce Abuse Treatment Facility that exists as of the July 1, 2002. must comply with all provisions and requirements of this ordinance no later than e~hteen (18) months after July 1, 2002. Secfiotl 2. That Section 4.3.3(1), "Community Residential and Group Homes", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (1) Community Residential Homes and Gloup Homes: (1) Purpose: The purpose of this section is to provide for the health, safety, welfare, and shelter in sound housing of residents of Community Residential Homes and Group Homes and residents of the City who are in need of such facilities, while assuring compatibility of these facilities with surrounding areas. (2) Applicability: This section shall be applicable, but not limited, to Community Residential Homes and Group Homes which constitute a new facility or a modification of an existing lawful facility which increases the floor area or the permitted number of residents. This section does not include foster homes; assisted living facilities; continuing care facilities; abused spouse residences; child care facilities; adult day care facilities; convalescent homes, 4 ORD. NO. 33-02 homes for the aged or nursing homes; nor -2c.c. hc.l and &-ag Substance Abuse Treatment Facilities as regulated in LDR Section 4.3.3(D)(1)(b). Section3. That Section 4.3.3(1)(3), "Definitions", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (3) Definitions: (a) Resident: The term "resident" for a community residential home or group home means any of the following pursuant to the Florida Statutes: 1. A frail elder as defined in Section 400.618; 2. A physically disabled or handicapped person as defined in Section 760.22(7)(a), including but not limited to, persons in recovery from drug or alcohol addiction, but this does not include any person attending a Substance Abuse Treatment Facility. which is covered under 4.3.3 (D)(1)(b): A developmentally disabled person as defined in Section 393.063(12); A non-dangerous mentally ill person as defined in Section 394.455(18); or, 5. A child as defined in Section 39.01(14), Section 984.03(9) or (12), or Section 985.03(8). (b) Community Residential Home: The term "Community Residential Home" means a dwelling unit licensed to serve clients of the Depaxtment of Children and Family Services, which provides a living environment for 7 to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet physical, emotional, or social needs of the residents. (c) Group Home: The term "Group Home" means a home, and/or a building or part thereof, or group of buildings, which is not licensed to serve clients of the Florida Department of Children and Families, but which otherwise meets the definition of a Community Residential Home and has either less than 7 residents or more than 14 residents. Section 4. That Section 4.4.6, "Medium Density Residential (RM) District," Subsection 4.4.6 (D), "Conditional Uses and Structures Allowed," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: 5 ORD. NO. 33-02 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RM District: (1) Adult congregate living facilities and continuing care facilities. Child care and adult day care. (43_) 4.3.3(HHH). Private educational facilities subject to the restrictions set forth in Section (~ Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to CF, as appropriate. (6~ Convalescent homes, homes for the aged, nursing homes, and rest homes. (Cfi) The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. (82) Single family detached residences in zero lot developments. (9~ Yacht dub with facilities. (:14~9_)Dock master facilities when associated with a multi-family development which has a marina. (~4_L0_) Private beach dubs with attendant recreational, dining, and related accessory facilities within the area lying south of Atlantic Dunes Park and east of State Road A1A. Section 5. That Section 4.4.9, "General Commercial (GC) District," Subsection 4.4.9 (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the GC District, except as modified in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a) and the North Federal Highway Overlay District by Section 4.4.9(G)(2). 6 ORD. NO. 33-02 (1) Rc~idcn'"-~l )Acc. kc.l aha.. Drag Substance Abuse Treatment Facilities subject to restrictions set forth in Section 4.3.3(1)). Section 6. That Section 4.413, "Central Business (CBD) District", Subsection 4.4.13(D), "Conditional Uses and Structures Allowed," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (12)) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD Districta (2) o A_:a__.'-_,.,,.o.,....~..~ .........,..s'--t--~ ~....--a r~_._._...~6 Substance Abuse Treatment Facilities subject to restrictions set forth in Section 4.3.3(D). Section 7. That Section 4.4.16, "Professional and Office (POD) District", Subsection 4.4.16 (D), "Conditional Uses and Structures Allowed," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the POD District: (2),,,~o,,,,.,,~,,° A~:a__.'-_~ ,a'--t'-',,,.,,,,,,, ~..,~-a ~-"/5r'-'- Substance Abuse Treatment Facilities: subject to restrictions set forth in Section 4.3.30D). Section 8. That Section 4.4.17, "Residential Office (RO) District", Subsection 4.4.17 (D), "Conditional Uses and Structures Allowed," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RO District: (2)..~o...~..~.D __:a__.'._, .~..~.......'--L-' ,,.....,,--a '-'-"~'""-'- Substance Abuse Treatment Facilities: subject to restrictions set forth in Section 4.3.3(D). Section 9. That Section 4.4.21, "Community Facilities (CF) District", Subsection 4.4.21 (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CF District: (1) Health Care, such as: adult congregate living; continuing 7 ORD. NO. 33-02 care; homes for the aged; nursing homes; zzg:.dcn~;2,~.......-'--~--~ .,..~.--a ~"~'esa-'- Substance ~tA_buse eTreatment 5!~acilifies, subject to the restrictions set forth in Section 4.3.3(12)); hospitals, with or without helipads and associated laboratories, treatment centers, rehabilitation centers, and testing facilities; and mental health treatment facilities including residential care. Section 10. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)', Subsection 4.4.24 (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (I2)) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: (4) living o~:.a__.'-.~ s~__t._~ A-a r~_._ Substance Adult congregate facilities, ~ ....................... e5 Abuse tTreatment ~F_acilifies subject to restrictions set forth in Section 4.3.3(D), Child Care, Adult Day Care, Continuing Care, Convalescent Homes, and Nursing Homes. Section 11. That Section 4.6.9, "Off-Street Parking Requirements", Subsection 4.6.9 (C), "Number of Parking Spaces Required", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (C) Number of Parking Spaces Required: The number of parking spaces required for new buildings, new uses, additions, enlargements, or changes shall be determined by the following standards for uses and categories of use and types of parking spaces. (7) Other Uses: (a) Abused Spouse Residence: One space per sleeping room plus one space for each shift employee. Co) ACLF's,°A~:a--''--' A,--t.~u----~ r~--~Sub.. Abuse Treatment Facilities, and Nursing Homes: Shall provide one space for each four beds. Section 12. That the terms "Non-Residential Substance Abuse Treatment Facility", "Residential Treatment Facility", and "Substance Abuse", and their definitions, contained in Appendix "A' of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same are hereby repealed, and a new defirfifion, "Substance Abuse Treatment Facility" is hereby enacted, to read as follows: $1JBSTANCE ABUSE TREATMENT FACILITY 8 ORD. NO. 33~02 A service provider or facility, that is licensed or required to be licensed pursuant to Section 397.311(18), Fla. Stat. or used for room and board only and in which treatment and rehabilitation are provided at locations other than the primary residential facility., whether or not the facilities used for room and board and for treatment and rehabilitation are operated under the auspices of the same provider. Section 13. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 14. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 15. That this ordinance shall become effective immediately upon its passage on second and final reading. the PASSED AND ADOPTED in regular session on second and final reading on this day of ~ 200 MAYOR ATTEST: CITY CLERK First Reading Second Reading 9 ORD. NO. 33-02 LA'~V OFFICF. S THE SOLOMON TROPP LAW GROLIP, 400 NOI'~.J Il &SIIT_E'~' I) 1 AZ& e ~tJt I ~ 3000 '['AMPA. P'LOIIlI)A 33002-4331 TI2I.FPIIONE- (813) 225-18 t8 I-El IZPbI()NI:- '" I 3) 225-1 ()11 13) ~2~-J 0~0 P.A. RECEIVED 1 6 2002 CiTY MANAGER Via telecopy 561/27~ Via Celecopy #561/243-3774 Susan Ruby, Esq Office of the C~ty Atto 200 N.W. I~t Avenue Deiray Beach, Florida 33444 David Harden City Manager 100 N W I" Avenue Deh'ay Beach, Florida 33444 Re: Proposed Ordinance No. 33-02 Dear Ms. Rub3, and Mr. Harden: The tmdersigned represents Sober L~v]ng in Delray Beach, L L.C. ("Sober Living") Unlike substance abuse treatment facihtics, Sober Living does not provide either a detoxificat]on or a rehabilitation progn'am. Sober Living merely provides a safe, supportive, drug-flee enwronment tbr recovering adults who require a sem~-structured env]]'onment during thc early stages of their sobriety. We have been notified that the CJty of Delray Beach is considering an amendment to its laud development regulations regarding substance abtLse treatment facihties After reviewing the proposed amendment, it is our opimon that this amendment will ]-esult m an ordmm~ce which violates the Fair Housing Am~endments Act (the "Act") by faring to make a reasonable accommodation necessary to alfred handicapped persons [in this case, l ecovenng adult alcoholics mad drug addxcts] alt equal opporttm]ty to use and enjoy a dwelling within the City. 42 U.S.C. § 3604(t)(3)(B). We have confirmed that our view o17 thc proposed amendment is shared by the American C~wl Liberties Union and the Umtcd States Justice Department Congress intended the Act to foster thc abihty of handicapped individuals to live in thc residence of their chmce in a commmmy. II cannot be disputed that residents and prospechve residents of a group home for recovering alcoholics and drug addicts are persons w~th a "handicap" within the memung of the Act. 42 U.S C. § 3602 (h) The proposed ordinance would exclude adults recovenng from alcohohsm and drag add~ct~on flora a substantmI percentage of rental housing in the City Ordinances with thxs effcct have consistently been struck down as violative of the Act. See City of Edmonds v Oxlk~rd House, lnc, 514 U.S 725 (1995). When the United States Supreme Court considered City of Edmonds, a substantial number of briefs were filed as amw~ curiae m support of Oxtbrd House, Inc, a residence tbr recovering alcohohcs m~d drttg addmts that was ncgatively affected by the zoning code of the City of Edmond, Washington. Included were briefs of the 2Xanencm~ Psychiatric Association, the American Association on Mental Retardation, the Nahonal Alhance for the Mentally Ill, the gO0~ SV~ddoa&uo~olos --O~OI ~aa ~T{-XYd ~T:~O Ia~ gO/9T/~O Susan Ruby, Esq. David Harden August l 6, 2002 Page 2 Joseph P K~em~edy, Jr. Foundation, the American Association ol' Retired Persons {"AARP"), the American Plmmmg Association, the National Fair Housing Alliance m~d the Attorneys General for twelve different states, Because the Act's delinition of "handicapped" mchtdes res~den[s o_F ,~ group home for recovering alcohohcs and drug addicts, th~s myriad or- groups, many of ~vlnch represent individuals xvith va15ous types of handicaps, were all interested m ensuring that the City of Edmonds' zoning code would not be pemfittcd to exclude any handicapped persons, including lhose "handicapped" recovering alcoholics and drug add,ets Sober Living and other s~miIar entities me aware of the City's concerns and are anxious to do whateYer they can to assist m alleviating those concerns As a result, the Delray Beach Recovery Association ("DBRA") has recently been formed Thc goal of the DBRA ~s to confer with the City and assist the City in alleviating any extstmg problem while avoiding the violation of federal law. We are avmlable to discuss this matter with you at your convenience. Alternatively, we .look forward to meeting you at the public hearing on August 20, 2002 FLJ/bc Sincerely yours, THE SOLOMON TROPP LAW GROUP, P.A. F, Lorraine J ahn TIlE SOLOMON TROPP [~AW GROUP, P.A. EY I~LAZA SuI-rl _3000 I'AMF',n., FLORIDA 33602-4331 (813) 225-18t8 tB13)225-tOlt ~00~ .~vqadoa£-uomolo~- 0§0I- [188 ['IB X¥~I 6T 8'0 Ihld '~O/gT/~O MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~4' ( AGENDA ITEM # i ~ . REGUIJtR MEETING OF AUGUST 20. 2002 ORDINANCE NO, $5-02 (ANNEXATION. SM. AI.I. SCALE FUTURE LAND I, ISE MAP AMENDMENT & INITIAL ZONING AUGUST 16, 2002 This is second reading for Ordinance No.35-02 that provides for annexation, a small scale Future Land Use Map (FLUM) amendment from County MD (Medium Density Residential - Five (5) dwelling units/acre) to City I.D (Low Density Residential- Zero (0) to Five (5) dwelling units/acre), and initial zoning to R-l-AAA (Single Family Residential District) for a parcel of land located on the west side of Barwick Road approximately 260 feet north of the L-31 Canal (13341 Barwick Road). The subject property is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential) zoning designation. The property is located within the City's Planning Area (Future Annexation Area) and the owner is seeking voluntary annexation at this time. The 0.88 acre property contains an existing 2,677 square foot one-story single family home. The applicant is seeking annexation into the City to obtain water service. On July 15, 2002, the Planning and Zoning Board held a public heating in conjunction with the request. No one from the public spoke. After discussion, the Board voted 7-0 to recommend that the request be approved, based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Land Development Regulations Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and compliance with Florida Statute Chapter 171.044 as follows: 1. The property is contiguous, reasonably compact and does not create an enclave. 2. Services will be provided to the properties in a timely and effident manner. At the first reading on August 6, 2002, the City Commission passed the Ordinance No. 35-02 unanimously. Recommend approval of Ordinance No. 35-02 on second and final reading. TO: THRU: FROM: SUBJECT: DAVID)T. HARDEN, CITY MANAGER PAUL DORLIN,~ING AND ZONING DIRECTOR ~MIN A~ANNER MEETING OF AUGUST 6, 2002 ANNEXATION, SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM COUNTY MD (MEDIUM DENSITY RESIDENTIAL FIVE DU/AC) TO CITY LD (LOW DENSITY RESIDENTIAL - ZERO TO FIVE DU/AC), AND INITIAL ZONING OF R-l-AAA (SINGLE FAMILY RESIDENTIAL DISTRICT) FOR A PARCEL OF LAND LOCATED ON THE WEST SIDE OF BARWICK ROAD, APPROXIMATELY 260 FEET NORTH OF THE L-31 CANAL (13341 BARWICK ROAD) The 0.88 acre property is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential) zoning designation. The property is located within the City's Planning Area (Future Annexation Area) and the owner is seeking voluntary annexation at this time. The property contains an existing 2,677 square foot one-story single family home. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of July 15, 2002, the Planning and Zoning Board held a public hearing in conjunction with the requests. There was no public testimony regarding the proposal. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the requests be approved, based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and that the property is contiguous, reasonably compact and does not create an enclave; and, that services will be provided to the property in a manner similar to other similar properties within the City. By motion, approve on first reading the ordinance for Annexation, the FLUM amendment from County MD (Medium Density Residential - Five Dwelling Units Per Acre) to City LD (Low Density Residential - Zero to Five Dwelling Units Per Acre), and the initial zoning designation of R-l-AAA (Single-Family Residential District), based upon the findings and recommendation by the Planning and Zoning Board and set a public hearing date of August 20, 2002. Attachments: P & Z Staff Report of July 15, 2002 ORDINANCE NO. 35-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND ON THE WEST SIDE OF BARWICK ROAD, APPROXIMATELY 260 FEET NORTH OF THE L-31 CANAL (13341 BARWICK ROAD), AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO THE CITY; REDEFINING THE CITY'S BOUNDARIES TO INCLUDE SAID LAND; PROVIDING FOR THE RIGH'I~S AND OBLIGATIONS OF SAID LAND; AFFIXING LAND USE DESIGNATION OF I.D (LOW DENSITY RESIDENTIAL 0-5 DU/AC) FOR SAID LAND TO THE FUTURE LAND USE MAP IN THE CITY'S COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE PLAN AMENDMENTS; PROVIDING FOR ZONING SAID LAND R-l-AAA (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Bruce J. Koeser and linda R. Koeser are the fee simple owners of a 0.88 acre parcel of land located on the west side of Barwick Road, approximately 260 feet north of the L-31 Canal (13341 Barwick Road); and WHEREAS, Bruce J. Koeser and Linda R. Koeser have requested by voluntary petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of MR-5 (Medium Residential 5-units per acre); and WHEREAS, the Advisory Future Land Use Map designation for the subject property in the City of Delray Beach, Florida, is LD (Low Density Residential 0-5 du/ac); and WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of July 15, 2002, and voted 7 to 0 to recommend that the requests be approved with an initial zoning of R-l-AAA (Single Family Residential), based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: The South 1/3 of the North 3/5 of the East 1/2 of the Southeast quarter of the Southeast quarter of the Northwest quarter of Section 12, Township 46 South, Range 42 East, Palm Beach County, Florida, less the East 40 feet for road fight- of-way. The subject property is located on the West side of Barwick Road, approximately 260 feet North of the L-31 Canal (13341 Barwick Road). Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the hnd hereinabove described shall mediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and hws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current 2 ORD NO. 35-02 requirements and conditions. Scq~i0n 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as LD (Low Density Residential 0-5 du/ac). Section 6. That the City of Delray Beach elects to make this small scale amendment by having only an adoption heating, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 7. That Chapter Two of the Land Development Regulations has been followed in establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District R-1-A_AA (Single Family Residential) as defined by existing ordinances of the City of Delray Beach. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 10. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading; as to land use and zoning, thirty-one 01) days after adoption, unless the amendment is challenged pursuant to Section 163.31870), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Depaxunent of Community Affairs, or the Admim'stration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Depaxtment of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. 3 ORD NO. 35-02 PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2002. ATFEST MAYOR City Clerk First Reading Second Reading 4 ORD NO. 35-02 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: July 15, 2002 IV.A. Future Land Use Map Amendment From County MR-5 (Medium Residential 5-units per acre) to City LD (Low Density Residential 0-5 du/ac) and Annexation With Initial Zoning of R-l-AAA (Single Family Residential) for the Koeser Residence. GENERAL DATA: East: South: West: Existing Land Use ...................... Proposed Land Use ................... Water Service ............................. Owner/Applicant/Agent ............... Bruce J. Koeser and Linda R. Koeser Location ...................................... West Side of Barwick Road, Approximately 260 Feet North of the L-31 Canal (13341 Barwick Road). Property-Size .......................... ... 0.88 Acres Existing FLUM ........................... County MR-5 (Medium Residential 5-units per acre) Proposed FLUM ......................... City LD (Low Density Residential 0-5 du/ac) Current Zoning ............................ County AR (Agricultural Residential) Proposed Zoning ........................ City R-l-AAA (Single Family Residential) Adjacent Zoning ................ North: County AR (Agricultural Residential) PRD (Planned Residential Development) County AR (Agricultural Residential) County AR (Agricultural Residential) Single Family Residence Single Family Residence Available v~a connection to an existing 12" water main along Barwick Road. Sewer Service ............................. Requires installation of a gravity system connection to existing 8" force-main along Barwick Road LAKE IDA BAPTIST CHURC. J~ ROAD ·. IV.A. The item before the Board is that of making a recommendation on a Voluntary Annexation (pursuant to Florida Statute 171.044), and a Small-Scale Future Land Use Map (FLUM) amendment from County Medium Density Residential (five dwelling units per acre) to City LD (Low Density Residential - zero to five dwelling units per acre) with an initial zoning of R-l-AAA (Single Family Residential). The subject property is located on the west side of Barwick Road, approximately 260 feet north of the L-31 Canal. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments or Rezoning of any property within the City. J The 0.88 acre property is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential) zoning designation. The property is also located within the City's Planning Area (Future Annexation Area). The site is contiguous to the municipal limits of Delray Beach on the east and the owner is seeking voluntary annexation at this time. The property contains an existing 2,677 square foot one-stow single family home constructed in 1958. Requests for Annexation, Future Land Use Map amendment and Initial Zoning have been submitted to accommodate the R-l-AAA (Single-Family Residential) zoning designation for the subject property, and are now before the Board for action. As noted above, the property contains an existing single family home. The applicant has requested the annexation, FLUM, and rezoning changes in order to obtain City services such as municipal water. The applicant has indicated that while there are no plans to redevelop the property they intend to make improvements such as adding a garage and a swimming pool. The primary use as a single family residence use will remain as it exists at this time. TURE~;~U~ND, U,SE~MAP.AMEND'M'EN~T, A, NA~L¥.$1,S :' ~ { Current and Requested Land Use Desiqnations: The current County Future Land Use Map designation for the property is Medium Density Residential (Five-Dwelling Units Per Acre). The current City "advisory" designation for this property is LD (Low Density Residential - Zero to Five Dwelling Units Per Acre). The requested Future Land Use Map change is to City LD (Low Density Residential - Zero to Five Dwelling Units Per Acre). Planning and Zoning Board Staff Report Koeser Property (13341 Barwick Road) - Annexabon, Small-Scale Future Land Use Map Amendment, and Rezoning Page 2 Florida Statutes 163.31873 - Small Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to FIodda Statutes 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: [] The amendment does not exceed 10 acres of land; The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months; That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre; The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity; and, The property that is the subject of a proposed amendment is not located within an area of critical state concern. The Future Land Use Map amendment involves a 0.88-acre area, thus the total area is less than the 10 acre maximum. The proposed amendment to LD (Low Density Residential - Zero to Five Dwelling Units Per Acre) is less than the maximum 10 dwelling unit per acre limit set for residential amendments. The property is not located within a designated redevelopment, urban infill, downtown revitalization, or traffic concurrency exception area. This amendment along with other small-scale amendments processed this year, outside the designated areas, will not exceed 60 acres. The property has not previously been considered for a land use amendment nor has the same property owner's properties, within 200 feet, been granted a land use change, within the last year. The amendment does not involve a text change to the Comprehensive Plan and it is not located within an area of critical state concern. Land Use Analysis: Pursuant to Land Development Regulations Section 3.1 .I(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. Planning and Zoning Board Staff Report Koeser Property (13341 Barwick Road) - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 3 According to the City's Comprehensive Plan, the Agricultural, Rural Residential, R-1-A through R-l-AAA (Single Family Residential), RL (Low Density - Multiple Family), PRD (Planned Residential), CF (Community Facilities), OS (Open Space) and OSR (Open Space & Recreation) zoning districts are consistent with the LD (Low Density Residential - Zero to Five Dwelling Units Per Acre) Future Land Use Map designation. The accompanying annexation and initial zoning application is seeking an R-l-AAA (Single Family Residential) zoning district. The existing single family residence is a permitted use within the R-l-AAA zoning district. The R-l-AAA zoning designation is consistent with the proposed LD FLUM designation. Consistency between the City and County Land Use Desiqnations: The proposed City Future Land Use Map designation for the property is LD (Low Density Residential - Zero to Five Dwelling Units Per Acre). The existing County Future Land Use Map designation for the property is Medium Density Residential (Five- Dwelling Units Per Acre). The City's FLUM designation is consistent with the County's Medium Density Residential designation with respect to allowable density. The City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, (and as formally amended subsequently) are deemed to be advisory until an official Future Land Use Map Amendment is processed. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: El Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis. This policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The above requirement does not apply as the FLUM amendment is associated with an annexation, and the advisory LD (Low Density 0-5 du/ac) FLUM designation is being applied. The proposed City LD FLUM designation is consistent with the County MD (Medium Density) designation. Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The proposed FLUM amendment will fulfill the following Future Land Use Element Policies: Planning and Zoning Board Staff Report Koeser Property (13341 Barwick Road) -Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 4 Future Land Use Element Policy B-3.3: "The City has petitioned Palm Beach County to make changes to its FLUM in order for there to be consistency between City and County FLUM designations within the Delray Beach Planning Area. Once consistency is achieved, the City shall petition for an interlocal agreement wherein provisions shall be made that the City's FLUM designation shall be in effect immediately upon 'annexation of a specific parcel. Following any annexation, the Future Land Use Map, and appropriate portions of the Comprehensive Plan, shall be amended to reflect the change in the City's boundaries." As noted previously, the proposed City FLUM designation of Low Density is the most similar to the County's Medium Density designation. The Planning and Zoning Department shall be responsible for updating the Future Land Use Map to reflect the boundary change and subsequent designation change. Upon annexation, it is necessary to change the FLUM designation from the County's to the City's. The proposed Low Density designation is the most appropriate given the similarity to the County's Medium Density designation with respect to allowed density. Future Land Use Element Policy B-3.2: 'l/Vater and sewer facilities shall be provided to unincorporated areas by the City, upon demand, in a manner consistent with policies of the City. The provision of water facilities shall be accompanied by an agreement to voluntarily annex upon eligibility unless the property is already eligible in which case, annexation shall precede the provision of services." The property owner has indicated they would like the option of connecting to the City's water and sewer services. Since the property is already eligible for annexation, the owner has agreed to a voluntary annexation. Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves the annexation of land that is currently developed with a single family residence. Therefore, at the time of annexation there will be no significant impact on the provision of water, sewer, drainage, streets/traffic and solid waste services. Fire, EMS and Police will shift to a different provider; however, all of these services will be equal to or better than existing services (see annexation analysis for details). If the property were redeveloped, it would be possible to construct 4 single family homes at the maximum density allowed under the LD FLUM designation (5 du/acre X 0.88 acres = 4.4 du). For maximum development purposes, a total of four single family units will be utilized. As described below, the impact on the level of service standards would be minimal: Traffic: The trip generation according to Table 10.8-3 "Fair Share Road Impact Fee Schedule", Palm Beach County Traffic Performance Standards Ordinance for single Planning and Zomng Board Staff Report Koeser Property (13341 Barwick Road) -Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 5 family homes is 10 ADT (Average Daily Trips). Therefore, the redevelopment would generate a total of 40 ADT. The net increase of only 30 ADT will not significantly impact the surrounding roadway network. Solid Waste: The Solid Waste Authority indicates that it has capacity to serve development in the County at its current LOS of 7.2 pounds per day per capita for the life of the existing landfill. The current development of the property with one single family home generates approximately 1.99 tons per year of solid waste. If the property were redeveloped with 4 single family homes, the solid waste generation would increase to approximately 7.96 tons per year. The potential additional 5.97 tons of solid waste per year generated by the redevelopment will not significantly affect the solid waste disposal LOS. Water & Sewer: Water and sewer service is currently available to the subject property. The Delray Beach Water Treatment Plant and the South Central County Waste Water Treatment Plant both have adequate capacity to serve the City at build out. Parks and Recreation: The Parks and Recreation Element of the Delray Beach Comprehensive Plan indicates that the City meets the adopted level of service for parks and recreation facilities for the ultimate build-out population of the City. This analysis indicates that the redevelopment of the subject property would have an insignificant impact on the provision of public services. Based upon the above, a positive finding with respect to concurrency can be made. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The property is surrounded by the following Future Land Use Map Designations, Zoning Designations & Land Uses: North, South and West: To the north, south and west of the subject property are existing single family residences that are under Palm Beach County jurisdiction with a County Medium Density Residential (five units per acre) Future Land Use Map designation and AR (Agricultural Residential) zoning designation. East: To the east of the subject property (across Barwick Road) is vacant property, which is located in City of Delray Beach, with a MD (Medium Density Residential - 5-12 du/acre) Future Land Use Map designation and PRD (Planned Residential Development) zoning designation. This property is part of the Sabal Lake PRD and Planning and Zoning Board Staff Report Koeser Property (13341 Barwick Road) - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 6 can be developed at approximately eight units per acre pursuant to the Master Development Plan. The surrounding properties all have residential FLUM designations. The properties to the north, south and west are predominately existing single family residences and the vacant property to the east (Sabal Lakes Phase IV) is approved for multiple family development. The proposed FLUM designation will be compatible with the surrounding area. Compliance -- Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. There is no development proposal associated with this FLUM amendment. However, any future redevelopment of the property will be required to comply with the City's Land Development Regulations at that time. Compliance of the existing development with the Development Standards for the proposed R-l-AAA zoning district is discussed later in the "Zoning Analysis" section of this report. Florida Statutes Governinq Voluntary Annexations: Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". Analysis: The property is contiguous to the City on the east (across Barwick Road) and is reasonably compact. This annexation will not create an enclave. Land Development Regulations Governinq Annexations: Pursuant to the Land Development Regulations Section 2.4.5 (C)(1) "the owner of land may seek the annexation of contiguous property, under his/her ownership" pursuant to Florida Statutes. The property owner has voluntarily petitioned for this annexation. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Designated Annexation Area: The territory to be annexed is located within designated annexation area "E" on the north side of Lake Ida Road, between Barwick Road an'd Military Trail. Annexation of the territory is consistent with Future Land Use Element Policy B-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. Planning and Zoning Board Staff Report Koeser Property (13341 Barwick Road) - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 7 CONCURRENCY: Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Element Policy B-3.1). The following is a discussion of required services and the manner in which they will be provided. Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress, which serves the South County area. The property lies within Sheriff patrol zone 4, which is bordered by El Clair Ranch Road on the west, the Atlantic Ocean on the east, Boynton Beach on the north, and Atlantic Avenue to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower, as the police currently pass the property while patrolling areas of the City to the north, south and east of the property. Fire and Emergency Services: With annexation, the property will receive an improvement in response time from the current 7 minutes of the County Fire Department (Indian Springs/Military Trail and Woolbright Road) to approximately 3 minutes for the City's Fire Department (Fire Station No. 4 at Barwick and Lake Ida Roads). The annexation of this property will not require additional manpower. Water: Municipal water service is available via connection to an existing 12" water main located along Barwick Road. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build-out. Sewer: Sewage is currently accommodated on-site via a septic system. While a 8" force main is located along the west side of Barwick Road, a connection to the City system will only be required when a gravity system is available or with future redevelopment of the property. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: The property has direct access to Barwick Road, jurisdiction of the County. The jurisdictional responsibility maintenance responsibility will not change upon annexation. which is under the and the associated Parks and Open Space: The annexation of the property, which contains a single family residence, will not create a significant impact on park and recreational facilities. Planning and Zoning Board Staff Report Koeser Property (13341 Barwick Road)- Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 8 Solid Waste: As there is no change in actual land use at this time, there will be no impact on solid waste disposal. The service provider will not change, as described later in this report. Financial Impacts: Effect Upon Annexed Property: For the 2001 tax year the subject property had an assessed value of $101,376 however, with the $25,000 homestead exemption, the taxable value will be $76,376. With the change from County to City jurisdiction, the following taxes and rates will be affected: Ad Valorem Taxes Fire/Rescue MSTU Library City of Delray Beach City of Delray Beach Debt Millage With Annexation 3.05 Deleted (County) 0.5403 Deleted (County) 7.37 Added (City) 0.63 Added (City) 4.4097 Difference* · Total tax millage in the County is 19.9292 mills while in the City the total millage rate is 24.3389 mills. The current yearly ad valorem taxes are $1522.11. With annexation the yeady ad valorem taxes will be $1,858.90 tax difference of $336.79. In addition to property taxes, the following Non Ad Valorem assessments apply: Delray Beach Storm Water Utility - This equates to $40.50, based on the 25% discount from the assessment because the subject property is located within the Lake Worth Drainage District. Solid Waste Authority - The Barwick Road annexation areas are serviced by BFI, and the City's contract is currently through BFI (Browning-Ferris Industries). Therefore, the waste service provider will remain with BFI upon annexation. Planning and Zoning Board Staff Report Koeser Property (13341 Barw~ck Road) -Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 9 Resulting Impacts to Property Owner: FINANCIAL CONSIDERATIONS: AD VALOREM TAXES (Change from 01/02 County of 19. 9292 to City 01/02 rate 24.9389 mills (4.4097) +336.79 NON AD VALOREM Stormwater Assessment +$40.50 WATER UTILITY FEE +$117.72 (Base fees only, additional fees are based on usage $1.20 per 1,000 gallons for water. (Sewer fees are not including as sewer connection is not being made at this time) ANNUAL FINANCIAL IMPACT: +$495.01 SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from (estimated time) 7.0 minutes (County) to 3 minutes (City) EMS + Faster response time from (estimated time) 7.0 minutes (County) to 3 minutes (City) POLICE + Better response based upon more officers in field. CODE ENFORCEMENT + Pro-active vs. reactive opportunity to work with property owners Fiscal Impacts to the City: At the 2001/2002 City operating millage rate of 7.37 mills and debt rate of 0.63 mills, the property will generate approximately $611.00 in new ad valorem taxes per year. With future development, additional revenues will be realized Planning and Zoning Board Staff Report Koeser Property (13341 Barwick Road)- Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 10 through increased assessment value, building permit fees, the annual collection of the stormwater assessment fee. Additional revenue will be realized with the reassignment of the following fees from County to City: utility taxes [9.7% electric (with a residential exemption for 1st 90 kilowatt hrs.); 5.22% telecommunications (telephone and cable); 8.7% gas]; and, franchise fees on electric and gas. The proposed City zoning designation is R-l-AAA (Single Family Residential district) while the current County zoning designation is AR (Agricultural Residential). The zoning designations of the surrounding properties are identified in the Future Land Use Map Amendment Analysis section of this report. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas: Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment and Annexation Analysis" sections of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below: Section 3.2.1 (Basis for Determininq Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoninq Actions): Standard A, B, C and E are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 is as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Planning and Zoning Board Staff Report Koeser Property (13341 Barwick Road) - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 11 The allowed uses in the R-l-AAA zoning district (single family homes and accessory structures) are compatible with the surrounding residential development. Section 2.4.5(D)(5) (Rezonin_¢l Findin_clS): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more al3~3ro~3riate for the property based upon circumstances particular to the site and/or neighborhood. Item "c" is the basis for which the rezoning should be granted. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach reserve annexation area. The applicant is applying for annexation of this property into the City and the annexation requires that an appropriate City zoning designation be applied. The requested R-l-AAA is of similar intensity as that allowed under the proposed City LD (Low Density Residential - Zero to Five Dwelling Units Per Acre) FLUM designation and is consistent with the surrounding residential zoning and the existing development of the property. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. As noted previously, the property contains an existing single family residence. The existing development was reviewed for compliance with the development standards for the proposed R-l-AAA zoning district. The lot and existing structures meet or exceed all the development standards for proposed zoning district. There is no development proposal associated with the annexation request. Any future development will be required to comply with all Land Development Regulations. Therefore, a positive finding can be made with respect to future compliance with the Land Development Regulations. The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Planning and Zoning Board Staff Report Koeser Property (13341 Barwick Road) -Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 12 Palm Beach County Notice: On June 16, 2002, the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date, a response has not been received. IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: Progressive Residents of Delray Sabal Lake President's Council Country Manor Barwick Ranch United Property Owners Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its Planning and Service Area. The requested LD (Low Density Residential - Zero to Five Dwelling Units Per Acre) Future Land Use Map designation is Iow intensity. The application of an initial zoning designation of R-l-AAA is consistent with the proposed FLUM designation. The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services. The property will experience an increase in ad valorem taxes. The City will receive an additional $611.00 in revenue from property taxes, in addition to fees from stormwater assessment fees, utility taxes, and franchise fees. Continue with direction. Recommend approval of the Annexation, Small-Scale Future Land Use Map amendment from County Medium Density Residential (Five Dwelling Units Per Planning and Zoning Board Staff Report Koeser Property (13341 Barwick Road) - Annexation, Small-Scale Future Land Use Map Amendment, and Rezoning Page 13 Acre) to City LD (Low Density Residential - Zero to Five Dwelling Units Per Acre) and zoning designation of R-l-AAA (Single Family Residential District) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and the following: That the property is contiguous, reasonably compact and does not create an enclave; and, That services will be provided to the property in a manner similar to other similar properties within the City. Recommend denial of the Annexation, Small-Scale Future Land Use Map amendment from County Medium Density Residential (Five Dwelling Units Per Acre) to LD (Low Density Residential - Zero to Five Dwelling Units Per Acre) and zoning designation of R-l-AAA (Single Family Residential District), with the basis stated. Recommend approval of the Annexation, Small-Scale Future Land Use Map amendment from County Medium Density Residential (Five Dwelling Units Per Acre) to LD (Low Density Residential - Zero to Five Dwelling Units Per Acre) and zoning designation of R-l-AAA (Single Family Residential District) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and the following: That the property is contiguous, reasonably compact and does not create an enclave; and, That services will be provided to the property in a manner similar to other similar properties within the City. Attachments: Location/Existing Zoning Map Existing Future Land Use Map Survey This Report prepared by: Jasmin Allen, Planner P~i ~ L iO ~"~ I~'E ~'~ ' ~'~- --'~ -~- ""~ ~ ~'~ ' ' ~ ~CF's~c'~ ' I '~ ~ ~ ~""'~"~V~ i ~ ~ ~ ~A DELRAY ~ ~~ LAKE IDA ROAD ~ /,i~ ~t IL CITY OF DELRAY BEACH, FL PLANNING x, ZONING DEPARTMENT KOESER PROPERTY FUTURE LAND USE MAP AMENDMENT FROM' COUNTY MR-5 (MEDIUM DENSITY RESIDENTIAL - 5 UNITS PER ACRE) TO: CITY LD (LOW DENSITY RESIDENTIAL, 0-5 UNITS PER ACRE) ---- D/GII"A/. ~4SE /gAP SYSTEM -- MAP REF LM623 CITY OF DELRAY BEACH, FL PLANNING & ZONING; DEPARTMENT KOESER PROPERTY REZONING FROM: COUNTY AR (AGRICULTURAL RESIDENTIAL) TO: CITY R-l-AAA (SINGLE FAMILY RESIDENTIAL) ---- DIGITAL BA$£ MAP SY~7'EM -- MAP REF LM62.3 LEGEND SU~--'~'F- PR~PERTY'S~O-WN HEREON IS LO~ATED IN- FEDERAL INSURANCE ADMINISTRATION DESIGNATED FLOOD HAZARD AREA, FLOOD ZONE AS PER THE NATIONAL FLOOD INSURANCE RATE MAP, COMMUNiTYPAN=:LNo ~. ~1 q~ 02~ = DAT~-D CY'"'P~R-.'~ 't r~ ,1.c ~ American Land Surveying, Inc. THE. SOUTH 1,'3 OF THE NDRTH 3/5 OF THE EAST ~, ,'2 OF $OLh%IOAST QUARTER OF THE SC~Y2HEA.qT QUARTER OF THE QUARTFiQ OF SECTICE; '-2, TOWNSHIP 46 SOUT'H, RANGE 42 '.'.;,ST., PAI iBF. ACR CiJ3N~'~I~i, FLD:qiDA, LESS THE E,~qT 40 FE,~? FDR ROAD RtG~ :OF APRIL 9, 2002 *ooa~s~ i~.~4, i BAR;~/CK READ DELRAY BEACH, FL 0406902 ~ ~oo, ,,~ T.P. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS AGENDA ITEM $$ I ~) ORDINANCE NO. 2t4-02 POLICIES AND BENEFITS") - REGULAR MEETING OF AUGUST 20; 2002 (AMENDING CHAPTER 35 "EMPLOYEE AUGUST 16, 2002 This ordinance is before Commission for second reading and public hearing to amend Chapter 35 "Employee Policies and Benefits" of the Code of Ordinances by enacting Section 35.056, "Designation of Personnel as Critical to Security". The Police, Management Information Systems, and Fire Depaxtments have been designated as critical to the security of the City. Ordinance No. 34-02 provides for the fingerprinting and national/statewide background checks of the existing employees and new applicants of the Police and Management Information Systems (MIS) departments. This ordinance exempts existing Fire-Rescue Depasu~xent employees, but applies to new applicants when state and national laws are insufficient to fulfill the City's security requirements. At the first reading on August 6, 2002, the Commission passed the Ordinance No. 34-02 unanimously. Recommend approval of Ordinance No. 34-02 on second and final reading. S:\City Clerk\chevelle folder\agenda memo. Ord 34.02Employee. O8.20.O2.doc [lTV OF I)ELR;I¥ BEIIgH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: MEMORANDUM July 15, 2002 City Commission David T. Harden, City Maaager Terrill C. Pyburn, Assistant City Attorney Proposed Security Ordinance Writer's Direct Line 561/243-7090 Please disregard all prior proposed security ordinances. This proposed ordinance will allow the City to run background checks and take the fingerprints of personnel that are designated as critical to security. The ordinance will apply to Police and MIS employees and applicants. The ordinance will also apply to the Fire-Rescue Department to the extent that it will exempt existing Fire-Rescue Department employees but may apply prospectively to new applicants where State and National laws are insufficient to fulfill the City's security requirements. Please place this matter on the August 6, 2002 City Commission Agenda for consideration. Please let me know if you have any questions. Thank you. CCi Barbara Garito, City Clerk Joe Safford, Director of Finance Kerry Koen, Fire Chief Jim Tabeek, Fire Inspector Lieutenant ORDINANCE NO. 34-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DEI.RAY BEACH, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", BY ENACTING SECTION 35.056, "DESIGNATION OF PERSONNEL AS CRITICAL TO SECURITY", TO PROVIDE FOR FINGERPRINTING AND BACKGROUND CHECKS FOR CERTAIN EMPLOYMENT APPLICANTS AND EMPLOYEES FOR THOSE DEPARTMENTS WHICH ARE DESIGNATED AS CRITICAL TO SECURITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, there are certain employment positions which are designated as critical to the security of the City; and WHEREAS, the City Commission has determined it to be in the public's best interest to subject both the employees and applicants of these designated positions to fingerprinting and background checks in order to ensure safety and security. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DE!,RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Tire III, "Administration", Chapter 35, "Employee Policies and Benefits", of the Code of Ordinances of the City of Delray Beach, is hereby amended by enacting Section 35.056, "Designation of Personnel as Critical to Security" to read as follows: Section 35.056 DE$IGNATION OF PERSONNEL AS CRITICAL TO SECURITY. (A) All departments des'_Lvnated herein as critical to security, shall require that any person appl.ving for. or continuing employment in, any such depa~unent or in any such facility, which is decided to be critical to security, shall be fingerprinted. The fingerprints shall be submitted to the Department of Law Enforcement for a state criminal history. record check and to the Federal Bureau of Invesfi~tion for a national criminal history. record check. The information obtained from the criminal history record checks conducted pursuant to the ordinance may be used by the City. to determine an applicant's eligifbility for emplo.vment or appointment and may determine the employee's eliobility for continued employment. Refusal to submit to fingerprinting and back~ound checks may result in discipline up to and including termination of already existing empl0y¢¢s or a decision not to hire new applicants. (1) Employees from the following divisions and departments are hereby designated as critical to security, and thus all applicants and employees of the following departments and divisions shall be subjected to fingerprinting and background checks: Police (b) Mana~ment Information Sy~tcm~ Fire-Rescue (i) Exemptions: Fire F~hters. Fire Fightcg Candidates. and Paramedics shall be governed by applicable fingerprint gcqtfirements as established by chapters 401 and 633 of the Flori¢ta Statutes and/or other administrative rules attendant thereto: and with respect to new applicants. they may be subjected to administrative background investigations in addition to county., state and national criminal history checks which are now or may be established in the furore by the Fire-Rescue Department. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. 2 ORD. NO. 34-02 PASSED AND ADOPTED in regal!ar session on second and final reading on this the day of ., 2002. ATrEST MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 34-02 MEMORANDUM DATE: August9,2002 TO: FROM: David Harden, City Manager Lula Butler, Director, Community Improvement RE: First Reading of Ordinance No. 37-02, Amending Section 110.15 of the City's Code of Ordinance Increasing Occupational License Fees ITEM BEFORE THE COMMISSION: First reading of Ordinance Cf 37-02 amending Section 110.15 of Chapter 110 the City's Code of Ordinance governing the requirement for Occupational Licenses and assessed fees. The amendment provides for an across-the-board 5% increase in the individual license tax paid to the City by the persons engaging, managing or transacting an occupation or profession annually. BACKGROUND: The State Legislature amended Chapter 205 of the Florida State Statutes by the passing of SB 364 in 1993. The amendments to Chapter 205 established authority for governments to increase licenses taxes every other year by up to 5%. The Occupational License fees currently in effect were adopted by this Ordinance in 1995. This is the second increase in the approved fees since the passing of SB 364. The first fee increase of 4% was adopted August 4, 1998. Staff is recommending a 5% increase in all individual fees as amended under Ordinance 37-02. A majority of the classifications are assessed a flat fee of $130.00, which will be increased to $136.00. All exceptions are detailed under Section 110.15. RECOMMENDATION: Staff is recommending that the City Commission adopt Ordinance 37-02, amending Section 110.15 of the Code of Ordinance, providing for a 5% increase in all Occupational License Fees effective October 1, 2002. The Ordinance should be made effective immediately to coincide with the City's renewal notice and process. ORDINANCE NO. 37-O2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, "~ATIONAL LICENSES GENERALLY", SECTION 110.15, "LICENSE TAX SCI-IEDULE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACt-I, TO PROVIDE FOR AN INCREASE IN ~ATIONAL LICENSE FEES: PROVIDING A GENERAL REPEALER CI.AUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Chapter 110, "Occupational Licenses Generally", Section 110.15. "License tax Schedule", of the City Code establishes the individual license tax required to be paid annually to the City by persons engaging in or managing or transacting an occupation or profession; and WHEREAS, pursuant to Chapter 205, Florida Statutes, the City Commission has determined it to be appropriate to increase said occupational license fees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title XI, "Business Regulations", Chapter 110, "Occupational Licenses Generally", Section 110.15, "License Tax Schedule", of the Code of Ordinances of the City of DelrayBeach, Florida, be, and the same is hereby amended to read as follows: Section 110.15 LICENSE TAX SCHEDULE. The following enumerated individual license tax shall be paid to the City by the persons engaging in or managing or transacting the several occupations or professions named yearly, unless otherwise specified: Classification All Fees $130.00 $136.00, except as noted ABSTRACTING Land title, warranty or security company. Each ~dividual conducting the business of abstracting title, either in part or in whole, shall pay a license tax. ACADEMY OF MUSIC ADULT ENTERTAINMENT ADVERTISING Agencies, firms, associations, corporations or other persons distributing circulars, pamphlets or other adverting matter, except local merchants and theaters advertising in this way their own goods and merchandise, shall pay an annual license tax. ADVERTISING Agencies engaged in the business of bill posting shall pay a license tax, per year. ADVERTISING OFFICE, PUBLIC RELATIONS ALLEYS, BOWLING, BOXBALL OR TENPINS Each lane $ 20.S0 $21.90 AMBULANCES Separate from undertaking, each ¢ 7") O~ $76.50 AMUSEMENT PARLORS OR CONCERT HALLS APARTMENT, ROOMING HOUSES Per room, excluding kitchen & bathrooms $ 5.20 $5.50 AQUARIUM ARMORED CAR SERVICE Each vehicle $76.50 ART GALLERY (2) (3) (4) Art studio, workshop, classes Artist, commercial Artist material or supplies (SEE MERCHANTS) Artist's outdoor sale: Each sale, first day $ 31.20 Each day thereafter $ !0A 0 $32.80 $11.00 ASTROLOGIST, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS These activities and others of a similar nature, whether or not in connection with another business, charging fees, shall pay a license tax. ATHLETIC CLUB, GYMNASIUM (Zonin AUCTIONEERS 2 Ordinance No. 37-02 AUCTIONS AUCTION, REAL ESTATE Per day AUTOMATIC AMUSEMENT MACHINE S, GAME S OR DEVICES, DISTRIBUTOR Annual fee Note: It is understood that this shall not be construed to license or permit operation or display of gambling devices. AUTOMATIC GAMES AND DEVICES Or otherwise, marble games, such as throwing balls at figures and the like, which are not elsewhere provided for in this chapter. Each machine or apparatus $ 52.00 $ 54.60 AUTOMATIC TRADE MACHINES Where only incentive to operate same is to procure such a gum, nuts and like Each machine $ 31.20 $ 32.80 Distributor $130.00 $136.00 AUTOMATIC WE IGHING MACHINE S DISTRIBUTOR Each machine $10/,0 $11.00 AUTOMOBILE OR MOTOR VEHICLES, TRUCKS, FARM TRACTORS AND FARM IMPLEMENTS, MOTORCYCLES (1) Auto agency or dealer, in new or used cars, motor vehicles, motorcycles, tracks, farm (2) 0) tractors and farm implements, with one principal place of business, not to exceed one lot for display purposes, each agency, not to include repairs. Each additional display lot. not to exceed 30 days as replacement for vehicles undergoing Rental of vehicle repairs by agency. AUTOMOBILE (3) (4) Automatic car wash, not in connection with other business Automobile association (See INSURANCE) Driving school Parking lots, commercial, each lot 3 Ordinance No. 37-02 (5) (6) (7) (8) (9) (10) (11) (12) AUTOMOBILE SERVICE STATION Washing and polishing, greasing, Repair shop or garage, in connection with auto agency Repair shop or garage not in connection with other business Self-serve car wash, first unit $ ~, I.~0 $ 43.70 Each additional unit ,e ~v.~ A~,v $11.00 U-Drive rentals Upholstering tops, seat covers and the like Automobile used parts, dealers in, used for purposed other than junk Wrecker service, towing Auto detailing lubrication and like servicing of automobiles, selling gasoline and oil, but not include repair work and not include the sale of merchandise required to be licensed otherwise by ordinance under MERCHANTS. AUTOMOBILE SERVICE STATION Selling merchandise other than petroleum products used in greasing and lubrication shall pay the MERCHANTS license on other merchandise in addition to the foregoing. BABY SITTER SERVICE ¢ to ar~ $ 65 60 BAGGAGE OR FREIGHT TRANSFER COMPANY BAKERY Wholesale and retail, each store BALL ROOMS FOR PROFIT BANKS (National and State chartered) SAVINGS AND LOAN ASSOCIATIONS (per Section 5219 Revised Statutes 12 U.S.C~ 548) BANKRUPTCY, CLOSING OUT, TRUSTEE SALE (See FIRST SALE) BARBER SHOPS 4 Ordinance No. 37-02 BEACH EQUIPMENT (Subject to bids to the Commission) BEAUTY SHOPS BIBLE, HOLY- SOLICITORS BICYCLE SHOP, both retail and repair BILLIARD, POOL OR BAGATELLE TABLES For profit, each table BIRDS Dealers BLUEPRINTING SERVICE Maps, plats and the like BOAT AGENCIES, NEW/USED Each lot, not to include repairs BOATS FOR HIRE Fishing, cruising or sightseeing (each boat) BOAT HOUSES Storage only BOAT MARINAS, DOCKAGE, YACHT BASINS BOAT REPAIR BOILER, MACHINE SHOPS OR FOUNDRIES BONDSMAN, BAIL BONDS BOOK MAGAZINE SOLICITORS Per week Per person Interstate commerce No fee BOOKKEEPER/ACCOUNTANT, not C.P.A BOOT AND SHOE REPAIR SHOP $ 54.60 $ 54.60 $ 21.90 5 Ordinance No. 37-02 BOTTLING WORKS BROKERS Stocks, bonds, mortgages, customs and others BUILDING INSPECTOR BUILDING AND LOAN ASSOCIATIONS (See BANKS) BURGLAR ALARM COMPANY BUS STATION, intrastate business only BUSINESS COLLEGE, TRADE SCHOOLS BUSINESS OFFICE BUTCHER SHOP CABINET SHOP CARPET AND RUG CLEANING Each location CATERERS Fixed base or mobile, each truck $ 52.00 CERAMIC STUDIO CHEMICAL COMPANIES CHRISTMAS TREE SALES Season only, each lot CITRUS FRUITS AND VEGETABLE RETAIL (See MERCHANT) CLAIM AND COLLECTING AGENCIES CLEANING, PRE SSING, DYE ING (See LAUNDRIE S) CLOTHING Secondhand dealers $ 54.60 6 Ordinance No. 37-02 COLD DRINK STAND (See MERCHANT) COLD STORAGE AIl types COMMISSION MERCHANTS Handling shipments (other than specifically provided for herein) on commission basis COMPUTER SERVICE CONCRETE PRODUCTS (See MANUFACTURER) CONCRETE READY-MIX PLANT CONTRACTORS (1) General Engineering contractor (includes bridge, bulkheading, drainage, excavating, sewer construction, dredging, irrigation systems, pile driving, seawalls, sidewalk, street grading and paving and similar contract work) O) Structural and reinforced iron and steel (4) Subcomractors and others as listed: a. Concrete, stone, brick b. Electrical c. Heating and ventilating d. House movers Masons f. Plasterers g. Roofing h. Sheet metal and tinsmith i. Septic tank j. Tide lc Well drilling 1. Floor sanding and finishing m. Lathers n. Plumbers Any person who shall accept orders to be engaged in the business of accepting orders or contracts on cost plus, fixed fee, stated sum, percentage basis or any combination thereof, or for compensation other than wages for doing work on or in 7 Ordinance No. 37-02 any building or structure requiring the use of paint, stone, brick, mortar, cement, wood, structural steel or iron, sheet iron metallic piping, tin, lead or any other building material; or to do any paving or curbing on sidewalks or streets, on public or private property, using asphalt, brick, stone, cement or wood or any combination; or to excavate for foundations or any other purpose, or to construct sewers, septic tanks, docks, drive piling, construct bridges, construct seawalls and bulkheads of any and all description; and who is engaged in the business of building, remodeling, repairing, razing or moving, whether k be by contract, fixed fee or sublet, percemage or any combination thereof, or for compensation other than wages, shall be deemed to be a contractor within the meaning of this chapter. CONVALESCENT HOME (Not SANITARIUM) Chapter 400, Florida Statutes, zoning, State Services regulations. Departmem of Health and Rehabilitative COSTUME, CLOTHING RENTAL CREDIT BUREAUS DAIRIES (Milk distributors, jobbers or creameries delivering milk) Each truck ,~ v, o~ $ 76.50 DANCE HALLS DANCING SCHOOLS DATA PROCESSING (See PROFESSIONAL) DEALERS IN SECONDHAND FIREARMS This license shall be exclusive of all other license taxes. All secondhand dealers shall keep a permanent record of all purchases and sales, including dates, description of property purchased or sold, names and addresses of persons purchasing or selling them. DELICATESSEN DENTAL SUPPLIES DENTAL TECHNICIAN LABORATORY DEPARTMENT STORES (See MERCHANTS) DETECTIVE AGENCY Each location (State certificate) 8 Ordinance No. 37-02 DISTRIBUTOR DOG AND PET GROOMING Sale o£ supplies, (See MERCHANTS) DRESSMAKING, HEMSTITCHING (No stock carried) DRUGS, retail dealer (See MERCHANTS) DRY CLEANING (See LAUNDRIES) ELECTRIC LIGHT AND POWER COMPANIES EMIGRANT AGENTS Including any agem, solicitor or recruiter engaged in the business o£ hiring, enticing or soliciting laborers or emigrants. EMPLOYMENT AGENCIES ENGRAVERS OR LITHOGRAPHERS EXPORT OR IMPORT COMPANIES E XPRE SS COMPANIES (Intrastate onl~ EXTERMINATORS (State certificate) FERTILIZER MANUFACTURERS - MIXING PLANT FIRE E XTINGUISHE R SALE S, SE RVICE FIRE AND WRECK SALES (When not conducted by bona fide business concerns previously established and doing business in the City), of undamaged goods of that firm having damage by fire or wreck, each sale. FISH AND POULTRY MARKET FISH PEDDLER (See PEDDLERS OF MERCHANDISE) FISHING TACKLE (See MERCHANTS) FLORISTS OR DEALERS IN FLOWERS, Each 9 Ordinance No. 37-02 FOOD LOCKERS - COLD STORAGE FRUIT, VEGETABLE STAND FUMIGATING (See EXTERMINATORS) FURNITURE AND HOUSE FURNISHING (See MERCHANTS) GAS COMPANIES (1) Distributing and selling gas (2) Selling bottled gas (3) Gas tank wagon delivery only GASOLINE AND OIL DISTRIBUTORS Wholesale, storage facilities in the City of Delray Beach GOLF COURSES, Each GOLF DRIVING RANGE, Each GOLF, MINIATURE, Each GUARANTY OR SURETY TITLE COMPANIES GUARD, PATROL SERVICE (See DETECTIVE AGENCY) GUNS, sales or repair Need Federal firearms dealers license HARNESS AND SADDLERY (See MERCHANTS) HOME ~ATION HOSPITAL, SANITARIUM HOTELS Per room, excluding kitchens and bathrooms.¢ ~...~. ~ o~ HYPNOTISTS Must meet requirement set forth in Florida Statutes Chapter 456 ICE CREAM MANUFACTURERS ICE CREAM PARLORS $ 5.50 10 Ordinance No. 37-02 ICE CREAM WAGON OR TRUCK, Each $10~,.00 $109.20 ICE MANUFACTURING OR STORAGE INSECTICIDE Manufacturers or dealers INSTALLERS, CARPETS INSURANCE ADJUSTERS INSURANCE AGENCY For each company represented INSURANCE Baggage, each company represented INSURANCE Casualty, life, hospitalization, industrial, burial, bonding and surety companies, each IMPORT, EXPORT (SEE EXPORT) INTE RI OR DE CORATOR INVALID AND HOSPITAL SUPPLIES JEWELRY Dealers buying and selling old gold, silver and other precious metals, or offer to buy and sell (permanent records of all purchases and sales, including dates, description of property purchased and sold, names and addresses of persons purchasing or selling required). JEWELRY REPAIR JEWELRY STORE (See MERCHANTS) JUNK SHOPS OR DEALERS License required whether or not sale or purchase or both, or solicitations are made. KENNELS, ANIMAL (Approved location) KEY SHOP, LOCKSMITH AND ASSOCIATED SERVICES (See MERCHANTS) KNIFE, SCISSORS AND TOOL SHARPENER 11 Ordinance No. 37-02 LANDSCAPE COMPANY LAUNDRY OR DRY CLEANING PLANT Agent for out of town laundries Local agency, permanent office Self Serve LAWN MAINTENANCE LAWN SPRAYING Stare Board of Health certificate LINEN OR DIAPER SERVICE LOAN, FINANCE, MORTGAGE COMPANY LUMBER DEALERS LUNCH STANDS, Not over 25 chairs MACHINE SHOPS (Not automobile) MAIL ORDER BUSINE SS MAINTENANCE (Floor, home, office, building) MANICURIST, Each ~,~ ~'~v.-. Ar~,.. MANUFACTURER MARBLE AND GRANITE WORKS MASSAGE SALON MASSEUR, MASSEUSE Each e ~ A~ MEATS (See BUTCHER SHOP) MERCHANDISE, Secondhand (See SECONDHAND DEALERS) MERCHANTS, DRUGGISTS AND STOREKEEPERS MESSENGER SERVICE (Exclusive of telegrams) 12 $ 65.60 $ 65.60 Ordinance No. 37-02 MIMEOGRAPH AND LETTER SHOP MONUMENTS AND TOMBSTONES MOTION PICTURE THEATERS Giving performances of moving pictures or other forms of entertainment MOVERS (See STORAGE) MOVING COMPANY MUSICAL DEVICES Operator of mechanically operated (whether operated in connection with or separate from any other business). License or tag must be displayed on each machine. MUSICAL DEVICES, Distributor MUSIC TE ACHE RS NAILS, ACRYLIC SHOPS (State certificate) NEWSPAPER PUBLISHER NEWS COMPANIES, Owners or managers of NEWSSTANDS Owners or managers of, where daily and weekly newspapers or magazines, postcards and the like are sold. NIGHT CLUBS Restaurants, dining rooms or other establishments, whether floor show or other form of entertainment, exclusive of orchestra, is provided for guests. NOVELTY WORKS (See MANUFACTURER) NURSERY Shrubs, trees, plants or landscaping. NURSING HOME (See CONVALESCENT HOME) OFFICE MACHINE REPAIRS (See REPAIR SHOP) 13 Ordinance No. 37-02 OIL (SEE GASOLINE) PAINT MANUFACTURER (See MANUFACTURER) PARCEL DELIVERY Each vehicle ¢ ~, an $ 65 60 PAWNBROKERS PEDDLERS OF MERCHANDISE (1) Not otherwise enumerated specifically herein, shall pay a license tax per day of, each person ¢.. ~.v..,..*r~ o~ $ 21.90 Peddlers who are not producers of the product they sell and who peddle from house to house the products of the farm, grove or waters, shall pay a license tax per day of, each person,~¢ ~-v.v..*~ o~ $ 21.90 (3) Peddlers, hawkers or vendors engaged in the occupation of selling products such as fnfit, eggs and vegetables and farm products from wagon, push cart or other vehicle, shall pay of license tax of, each vehicle $130.00 $136.00 (4) Peddlers, hawkers, vendors, agents or solicitors soliciting business for out-of-town business houses or enterprises not maintaining phce of business in City, providing however, that this provision does not apply to wholesalers dealing exclusively with retailers~,~.,,,.,,,,¢4 ~r~ ~ $136.00 (5) Traveling stores, dry goods, groceries, clothing, boots and shoes ¢4 ~ ,~,~ $136 00 PET SHOP OR GROOMING (See DOG AND PET GROOMING) PHOTO PROCESSING, FILM DEVELOPING PHOTOGRAPHERS PIANO TUNE RS PICTURE AGENTS PLATING WITH METALS PORTABLE TOILETS 14 Ordinance No. 37-02 POSTCARD STANDS, only PRINT SHOP OR PUBLISHING PRIVATE POSTAL MAILBOX PRIVATE SCHOOLS (See SCHOOLS) PROFESSIONAL (1) The following practitioners are classed as professional, and each person engaged in the practice of this profession other than persons receiving only a salary or wage by a licensed practitioner in this City, is required to take out a professional license: a. Accountants and auditors b. Architects c. Architects, landscaping d. Attorneys and lawyers e. Business consultant f. Chemists g. Chiropractors h. Chiropodists i. Data processing j. Dentist Draftsman 1. Engineers, civil, consulting m. Interior Design n. Opticians o. Optometrists p. Osteopathic physicians q. Physicians r. Psychiatrists s. Research hboratory or office, for profit t. Surgeons u. Tax consultant v. Veterinarians or veterinary w. Other professions not classified (2) For each person operating with the person licensed in the preceding chuse, other than the professional employees. PROPERTY MANAGE ME NT PROMOTERS Entertainment, sports or contests 15 Ordinance No. 37-02 PUBLIC HALL FOR HIRE PUBLIC STENOGRAPHER PUBLISHING COMPANY Books, directories and the like RADIO COMMUNICATIONS RADIO REPAIR SHOP (See REPAIR SHOPS) RAILROAD COMPANIES, Each REAL ESTATE AGENCY OR BROKER RE CORDING STUDIO REDUCING SALON RENTAL EQUIPMENT, All types REPAIR SHOPS, Each REPAIR FROM TRUCK OR OTHER VEHICLE RESTAURANTS (If dancing permitted, See NIGHT CLUBS) Cafes and public eating places (whether food is serced in connection with or separate from other business, except dining rooms in connection with hotels). RETIREMENT, REST HOME (See CONVALESCENT HOME) RINKS, bicycle, skating or other ROOF TRUSSES (See MANUFACTURER) SAWMILL YARD SCHOOLS SE CONDHAND DE ALE RS (1) In goods, wares and merchandise, dealers exclusive of firearms. (See DEALERS AND SECONDHAND CLOTHING). 16 secondhand or otherwise, known as secondhand IN SECONDHAND FIREARMS Ordinance No. 37-02 (2) All secondhand dealers shall keep a permanem record of all purchases and sales, including dates, description of property purchased and sold, names and addresses of persons purchasing or selling them. (3) However, this business shall be adequately housed inside a substantial store building and provided that before any person shall sell or be engaged in the business of selling goods, wares, merchandise or other personal property, the sales being advertised as bankrupt, insolvent, insurance assignee, trustee, auction, syndicate, railroad or other wreck, wholesale, manufacturer's or closeout sale, or as goods damaged by smoke, fire, water or otherwise, the person shall file an application with the Commission, which application shall be passed bythe Commission and a license tax paid. SECRETARIAL SERVICE SEED STORES, wholesale and retail (See MERCHANTS) SHIP BROKERS SHOEMAKER AND REPAIRS SHOOTING GALLERY SIGN PAINTERS Commercial but not erecting SODA OR MINERAL WATER FOUNTAINS SOLICITOR (See PEDDLERS OF MERCHANDISE) SPORTING GOODS (See MERCHANTS) STAMP OR OLD COIN DEALERS STORAGE WAREHOUSE OR ROOM TAILORS TANNING SALON TATTOO SALON TAX AGENCY (See PROFESSIONAL) 17 Ordinance No. 37-02 TAXIDERMIST, or agents for In addition to other license TAXIS First vehicle Each additional vehicle TE LE GRAPH COMPANIES TELEMARKETING TELEPHONE ANSWERING SERVICE TELEPHONE SOLICITATION (See Sections 118.40 through 118.45) TELEPHONE SYSTEMS AND COMPANIES Intrastate business only TEMPORARY BUSINESS LICENSES ¢~nA nn $109 20 $ 52.~ $ 54.60 (1) Business temporarily located inside enclosed shopping mall; 30 days only (no extensions) g6-2~ $ 65.60 (2) 0) Special events, no more than once annually (if under three days), as approved by Commission (each license, not otherwise enumerated herein). No Fee Special events, no more than once annually (in excess of three days), as approved by Commission (each license, not otherwise enumerated herein) ~ $ 65.60 TEMPORARY HOLIDAY/VENDORS $-6Z-40 $ 65.60 TERMITE CONTROL COMPANIES THEATRICAL DIRECTORS Who charge for services in directing local talent phys or performances, each performance. TOWEL, DIAPER, UNIFORM SUPPLY COMPANY TOWING SERVICE (See AUTOMOBILE) TRADE SCHOOLS 18 Ordinance No. 37-02 TRADING STAMP COMPANIES TRAILER PARK TRAILER, TRUCK RENTAL TRAVEL BUREAUS TREE PRUNER (Must have insurance) TRUCKS Motor driven, also doing freight transportation, hauling or transfer business for profit, except where other licenses are paid in conducting business, each. (Does not apply to trucks owned by the city, county or state). U-DRIVE-IT CARS (See AUTOMOBILE) UNDERTAKERS, EMBALMERS AND FUNERAL DIRECTORS UNIFORM SUPPLY (See TOWEL, DIAPER, UNIFORM SUPPLY COMPANY) UPHOLSTERER VENDING MACHINES (See AUTOMATIC TRADE MACHINES) VENETIAN BLINDS Repair, installation and associated services VALCANIZING Each place of business WATCH REPAIR WATER, sold in bottles (See BOTTLING WORKS) WATER COMPANIES Persons operating same WATER SOFTENING SE RVICE WEIGHT CLINIC WEIGHING MACHINES (See AUTOMATIC TRADE MACHINES) 19 Ordinance No. 37-02 WHEELCHAIR RENTAL (See INVALID) WINDOW CLEANING WINDOW TINTING WOOD YARD WRECKER SERVICE (See AUTOMOBILE) Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That the occupational license tax increases enumerated in Section 1, above, shall become effective October 1, 2002. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2002. MAYOR ATIEST: City Clerk First Reading Second Reading 20 Ordinance No. 37-02 Date: August 13, 2002 Agenda Item No. AGENDA REQUEST Agenda request to be placed on: X Regular When: August 20, 2002 Description of Agenda Item: __ Special __ Workshop __ Consent Increasing Occupational License Fees - Amending Section 110.15 of the Code of Ordinances Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: ,~.~~ City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda: ~/ff/No~ ] Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved CITY COMMISSION CITY OF DELRAY BEACH~ FLORIDA REGULAR MEETING - AUGUST 20~ 2002 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEMS TO: CONSENT AGENDA: LEASE AGREEMENT/PALM BEACH COUNTY: Approve a lease agreement between the City of Delray Beach and Palm Beach County School District for thc District One (1) Substation at Atlantic High School REGULAR AGENDA: CANCELLATION OF CONTRACT/LUXURY LIMOUSINE: Consider authorizing the cancellation of contract with Luxury Limousine Service Inc. for bus rental and driver service for Parks and Recreation and approve an emergency purchase order to Florida Network Tours in the amount of $7,170.00 for the remainder of the contract. OPTIONAL ITEMS FOR DISCUSSION: · Economic Development Program for Delray Beach · Water/Sewer Budget FY 2002-2003 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. [ITY OF DELRI:IY IIEI:IEH CITY ATTORNEY'S OFFICE ~ POLICE LEGAL ADVISOR 1993 300 W ATLANTIC AVENUE ° DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7823 · FACSIMILE 561/243-7815 POLICE LEGAL ADVISOR MEMORANDUM To: David Harden, City Manager From: Catherine U. Kozol, Police Legal Advisor/~- Date: August 14, 2002 Re: Police Substation - District 1 Atlantic High School Attached for your review and insertion in the Consent Agenda is the original lease for the District 1 Substation at Atlantic High School between Palm Beach County School District and the City of Delray Beach. If you have any questions, please do not hesitate to call my office. Ath/encs. PLEASE TYPE FISCAL YEAR 19 /19 I OL .U,,BER LEASE NUMBER THE SCHOOL DISTRICT OF PALM BEACH COUNTY, FLORIDA L Lease Agreement For *Use Of School Facilities 29th July 2002 THIS AGREEMENT made this , day of ~ ~,z, be~.~'~THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, 'as Lessor, and , as Lessee. WlTNESSETH: That, by signing this agreement, Lessor does hereby lease unto the Lessee and Lessee takes and hires from Lessor the premises described below, for the date(s) and time(s) described below and for the use described below and for no other purpose, and will abide by all other terms and conditions listed on this lease, front and back, and Exhibit(s) attached hereto. FACILITY/PURPOSE/DATES/TIMES TOTAL HOURLY TOTAL HOURS COST Seacrest Facility/ police Substation/ August 1st, 2002- June 30th, 2003/ 24HRS Dai.ly Sub-Total 0 SALARIES, EQUIPMENT, OTHER SERVICES HOURS COST TOTAL Sub-Total 0 WAIVER OF FEES (as approved on prequahhcation) TOTAL Citi/ District Joint Use Agreement Sub-Total TOTAL CHARGE TO LESSEE (make check payable to this school) GRAND TOTAL ACCOUNT DISTRIBUTION GRAND TOTAL The rental rate for this lessee was prequalified for the fiscal year for this use by the School Board on ~ at (Date of Board Meeting) charges. (Commercial, Full, Partial, Ancillary) LESSEE: CITY OF DELRAY BEACH By: Witness: WHITE/Treasury Department PBSD 0503 (REV. 4/94) LESSOR: THE SCHOOL BOARD Of PALM BEACH COUNTY YELLOW/School {FROe~T) TERMS AND CONDITIONS OF THIS LEASE: · ~ 1. The Lessee will keep said premises in as good condition as when received and will not use or permit any use thereof which will invalidate or increase the rat~f}~su~nce, or ove#~ad the floors, or otherwise damage the ~.~ premises. th xt ntoe miktecl bv.law.~ ~ Less~e'~occ%pancy olrsa~pmrmses'sna.-i~e e~f_essee s sole risk and, _~-__~ee does hereby release and shall indemnify and save Lessor harmless from and against all loss, costs, damages and/or claims, including but not limited to, the Lessor's own negligence on account of injury to persons, or property, arising out of the presence on or the use of School Board property by the Lessee, its agents, members or guests....~_, ..., ~ , _ ',- · ,~ ~. _ ,, ,_. , 3. The Lessee hereby wan-ants that said Lessee does not and will not discriminate against any person on the basis of race, religion, national origin, age or sex unless specifically exempted from compliance herewith by Federal law or Federal regulation. ~ The Lessee shall comply with and be bound by the following terms and conditions: a. No acts shall be allowed in which open flames are used. b. No fireworks or explosives of any nature shall be permitted in or about said facilities. c. No intoxicating beverages of any kind or description shall be kept, used or consumed on the premises. d. No smoking shall be allowed or permitted inside the buildings. e. The possession, use or consumption of soft drinks and concessions shall not be allowed in the auditorium or in the gymnasium of the school facilities. - f. There shall be proper supervision for the accommodation and control of patrons attending any perfor- mance or activity. g. No more than seating capacity of the auditorium or gymnasium shall be permitted at any time. h. No use of the facility(les) shall be made contrary to the laws of the State of Florida, or contrary to any ordinance, rules or regulations of any proper government agency having the right to make same. - i. Any other requirements or policies, including insurance, as stipulated by the School Board or Supe~intefl- dent and specified as an Exhibit on the front of this lease. The Lessee has examined and knows the condition of said premises and has received the same in good order and repair, and that no representations as to the condition or repair thereof have been made by Lessor or the agent of Lessor prior to the execution of this Lease, that are not herein expressed or endorsed hereon. The Lessee agrees not to sell or assign this lease or sublet the said demised premises or any pert thereof to any person without first obtaining the written consent of Lessor Rent is payable prior to use except when other provisions have been made in writing as per directive, it is ex- pressly understood and agreed that if default be made in the payment of rent herein before specified to be paid, or any part thereof, as aforesaid, for three days after written notice, or if default shall have been made in any of the covenants and agreements herein contained, on the part of the Lessee to be performed, or in case of any viola- tion of any condition of this lease by Lessee, it shall be lawful for the Lessor at his election to declare said term and tenancy ended. Lessee shall and will pay and discharge all costs, expenses and attorney's fees that shall · --arise from enforcing the covenants of this lease by the Lessor, or the rights of the Lessor in the premises. - The waiver by Lessor of any breach of any term covenant, or condition shall not be deemed to be a waiver of such term, covenant or conditions or any subsequent breach of the same or any other term, covenant or condition herein contained. The Lessee agrees to identify to the lessor disabled participants/audience members at prequalification but no later .... than 14 days prior to the rental date. Either the Lessee, or disabled individual, or their designee, will arrange to visit the site and meet with a school administrator no later than 7 days prior to the rental date. At that time, the Lessee or the disabled individual or their designee will identify any accessibility issues'that would interfere with the full use and enjoyment of the planned activity. If an accessibility issue is identified, the Lessor retains the right to offer an alternate facility, if available, rather than modifying the original facility. However, nothing herein shall require the Lessor to make such improvements and the Lessee agrees to accept the demised premises in its 'as is" condition. Failure of the disabled individual or Lessee or its designee to identify accessibility issues or to meet the time constraints herein, signifies that the fadlity's accessibility is considered to be adequate by the Lessee, the disabled individual and/or Es designee. The Lessee agrees to indemnify and hold Lessor harmless from any and all matters resulting from Es use of the demised premises as it relates to the American with Disabilities Act of 1990, including any accommodation arising from the use herein. o MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER f~b/ CANCRIJ.&TIOIq OF CONTRACT AWARD (LUXURY LIMOUSINE SERVICE. INC.) AUGUST 20, 2002 On August 16, 2001, the City Commission approved a bid award to Luxury Limousine Service, Inc. for Bus Rental and Driver Service for the Parks and Recreation Depaximent. This was a one (1) year contract with an option to renew for two (2) additional one (1) year terms. The City of Delray Beach mailed a renewal letter to Luxury Limousine Service, Inc. Luxury Limousine is requesting a cancellation of contract to be effective August 26, 2002. Therefore, staff is recommending cancellation of the contract with Luxury Limousine Service, Inc. and an emergency purchase order to Florida Network Tours in the mount of $7,170.00 for buses for the remainder of the conttnct ten~. Funding is avaihble fxxma 0014105-57244.90 (After School), 0014121-57244.90 (Special Events) and 1154912-572-55.30 (Delray Rocks). Recommend approval of the contract cancellation with Luxury Limousine Service, Inc. and purchase order to Florida Network Tours for buses for the Parks and Recreation Depax/ment~ MEMORANDUM TO: David Harden, City Manager FROM: Joe Weldon, Director of Parks and Recreation THROUGH: Alberta Gaum, Accounting Assistant DATE: August 19, 2002 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING AUGUST 20, 2002 - CANCELLATION OF CONTRACT WITH LUXURY LIMOUSINE SERVICE INC.- BID #2001-36 BUS RENTAL & DRIVER SERVICE FOR PARKS AND RECREATION DEPARTMENT Item Before Commission: City Commission is requested to approve the cancellation of the contract with Luxury Limousine Service Inc. for bus rental and driver service for Parks and Recreation and recommend an emergency purchase order be issued to Florida Network Tours for the remainder of the contract for the total amount of $7,170. Background: City Commission at their meeting of August 16, 2001 awarded Bid #2001-36, Bus Rental and Driver Service for Parks and Recreation to Luxury Limousine Service Inc. This was a one (1) year contract with the option to renew for two (2) additional one (1) years. The City mailed a renewal letter to Luxury Limousine Services requesting the one year renewal. Per attached letter received August 19, 2002, Luxury Limousine Services is requesting a cancellation of contract effective August 26, 2002. The expiration date of the contract is September 30, 2002. Florida Network Services, the subcontractor who supplies the buses to Luxury Limousine Services, stated they will supply the buses for the remainder of the contract to the City with the expiration date of September 30, 2002 for the total amount of $7,170, covering nine buses for Rocks Football at $650.00 for a 12-hour charter including an additional 24 hours at $55.00 an hour for three eight hour buses for Special Events and the After School Program. This hourly rate is lower than the current hourly rate being paid to Luxury Limousine Services. Recommendation: Staff recommends the cancellation of the contract with Luxury Limousine Service Inc. for bus rental and driver service for the Parks and Recreation Department and recommends issuing an emergency purchase order to Florida Network Tours for $7,170 for the remainder of the contract. Funding from account codes: After School 001-4105-572-44.90, Special Events 001-4121-572- 44.90, and Rocks 115-4912-572-55.30. A new bid #2002-46 for the Bus Rental & Driver Service for the Parks and Recreation Department will open on Tuesday, September 10, 2002, at 3:00 P.M. Attachments: (1) Letter from Luxury Limousine Service Inc. (2) Letters from Florida Network Tours August tg, 2002 City of Detm.~ Beach 100 NW 1'er Avenue Delra.~ Beach. Florida Arm: Rodger Rebe~ro Lu.xur3.' Limousine £ervice. Mc. will not be able to perform service rbr THE ROCK FOOTBALL GAME starting August 24. 2002 'through October 26, 2002 due to cancellation of thc contract in September. If~ou have an> other questions plea.se feel t?ee to call me, 1~ No~h Nob Hill Road · Suite 271 · Plantation, Florida 33322 · Telephone: 954. 741. 2811 · Facsimile: 954. 741. 1788 Ru~ 19 02 03:25p FLORIDR HETWORK TOURS 954-921-3838 p.1 Florida Net,s ork Tours 621 W Hailanda!e Beach Blvd. 14allanciale, FL 33009 Fax Cover Sheet [}ATE: August 19, 2002 TIME, To: Mr. Joe Weldon ~'HONE: C~ty of Delray Beach FAX: FROM: Joel Auerbach PHONE: FAX. 4'25 PM .-243-7252 243-7268 954-458-4004 954-454-6633 RE' 8us transportation CC. Number of pages including cover sheet: Message Dear Mr. Weldon, It was a pleasure talking to you regarding your transportabon needs. Florida Network Tours will honor a price of $650.00 for a 12-hour charter and will include in that price the travel time to and from your pick up location locally. We can extend this pricing thru September 30.2002. I will contact Alberta Gaum in the morning and plan to come up to your location to meet wi;h you tcmorrow. I¢ you would like to find out a little more about our company please go to our websites at: wwv~ fnto.lrs corn or www ecobrazll,coFi Florida Network Tours has been in business 14 years and ! can assure you of ,,he quality of' our busses and drivers. Thank you, tJoel Auerbach Vice President- Transportation-Transportation Rug 20 02 OG:36a FLORIDR METWORK TOURS 954-921-3838 p.! Florida Network Tours 621 W, Hallan,dalc Beach Bird H}tllandale. FL .,33009 Fax Cover Sheet DATE: August 20 2002 TO: Alberta City of Delray Beacl~ TIME: PI-tONE: FAX; 7 39 AM 56t -243-7252 561-243-7268 FROM: Joel Auerbach PHONE: FAX: 954-458-4004 954-454.6633 RE: CC: Bus transportation Number of pagcs including cover sheet: Message Dear Alberta, Per our conversation. I will be up at your office at 11:00 AM this morning so we can discuss your bus ;ransportation needs In add~tion to the 12 hour flat rate price we faxed to you yesterday we can extend a $55.00 Der hour rate for local work. We do have a five hour minimum time frame for our busses. Thank you, Joel Auerbach Vice Pres,dent - Transportation-Transportation Date: 8/20/02 AGENDA REQUEST 880 Budget Director Review (required on all items~ expenditure of funds): Funding Available: No Initials: /~,4'/g.~ Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: ~ / No Initials: ~/~/ Hold Until: Agenda Coordinator Review: Received: (if applicable) Accounts: 115-4912-572-55.30 $5,850 D 001-4105~572-~4.90 $ 440~ 001-4121-572-44.90 epartment Hea~A. J Signature: ~,' . City Attorney Revi~wfRecornmendation (if applicable): Request to be placed on: x Consent Agenda Regular Agenda Workshop Agenda Special Agenda When: Tuesday, August 20, 2002 Description of Agenda Item (who, what, where, how much): Cancellation of contrac~ with Luxury Limousine Service, Inc. effective August 26, 2002 and issuing an'emergency purchase order to Florida Network Tours for $7,170 for'the remainder of the contract. GREATER DELRAY BEACH Chamber of Commerce Memo to: From: Re: Date: Delray Beach City Commission; City Manager; DDA Board; CRA Board; Chamber Board & Council of 100 Bill Wood Economic Development Program for Delray Beach August 15, 2002 Economic Development - what is it? Why is it important? Who does it? The main goal of economic development is improving the economic well being of a community. At the risk of over simplifying - every time a new business opens in Delray Beach, the economic benefits not only go to the owners, but to the entire community. New payroll dollars in our community increase retail sales, increase bank deposits, increase home purchases, generates new tax revenue, stimulates greater capital investments which helps develop new jobs which produces the wealth within our community that is absolutely necessary if we are to finance all the governmental, civic, educational, cultural and charitable needs for Delray Beach (whew). There is no single definition for economic development; there is no single strategy, policy or program for achieving successful economic development. And therein lies our problem. In Delray Beach our city-wide and downtown development has been a successful, but fragmented promotion of development, redevelopment and revitalization of our business districts. CRA, DDA, city and chamber have all done a great job.., so far. Downtowns traditionally are the centers of both business and culture and developing them involves a range of activities designed to meet complementary goals of just about everyone. And the timing is right as there does seem to be consensus that we are at a new stage of development - that competition for business - retail, commercial or other - is at an all time high and that now is the time to focus our collective "economic development" efforts. This memo outlines a proposal to develop a new partnership and contractual agreement between the City of Delray Beach, its agencies and the Delray Beach Chamber of Commerce to focus and promote development efforts throughout all areas of the city. Economic development can best be described in terms of obiectives so let me propose the following: Fund a position of "Business" or "Economic Developer" within the Chamber of Commerce whose objective will be to pro-actively solicit specific commercial and retail establishments to come to Delray Beach. (Because of the high costs of economic development marketing, we will need to target our spending to focus on marketing and recruitment efforts to specific types / kinds of businesses - see objectives below). ¢' Develop a "cooperative" (much like the existing Joint Venture) to assist this new economic development effort to include: > the Delray Beach Chamber and its Council of 100 economic development arm > the City of Delray Beach > the Community Redevelopment Agency > the Downtown Development Authority This cooperatives objective's will be to: ~ provide direction and recommendations > utilize existing and new staff, analyze research data such as the downtown cluster study to determine appropriate business types within the downtown > utilize existing and new staff, research and recommend business types for specific geographic areas outside of the downtown. ,,' Since downtown development / redevelopment, or development in other parts of the city affect many people, neighborhoods and businesses, this new cooperative will discuss proposed developments in relation to existing city plans, i.e. - Downtown Master Plan, West Atlantic Avenue Redevelopment Plan, North Federal Highway Redevelopment Plan, City Master Plan and others to encourage business attraction efforts, projects and developments consistent with those plans. ,/ Promote Delray as an ideal location for technology firms. E-commerce firms traditionally prefer downtown locations, which offer face-to-face collaboration for the creation of new ideas and problem solving with other firms. Downtowns can offer: ~ Large open plan offices > Vibrant urban scenes attractive to young technology workers ;> Coincidental meetings on the street with others in the same line of work > Alternative meeting places v' Identify, research and recommend to Cooperative, infrastructure and/or other physical or service related needs that will improve opportunities to attract specific types of businesses, i.e., broadband availability in Delray Beach, specific bus stops necessary to accommodate employers needs for employees, etc. ¢' Develop a working relationship with county and state economic development agencies and personnel (Business Development Board, Enterprise Florida, Workforce Alliance, etc.) Other?? draft - draft - draft - draft - draft - draft - draft - draft - draft Our Mission, (in draft): To plan, organize, implement and control a program of research and targeted promotion to attract desired retail, commercial business to Delray Beach which will contribute to; enhance, complement and improve the quality of life in Delray Beach. Administrative --- Job Description Position: Executive Director of Economic Development, Greater Delray Beach Chamber of Commerce Reports to: President, with additional direct line reporting to the "Cooperative" partners Basic Function: The Executive Director shall plan, organize, implement and direct an economic / business development program to bring new enterprises and new jobs to the city of Delray Beach. Duties and Responsibilities: Plan, organize, implement and direct an economic development program to include the following goals: The attraction of business to Delray Beach. The expansion and retention of existing business in Delray Beach. Business attraction shall be a specific responsibility of the executive director and a high percentage of the person's time shall be devoted to this effort. Work with Cooperative partners to design and recommend to the Chamber and its Council of 100, an annual "Program of Action" outlining specific goals and objectives to be accomplished. Evaluation of such a complex undertaking, particularly when city funds are involved, should focus on the degree to which this program will have achieved mutually agreed upon goals. These might include quantitative measures as follows: · Success in filling targeted spaces with targeted business types · Number of jobs created/retained · Cost per job created/retained · Vacancy rates for retail and office space · Absorption rates for retail and office space Other measures (both qualitative and quantitative) might include: · Number of positive press hits on downtown activities, improvements · Tourism rates (number of hotel nights, conference attendance) · Culture (attendance at performances and special events) · Private-sector leverage · Average salary of jobs created · Types and degrees of public-private interaction · Community engagement in the process · Perceptions of downtown (cleanliness, accessibility, safety & crime rate) Conduct a program of market research to identify specialty industries and clusters existing in Delray Beach, which provide the opportunity for target marketing and develop a marketing strategy to reach those industries. Based on identification of specific types of retail and businesses desired, initiate contact with prospects by telephone, mail and personal visits. Determine how they can be encouraged to consider Delray Beach for their expansion or relocation plans. Develop with the realtor community, a cooperative agreement or memorandum to protect and ensure fairness to: property owners, realtors and prospective clients! Maintain an active, current inventory of retail space, buildings and land for sale or lease by prospective companies. Prepare an annual report of accomplishments. The executive director must be a person of high character and integrity and should be knowledgeable in: o Principles and practices of economic and community development o City, County, State and Federal economic development programs o Business practices and procedures o Business recruitment principles and strategies including an understanding of private sector considerations in making business expansion or location decisions o Basic understanding of City organization, operation, policies and objectives o Sales and marketing experience to ensure effective promotion of Delray Beach as a business relocation/expansion destination o Education: · Bachelors degree in Business Administration, Public Administration, Economics, or a related field is required · Minimum of 5 years of progressively responsible experience with economic development, redevelopment, community development, planning, real estate acquisition and/or development, commercial rehabilitation or closely related field. · Approximate salary range - $50,000 to $70,000 This proposal will require refinement. However, the city is in the midst of budget deliberations now and we are requesting they aside at least $100,000 in their 2002-2003 budget to eventually enter into a contractual agreement with the chamber to develop an economic development effort as outlined above that would be housed within the chamber of commerce. 0 0 0 000 000 000~0~ --, 8o8~o8 ~oo8~oo o Il) ~1 0'1 C;10 O~ C~ 0000 C~ 0 ~ 00000000~0 ~o.~ 8e 0,~ 0 00 ID 0'10~ 00 --~ CD I~0 ~o~ 00~0~00~0~0 ~0~ 000~000~0~0 ~ ~ §8~88§ 000 0000 0 O0 000 ~8 'q 0 0 I~0~0 00'~ 0